The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-07-30

San Francisco, July 2s.-The following
Hawaiian advices were received here to-
day per steamship Alameda. which left
Honolulu on the 22nd inst:
Minister of Foreign Affairs Henry E.
Cooper has given out a synopsis of the
correspondence in the Japanese immi-
grant controversy. This was done in
Difference to the wishes of the support
ers of the Hawaiian republic, who were
at loss TO know why this government
made an offer to arbitrate with Japan.
WILLING TO ARBITRATE.
The letter OF June IS. written by Min
lister Cooper. containing the offer to ar
bitrate. reads:
Referring to the subject of correspond
ence between his imperial Japanese
majeSty's government and the govern
ment of Hawaii, relating to the contro-
versy that has arisen IN regard TO the
rejected immigrants, permit me to add
70 my Ietter OF the zoth INST tnat, Whlte
still maintaining the integrity of the pO-
sltion taken by this government, yet
should the parties fail to arrive at a set
Element of the question, l am authorized
by this government, in view of the friend
~ relations that have so long existed be-
tween the two countries, and the mutual
benefits of continuance of such friend
ly intercourse. and the fact that the i'm
portant questions involved have to do
with the construction of the treaty and
convention now existing between the two
countries, as well as a discussion of the
laws of this country, to suggest that the
matters at issue be referred to a disin-
terested arbitrator or arbitrators for set
Element, and in case such sugges ton is
accepted by his imperial japanese
majesty'S government 10 say that the
Hawaiian government will abide by the
result
The next mail from Japan Will be due
on the 18th, when it viii be known def
nitely whether or not Japan will accept
CooDers offer.
OAKUMAS DOCUMENT.
In speaking of Count Oakuma's docu-
ment, Cooper said:
Under date of Toxic. April 49, and
received by me at the hands of Mr..
Shimamura on May II, was a letter
written by Count Oakuma, japanese min
lister of foreign affairs, in which he re-
cites the fact of the nature of the emf
grants by the Shinshin Maru on April
9. In this communication Count Oak
una informs the government that he has
ton TO all questions involved, and al
though influenced by a friendly desire TO
accord due weight to every extenuating
circumstance, the government considers
that the inhOSDitable acts complained of
were in derogation of the conventional
rights of japanese subjects
Directly under the treaty of 1871, and
indirectly by application of the most
favored-natiOn principle TO treaties now in
force between Hawaii and other coun-
tries, Japanese subjects, absolutely and
equally with Hawaiian citizens are one,
at liberty. freely and securely. to enter
with their ships and cargoes all places,
ports and rivers in Hawaii which are
open to foreign commerce.
'Second-They have the right TO travel,
trade, reside and exercise every profess
sion or industry in all parts of Hawaii.
''Third-They are entitled 10 constant
and complete protection from the Ha-
waiian government for their persons and
property as we'll as in regard to civil
rights.
''Fourth-They are also entitled to free
and easy access TO the courts of justice
of Hawaii in prosecution and defense of
their rights. in every instance and degree
OF jurisdiction established by the laws,
and.
'.FIfth-They are at liberty. under any
and all circums tanceS, to choose and en-
ploy lawyers and solicitors. advocates or
agents, from any class whom they may
see fit TO authorize and act for them or
In disregard of these rights wrote
Count Okuama. $50 Japanese subjects,
after being confined for some considerable
time and without any judicial deterrnina-
ton. without having access to the courts,
without having permission 10 consult
with our representa- tives. were ignOmin-
iously expelled from the country
1T is not suggested that similar treat
ment would, under any circunS tances. be
melted out to Hawaiian citizens; in fact,
the action was based upon the fact that
statutory fiction. were deemed to be with
out the territorial limits of Hawaii.
Count Okuma said. also, that his gov
eminent was convinced that act II. OF
1885, and act 66. of the preceding year,
if correctly interpreted by Hawaiian au-
thoritieS. is in cOntraventiOn of the exist
ing treaty between the two governments.
The proper regulation of immigration, he
admits. IS the legitimate exercise OF the
polsce power of the state. the reasonable
laws on that subject. reasonably admin
istered by Hawaii. will promote no re-
mOnstrance from Japan. In the present
case. the laws were a reversal of the eX-
isting precedents, arbitrarily and capri
ciouSly enforced, and that the extra jul
dicial proceedings of the Hawaiian au-
thOrities were not conclusive, and the re-
fusal OF the court appealed to, to inter-
vene. was denial of justice, the cOnclu-
sion being that the japanese government
entertained the expectation that this gov
eminent will recognize the principle Of
naturalization. and. further, they ask
for the additional assurance that these
acts will not be repeated
The particulars regarding the amount
of the claim" Count Okuma wrote, will
be made the subject of a further COM
munication. but 1 may say here, that the
communication has not yet been re-
ceived."
Mr.. Cooper said: '.You will understand
that my first letter was not one of ar
gument or defense. l. was a mere state
meat of facts. The correspondence which
has followed has brought Oqt other points
and now this government has been
charged with shifting its policy to suit
the occasion
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