711.94/213316/18a

American Draft Proposed Handed to the Japanese Ambassador ( Nomura ) on May 31, 1941

Unofficial, Exploratory
and Without Commitment

The Governments of the United States and of Japan accept joint responsibility for the initiation and conclusion of a general agreement of understanding as expressed in a joint declaration.

Without reference to specific causes of recent estrangement, it is the sincere desire of both Governments that the incidents which led to the deterioration of amicable sentiment between their countries should be prevented from recurrence and corrected in their unforeseen and unfortunate consequences.

It is our present hope that, by a cooperative effort, the United States and Japan may contribute effectively toward establishment and preservation of peace in the Pacific area; and, by the rapid consummation of an amicable understanding, arrest, if not dispel, the tragic confusion that now threatens to engulf civilization.

For such decisive action, protracted negotiations would seem ill-suited and weakening. Both Governments, therefore, desire that adequate instrumentalities should be developed for the realization of a general understanding which would bind, meanwhile, both Governments in honor and in act.

It is the belief of the two Governments that such an understanding should comprise only the pivotal issues of urgency and not the accessory concerns which could be deliberated at a conference.

Both Governments presume to anticipate that they could achieve harmonious relations if certain situations and attitudes were clarified or improved; to wit:

1.
The concepts of the United States and of Japan respecting international relations and the character of nations.
2.
The attitudes of both Governments toward the European war.
3.
Action toward a peaceful settlement between China and Japan.
4.
Commerce between both nations.
5.
Economic activity of both nations in the Pacific area.
6.
The policies of both nations affecting political stabilization in the Pacific area.
7.
Neutralization of the Philippine Islands.

Accordingly, the Government of the United States and the Government of Japan have come to the following mutual understanding and declaration of policy:

[Page 447]

I. The concepts of the United States and of Japan respecting international relations and the character of nations.

Both Governments affirm that their national policies are directed toward the foundation of a lasting peace and the inauguration of a new era of reciprocal confidence and cooperation among our peoples.

Both Governments declare that it is their traditional, and present, concept and conviction that nations and races compose, as members of a family, one household; each equally enjoying rights and admitting responsibilities with a mutuality of interests regulated by peaceful processes and directed to the pursuit of their moral and physical welfare, which they are bound to defend for themselves as they are bound not to destroy for others; they further admit their responsibilities to oppose the oppression or exploitation of other nations.

Both Governments are firmly determined that their respective traditional concepts on the character of nations and the underlying moral principles of social order and national life will continue to be preserved and never transformed by foreign ideas or ideologies contrary to those moral principles and concepts.

II. The attitudes of both Governments toward the European war.

The Government of Japan maintains that the purpose of the Tripartite Pact was, and is, defensive and is designed to prevent the participation of nations in the European war not at present involved in it. Obviously, the provisions of the Pact do not apply to involvement through acts of self-defense.

The Government of the United States maintains that its attitude toward the European hostilities is and will continue to be determined solely and exclusively by considerations of protection and self-defense: its national security and the defense thereof.

III. Action toward a peaceful settlement between China and Japan.

The Japanese Government having communicated to the Government of the United States the general terms within the framework of which the Japanese Government will propose the negotiation of a peaceful settlement with the Chinese Government, which terms are declared by the Japanese Government to be in harmony with the Konoe principles regarding neighborly friendship and mutual respect of sovereignty and territories and with the practical application of those principles, the President of the United States will suggest to the Government of China that the Government of China and the Government of Japan enter into a negotiation on a basis mutually advantageous and acceptable for a termination of hostilities and resumption of peaceful relations.

Note: (The foregoing draft of Section III is subject to further discussion of the question of cooperative defense against communistic activities, including the stationing of Japanese troops in Chinese territory.)

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IV. Commerce between both nations.

When official approbation to the present understanding has been given by both Governments, the United States and Japan shall assure each other mutually to supply such commodities as are, respectively, available and required by either of them. Both Governments further consent to take necessary steps to resume normal trade relations as formerly established under the Treaty of Commerce and Navigation between the United States and Japan. If a new commercial treaty is desired by both Governments, it would be negotiated as soon as possible and be concluded in accordance with usual procedures.

V. Economic activity of both nations in the Pacific area.

On the basis of mutual pledges hereby given that Japanese activity and American activity in the Pacific area shall be carried on by peaceful means and in conformity with the principle of non-discrimination in international commercial relations, the Japanese Government and the Government of the United States agree to cooperate each with the other toward obtaining non-discriminatory access by Japan and by the United States to commercial supplies of natural resources (such as oil, rubber, tin, nickel) which each country needs for the safeguarding and development of its own economy.

VI. The policies of both nations affecting political stabilization in the Pacific area.

The Japanese Government and the Government of the United States declare that the controlling policy underlying this understanding is peace in the Pacific area; that it is their fundamental purpose, through cooperative effort, to contribute to the maintenance and the preservation of peace in the Pacific area; and that neither has territorial designs in the area mentioned.

VII. Neutralization of the Philippine Islands.

The Government of Japan declares its willingness to enter at such time as the Government of the United States may desire into negotiation with the Government of the United States with a view to the conclusion of a treaty for the neutralization of the Philippine Islands, when Philippine independence shall have been achieved.

[Annex 1]

Annex and Supplement on the Part of the Japanese Government

III. Action toward a peaceful settlement between China and Japan.

The basic terms as referred to in the above section are as follows:

1.
Neighborly friendship.
2.
(Cooperative defense against injurious communistic activities—including the stationing of Japanese troops in Chinese territory.) Subject to further discussion.
3.
Economic cooperation—by which China and Japan will proceed on the basis of non-discrimination in international commercial relations.
4.
Mutual respect of sovereignty and territories.
5.
Mutual respect for the inherent characteristics of each nation cooperating as good neighbors and forming a Far Eastern nucleus contributing to world peace.
6.
Withdrawal of Japanese military and naval forces from Chinese territory and Chinese waters as promptly as possible and in accordance with an agreement to be concluded between Japan and China.
7.
No annexation.
8.
No indemnities.
9.
Amicable negotiation in regard to Manchoukuo.

[Annex 2]

Annex and Supplement on the Part of the Government of the United States

II. The attitudes of both Governments toward the European war.

The position of the Government of the United States toward the military movement of conquest inaugurated by Mr. Hitler is set forth in a public address made by the Secretary of State on April 24, 1941. Some extracts which are directly in point and which are basic in relation to the entire situation are as follows:

“… As waged by them (the aggressor powers) this is not an ordinary war. It is a war of assault by these would-be conquerors, employing every method of barbarism, upon nations which cling to their right to live in freedom and which are resisting in self-defense.… Such is the movement which is extending rapidly throughout the world.

“If experience shows anything, it shows that no nation anywhere has the slightest reason to feel that it will be exempted from attack by the invader, any more than, in a town overrun by bandits, the wealthiest citizen might expect to be free from attack.

“… Every thinking man can answer the question for himself by simply calling the roll of the wretched victims of world aggression who are now in a condition of semi-slavery, and whose every hope of again enjoying the blessings of civilization depends only on the defeat or failure of the movement of conquest. So it is in Austria, Czechoslovakia, Poland, Norway, Denmark, Holland, Belgium, Albania, Luxemburg, France, Rumania, Hungary, Bulgaria, Yugoslavia.

“… The conclusion is plain. Now, after some fifteen nations have lost everything that makes life worth living, it is high time that the remaining free countries should arm to the fullest extent and in the briefest time humanly possible and act for their self-preservation.

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“… Events have shown beyond possible question that the safety of this hemisphere and of this country calls for resistance wherever resistance will be most effective.… This policy means, in practical application, that … aid must reach its destination in the shortest or time and in maximum quantity. So—ways must be found to do this.

“… Those nations that are making resistance are primarily seeking to save themselves, their homes and their liberties. Great Britain for instance is acting primarily for her own safety. The United States both in its direct defense effort and in the aid which it extends to the resisting nations is likewise acting primarily for its own safety. As safety for the nations that are offering resistance means security for us, aid to them is an essential part of our own defense. Every new conquest makes available to the aggressor greater resources for use against the remaining free peoples. Our aid to the resisting nations is not the mere crusading of a world benefactor. It is based on the definite knowledge that every free nation anywhere is a bastion of strength to all the remaining free peoples everywhere.

“… Those Americans who, in effect, are saying that a British defeat would not matter to us, signally overlook the fact that the resulting delivery of the high seas to the invader would create colossal danger to our own national defense and security. The breadth of the sea may give us a little time. It does not give us safety. Safety can only come from our ability, in conjunction with other peace-loving nations, to prevent any aggressor from attaining control of the high seas.

“… Some among us, doubtless with the best of intentions, still contend that our country need not resist until armed forces of an invader shall have crossed the boundary line of this hemisphere. But this merely means that there would be no resistance by the hemisphere, including the United States, until the invading countries had acquired complete control of the other four continents and of the high seas, and thus had obtained every possible strategic advantage, reducing us to the corresponding disadvantage of a severely handicapped defense. This is an utterly shortsighted and extremely dangerous view.”

The foregoing statements make it clear that the attitude of the Government of the United States is one of resolve to take measures of self-defense in resistance to a movement, which, as has been made unequivocally clear by the acts and utterances of Hitler, is directed to world conquest by force from which no country and no area are excepted. This attitude is based upon a most fundamental consideration—that of the inalienable right of self-defense. The only other attitude this Government could assume would be the suicidal attitude of some fifteen countries in Europe which also were told, as our country is being told, that they would not be molested but that if they should undertake to resist beyond their own boundaries they would be charged with being aggressors and with having assumed the offensive. A similar course by this nation from the standpoint of effective defense against the Hitler movement of world conquest would be absurd, futile and suicidal from the standpoint of reasonable precautions for its safety.

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In the light of the existing situation, Hitler is the one person who can promptly remove the necessity for efforts at effective self-defense by this country and other countries similarly situated, whereas for any other nation to request that the United States desist from any such resistance would in its actual effect range the country making such request on the side of Hitler and his movement of aggression by force. Hitler is therefore the person who should be addressed in support of peace, rather than those whom he is attacking for the purpose of bringing about their complete subjugation without color of law, or of right, or of humanity.

“Yes, it makes a difference who wins—the difference whether we stand with our backs to the wall with the other four continents against us and the high seas lost, alone defending the last free territories on earth—or whether we keep our place in an orderly world.”

[Annex 3]

Annex and Supplement on the Part of the Government of the United States

IV. Commerce between both nations.

It is understood that during the present international emergency Japan and the United States each shall permit export to the other of commodities in amounts up to the figures of usual or pre-war trade, except, in the case of each, commodities which it needs for its own purposes of security and self-defense.