The Acting Secretary of State to Ambassador O’Brien.
Washington, August 24, 1910.
Your August 19, 1 p.m. As indicated in department’s memorandum forwarded to you July 6 department hoped that Japanese suggestions of May 10, which were based upon American propositions set forth in identic circular note of November last, would be fully met by draft additional protocol which was submitted to the Japanese Government by the Netherlands Government on May 24 last or two weeks after the delivery to you of the Japanese memorandum. It will be observed that proposed additional protocol does not differ in sense from the vœu recommended by the delegates of Japan and other powers assembled at the London Maritime Conference, it being then understood that the vœu was satisfactory to Japan. Proposed protocol applies in terms to all powers laboring under constitutional difficulties similar to those existing in the United States. France, while approving proposed protocol, announces she does not intend to take advantage of it. Should the contemplated constitutional difficulties exist in Japan, obviously that Government may take advantage of provision of protocol as now drafted. However, this Government would deprecate proposal to alter present protocol because it believes that discussion of any proposed modification would almost of necessity delay ratification of prize court convention as amended by proposed protocol. Therefore, this Government is sincerely of the hope that the Government of Japan will be able to approve amended protocol as now proposed.