59. Telegram From the Embassy in Japan to the Department of State0
2374. CINCPAC exclusive for Adm Felt and POLAD. COMUS/Japan exclusive for Gen Burns and CINCPAC Reps. In accordance with instructions in Deptels 1673 and 1674,1 I met with Fujiyama early this afternoon and put strongly to him the points regarding treaty and consultation formula, explaining in detail why particular changes are important and why certain language proposed by Japanese, notably new Article VIII, cannot be accepted by us.
[1 paragraph (5 lines of source text) not declassified]
Fujiyama asked me to convey his deep appreciation for speedy handling of Japanese proposals by COMUS, CINCPAC and Departments of State and Defense. He said he would personally study them carefully prior to his departure for Saigon tomorrow and that Vice Minister Yamada would be in touch with me to convey GOJ views. Fujiyama said some of our points raised real problems for GOJ. He referred notably to deletion of Article VIII, which he said would raise serious “constitutional” difficulties in connection with Article III since it might be claimed that article obliges Japan to develop its capacity to resist attack beyond restrictions of Japanese Constitution which limit Japan’s efforts to self-defense of Japan. He also felt that insertion of “individual and [Page 170] collective” in Article III would raise parliamentary difficulties. He was much concerned over proposal to include “Pacific area.” Re consultation formula he questioned phrase “in the light of circumstances prevailing at the time” as exceedingly difficult to interpret to the Diet. He said foregoing were preliminary observations and Yamada would give me definite GOJ reaction.
Speaking personally, I said that while Washington finds it impossible, in view strict separation of powers between executive and judiciary, to accept Japanese proposed Article VIII, it might be possible to meet Japanese problem in connection with Article III by inserting at appropriate point a phrase such as “in accordance with their constitutional provisions.” I said that if Fujiyama thought such addition would meet problem of elimination of Article VIII, I would be personally willing recommend it strongly to Washington.
Fujiyama also inquired about Administrative Agreement. I said GOJ proposals are receiving most urgent consideration in Washington and I hoped to transmit official US reactions within two days. Fujiyama said Yamada was authorized to discuss with me both treaty and Administrative Agreement during his absence, so that we might make further progress toward overall agreement prior to Fujiyama’s return. He said Yamada would be working with PriMin Kishi who is acting FonMin during Fujiyama’s absence.
- Source: Department of State, Central Files, 794.5/5–1159. Confidential; Priority; Limit Distribution. Repeated to CINCPAC and COMUS/Japan.↩
- Documents 56 and 57.↩