Foreign Relations of the United States Diplomatic Papers, 1940, The Far East, Volume IV

711.942/501b: Telegram

The Secretary of State to the Ambassador in Japan (Grew)

Washington, January 23, 1940—6 p.m.

33. Department’s 32, January 23, 4 p.m.¹⁴ The Japanese Ambassador in his conversation this afternoon with Mr. Berle,¹⁵ after referring to his Government’s concern over the state of affairs which might follow expiration of the treaty of commerce and navigation on January 26 and to the fact there had been an interruption in the conversations at Tokyo due to a change of cabinet, stated that the Japanese Government had made provision through Imperial Ordinance that there would be no change in duties levied in Japan upon American imports and in the status of American businessmen residing in Japan. The Ambassador then propounded three questions, an account of which and of Mr. Berle’s replies thereto are given in a separate telegram.¹⁶

With reference to the draft exchanges of notes presented by Mr. Morishima to Mr. Hornbeck on January 19¹⁷ Mr. Berle informed the Ambassador that the Department was examining the drafts but was of the opinion that it would be advisable to leave open for the time being the question of entering into arrangements of the nature which were contemplated in the drafts. Mr. Berle pointed out that there were involved in the drafts legal and other questions which would require considerable study; that in the opinion of the Department greater advantage would be likely to flow from leaving these matters to be taken up in their logical relationship and sequence to the larger subjects under discussion in the conversations which have been going on for some time between the American Embassy and the Foreign Office at Tokyo; and that those conversations appear to the Department to offer the most practical means at the present stage for exploring the avenues of adjusting relations between the United States and Japan. Mr. Berle referred to the statement given on December 22, 1939, by you to the Minister for Foreign Affairs,¹⁸ setting forth the position of this Government in regard to the question of entering upon the negotiation of a commercial treaty or agreement to replace the 1911 treaty of commerce and navigation, and stated that the Department believes that when substantial progress is made in discussion of the more fundamental questions to which attention was called in that statement and which were being considered in the conversations mentioned it should be easier to deal with specific and detailed matters such as those which were put forward in the drafts under reference.

The Ambassador then suggested that there might be drawn up memoranda which might be initialed by himself and the Secretary. Mr. Berle pointed out that such a procedure would be unusual in a situation in which no agreement had been made and that even the announcement in regard to treaty merchants was a unilateral announcement by this Government, and expressed the view that he saw no reason for exchanging an initialed minute but would be glad to see whether there appeared to be any occasion for one.

Hull

14. Foreign Relations, Japan, 1931–1941, vol. ii, p. 196.
15. Adolf A. Berle, Jr., Assistant Secretary of State.
16. See telegram No. 34, January 25, 6 p.m., to the Ambassador in Japan, Foreign Relations, Japan, 1931–1941, vol. ii, p. 198.
17. Drafts not printed; see telegram No. 26, January 19, 7 p.m., to the Ambassador in Japan, p. 628.
18. For statement, see telegram No. 402, December 18, 1939, 2 p.m., to the Ambassador in Japan, Foreign Relations, Japan, 1931–1941, vol. ii, p. 190; see also the Ambassador’s telegram No. 699, December 22, 1939, 9 p.m., Foreign Relations, 1939, vol. iii, p. 627.