TEXT OF JAPANESE GOVERNMENT'S REPLY TO UNITED STATES NOTE OF NOVEMBER 26, 1941

ANNEX E

(TEXT OF JAPANESE GOVERNMENTS REPLY TO UNITED STATES NOTE OF NOVEMBER  26, 1941, AS INTERCEPTED AND DECODED IN WASHINGTON PRIOR TO DELIVERY TO  SECRETARY HULL BY THE JAPANESE AMBASSADORS)

(Part 1 of 14)

MEMORANDUM

1. The Government of Japan, prompted by a genuine desire to come to an  amicable understanding with the Government of the United States in order  that the two countries by their joint efforts may secure the peace of  the Pacific area and thereby contribute toward the realization of world  peace, has continued negotiations with the utmost sincerity since April  last with the Government of the United States regarding the adjustment  and advancement of Japanese-American relations and the stabilization of  the Pacific area.

The Japanese Government has the honor to state frankly its views,  concerning the claims the American Government has persistently  maintained as well as the measures the United States and Great Britain  have taken toward Japan during these eight months. 

2. It is the immutable policy of the Japanese Government to insure the  stability of East Asia and to promote world peace, and thereby to enable  all nations to find each its proper place in the world.

Ever since the China Affair broke out owing to the failure on the part  of China to comprehend Japan's true intentions, the Japanese Government  has striven for the restoration of peace and it has consistently exerted  its best efforts to prevent the extension of war-like disturbances. It  was also to that end that in September last year Japan concluded the Tri  Partite Pact with Germany and Italy.

(Part 2 of 14)

However, both the United States and Great Britain have resorted to every  possible measure to assist the Chungking regime so as to obstruct the  establishment of a general peace between Japan and China, interfering  with Japan's constructive endeavours toward the stabilization of East  Asia, exerting pressure on The Netherlands East Indies, or menacing  French Indo-China, they have attempted to frustrate Japan's aspiration  to realize the ideal of common prosperity in cooperation with these  regions. Furthermore, when Japan in accordance with its protocol with  France took measures of joint defense of French Indo-China, both  American and British governments, willfully misinterpreted it as a  threat to their own possession and inducing the Netherlands government  to follow suit, they enforced the assets freezing order, thus severing  economic relations with Japan. While manifesting thus an obviously  hostile attitude, these countries

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have strengthened their military preparations perfecting an encirclement  of Japan, and have brought about a situation which endangers the very  existence of the empire. 

(Part 3 of 14)

Nevertheless, facilitate a speedy settlement, the Premier of Japan  proposed, in August last, to meet the President of the United States for  a discussion of important problems between the two countries covering  the entire Pacific area. However, while accepting in principle the  Japanese proposal, insisted that the meeting should take place after an  agreement of view had been reached on fundamental  (75 letters garbled)  The Japanese government submitted a proposal based on the formula  proposed by the American government, taking fully into consideration  past American claims and also incorporating Japanese views. Repeated  discussions proved of no avail in producing readily an agreement of  view. The present cabinet, therefore, submitted a revised proposal,  moderating still further the Japanese claims regarding the principal  points of difficulty in the negotiation and endeavoured strenuously to  reach a settlement. But the American government, adhering steadfastly to  its original proposal failed to display in the slightest degree a spirit  of conciliation. The negotiation made no progress. 

(Part 4 of 14)

Thereupon, the Japanese Government, with a view to doing its utmost for  averting a crisis in Japanese-American relations, submitted on November  20th still another proposal in order to arrive at an equitable solution  of the more essential and urgent questions which, simplifying its  previous proposal, stipulated the following points:

(1) The Governments of Japan and the United States undertake not to  dispatch armed forces into any of the regions, excepting French Indo- China, in the Southeastern Asia and the Southern Pacific area.

(2) Both Governments shall cooperate with a view to securing the  acquisition in the Netherlands East Indies of those goods and  commodities of which the two countries are in need.

(3) Both Governments mutually undertake to restore commercial relations  to those prevailing prior to the freezing of assets.

The Government of the United States shall supply Japan the required  quantity of oil. 

(4) The Government of the United States undertakes not to resort to  measures and actions prejudicial to the endeavours for the restoration  of general peace between Japan and China.

(5) The Japanese Government undertakes to withdraw troops now stationed  in French Indo-China upon either the restoration of peace between Japan  and China or the establishment of an equitable peace in the Pacific  area; and it is prepared to remove the Japanese troops in the southern  part of French Indo-China to the northern part upon the conclusion of  the present agreement.

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(Part 5 of 14)

As regards China, the Japanese Government, while expressing its  readiness to accept the offer of the President of the United States to  act as "Introducer" of peace between Japan and China as was previously  suggested, asked for an undertaking on the part of the United States to  do nothing prejudicial to the restoration of Sino-Japanese peace when  the two parties have commenced direct negotiations.

The American government not only rejected the above-mentioned new  proposal, but made known its intention to continue its aid to Chiang  Kai-shek; and in spite of its suggestion mentioned above, withdrew the  offer of the President to act as the so called "Introducer" of peace  between Japan and China, pleading that time was not yet ripe for it.  Finally, on November 26th, in an attitude to impose upon the Japanese  government those principles it has persistently maintained, the American  government made a proposal totally ignoring Japanese claims, which is a  source of profound regret to the Japanese Government.

(Part 6 of 14)

4. From the beginning of the present negotiation the Japanese Government  has always maintained an attitude of fairness and moderation, and did  its best to reach a settlement, for which it made all possible  concessions often in spite of great difficulties.

As for the China question which constituted an important subject of the  negotiation, the Japanese Government showed a most conciliatory  attitude.

As for the principle of Non-Discrimination in International Commerce,  advocated by the American Government, the Japanese Government expressed  its desire to see the said principle applied throughout the world, and  declared that along with the actual Practice of this principle in the  world, the Japanese Government would endeavor to apply the same in the  Pacific area, including China, and made it clear that Japan had no  intention of excluding from China economic activities of third powers  pursued on an equitable basis.

Furthermore, as regards the question of withdrawing troops from French  Indo-China, the Japanese government even volunteered, as mentioned  above, to carry out an immediate evacuation of troops from Southern  French Indo-China as a measure of easing the situation.

(Part 7 of 14)

It is presumed that the spirit of conciliation exhibited to the utmost  degree by the Japanese Government in all these matters is fully  appreciated by the American government. 

On the other hand, the American government, always holding fast to  theories in disregard of realities, and refusing to yield an inch on its  impractical principles, caused undue delays in the negotiation. It is  difficult to understand this attitude of the American government and the  Japanese government desires to call the attention of the American  government especially to the following points:

1. The American government advocates in the name of world peace those  principles favorable to it and urges upon the Japanese government the  acceptance thereof. The peace of the world may be brought

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about only by discovering a mutually acceptable formula through  recognition of the reality of the situation and mutual appreciation of  one another's position. An attitude such as ignores realities and  imposes one's selfish views upon others will scarcely serve the purpose  of facilitating the consummation of negotiations.

(Part 8 of 14)

Of the various principles put forward by the American government as a  basis of the Japanese- american agreement, there are some which the  Japanese government is ready to accept in principle, but in view of the  world's actual conditions, it seems only a Utopian ideal, on the part of  the American government, to attempt to force their immediate adoption. 

Again, the proposal to conclude a multilateral non-aggression pact  between Japan, the United States, Great Britain, China, the Soviet  Union, The Netherlands, and Thailand, which is patterned after the old  concept of collective security, is far removed from the realities of  East Asia.

The American proposal contains a stipulation which states: "Both governments will agree that no agreement, which either has concluded  with any third powers, shall be interpreted by it in such a way as to  conflict with the fundamental purpose of this agreement, the  establishment and preservation of peace throughout the Pacific area." It  is presumed that the above provision has been proposed with a view to  restrain Japan from fulfilling its obligations under the Tripartite Pact  when the United States participates in the war in Europe, and, as such,  it cannot be accepted by the Japanese Government.

(Part 9 of 14)

The American Government, obsessed with its own views and opinions, may  be said to be scheming for the extension of the war. While it seeks, on  the one hand, to secure its rear by stabilizing the Pacific area, it is  engaged. On the other hand, in aiding Great Britain and preparing to  attack, in the name of self-defense, Germany and Italy, two powers that are striving to establish a new order in Europe. Such a policy is  totally at variance with the many principles upon which the American  Government proposes to found the stability of the Pacific area through  peaceful means.

3. Where as the American Government, under the principles it rigidly  upholds, objects to settling international issues through military  pressure, it is exercising in conjunction with Great Britain and other  nations pressure by economic power. Recourse to such pressure as a means  of dealing with international relations should be condemned as it is at  times more inhuman than military pressure.

(Part 10 of 14)

4. It is impossible not to reach the conclusion that the American  Government desires to maintain and strengthen, in collusion with Great  Britain and other powers, its dominant position it has hitherto occupied  not only in China but in other areas of East Asia. It is a 

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fact of history that one countr (45 letters garbled or missing)  been compelled to observe the status quo under the Anglo-American policy of  imperialistic exploitation and to sacrifice the  es to the prosperity of  the two nations. The Japanese Government cannot tolerate the  perpetuation of such a situation since it directly runs counter to  Japan's fundamental policy to enable all nations to enjoy each its  proper place in the world.

(Part 11 of 14)

The stipulation proposed by the American Government relative to French  Indo-China is a good exemplification of the above-mentioned American  policy. That the six countries, Japan, the United States, Great Britain,  The Netherlands, China and Thailand,-excepting France, should undertake  among themselves to respect the territorial integrity and sovereignty of  French Indo-China and equality of treatment in trade and commerce would  be tantamount to placing that territory under the joint guarantee of the  governments of those six countries. Apart from the fact that such a  proposal totally ignores the position of France, it is unacceptable to  the Japanese government in that such an arrangement cannot but be  considered as an extension to French Indo-China of a system similar to  the n (50 letters missed) sible for the present predicament of East  Asia. 

(Part 12 of 14)

5. All the items demanded of Japan by the American government regarding  China such as wholesale evacuation of troops or unconditional  application of the principle of Non-Discrimination in International  Commerce ignore the actual conditions of China, and are calculated to  destroy Japan's position as the stabilizing factor of East Asia. The  attitude of the American government in demanding Japan not to support  militarily, politically or economically any regime other than the regime  at Chunking, disregarding thereby the existence of the Nanking  government, shatters the very basis of the present negotiation. This  demand of the American government falling, as it does, in line with its  above-mentioned refusal to cease from aiding the Chunking regime,  demonstrates clearly the intention of the American government to  obstruct the restoration of normal relations between Japan and China and  the return of peace to East Asia.

(Part 13 of 14)

5. In brief, the American proposal contains certain acceptable items  such as those concerning commerce, including the conclusion of a trade  agreement, mutual removal of the freezing restrictions, and  stabilization of the Yen and Dollar exchange, or the abolition of  extraterritorial rights in China. On the other hand, however, the  proposal in question ignores Japan's sacrifices in the four years of the  China Affair, menaces the empire's existence itself and disparages its  honour and prestige. Therefore, viewed in its entirety, the Japanese  government regrets that it cannot accept the proposal as a basis of  negotiation.

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6. The Japanese government, in its desire for an early conclusion of the  negotiation, proposed that simultaneously with the conclusion of the  Japanese-American negotiation, agreements be signed, with Great Britain  and other interested countries. The proposal was accepted by the  American government. However, since the American government has made the  proposal of November 26th as a result of frequent consultations with  Great Britain, Australia, The Netherlands and Chunking, ANDND*  presumably by catering to the wishes of the Chungking regime on the  questions of CHTUAL YLOKMMTT** be concluded that. All these countries  are at one with the United States in ignoring Japan's position.

(Part 14 of 14)

7. Obviously it is the intention of the American Government to conspire  with Great Britain and other countries to obstruct Japan's efforts  toward the establishment of peace through the creation  of a New Order in East Asia, and especially to preserve Anglo-American rights and  interests by keeping Japan and China at war. This intention has been  revealed clearly during the course of the present negotiations. Thus,  the earnest hope of the Japanese Government to adjust Japanese- American  relations and to preserve and promote the peace of the Pacific through  cooperation with the American Government has finally been lost.

The Japanese Government regrets to have to notify hereby the American  Government that in view of the attitude of the American Government it  cannot but consider that it is impossible to reach an agreement through  further negotiations.

(Ex. 1, pp. 239-245)