File No. 811.52/181.
Telegram received by the Japanese Embassy on June 30, from the Minister for Foreign Affairs.
The larger part of the land actually owned by the Japanese in California was acquired before July 17, 1911, on which date the existing treaty came into force. Consequently such land was lawfully acquired while the treaty of 1894 was in operation. The third paragraph of Article I of the treaty expressly guarantees to Japanese subjects, in reciprocity, the national and most favored nation treatment in the United States in all that relates to “the disposal of property of any sort and in any manner whatsoever, which they may lawfully acquire.” The guarantee still holds good in spite of subsequent abrogation of the treaty. The latter point was clearly announced by the United States Supreme Court in Chirac v. Chirac in following terms:
It will be admitted that a right once vested does not require for its preservation the continued existence of the power by which it was acquired. If a treaty or any other law has performed its office by giving a right, the expiration of the treaty or law can not extinguish that right.
These views have been repeatedly and consistently upheld by the same court in a number of similar cases. They will be embodied in the aide-mémoire, which you will shortly be authorized to present to the Secretary of State. You will draw his attention to this important point which seems to be fully convincing in support of our claim.