Foreign Relations of the United States Diplomatic Papers, 1941, The Far East, Volume IV

793.94/16641¼

Memorandum by the Legal Adviser (Hackworth)¹⁰

undated

Oral Statement: Comment on Section III of the Japanese Draft and the Annex and Supplement Thereto [of May 12]

The United States realizes that the establishment of an amicable and satisfactory adjustment of the present difficulties between China and Japan is a most important element in the establishment of peace in the Pacific area. The United States is desirous of being of all help that it appropriately can. It is in this spirit that the Government of the United States offers the following observations.

The United States sees in the proposal of the Japanese Government with respect to cooperative defense against injurious communistic activities a possible obstacle to such an adjustment, particularly if the proposed arrangement should envision the stationing of Japanese troops in Chinese territory.

It is stated in the Japanese proposal that the proposed adjustment of general relations between China and Japan is to be based upon neighborly friendship, mutual respect of sovereignty and territories, etcetera.

The Government of the United States therefore suggests for consideration by the Government of Japan the possibility of a substitute formula which would do full justice to the dignity and sensibilities of the Chinese Government and people and at the same time safeguard the rights and interests of Japan and Japanese nationals as well as the rights and interests of other countries and their nationals in China. This formula might be somewhat as follows:

1. The Chinese Government would undertake to establish and maintain a national standing army of sufficient strength to assure a reasonable degree of order throughout China and to afford reasonable protection to the lives and property of foreigners in China, for which purposes portions of the army would be stationed at strategic points throughout the territory of China.

2. Japan on her part would agree to remove her military and naval forces from Chinese territory as promptly as possible and in accordance with an agreement to be concluded between Japan and China.

3. The United States and Japan would cooperate in all appropriate ways toward assisting China during China’s period of reconstruction in realizing the purposes stated in paragraph one.

4. Upon the establishment of peace between China and Japan the United States and Japan would withdraw the small detachments of armed forces and naval units which they now maintain in China or in Chinese waters in accordance with existing agreements and practice.

5. The United States and Japan will as soon as opportunity presents itself enter into negotiations with the Chinese Government looking to the relinquishment by the American and the Japanese Governments of extraterritorial and other special rights in China. The two Governments further undertake to use their influence with the Governments of the other nations concerned with a view to the taking by those nations of similar action under this paragraph and paragraph four in regard to armed forces and naval units.

6. In the light of the undertaking by China in paragraph one, the United States and Japan might each enter into bilateral agreements with China providing that, in the event that difficulties should arise between the United States and China on the one hand or between Japan and China on the other hand with respect to the protection of their respective nationals and interests in the territories of the other which are not adjusted by local officials or tribunals and which it has not been found possible to adjust through the diplomatic channel, such difficulties shall, if of a justiciable character, be referred to an international commission to be created by the two Governments concerned, whose decision in each case shall be regarded as final.

An arrangement of the character outlined above would show to the world that Japan and the United States are desirous of assisting China to the greatest possible extent and that they are willing to treat with China as a full-fledged sovereign state. Such a manifestation would undoubtedly meet with general approbation. It would encourage China in the development of her national aspirations, and by placing China on such a footing would, in the opinion of this Government, offer more of promise than any other course toward making realizable the undertakings and objectives in paragraph one. It certainly would have the effect of disarming critics who might otherwise be inclined to view the proposed settlement between China and Japan as being equivocal with respect to the important matters of withdrawal of Japanese troops from China and respect for China’s sovereignty.

Furthermore, it would be difficult to explain an arrangement which would permit for the purpose of combating communistic activities the stationing of foreign troops in Chinese territory, for the world would undoubtedly regard such an arrangement as inconsistent with the principle of respecting the sovereign dignity of China, which it is the declared purpose of the United States and Japan to support.

A plan of the character suggested in this statement would be in harmony with the proposed pronouncements by the United States and Japan with respect to peace in the Pacific area. It would likewise be an example to the rest of the world of the application of enlightened and progressive principles in adjustment of international difficulties.

Such a program by contributing to the strengthening and stabilizing of conditions in China offers, in the opinion of the Government of the United States, the best chance of creating an effective bulwark in China against the penetration of inimical foreign ideologies, including injurious communistic activities. It is the feeling of the Government of the United States that if the livelihood of the people is measured through stabilized conditions there is little room for the infiltration of such inimical foreign ideas or activities.

The Government of the United States wishes to repeat its desire to cooperate with the Government of Japan in bringing about a solution of the problems which are presented and expresses the hope that the suggestions herein briefly outlined will receive most thoughtful consideration.

It is believed that both the United States and Japan recognize the necessity in the maintenance of law and order of a unified governmental organization and that they would be in agreement that stipulations herein set forth visualize a strong central Government of China and the recognition by foreign governments of that central Chinese government. It is understood that the National Government of China having its temporary capital at Chungking is the Government of China referred to in the proposed understanding between Japan and the United States.

10. Described as “Unofficial, exploratory and without commitment”. Notation on file copy reads: “The attached is a copy of the final draft of May 29 of Mr. Hackworth’s memorandum which was shown to Father Drought.”