894.011/12–348
Memorandum by the Assistant Secretary of State for Occupied Areas (Saltzman) to the United States Representative on the Far Eastern Commission (McCoy)
With reference to the question of the review of the Japanese Constitution by the Far Eastern Commission, the United States member is authorized to adopt a firm position (a) that the Far Eastern Commission should as inconspicuously as possible and with a minimum of debate review promptly the Constitution and (b) that the Far Eastern Commission should determine that that Constitution meets all requirements within the purview of the Far Eastern Commission without any further investigation or action (such as requiring a referendum or any other procedure to determine Japanese public opinion) on the part of the Far Eastern Commission.
He is authorized to support this position by pointing out inter alia that:
- 1)
- The United States Government welcomes this review of the Japanese Constitution by the Far Eastern Commission under the terms of FEC–031/40 in order that the Far Eastern Commission may satisfy itself that the Constitution fulfills the terms of the Potsdam Declaration and other controlling documents. His Government feels this review can and should be accomplished promptly and without attracting undue public attention.
- 2)
- The United States wishes to point out that the establishment of a peacefully inclined and responsible government in. Japan as envisaged by the Potsdam Declaration has required changes in Japanese habits of thought, action and organization and that it is now important to give the Japanese people opportunity freely to assimilate the changes. Amendment by a foreign authority to the fundamental bases of any new government could only produce uncertainty and retard any process of assimilation. The Japanese should be encouraged to regard the Constitution as their own and any detraction from that feeling should be scrupulously avoided. At this time, the requiring of amendments to the Constitution by the Far Eastern Commission or the suggestion of changes, or any unnecessary step by a foreign authority derogatory to the freely expressed will of the Japanese people [Page 914] would in the eyes of the Japanese detract seriously from the basic validity of their Constitution.
- 3)
- The United States Government has carefully examined the Constitution on its own part and considers it to fulfill the terms of the Potsdam Declaration and other controlling documents.
- 4)
- The United States Government considers it is the responsibility of the Japanese people to amend the Constitution if and when amendment is desirable or necessary.
- 5)
- The United States accordingly feels that it is undesirable that the Far Eastern Commission should at this time propose amendments to the Japanese Constitution, require a referendum for ascertaining Japanese opinion with respect to the Constitution or take any other similar action. The United States feels that the Far Eastern Commission should promptly determine that the Japanese Constitution meets all requirements within the purview of the Far Eastern Commission.
- 6)
- The United States Government will be glad to hear the opinions of the other members on the subject.