740.00119 FEAC/1–1349

The Assistant Secretary of State for Occupied Areas (Saltzman) to the United States Representative on the Far Eastern Commission (McCoy)

Dear General McCoy: With your letter of January 13, 1949 to the Secretary of State,1 you forwarded a request by the Far Eastern Commission for consultation with the Supreme Commander for the Allied Powers relative to the review of the Japanese Constitution. This request was transmitted to the Supreme Commander who has now replied. I enclose copies of his reply for the information of the Commission.

Sincerely yours,

Charles E. Saltzman
[Enclosure—Copy]

General of the Army Douglas MacArthur to the Department of the Army

confidential

Pass to JCOS. C–67291. Reference W–83044—for transmittal to Far Eastern Commission.

I appreciate most sincerely your thoughtful courtesy in referring for my comment the review of the Japanese Constitution. With you, I have long realized that the emergence of a constitution which not only satisfied the requirements of the Potsdam terms but the well-being of a peaceful Japanese society as well, was the keystone to the arch of Japan’s successful reorientation in accordance with Allied policy objectives. Upon receipt of FEC 031/41, I formally communicated the same to the Japanese Government and since then numerous conferences have been held between this Headquarters and Japanese Executive and Legislative officials on the procedure to be followed in such a review. We urged that a joint committee of the Diet be appointed to [Page 627] study the matter. Despite this, however, the Japanese have shown a strong disinclination seriously to consider modifications at this time, holding firmly to the view that a much longer period should elapse before subjecting the document to the test of mandatory Japanese review.

In general, the provisions of the constitution have worked well. Copies have been distributed in every Japanese home and much has been done by the Japanese themselves to educate the people as to its content and meaning and the document is increasingly becoming a source, of native pride. Japanese officials of all three branches of government are more and more turning to the constitution for guidance. Many healthy debates have been held both in the legislative chambers and in the public press over the proper interpretation of various of its provisions and recognition of the Supreme Court as the final judge of such interpretation is becoming firmly established, as the constitutionality of laws is challenged before that tribunal. It is now universally accepted as an indigenous product with little or no thought or expression given to Allied assistance in its composition. There is, indeed no slightest question but that the Japanese people with practical unanimity would vote to preserve the document unaltered were the matter referred for popular action. Nor is there, in my opinion, any question but that the constitution conforms meticulously with the spirit and intent of the Potsdam Declaration and other policy considerations controlling upon the occupation.

While there is no doubt but that improvement toward a greater degree of perfection is possible in various of its provisions, it is my belief that any Allied intervention to such end would only result in altering the accepted character of the instrument, now off to such a favorable start, to a disadvantageous degree. This conforms to the view which has informally been given me by the heads of every Allied Mission in Tokyo who have discussed the matter with me at all.

If my recommendation were desired, it would be that no action should be taken by the Allied Powers at this time to force upon the Japanese people a review of their constitution with the view to its modification. Nothing could be lost thereby as under its provisions the document is subject to revision by the Japanese at any time. They have fully accepted it, appear devoted to its high principles, and are working well within its framework.

With renewed thanks to the members of the Commission for their thoughtful reference and cordial expressions of my high regard.

[MacArthur]
  1. Not printed.