Foreign Relations of the United States: Diplomatic Papers, 1944, The Near East, South Asia, and Africa, The Far East, Volume V

711.94114A/32

The Minister in Switzerland (Harrison) to the Secretary of State

No. 8171

Bern, May 15, 1944.
[Received June 3.]

Sir: I have the honor to refer to the Legation’s telegram No. 3038 of May 12, 1944,⁵⁰ which reported that the Legation has received a note dated May 11, 1944, from the Swiss Foreign Office transmitting photostatic copies of a telegram from the Swiss Minister at Tokyo which quotes a letter dated April 24, 1944, from the Japanese Foreign Office, constituting the Japanese Government’s reply to the Department’s telegram No. 2814 of December 12, 1942,⁵¹ in accordance with the ultimate paragraph of the Legation’s telegram No. 3389 of June 4, 1943.⁵²

There is now enclosed, without awaiting the Department’s response to the Legation’s telegram No. 3038 of May 12, 1944, a photostatic copy of the telegram from the Swiss Legation at Tokyo, which accompanied the above-mentioned note of May 11, 1944, from the Swiss Foreign Office.

Examination of the attached document discloses that an “annex A” and an “annex B”,⁵³ mentioned on pages seventeen and twenty-four, respectively, accompanied the communication which the Japanese Foreign Office delivered to the Swiss Minister at Tokyo, but that these were not forwarded telegraphically by the latter to the Swiss Foreign Office. The Legation, in reply to an inquiry from the Swiss Foreign Office whether the transmission by telegraph of the annexes in question is desired, requested that the originals thereof be forwarded by pouch and that the contents thereof be transmitted by telegraph unless they are unduly long. The Swiss Foreign Office was requested, if the latter be the case, to have the Swiss Legation at Tokyo indicate the number of words contained in the annexes in order that it may be determined whether telegraphic transmission thereof should be undertaken.

Respectfully yours,

For the Minister:

George Tait

First Secretary

[Enclosure]

The Japanese Foreign Office to the Swiss Legation in Japan

[Tokyo, April 24, 1944.]

Reply on the Individual Cases Cited in the Protest of the American Government

As was stated in the Japanese Government’s reply dated on the 26 May 1943,⁵⁴ addressed to the Swiss Minister in Tokyo the individual cases cited in the protest of the U.S. Government as examples of the treatment accorded American civilians in detention, all relate, with one or two exceptions, to prisoners charged with criminal offenses, including those who after having been duly tried and convicted, are now actually serving their prison terms.

It is unnecessary to explain the impropriety of expecting the application of the stipulations of the Convention of 1929 relative to the treatment of prisoners of war to those criminally accused persons who under the laws of Japan are treated alike regardless of whether they are Japanese subjects or foreigners. Nevertheless, the Japanese authorities concerned have accorded to the American accused, nationals of an enemy country, a treatment as generous as permitted by law, by taking into consideration the mode of their daily life, and their respective social positions and ages, for which they have often expressed their gratitude, as is described hereunder.

That the American Government’s protest has been made by distorting and exaggerating the facts which are contradictory for instance, by complaining at one place of the placing of Americans in common jail and remonstrating, at another, against their solitary confinement.

In the following pages are given the description of the actual conditions as regards the individual cases, excepting those to which answers have already been given.

(A) Civilians

(a) Conditions in prisons and internment camps.

Primo. The Bridge House, Shanghai. All the cases in Shanghai cited by the American Government are concerned with the violators of military regulations. Such criminals in detention are subject of [to?] restrictions as provided for by law, which are applied to all without discrimination between Japanese subjects and foreigners. Needless to say, they are not to be considered as being on the same footing with those civilians interned under civil procedure.

The military police detention house in Shanghai is used for prisoners of all nationalities, Japanese nationals, nationals of enemy countries and those of third countries. As regards health, there is nothing to be considered unsatisfactory. Food is rational [rationed] alike to all, no distinction being made. However, in consideration of their mode of living, Europeans and Americans are permitted to eat such articles of food as they may [have] received from outside or they may choose to purchase at their own expense. As to wearing apparels they are allowed to use those of their own, beside those supplied by the institution, including blankets.

As is indicated above, the American inmates of the house, were accorded an unusually good treatment through the special considerations by the authorities. There existed no impropriety nor negligence in the manner or method of their detention. Nor did there occur any case of disease due to detention, such as mentioned in the American note.

Secundo. Army Prison, Peking. The six persons, Floyd F. Spielman, R. E. McCann, C. J. Eskeline, J. B. Sherwood, E. X. Mills and P. H. Benedict, mentioned in the American note, were arrested under the warrant issued on March 7, 1942 by the procurator of the military court of the Japanese Army in North China on account of their violation of military regulations. They were taken into the North China army prison in Peking on March 11 at 6:30 p.m. On the following day at 4:30 p.m. they were ordered to detention in accordance with the warrant issued on the same day by the military procurator.

The agreement for the exchange of diplomatic officials and residents between Japan and the United States⁵⁵ was concluded while their cases were being investigated. Accordingly, the proceedings were dropped, and by order of the military procurator they were released on June 8, 1942, at 8:00 a.m.

Section 1. Conditions of health during detention. Eskeline was ordered to rest for 23 days because of an internal malady and a sprain of the left leg, and Benedict for 3 days because of inflammation of the bladder, but both recovered, owing to a timely treatment. McCann was examined by an Army doctor, and was allowed to wear glasses. The remaining three men maintained good health throughout the period of their detention.

Section 2. Food. All those in detention—Japanese and foreigners—are alike given the soldiers’ rations. But in view of their mode of daily life and their ages, and as a special caution against any adverse effect a sudden change of diet might have upon their health, mental as well as physical, these men were served western meals with bread for breakfast and dinner, and the soldiers’ food only for lunch, during the first month. It was then discovered that they became gradually accustomed to, and began to prefer the soldiers’ food. In fact, one of the six men, Sherwood, indicated his preference for the soldiers’ food from the outset, while after the lapse of about two months all the men were asking for it.

The daily ration per capita consisted of for main food 600 grammes of cleaned rice, and 187 grammes of cleaned barley; or 900 grammes of wheat [bread];⁵⁶ and for subsidiary food 21 grammes of beef, or 42 grammes of fish, with 480 grammes of vegetables, having in all 3500 calories of nutritive value. All meals were served warm.

Section 3. Bathing. A hot bath was regularly provided for all twice a week, on Sundays and Wednesdays, while a shower bath was substituted on occasions during the summer months. Eskeline on account of his malady was ordered to refrain from bathing for 23 days from the day of his incarceration until April 2. To the rest of the men bathing was neither prohibited nor suspended at Amus at any time throughout the entire period.

Section 4. Physical exercise. The men were ordered to take outdoor exercises for half an hour to one hour, and to do free exercises indoors in bad weather. Save that for some 20 days Eskeline was ordered to stop exercising upon the doctor’s advice, the others were never prohibited for any reason from taking physical exercises for any extended period as is alleged in the American note.

Section 5. Detention cells. Each detention cell has a floor space 15.75 square meters, being 3.34 meters high. It is provided with one window and equipped with ventilation, electric lights, and toilet facilities. The walls being plastered, and the floor and ceiling covered with wooden boards, the cell is of permanent construction. All cells are always kept clear. While two to five persons are usually put in one cell, the Americans in question were allotted one cell for two persons, so that they might have more room. Moreover, their cells were selected from among the best situated and most quiet in the entire prison.

Section 6. Clothing and beddings. The six men were all too big and tall for the regular prison clothes. Accordingly, for the sake of their comfort, they were allowed to use their own clothes which they were wearing, or had brought with them, or those which were presented to them by friends.

As to beddings, the articles in general use were supplied. Although the rule prescribes one cotton quilt, one woollen blanket and one pillow for each person and two mats for three persons, the Americans were provided each with two quilts, two blankets, a pillow and a mat. And all these articles were regularly laundered and always kept clean. It may be added that because at the time they were brought to the prison, the weather was still cold, they were permitted to wear their overcoats they had with them.

Section 7. Gains and losses in weight. The six men were weighed when they were taken into the prison, and when they were released. Figures for their respective weights in grammes are as follows: Spiel-man 71900 grammes when taken in, 71800 when released, difference minus 100; McCann 83100, 83000, minus 100; Eskeline 7880[0], 78500, minus 300; Sherwood 83500, 82300, minus 1200; Mills 62800, 62850, plus 50; Benedict 70000, 70100, plus 100.

The American note alleges that these men lost an average of about 18 kilogrammes in weight, but their actual loss, as shown above, mounts to no more than to 258 grammes. It should be noted, moreover, that the men were incarcerated in March, while they were released in summer when all persons generally lose in weight, in view of which an average loss of 258 grammes is of no significance.

Section 8. Special considerations. The army prison had no one who could speak English fluently, and the Americans did not know the Japanese language. Accordingly, a Japanese, who had long resided in America, was employed on [in] April 1942 and was assigned exclusively to the duty as interpreter for the Americans. They all greatly appreciated the devoted service of this man and thanked the prison authorities for the special considerations in this regard. Especially at the time of their departure from Peking for Tientsin the said interpreter proved so helpful in every respect that the Americans were profuse in expressing their gratitude. The alleged maltreatment of these prisoners, mentioned in the American note is utterly groundless.

Tertio. Tsingtao. The seven persons mentioned in the American note, namely Frank G. Keefe, Cady Cooper, Frank B. Hailing, Charles Liebgold, Y. J. Meyer, N. H. Mills and H. J. Zimmerman—were all suspected of espionage and taken to the military police headquarters on December 8, 1941 and placed in detention in the assembly hall of the Tsingtao Municipal Police Bureau for the purpose of examination until the 27th of the same month, on which date Meyer and Mills were released while the others were transferred on the following day to the residence of the manager of the Ewo Company. Here the five men were held while on the basis of the preliminary investigations the authorities were proceeding with the examination of the evidence on hand. In the meantime with the operation of the exchange agreement they were set free. The conditions under which they lived during the period of their detention are as follows: The conditions of the detention quarters. The assembly hall of the Tsingtao Municipal Police Bureau in which the Americans were first detained, is a large room, about 250 square meters in size, which is used as a classroom and for holding ceremonial functions. Here two large stoves were installed, and the temperature of the hall was maintained at 15–20 degrees centigrade. The detainees were provided with improvised beds, while they were allowed to use, as they wished, their own clothing and beddings. As to food, they were allowed, according to their wish, to have it sent from their respective homes, and no restriction of any kind was imposed. Daily outdoor exercises for an hour were also permitted, and everything was done to look after their health.

The manager’s residence of the two [Ewo?] company to which the five men were transferred is one of the best houses to be found in the city of Tsingtao with complete equipments and facilities. They were allowed to use their own beds, beddings, clothes, and to have their meals sent from their homes, and to use freely the piano and the ping pong on the premises. Besides, they were permitted to meet friends and the members of their families in the presence of an official.

All in all, these Americans were accorded as generous a treatment as possible. All allegations made in the American note, such as that “they were confined in an unheated common jail for a period of three weeks” have no foundation on facts.

Quarto. Fort Santiago, Manila. Of the two men, Roy Bennett and Robert Abbott, who are mentioned in the American note as having been imprisoned in Fort Santiago, Manila, Eoy Bennett was placed in the internment camp at Santo Thomas on April 20, 1943 where he has been since and is well. As for Robert Abbott, although he had participated in the battle of Bataan and was later captured, he concealed the fact on being admitted in the Philippine National Hospital toward the end of May 1942; and by pretending to be an engineer so as to evade the treatment as a prisoner of war he entered the Santo Thomas internment camp following his discharge from hospital on November 23 of the same year and continued to remain there until January 12, 1943. On the discovery of his fraudulent act, he was sentenced to minor imprisonment for 3 months, and upon the expiration of the term he was put in the prisoners of war camp, where he has since been and is well. In the light of the facts the protest of the American Government is irrelevant, and its insistence upon Abbott’s release from prison is wide of mark.

Quinto. Camp Stanley, Hong Kong. All the nationals of the enemy countries interned at Fort Stanley are being well treated, for which they are grateful. There has never existed, nor exist[s], such a situation as is described in the American note. The internees are all doing well, being view [given?] special permission to use their own things and to purchase whatever articles of food they prefer.

Sexto. Santo Thomas, Manila. The Japanese Army entered the city of Manila of [on] January 2, 1942, and opened the internment camp at Santo Thomas on the 4th of the same month, and let the internees to take charge of management of the camp. The internees were notified in advance to bring with them their personal effects and daily necessaries, so as to render their life in the camp as comfortable as possible. In spite of this advance notice given, there were some who failed to bring mosquito nets, clothes and beddings. In the face of the disruption of communication immediately following the Japanese occupation of the city and the immense number of the internees to be dealt with, which reached 3000 at the end of January, the military authorities speedily granted them permission and facilities to send for their personal belongings. That the Japanese Army, while pursuing the retreating enemy on the one hand, went about earnestly on the other hand to take American civilians under protection and placed at their disposal the transportation facilities and men they could ill afford to spare, was source of general gratitude on the part of all Americans on the spot. It should be noted that the actual situation was totally different from what is alleged to have been in the American note.

The protest regarding food is also in contradiction with facts. At the beginning, in compliance with the wishes of the internees and with a view to avoiding a sudden change of diet and respecting personal preferences, each internee was allowed to obtain his meals at his own expense. But as time passed, it was feared this arrangement might prove unfair to those who did not have much money. Therefore beginning with the last day of February 1942, in accordance with the general desire of the internees, a ration system was adopted, the Philippine Red Cross Society, which was then in their process of organization, being authorised to pay the cost, while those who so wished, were permitted to purchase supplementary food at their own expense. This system proved satisfactory and convenient to the internees. The Red Cross, responsible only for the distribution of the daily rations at the camp as a whole, did not, of course, undertake to loan money to individuals separately. The purchase and preparation of the food was left entirely to the self governing body of the camp, and the army helped to obtain such commodities as were difficult to find on the market. Never on any occasion, the cost of the ration was limited to 25 centavos. The Philippine Red Cross which was formally established in April 1942 continued to distribute rations until June. Since then the Japanese military authorities have borne all the cost of the rations and all other expenditures for the maintenance of the camp, while the management of the camp is left as before in the hands of the selfgoverning body organized by the internees themselves. The food served at the camp has been ever since its opening quite satisfactory both in quality and quantity—so much so, in fact, that it is even criticized as being too good as compared with the food available to the people of the city in general. Within the camp, order is maintained and various activities are carried on by the abovementioned selfgoverning body in accordance with the code of regulations formulated by itself and through the respective officials appointed by itself. For this magnanimous treatment the internees are all grateful.

Septimo. Davao and other internment camps in the Philippines. The “first six weeks” mentioned in the American note refer to the period during which American residents in the city were housed for protection in the American Club without being required to do absolutely no [any?] work. Later some persons for the sake of their health requested to be allowed to do some light outdoor work, and they were assigned the work of removing objects which were lying on the streets and obstructing traffic. On the other hand, the Santa Anna area where the warehouses of Davao for provisions were situated had been set on fire and reduced to ashes by the fleeing American soldiers, and the provisions in the shop within the city had been carried away and secreted also by American soldiers, so that the people of the city were faced with an extreme scarcity of food. They had practically nothing to eat but corn and millet, and even these were difficult to obtain. That at such a time those Americans at the club were provided with meals containing with [sic] certain amounts of corn was due entirely to the generous efforts of the Japanese Army, who moreover supplied them with cleaned rice, fish, and canned foods out of their own none too ample stock. Indeed, those Americans were being fed far better than the average Japanese residents and [in] the Philippines at that time.

By April 1942 the situation at Davao had gradually improved, and supplementary articles of food such as vegetables began to appear on the market. Accordingly, in compliance with the wishes of the internees, they were permitted to purchase their food on their own account, while rice, sugar, salt, condiments, etc., that were not easily obtainable were distributed by the military authorities.

At first all Americans were interned for protection in view of the situation which rendered it impossible for them to secure food if they had lived by themselves, and the military authorities used their good offices in enabling them to procure the provisions, for which they were required to pay. But since September 1942, when the persons to be interned were decided upon, the cost of provisions for these internees has been borne by the military authorities, while the matters of purchase, cooking, etc., have been left to the self governing body organized by the internees themselves.

Americans at other camps in the Philippines have been given a treatment similar to that accorded the American internees at Davao as described above.

(b) Maltreatment and torture.

Primo. Torture and physical violence. Section 1. R. A. Reiner and Edwin W. Koons. Beginning with February 8, 1942, Edward Hughes Mills, an American, was being examined at the Ryuzan police station, Keijo, as a suspect for espionage. In the course of the said examination it was established from his statements and as the result of the search of his house that Reiner was involved in the crime. He was therefore taken to the Ryuzan police station and an examination of his case was commenced. It was found that Reiner beside being charged with the aforesaid crime, was also guilty of an infringement upon the Foreign Exchange Control Ordinance. During the examination, though he appeared to be in good health, he was segregated from other criminals and allowed to occupy a solitary cell in view of his rather advanced age. Moreover, it was asked several times to state his wishes, which were taken into consideration in order to afford him the best possible treatment. Whereas his crime was clearly established, the case was dropped with the coming into force of the exchange agreement, and he was set free on May 25, 1942. On the occasion of his release, Reiner while thanking the police authorities on behalf of the Americans who had been similarly held at the police station, stated to the effect that as he was being examined as an enemy national suspected of acts of benefitting the enemy, he had anticipated a most severe and rigorous examination, but he had been dealt by police authorities always in the kindest manner; that he deeply admired the Japanese spirit thus manifested.

In the American note of protest it is stated that Reiner was tortured six times between May 1 and May 6, add [and] that he was kicked by a gendarmerie employee named Syo in such a manner that his rib was broken, and that a vicious blow was struck over his broken rib by another gendarmerie employee named Kim. As a matter of fact, no gendarmes, to say nothing of their employees, were ever permitted to frequent the premises of the Ryuzan police station, while [at?] the station itself was no employee named either Syo or Kim. It must be concluded the story is a fabrication. Furthermore, the records of the medical examination made on Reiner at the time of his release established the fact that he was sound and healthy and nothing unusual was to be noted on his person. That a man, 59 years of age, who had his rib broken and received “half inch deep cuts” on his arms and legs should have so quickly and so completely recovered within several days as to retain no trace thereof, is unbelievable. It only proves the careless and groundless character of the American protest.

From the statement of Mills and as the result of the search of his house it was established that Koons was also an accomplice, and he was taken to the Ryuzan police station on May 11, 1942. He was examined and treated like Reiner. His case was also dropped, and he was released for repatriation. Here the note of the American Government is equally perfunctory and careless. Koons has left a record of his “impressions” [vide Annex A]⁵⁷ which proves further how unwarranted is the American protest.

Section 2. Beating at Ichang. The allegation that Elsie W. Riebe and Walter P. Morse in Ichang were beaten is entirely unfounded. It is plain to common sense whether or not any man can remain alive after having been “beaten for two hours with an iron rod, one-half inch thick”.

The above mentioned two persons were allowed to remain in their respective houses, the only restriction they were subjected to being that they were required to obtain permission for going out to town—excepting to the portion of the city between Malu and Kang Chianglu. The Japanese authorities prohibited Chinese connected with church to visit the residences of Riebe and Morse, but the two were afforded special facilities for obtaining food and daily necessaries. Neither of them, except on errands of their own regarding the matters of housekeeping, did ever visit the authorities. Nor did the latter ever take them out anywhere. The atrocities cited in the American note have no foundation on fact.

Section 3. Joseph F. MacSparran. Joseph F. MacSparran was arrested on December 8, 1941, as a suspected violator of the National Defense and Security Ordinance in accordance with the criminal procedure as provided for under the same ordinance. He was placed in the Yokohama penitentiary for examination. On February 21, 1942, he was indicted on charge of violation of the National Defense and Security Ordinance and the Foreign Exchange Control Ordinance. He was accused on April 21 with an additional offense of violating the police peace regulations. It was while the examination by a preliminary judge was in progress that with the conclusion of the exchange agreement the prosecution was cancelled and he was set free.

At the penitentiary MacSparran was accorded a specially favorable treatment, being placed in the best western-style cell, well lighted and well ventilated, and provided with desk and chair, a bed, a washroom with flush toilet. Immediately upon his incarceration he was given a medical examination, and thereafter was visited daily by a physician. On December 20, 1941, he said he had a stomach trouble and requested medical examination. It was found he was suffering from no particular malady, but he was given a medicine. He returned the medicine saying that it was ineffective. Since then special attention was paid to the state of his health. However, he ate, exercised, aeed [sic] bathed as usual, and appeared entirely normal in every respect. Never once did he request medical attention for “hemorrhages from duodenal ulcers”. Altogether 21 times during his incarceration he was questioned by the procurator and the preliminary judge, and on every occasion he seemed to be in high spirits and cheerfully answered the questions put to him. The procurator came to the penitentiary for the questioning, but whenever it was necessary to take him to the court for preliminary examination light handcuffs were used in conformance with the law of Japan. It was the proper measure to take in the handling of any criminally accused person. That while under-going questioning he was unable, on account of internal hemorrhages, even to stand up is an allegation without a vestige of truth.

Secundo. Solitary confinement. Section 1. H. W. Mayers. Suspected of violating the National Defense and Security Ordinance, H. W. Mayers was arrested on December 8, 1941, according to the criminal procedure as prescribed by the said ordinance. He was taken to the Kobe detention house where as the result of examination he was acquitted. On the other hand, it was established that he was guilty of violating the Army Criminal Code and the Foreign Exchange Control Ordinance. Accordingly, while released on March 5, 1942, as a suspected violator of the National Defense and Security Ordinance, he was indicted afresh on the same day before the Kobe district court on the charge of violations of the Army Criminal Code and the Foreign Exchange Control Ordinance, and remanded to the Kobe detention house under the warrant issued by the Judge of that court. On April 5 he was sentenced to imprisonment for 7 months counting the 20 days pending the trial. While he was serving his sentence, he was removed to the Osaka Prison on May 1st, and was granted a ticket of leave on June 7. During that period he was for a time, January 4–February 5, 1942, transferred to the temporary jail belonging to the Kikuaibashi police station of Kobe.

At the Kobe detention house, in consideration of his advanced age and with a view to avoiding any adverse effect that confinement in common jail might have upon his health and especially to enabling him to sleep well, the best and newly furnished cell in the institution was assigned to Mayers for his exclusive occupancy. During his detention pending the trial he was permitted to use the private beddings and clothes of his own choice. He was provided with a chair, which is not a part of the regular furniture for ordinary cells. As regards meals, he was permitted in compliance with his wishes to obtain them from outside. During his penal servitude after conviction he was furnished with the regular prison bed, clothing and meals, but at the same time he was given special permission to wear shoes, and special care was taken in the preparation of his meals. As for books, he was allowed to read those sent to him after they had been duly censored.

During his incarceration in the Osaka prison, he was shown similar considerations, and given a single cell for solitary confinement. He was permitted to receive the Bible, the Japanese National Reader, etc., from outside. His wife, Grace, visited him in the middle of May, under the prison regulations which permit the visit of a relative once a month. He was grateful especially as he was not put in common jail but given a single cell. It is strange that the American Government should make that very fact an object of protest.

Section 2. William MacKesy. William MacKesy was given special permission to remain in his own house until he was interned in the civilian camp in Kobe. He appreciated fully the good will of the authorities concerned, and by avoiding contact with outsiders as much as possible, he endeavoured not to give any cause for misunderstanding on the part of the authorities to whom he frequently expressed his sense of gratitude. He lived in a room he had rented in a building attached to his church. With the privilege of remaining in his own residence, he was free to regulate his daily life as he liked and enjoyed special comfort and conveniences.

Section 3. Alice C. Grube. Suspected of violation of the National Defense and Security Ordinance, Alice C. Grube was arrested on December 8, 1941, and taken to the temporary jail belonging to the Tamatsukuri police station in Osaka where she was first examined. On the 25th of the same month she was transferred to the Osaka detention house for further questionings by the procurator, as the result of which she was cleared of the suspicion, and set free on April 9, 1942.

The authorities of the Osaka detention house, in deference to her position and prestige, did not confine her in common jail. Instead, she was allowed to occupy exclusively a sunny and healthy cell in the women’s section of the institution. Under the house regulations the cells are not equipped with stoves, and the use of fire for any purpose is prohibited. Special permission was granted Grube to use a hotwater bottle, which she declined, saying it was unnecessary, as she had a good sunny room. Accordingly, she was allowed to wear an overcoat in her cell. The rule prohibiting a detainee to bring in any personal effects or other articles, was waived in her case, and she was allowed to bring with her a large number of articles including 23 books, a bed, 3 cotton quilts, 2 blankets, a complete wardrobe and toilet requisites. She was always given the first turn for bathing, and provided with such food as she desired, besides tea and coffee, cakes and fruits which she was allowed to purchase as she pleased. Generosity to the maximum degree was shown in her treatment.

Section 4. J. B. N. Talmadge. A search of the house of J. B. N. Talmadge, conducted according to criminal procedure, brought forth articles of evidence for violations of the Military Secrets Preservation Ordinance, the Wireless Telegraphy Ordinance and the regulations for the control of fire arms. Accordingly he was taken into custody in the detentions cell of the Koshu police station. As the result of investigations he was set for prosecution, which however was stayed as the consequence of the conclusion of the exchange agreement. He was released on April 8, 1942.

During his detention, in view of his age and position Talmadge was given a single cell for solitary confinement. He was permitted to have clothing, bedding and books sent from outside, and to take indoor exercises for health. Grateful for the kind treatment accorded, he dispatched at the time of his departure a letter of thanks to the Provincial Governor of Zenra Nando [vide Annex B].⁵⁸

Section 5. Edward Adams. As a suspect for violation of the National Defense and Security Ordinance Edward Adams was arrested on December 8, 1941, and taken to the Taikyu police station where he was detained and examined. He was released on the 20th of the same month. The police authorities with due respect to his person did not lock him up in common jail, but confined him in a single cell. He was allowed to bring in his own beddings, and accorded special facilities regarding meals, physical exercise, and other matters. On his departure Adams left behind him a note thanking for the special favours shown to him.

Tertio. Deaths due to mistreatment and neglect. The American Government protests against the deaths of several Americans, by ascribing them to mistreatment and neglect on the part of the Japanese authorities. For instance, it is alleged in the American note that Leo Peloquin was refused to enter a hospital in Heijo and forced to return to Kansai. As a matter of fact, it was in compliance with Peloquin’s express wish that he be sent back from Chosen. Again, it is alleged that Charles Liebgold imprisoned in an unheated jail at Tsingtao, contracted a cold, which developed into pneumonia. As is told elsewhere under the head of Tsingtao, Liebgold together with other American suspects were detained for a period, December 8–27, 1941, in the assembly hall of the Tsingtao Municipal Police Bureau. The said assembly hall, equipped with two large size stoves, was always kept warm with a temperature of 15–20 degrees centigrade. There he and his fellow detainees were accorded a specially good treatment. In view of such facts, the American protest is utterly unwarrantable.

Investigations into other instances, have disclosed that the various allegations in the American note are equally unfounded. It appears that the protest of the United States Government is motivated by a desire to attribute to the responsibility of Japanese authorities the deaths of American nationals regardless of their actual causes. Such a protest which, ignoring the generous treatment of Americans by Japanese authorities, dwells upon baseless allegations, cannot be tolerated by the Japanese Government.

Quarto. Violation of the exchange agreement. Section 1. Transportation. As regards the transportation fee of the American citizens evacuating from Tsingtao and Chefoo, requested by the Consul General of Switzerland in Shanghai the Japanese Government are prepared to pay such fee at any time, provided, however, that the Government of the United States shall agree to bear the expenses incurred by the Japanese Consular members in Brazil in their assembling to the City of Rio de Janeiro, which was already requested by the Japanese Government in their communication dated under March 4, 1943,⁵⁹ and which will be communicated in detail.

The train fare between Nagasaki and Yokohama [17 yen 90]⁶⁰ has been paid to each one of the three nonofficial Americans, Francis Henry Carls, Alfred William Harding and William Frederick Campbell, on board the exchange vessel, Asama Maru. Later it was found that Campbell was already provided with a train ticket at the time of his departure from Nagasaki.

Besides these aforementioned items, it is desired to be informed whether there is any other item still left unpaid. The Japanese Government desire to be notified as to the names of all those persons who have paid their own expenses, as well as to their items and amount thereof in detail, in addition to those already demanded by the Government of the United States under the date of March 25 [22], 1943.

Section 2. Baggage limitation and search. The baggage of American Government officials was permitted to be shipped without limitation and without inspection. As regards nonofficial Americans, facilities were afforded those in Japan proper, such as special permission to return to their houses in order to attend to their baggage and baggage inspection by custom officers at their own residences. Moreover, they were allowed to take out their baggage without restriction on the amounts as long as it did not contain objectionable articles. Japanese authorities in Chosen, Manchukuo, Hong Kong and Thailand were instructed to handle the matter of baggage in a similar manner. Consequently, Americans were allowed to take not only what they could carry themselves but other pieces of their baggage.

In contrast to this treatment, American authorities, as stated in the protest lodged with the American Government by the Japanese Government in its communication of October 27, 1942,⁶¹ addressed to the Swiss Minister in Tokyo, searched the persons of nonofficial Japanese evacuees in a most outrageous manner, by stripping stark naked practically all persons subjecting them to intolerable indignities and inhuman treatment. The baggage inspection was extremely harsh and rigorous, and the evacuees had part of their belongings confiscated, so that not a few were obliged to board the ship, leaving everything behind them, save one or two suitcases. To the above-mentioned protest of the Japanese government, the American Government in its intermediate reply dated December 24 [12], 1942,⁶² promised that it would make a report on the completion of investigations. No report has yet been received, and the Japanese Government requests that the said report be transmitted without further delays.

As regards porters, it is true that a certain number of them were assigned to duties at such place, but in order to avoid disorder and confusion the evacuees were prohibited to employ them on their own account. A similar situation was observed also in the United States.

Regarding the baggage of nonofficials the U. S. Government protests against the reinspection of their baggage at the port of embarcation after it had been inspected at the place of departure. But in the United States, the baggage of nonofficial Japanese nationals was inspected at the place of departure and subjected without exception to a second and most rigid inspection at the port of embarcation.

Japanese customs authorities were instructed not to inspect the baggage of American officials. A case is cited by the American note in which, the effects of American officials in Chosen were said to have been searched, but investigations made into the case, failed to produce nothing [sic] to substantiate that allegation.

On the contrary, when Japanese Vice Consul, Mr. Masaru Sano, stationed in Houston, Texas, and his wife were leaving that city on January 10, 1942, the American officials in charge at the time had taken away five cases of Mr. Sano’s personal belongings on the ground that those cases were wooden boxes. Upon arrival at the Homestead Hotel in Virginia, Mr. and Mrs. Sano finally succeeded in obtaining those boxes after negotiations made through the Spanish Embassy in Washington, D. C, and they were requested to pay the amount of 50 dollars for the transportation. The boxes arrived but every one of them was opened and inspected, and moreover, several articles contained in the boxes were missing.

This action on the part of the American officials clearly constitutes a violation of the agreement, and accordingly, the Japanese Government renew the protest against the Government of the United States.

(B) Prisoners of War.

The American Government states that it has received reports of inhuman treatment accorded American prisoners of war by the Japanese authorities, which is inconsistent with the provisions and spirit of the Geneva Convention, and proceeds to cite instances alleged to have occurred in the Philippines and the punishment of Americans for an attempted escape at Shanghai.

Section 1. The Philippines. The American Government is reminded of the situation in the Philippines during those days immediately following the Japanese occupation of the Bataan Peninsula. Order had not yet been restored; traffic facilities had been destroyed; the American soldiers prior to their retreat and surrender had burned food and medical supplies in accordance with their “scorched earth” tactics; the Japanese Armies themselves were finding it difficult to replenish their stock of provisions and medical supplies; and furthermore, the number of American prisoners of war were far greater than anticipated. It was inevitable that under these circumstances the American war prisoners should have suffered temporarily from scarcity of food and inadequate medical attention. Nevertheless, the Japanese military authorities, in the face of insuperable difficulties, did their best to feed the Americans and to care for the sick and wounded. The Americans captured in Bataan were obliged to go on foot when they were being taken to camp O’Donnell, because owing to the destruction of the means of conveyances it was impossible to send them in automobiles.

However, as regards the alleged instances of mistreatment of the prisoners on their way to and after their arrival at the camp, cited in the American note, are groundless according to the investigations, that have been made under the difficult circumstances.

Section 2. Shanghai. Relating to the punishment of W. S. Cunningham and D. Smith, the views of the Japanese Government are clearly set forth in its communication of March 3, 1943,⁶³ to the Swiss Legation in Tokyo, and they need not be repeated here. It should be added that the report of alleged mistreatment of American Marines, also cited in the American note, is unfounded.

Gorgé

50. Not printed.
51. Foreign Relations, 1942, vol. i, p. 832.
52. ibid., 1943, vol. iii, p. 990.
53. Copies of these annexes were transmitted to the Department in despatch 8940, August 7, 1944, from Bern. They consisted of a statement of May 27, 1942, by E. W. Koons and a letter of May 30, 1942, by Eliza E. Talmage to the Governor of South Zenra Province, Chosen. Both messages alluded to the “many kindnesses” shown to these missionaries by the Japanese authorities in Korea. (711.94114A/8–744)
54. See telegram 3389, June 4, 1943, from Bern, Foreign Relations, 1943, vol. iii, p. 990.
55. For correspondence on this subject, see Foreign Relations, 1942, vol. i, pp. 377 ff.
56. Brackets appear in the original.
57. Brackets appear in the original. Regarding Annex A, see footnote 53, p. 967.
58. Brackets appear in the original. Concerning Annex B, see footnote 53, p. 967.
59. Quoted in memorandum No. 59, Ex. 119.01, March 13, 1943, from the Spanish Embassy; not printed. In his reply of March 22, 1943, the Secretary of State stated that “the United States Government, which had previously no knowledge of the expenses in question, expects to receive a detailed and documented statement thereof in order that it might be in position to give consideration to the request of the Japanese Government that these expenses be paid by the United States Government.” The reply also outlined several instances in which the Japanese authorities had not fulfilled their obligations in paying the corresponding expenses of a number of American consular officials repatriated from the Far East and expressed the “expectation that the Japanese Government will refund these expenses upon demand,” (701.9432/65)
60. Brackets appear in the original.
61. See memorandum 473 from the Spanish Embassy, Foreign Relations, 1943, vol. iii, p. 1050.
62. Ibid., p. 1055.
63. See telegram 2079, April 3, 1943, from Bern, Foreign Relations, 1943, vol. iii, p. 976.