The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-01
MAUSERS DID NOT HAVE
To Cd On THE MANIFEST
Col. Fitch, Head FiIibuster, Says They We're
Among the Exempt Personal Belongings
of the Passengers and Crew.

~HERD is no law. said Mr.. Fitch,
4 requiring a passenger on a sea-
crew to enter list of his personal
belongings upon the vessels manifest
whether the same consist of an extra
hair brush, a Mauser rifle or a dozen
of Vienna sausage. Anyhow. the pas
senger carrying regulations of the nav
igat!on laws DO not apply to vessels OF
under a hundred tons burden. and the
Julia z. whalen registers but SO tons.
Mr. Mkt Saito Is mistaken I never
asked him to give a letter to the Japa-
nese on the island saying that the isl
and belongs to the Americans and they
should therefore allow them to take
possession as is their right. How could
ne pass upon such question! All
that I requested of him in the interest
of peace was to write a letter to whom
If might concern saying that he had
been assured that no rights OF Japa-
nese subjects or OF the Japanese gov
eminent would be invaded. Such let
ter was requested in order to quiet the
fears OF ignorant Japanese fishermen.
As for the Japanese war vessel re-
ported to be carrying Japanese COM
mission, that would require different
kind of treatment. Captain Rosehiii
is advised what to do in that contin-
gency, and on some accounts 1 am slao
that such a vessel viii be there. Cap
tain Rosehill will go on board or the
man-of-war, present his papers from
The State Department. which show his
title in full, and state the case fully TO
the commissioner.
If informed--as he probably will be
now-that the government OF Japan
will not recognize the right of the Uni
ted States but claims the island for it.
self. Captain Rosehill will then request
the privilege of going ashore with the
chemist and naturalist and unarmed
men to do the work of digging; or he
will offer to employ and pay the Japa-
nese on the island to do the digging
and take samples and measure the size
of the guano deposits. He Will sign a
written agreement that this is done
by permission and license OF Japan and
confers no rights. 1t is not probable
that the japanese would refuse such
reasonable request. II we obtain the
samples that is all the Whalen went
after, anyway. If those samples show
low grade phosphates, we viii have LOST
our money and time, and we won
care what power has the best title 10
the island. If the samples show high
grade phosphates, we will leave the
question Of ownership to be determined
peaceably by the two governments, ana
If it is decided In favor Of Japan, why
then we will see what kind of trade
we can make with the Mikado for the
right to remove the guano, and do NOT
in the least doubt that we will be able
TO make an arrangement that will be
very profitable to the Marcus Island
Guano Company
The worst that can happen to us is to
be refused a landing, and that the
Whalen shall, under the guns of the
Japanese cruiser. be driven away from
Marcus Island without our knowing
whether there is any guano there. In
such an event it would be the duty OF
our government to present a claim
against Japan for money indemnity for
the Marcus Island Co, and for the
possession of the island for the United
States Such a claim would probably
be sent to a neutral power for arbitra-
ton and determination. If Japan can
prove from her archives that her sub
jects discovered and that she annexed
the island in 1879, ten years before
Rosehill went there. then Japan, under
the laws of nations, has the best right
even if the Japanese never went near
the island between 1879 and 1888, for a
nation, unlike an individual, cannot
lose it's title by non-occupancy of terri
tory il has once acquired. Rosehill
might have lost his right to she guano
deposits. though he did not, by neg
lect. He might never have been able
to file a bond and so perfect his title.
But that would not deprive the Uni
ted States of it's title. The title of the
United States does not depend upon
RosehTrs subsequent action. 1t ac-
quired title when its flag went up on
Marcus. accompanied by a formal
claim, which was formally recorded in
the archives Of it's State Department,
and while Rosehill's neglect might have
deprived him of his individual rights. 1t
could not deprive his government OF
The sovereignty he acquired for 1t.
Again, Japan itself does not claim
any act of annexation by it until 1895,
and then it evidently neglected to give
that notice to the nations which is usu-
ally given by circular letter to all civ
llized powers when new territory is ac-