Office of the Historian

740.00119 Control (Japan)/10–445: Telegram

The Secretary of State to the Acting Political Adviser in Japan (Atcheson)
Washington, October 16, 1945—8 p.m.

38. Urtel 18, October 4. Attitude of Departmental officers who have been giving consideration to this matter may be summarized as follows:

There should be assurance that the Japanese constitution is amended to provide for government responsible to an electorate based upon wide representative suffrage. Provision should be made that executive branch of government derive its authority from and be responsible to the electorate or to a fully representative legislative body. If Emperor institution is not retained constitutional safeguards against that institution will obviously not be required but provision should be made for

(1)
Complete control by an elected congress of financial and budgetary matters,
(2)
Guarantee of fundamental civil rights to all persons within Japanese jurisdiction, not to Japanese only, and
(3)
Action be [by] head of state only pursuant to authority expressly delegated to him.

If Emperor is retained, following safeguards in addition to those enumerated above would be necessary:

(1)
A cabinet to advise and assist the Emperor should be chosen with advice and consent of and responsible to representative legislative body,
(2)
No veto over legislative measures should be exercised by other bodies such as House of Peers or Privy Council,
(3)
Emperor should be required to initiate amendments to constitution recommended by cabinet and approved by legislative body,
(4)
Legislative body should be permitted to meet at will, and
(5)
Any ministers for armed forces which may be permitted in future should be civilians and all special privileges of direct access to throne by military should be eliminated.

We concur in general in the views summarized in your CA–53137, October 11 (telegram No. 31, October 10, 1945), and desire that you continue your discussions and keep the Department informed.

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It is hoped that a full report of the Government’s views can be sent to you in the near future.

Byrnes