There is enclosed a certified copy of a statement of policy adopted by
the Far Eastern Commission under the provisions of paragraph II,A,1 of
its terms of reference at its fourth meeting on March 20, 1946, and
submitted to the United States Government for the preparation
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of a directive in accordance
with paragraph III, 1 of the terms of reference.
It is requested that the text of this document be forwarded to the Joint
Chiefs of Staff for transmission to General MacArthur for his guidance
as a directive in accordance with paragraph III,1 of the terms of
reference of the Commission.42
[Annex]
Policy Statement by the Far Eastern Commission,
March 20, 1946
The Commission has received from the United States Government the
text of a draft constitution which appears to have been drawn up in
compliance with an Imperial rescript, the text of which has also
been supplied by the United States Government, along with the
Supreme Commander’s comments on that text.43
The opening sentences of this draft indicate to the Commission that
it will be presented to the first session of the Japanese Diet which
will be chosen at the forthcoming general elections. The Commission
therefore assumes that this and possibly other texts will be debated
in the Diet and that amendments may be offered and perhaps other
proposals introduced.
The Commission, therefore, desires that the Supreme Commander keep it
informed of the progress and development of this and other drafts
that may be considered by the Diet.
For mindful of its responsibilities under its Terms of Reference for
the formulation of policy in regard to the implementation of the
surrender terms, and of the important bearing which this or any
other proposed changes in the constitutional structure of Japan may
have upon the decisions in carrying out that responsibility, the
Commission desires that the Supreme Commander for the Allies make
clear to the Japanese Government that the Far Eastern Commission
must be given an opportunity to pass upon the final draft of the
Constitution to determine whether it is consistent with the Potsdam
Declaration and any other controlling document before it is finally
approved by the Diet and becomes legally valid.
The Commission believes that in this way hasty action by the Japanese
Diet will be prevented and time given for all elements inside and
outside the Diet to consider this very important question and bring
to
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that consideration all
available thought produced by the freely expressed will of the
Japanese people.
In this connection the Commission notes the encouragement given to
the Japanese people in the Supreme Commander’s announcement that
this draft of a proposed constitution has his personal approval. It
is somewhat apprehensive that this approval may be misunderstood by
the Japanese public and taken to mean that this particular draft has
the approval of the Powers represented on this Commission.
As such is not necessarily the case and as the Commission does not
want to take any action in regard to this or any other draft
constitution that might prejudice Japanese public opinion for or
against any proposal of this nature, it considers that the Supreme
Commander for the Allied Powers should in some appropriate manner
make it known to the Japanese people that while this draft of a
proposed Constitution is a document of obvious merit and is
available now for consideration and study, the fact that it is a
draft prepared by the Government does not preclude favorable
consideration of other proposals or drafts which may be submitted to
the Diet for study and comparison.
The Commission requests that the United States Government inform the
Supreme Commander of its views as expressed above, and since the
constitutional issue is one that is likely to influence the votes of
the electors, it do so with a minimum of delay.
