894.011/10–146
Memorandum by the Assistant Secretary of State
(Hilldring)
to SWNCC
[Washington,] October 7, 1946.
Subject: Opinion of United States Government and the
Chairman of the Far Eastern Commission on Directive Relative to Further
Policies Relating to a New Japanese Constitution.
With reference to the draft directive prepared on the basis of a policy
decision unanimously approved at the 28th meeting of the Far Eastern
Commission on September 25, 1946, relative to Further Policies
[Page 335]
Relating to a New Japanese
Constitution15 and forwarded to the Secretary,
SWNCC, it is requested that the
enclosed message be forwarded to the Joint Chiefs of Staff for
transmission to the Supreme Commander for the Allied Powers for his
information.
[Annex]
Draft Message to SCAP
It is the opinion of the Department of State and the chairman of the
Far Eastern Commission that the directive sent to you in WAR . . . .
. . . based on a policy decision of the Far Eastern Commission taken
at its meeting of September 25 does not require any specific action
by you. However, it has been forwarded to you as a directive in view
of the obligation of the United States Government under paragraph
III, 1, of the terms of reference of the Commission.
You will note that the Far Eastern Commission reaffirms its previous
decision that all cabinet ministers should be civilians. The
Commission had been informed of your action in persuading the
Japanese Government to amend the Constitution accordingly and
therefore it was clear that no further action was necessary.
However, the United States member saw no objection to the
Commission’s going on record as reaffirming its previous
decision.
With regard to the decision that the House of Councilors should not
have predominance over the House of Representatives, you will note
that the only action the Commission contemplates in this matter is
to scrutinize the implementing legislation. Consequently, it is the
opinion of the Department of State and the Chairman of the Far
Eastern Commission that no action by you is required other than
supplying the Commission with texts of such legislation when they
are submitted to the Diet.
