711.94114 Supplies/8–1745
The Japanese Government to the United States Government 71
Upon studying the replies of the United States Government dated the 18th May and the 5th July to the protest dated the 26th April and the demand dated the 16th May of the Japanese Government concerning the sinking of the Awa Maru, the Japanese Government hereby communicate to the United States Government their views regarding the same as follows:
1) The United States Government affirm that as the result of the official investigation into the incident which has now been concluded it has been established that as the Awa Maru was complying substantially with the conditions of the safe-conduct agreement the burden of establishing identity was on the commander of the American submarine, and in view of his failure to do so the United States Government acknowledge their responsibility for the attacking and sinking of the vessel. The United States Government also state that they have already [Page 465] officially expressed their deep regret that this incident has occurred and there was such a heavy loss of lives in connection therewith.
2) In view of the seriousness of the incident the Japanese Government expect a severe punishment of the persons responsible. The United States Government’s reply, however, only states that a disciplinary action is being taken with respect to the commander of the American submarine who is directly responsible for the occurrence of the incident.
The Japanese Government, in pursuance of their demand made in their note of the 16th May, request to be informed of the name and rank of the commander of the submarine, the mode of his punishment and its execution. The Japanese Government expect that all those persons who were responsible for the incident such as those who were in a position to give orders to and supervise him have also been punished, and request to be informed thereof. It is said that the commanding officer of the submarine did not see the Awa Maru prior to or after she had been torpedoed. If so, it appears as though the order relating to the strict observance of safe-conduct issued either by the United States Government or the superior officer to the commander of the submarine has not been definitely given. The Japanese Government also expect that the United States Government will thoroughly investigate as to the validity of this point.
3) As regards the question of the indemnities for the loss of the lives of the passengers and the loss of the vessel and the goods which were on the vessel, the United States Government propose on the ground of the complex nature of the question that the matter of indemnity be deferred until the termination of hostilities. But the Japanese Government consider that the question of indemnities in respect of this incident is quite clear and simple and there exists nothing so complicate[d]. As has been pointed out to the United States Government, it was the humanitarian consideration on the part of the Japanese Government who are constantly anxious to accord humane treatment to prisoners of war and civilian internees that has prompted them to carry out the transport of the relief supplies by the Awa Maru, in compliance with the repeated desire of the United States Government and in spite of various considerable difficulties. The Awa Maru which made voyages in such special circumstances was attacked and sunk in disregard of the safe-conduct undertaking thrice entered into by the United States Government. It is a unique case and the issue is absolutely simple and clear. The Japanese Government hold that now that the United States Government have acknowledged their responsibility for the incident an immediate payment of indemnities without waiting for the cessation of hostilities is not only the United States Government’s obligation to the Japanese Government but also their duty to those who have directly or indirectly suffered from the incident. [Page 466] The Japanese Government, therefore, trusting that the United States Government will, without waiting for the conclusion of the war, immediately furnish indemnities in accordance with the Japanese Government’s demand made in their note of the 16th separately present to the United States Government a statement of claims.72 The calculation of those claims have been made on a fair and simple basis in order to facilitate the settlement and it is hoped that the United States Government will frankly admit their responsibilities.
4) Gathering from the Radio News Broadcast from America and England at the time of the United States Government’s announcement of the incident, the Japanese Government had been under the impression that several persons had survived the incident, but were deeply disappointed to be informed that there was only one survivor. The United States Government state in their note that the heavy death toll resulted in part from the refusal of survivors to accept the life lines thrown to them from the submarine which remained on the scene making every effort to rescue the survivors. But, in view of the statement in the United States Government’s reply to the effect that the commander of the American submarine failed to establish the identity of the Awa Maru either before or after attacking her, it can hardly be maintained that the submarine made efforts to rescue other persons than Mr. Kantaro Shimoda. The Japanese Government request the United States Government to make a reinvestigation in this respect and inform the Japanese Government of its result. The repatriation of the only survivor, Mr. Kantaro Shimoda, is in no way related to the exchange of prisoners of war or civilian internees. These two propositions being of an entirely different nature, the Japanese Government request the United States Government promptly to repatriate Mr. Shimoda. Furthermore, the Japanese Government have received and are studying the United States propositions as regards the transfer of a vessel, not as indemnification, but as a replacement for the Awa Maru to be used for the purposes as specified in the recent American note. However, it is the intention of the Japanese Government to consider the proposition as a separate matter upon the United States’ acceptance of the demands above presented to them by the Japanese Government.