Foreign Relations of the United States: Diplomatic Papers, 1943, The British Commonwealth, Eastern Europe, the Far East, Volume III

701.0090/2215b

The Secretary of State to the Spanish Ambassador (Cárdenas)

The Secretary of State presents his compliments to His Excellency the Spanish Ambassador in charge of Japanese interests in continental United States and has the honor to inform him that there has been received through Swiss channels a summary of a note dated September 6 from the Japanese Foreign Office to the Swiss Legation²⁴ in charge of United States interests in Japan stating that the Japanese Government refuses to permit the repatriation in the present exchange of nationals of eleven United States citizens accused of espionage, one United States citizen convicted of attempted escape and three other United States citizens who are “under suspicion of having carried on political activities”. The Japanese Government has likewise refused to permit the repatriation of one Canadian national charged with espionage.

The United States Government views with concern the position taken by the Japanese Government in the communication above-mentioned which is contrary to the exchange agreement between the United States and Japanese Governments as understood by the Department of State. For its part the United States Government, as the Spanish Embassy is aware, permitted the embarkation on the motorship Gripsholm when it left New York on its second voyage of all Japanese aliens who were named for repatriation by the Japanese Government and were willing to go, regardless of the criminal charges which might have been brought against them. There were thus placed on the vessel various individuals who might have been successfully prosecuted for espionage had the United States Government wished to withhold them from the exchange contrary to the exchange agreement. Likewise, other individuals were embarked who could have been made the defendants in ordinary criminal prosecutions with penalties running as high as $200,000. To fulfill the exchange the United States Government withheld legal action against these individuals.

The Secretary of State would be grateful if His Excellency the Spanish Ambassador would urgently confirm to the Japanese Government the fact that the United States Government, as indicated above, has faithfully observed its commitments under the exchange agreement and in full conformity with those commitments has not withheld from the exchange any Japanese alien who wished to be repatriated.

Washington , September 9, 1943.

24. Telegram No. 5546, September 8, from the Minister in Switzerland, not printed. September 6 is the date of a note from the Swiss Foreign Office to the American Minister in Switzerland which summarized a note from the Japanese Foreign Office to the Swiss Legation in Japan. No date is given for the latter in No. 5546. In telegram No. 2213, September 8, to the Minister in Switzerland, the Department inquired whether the contents of No. 2177, supra, had been available to the Japanese Foreign Office at the time its note was delivered to the Swiss Legation at Tokyo (701.0090/2180). In telegram No. 5694, September 13, the Minister reported a negative reply from the Swiss Foreign Office (701.0090/2234).