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Tuesday, 16 December 1941

(1)   Text ofproposals handed to the United States Secretary of State bythe Japanese Ambassador on 20th November,1941.

(2)   Text of proposals handed to the Japanese Ambassador by the United States Secretary of State on 26th November,1941.

(3)   Text of message regarding Japanese troop movements from President Roosevelt to the United States UnderSecretary of State handed to the Japanese Ambassador on 2nd December,1941.

(4)   Text of the Japanese reply to President Roosevelt's inquiry regarding troop movements, 5th December,1941.

(5)   Text of President Roosevelt's message to the Emperor of Japan, 7 th December.1941.

1.   Text of Proposals handed to the United States Secretary of State by the Japanese Ambassador on 20th November, 1941.

1.   Both the Governments of Japan and United States undertake not to make any armed advance into any of the regions in southeastern Asia and southern Pacific area excepting the part of French Indo-China where Japanese troops are stationed at present.

2.   The Japanese Government undertakes to withdraw its troops now stationed in French Indo-China, upon either restoration of peace between Japan and China, or establishment of an equitable peace in the Pacific area.

In the meantime, the Government of Japan declares that it is prepared to remove its troops now stationed in the southern part of French Indo-China to the northern part of the said territory, based upon the conclusion of the present arrangements which shall later be embodied in the final agreement.

3.   The Governments of Japan and United States shall co-operate with a view to securing acquisition of those goods and commodities which the two countries need in the Netherlands East Indies.

4.   The Governments of Japan and United States mutually undertake to restore their commercial relations to those prevailing prior to the freezing of assets. The Government of United States shall supply Japan with a required quantity of oil. 5.The Government of United States undertakes to refrain from such measures and actions as will be prejudicial to the endeavours for restoration of general peace between Japan and China.

2.   Textof Proposals handed to the Japanese Ambassadorby the United States Secretaryof State on 26th November, 1941.

The representatives of the Government of the United States and of the Government of Japan have been carrying on during the past several months informal and exploratory conversations for the purpose of arriving at a settlement, if possible, of questions relating to the entire Pacific area based upon the principles of peace, law and order, and fair dealing among nations. These principles include the principle of inviolability of territorial integrity and sovereignty of each and all nations; the principle of non-interference in the internal affairs of other countries; the principleof equality including equality of commercial opportunity and treatment; and the principle of reliance upon international co-operation and conciliation for prevention and pacific settlement of controversies and for improvement of international conditions by peaceful methods and processes.

It is believed that in our discussions some progress has been made in reference to the general principles which constitute the basisof a peaceful settlement covering the entire Pacific area. Recently the Japanese Ambassador has stated that the Japanese Government is desirous of continuing conversations directed towards a comprehensive and peaceful settlement in the Pacific area; that it would be helpful towards creating an atmosphere favorable to the successful outcome of conversations if a temporary modus vivendi could be agreed upon to be in effect while conversations essential to a peaceful settlement in the Pacific were continuing. On 20th November the Japanese Ambassador communicated to the Secretary of State proposals in regard to temporary measures to be taken respectively by the Government of Japan and by the Government of the United States, which measures are understood to have been designed to accomplish the purposes above stated.

The Government of the United States most earnestly desires to contribute to promoting and maintenance of peace and stability in the Pacific area and to afford every opportunity for continuance of discussions with the Japanese Government directed towards working out a broad gauge programme of peace throughout the Pacific area. The proposals which were presented by the Japanese Ambassador on 20th November contained some which in the opinion of this Government conflict with the fundamental principles which form a part of the settlement under consideration and to whicheach Government has declared that it is committed.T he Government of the United States believes that the adoption of such proposals would not be likely to contribute to the ultimate objectives of ensuring peace under law, order and justice in the Pacific area and it suggests that a further effort be madeto resolve our divergencies of views in regard to the practical application of the fundamental principles already mentioned.

With this object in view the Government of the United 'States offers for the consideration of the Japanese Government a plan of a broad but simple settlement covering the entire Pacific area as one practical exemplification of a programme which this Government envisages as something to be worked out during our further conversations.

The plan therein suggested represents an effort to bridge the gap between our draft of 2 1 stJune, 1941, and the Japanese draft of 25th September, by making a new approach to the essential problems underlyinga comprehensive Pacific settlement. This plan contains provision for dealing with the practical application of the fundamental principles which we have agreed in our conversations constitute the only sound basis for worthwhile international relations. We hope that in this way progress towards reaching a meeting of minds between our two Governments may he expedited.

ANNEXE.

outline of the proposedbasisfor agreement between the United States and Japan.

Section. 1. - Draft Mutual Declaration of Policy.

The Government of the United States and the Government of Japan both being solicitous for peace in the Pacific affirm that their national policies are directed towards a lasting and extensive peace throughout the Pacific area, that they have no territorial designs in that area, that they have no intention of threatening other countries or of using military force aggressively against any neighbouring nation and that accordingly in their national policies they will actively support and give practical application to the following fundamental principles upon which their relations with each other and with all Governments are based: -

(1)   The principle of inviolability of territorial integrity and sovereignty of each and all nations.

(2)   The principle of non-interference in the internal affairs of other countries.

(3)   The principle of equality including equality of commercial opportunity and treatment.

(4)   The principle of reliance upon international co-operation and conciliation for the prevention and pacific settlement of controversies and for improvement of international conditions by peaceful methods and processes.

The Government of Japan and the Government of the United States have agreed that towards eliminating chronic political instability, preventing recurrent economic collapse and providinga basis for peace, they will actively support and practically apply the following principles in their economic relations with each other and with other nations and peoples : -

(1)   The principle of non-discrimination in international commercial relations.

(2)   The principle of international economic co-operation and abolition of extreme nationalism as expressed in excessive trade restrictions.

(3)   The principle of non-discriminatory access by all nations to material supplies.

(4)   The principle of full protection of interests of consuming' countries and populations as regards operation of international commodity agreements.

(5)   The principle of establishment of such institutions and arrangements of international finance as may lend aid to essential enterprises and continuous development of all countries and may permit payments through processes of trade consonant with the welfare of all countries.

Section2. -Steps tobe taken by theGovernment of the United States and by the Government of Japan.

The Government of theUnited States and the Government of Ja pan propose to take steps as follows: -

(1)   The Government ofthe United States and the Government ofJa pan will endeavour to conclude a. multilateral non-aggression pact among the British Empire. China. Japan, the Netherlands, the U.S.S.R.. Thailand and the United States.

(2)   Both Governments will endeavour to conclude among the American, British, Chinese, Japanese, Netherlands and Thai Governments an agreement whereunder each of the Governments would bind itself to respect the terri- torial integrity of FrenchIndo-China. and in the event that there should develop a threat to the territorial integrity ofIndo-China to enter into immediateconsultation with a view to taking such measures as may be deemed necessary and advisable to meet the threat in question. Such agreement would provide also that each of the Governments party to the agreement would not seek or accept preferential treatment in its trade or economic relations with Indo-China and would use its influence to obtain for each of the signatories equality of treatment in trade and commerce with French Indo-China.

(3)   The Government of Japan will withdraw all military, naval, air and police forces from China and from Indo-China.

(4)   The Government of the United States and the Government of Japan will not support militarily, politically or economically any Government or regime in China other than the National Government of the Republic of China with the capital temporarily at Chungking.

(5)   Both Governments will give up all extra-territorial rights in China including rights and interests in and with regard to international settle- ments and concessions and rights under the Boxer Protocol of1901. Both Governments will endeavour to obtain the agreement of the British and other Governments to give up extra-territorial rights in China including rights in international Settlements and in concessions and under the Boxer Protocol of 1901 .

(6)   The Government of the United States and the Government of Japan will enter into negotiations for the conclusion between the United States and Japan of a trade agreement based upon reciprocalmost-favoured-nation treatment and reduction of trade barriers by both countries, including an undertaking by the United States to bring raw silk on the free list.

(7)   The Government of the United States and the Government of Japan will respectively remove freezing restrictions on Japanese funds in the United States and on American funds in Ja pan.

(8)   Both Governments will agree upon a plan for stabilization of the dollaryen rate with allocation of funds adequate for this purpose, half to be suppliedby Japan and half by the United States.

(9)   Both Governments will agree that no agreement which either has concluded with any third power or 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. (10)The Governments will use their influence to cause other Governments to adhere to, and to give practical application to the basic political and economic principles set forth in this agreement.

3.   Text ofMessage Regarding Japanese troop Movements from President Roosevelt to the United States UnderSecretary of State Handed to the Japanese Ambassador on 2nd December, 1941.

I have received reports during the past days of continuing Japanese troop movements to Southern Indo-China. These reports indicate very rapid and material increase in the forces of all kinds stationed by Japan in Indo-China.

It was my clear understanding that by the terms of the agreement, and there is no present need to discuss the nature of that agreement between Japan and the French Government at Vichy, the total number of Japanese forces permitted by the terms of that agreement to be stationed in Indo-China was very considerably less than the total amount of forces already there. The stationing of these increased Japanese forces in Indo-China would seem to imply utilization of these forces by Japan for purposes of further aggression since no such number of forces could possibly be required for the policing of that region. Such aggression could conceivably be against the

Philippine Islands, against many islands of the East Indies, against Burma, against Malaya eitlier through coercion or through actual use of force for the purpose of undertaking occu- pation of Thailand. Such new aggression would of course be additional to the actual aggression already undertaken against China, our attitude towards which is well known and has been repeatedly stated to the Japanese Government.

Please be good enough to request the Japanese Ambassador and Ambassador Kurusu to inquire at once of the Japanese Government what the actual reasons may be for the steps already taken and what I am to consider is the policy of the Japanese Government as demonstrated by this recent and rapid concentration of troops in Indo-China. This Government has seen in the last few years in Europe a policy on the part of the German Government which has involved a constant and steady encroachment upon the territory and rights of free and independent peoples through utilization of military enterprise of the same character.It is for that reason and because of the broad problem of United States defence thatI should like to know the intentions of the Japanese Government.

4.   textoftheJapanese Replyto President Roosevelt'sinquiry Regarding Troop Movements. 5th December, 1941.

Reference is made to your inquiry about the intention of the Japanese Government with regard to the reported movements of Japanese troops in FrenchIndo-China. Under instructions from Tokyo I wish to inform you as follows: As Chinese troops have recently shown frequent signs of movements along the northern frontier of FrenchIndo-China bordering on China, Japanese troops with the object of mainly taking precautionary measures have been reinforced to a certain extent on the northern part of French Indo-China. As a natural sequence of this step certain movements have been made among the troops stationed in the southern part of the said territory. It seems that an exaggerated report has been made of these movements. 'It should be added that no measure has been taken on the part of the Japanese Government that may transgress the stipulations of the protocol of joint defence between Japan and France.

5.   Text of President Roosevelt's Message to the Emperor of Japan. 7th December, 1941.

Almost a century ago the President of the United States addressed to the Emperor of Japan a message extending an offer of friend- ship of the people of the United States to the people of Japan. That offer was accepted, and in the long period of unbroken peace and friendship which has. followed, our respective nations, through the virtues of their peoples and the wisdom of their rulers, have prospered and have substantially helped humanity.

Only in a situation of extraordinary importance to our two countries need I address to your Majesty messages of matters of State.

I feel that I should now so address you because of the deep and far-reaching emergency which appears imminent.

Developments are occurring in the Pacific area which threaten to deprive each of our nations and all humanity of the beneficial influence of the long peace between our two countries. Those developments contain tragic possibilities.

The people of the United States, believing in peace and in right of nations to live and let live have eagerly watched conversations between our two Governments during these past months. We have hoped for a termination of present conflict between Japan and China. We have hoped that a peace of the Pacific could be consummated in such a way, that nationalities of many diverse peoples could exist side by side without fear of invasion: that unbearable burdens of armament could be lifted for them all and that all peoples would resume commerce without discrimination against or in favour of any nation.

I am certain that it will be clear to your Majesty, as it is to me, that in seeking these great objectives both Japan and United States should agree to eliminate any form of military threat. This seems essential to attainment of high objectives.

More than a year ago your Majesty's Government concluded an agreement with the Vichy Government by which five or six thousand Japanese troops were permitted to enter into northern FrenchIndo-China for protection of Japanese troops which were operating against Chinafurther north. And this spring and summer the Vichy Government allowed further Japanese military forces to enter into south FrenchIndo-China for common defence of FrenchIndo-China. I think that I am correct in saying that no attack has been made uponIndo-China nor that any is contemplated.

During the past ten weeks it has become clear to the world that Japanese military, naval and air forces have been sent to southern Indo-China in such large numbers as to create a reasonable doubt on the part of other nations that this continuing concentration in Indo-China is not defensive in its character.

Because these continuing concentrations in Indo-China have reached such large proportions and because they extend now to the south-east and south-west corners of that peninsular, it is only reasonable that people of the Philippines, of hundreds of islands of the East Indies, of Malaya and of Thailand itself, are asking themselves whether these forces of Japan are preparing or intending to make an attack in one or more of those many directions.

I am sure that your Majesty will understand that the fear of all these peoples is. a legitimate fear inasmuch as it involves their peace and national existence. I am sure that your Majesty will understand why people of the United States in such large numbers look askance at the establishment of military, naval and air bases manned and equipped so greatly as to constitute armed forces capable of measures of offence.

It is clear that a continuance of such a situation is unthinkable.

None of the peoples of whom I have spoken above can sit cither indefinitely or permanently on a keg of dynamite.

There is absolutely no thought on the part of the United States of invading Indo-China if every Japanese soldier or sailor ultimately withdraws therefrom.

I think that we can obtain some assurance from the Government of the East Indies, the Government of Malaya and the Government of Thailand. I would even undertake to ask same assurances on the part of the Government of China. Thus a withdrawal of Japanese forces from Indo-China would result in an assurance of peace throughout the whole of the Southern Pacific area.

I address myself to your Majesty at this moment in the fervent hope that your Majesty may, as I am doing, give thought in this definite emergency to the ways of dispelling dark clouds.I am confident that both of us for the sake of peoples not only of our own great countries but for the sake of humanity in the neighbouring territories have a duty to restore traditional amity and prevent further death and destruction in the world.

DECLARATION OF EXISTENCE OF STATIC OF WAR WITH FINLAND, HUNGARY. RUMANIA AND JAPAN.

8th December,1941.

Documents Relating to Procedure ofhis Majesty's Government in the Commonwealth of Australia.

The following Documents and Extracts from Documents set forth the steps taken and the procedure adopted by His Majesty's Government in the Commonwealth of Australia in connexion with the declaration of the existence of a state of war with Finland. Hungary. Rumania and Japan: -

No. 1.

Extract from Telegram dated 3rd December, 1941, from Commonwealth Prime Minister to Australian High Commissioner, London.

In the event of a state of war coming into existence with Finland, Rumania or Hungary, at the instance of His Majesty's Government in the United Kingdom, His Majesty's Government in the Commonwealth of Australia will adopt the following procedure to declare and proclaim a state of war in the Commonwealth of Australia and its Territories . . . T his procedure will be in accord with the now recognized status of the Commonwealth of Australia in its international relationships as evidenced by the Balfour Declaration and other authoritative declarations. The view of the Commonwealth Attorney-General is that . . it is desirable to express with clarity the unbroken chain of prerogative authority from His Majesty to his Representative here, making it also clear at the same time that in relation to the Commonwealth and its Territories, His Majesty is acting exclusively on the advice of his Ministers in the Commonwealth of Australia . . .

No. 2.

On3rd December the following form of Royal Authority from His Majesty the King to His Excellency the Governor-General was proposed by the Commonwealth Government and subsequently adopted by His Majesty on the advice of His Majesty's Ministers in the Commonwealth of Australia.:

George VI. by the Grace of God, of Great Britain, Ireland, and the British Dominions beyond the Seas, King. Defender of the Faith. Emperor of India. &c.

To all and singular to whom these Presents shall come, Greeting!

Whereas it is provided by section two of the Commonwealth of Australia Constitution that a Governor-General appointed by the Queen shall be Her. Majesty's Representative in the Commonwealth, and shall have and may exercise in the Commonwealth, during the Queen's pleasure, but subject to that Constitution, such power's and functions of the Queen as Her Majesty may be pleased to assign to him :

And Whereas it is provided by section sixty-one of that Constitution that the executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's Representative:

And Whereas the provisions referring to the Queen extend to Her Majesty's heirs and successors in the Sovereignty of the United Kingdom:

Now, Therefore, We, acting by and with the advice of Our Federal Executive Council of Our Commonwealth of Australia, and in the exercise of all powers Us thereunto enabling, hereby assign to the Governor-General of the Commonwealth of Australia, the power to declare and proclaim that, as from a date and hour to be specified by the said GovernorGeneral, a state of war exists in the Commonwealth of Australia and its territories with the Republic of Finland, the Kingdom of Hungary and the Kingdom of Rumania.

In Witness Whereof We have caused Our Great Seal to be affixed to these Presents, which We have signed with Our Royal Hand.

Given at our Court of Saint James, the fifth day of December, in the Year of Our Lord, One thousand nine hundred and forty-one and in the fifth year of Our reign.

By His Majesty's Command,

No. 3.

C opyof Telegram dated6th December, 1941, from Commonwealth Minister of State for External Affairs to H.M. Australian Minister, Washington.

1.   The following is a. copy of message to Dominions Office: - Proposed state of War with Finland, Hungary and Rumania. Decision as to state of war in Commonwealth and its Territories will be determined by Cabinet here on Monday next. Our Minister at Washington will act on behalf of Commonwealth Government after receiving instructions from Commonwealth Cabinet. In view of United Kingdom Government's decision to declare state of war as from 7th December it will bo necessary for Commonwealth Minister to act separately from Lord Halifax.

2.   It is probable that owing to Cabinet not meeting until Monday Commonwealth declaration will not synchronize with that of United Kingdom. This Government's attitude to Finland, Hungary and Rumaniahas beenfirm and consistent and there is no question that we shall declare state of war. At the same time the separate status of Commonwealth is such that you will act separately from Halifax. You will receive precise instructions from me when and so soon as final decision is made by Cabinet here.

Evatt.

No. 4. extracts from telegram dated6th December, 1941, from Australian High Commissioner, London, to Commonwealth Prime Minister.

After discussion between the Palace authorities and the Australian High Commissioner, the latter conveyed to the Commonwealth Prime Minister the following procedure as conforming to His Majesty's wishes: - " (a) As time is short the King should treat your telegram of instructions to me as a formal advice from the Commonwealth Government advising him to issue the instrument;

(b)   that I should prepare and submit forthwith draft instrument for the King's signature;

(c)   immediately after signature a telegram would be sent to the Commonwealth Government so that the proclamation could be issued at once;.

(d)   the instrument would be forwarded to the Commonwealth Governmentby airmail for counter signature in due course by the Prime Minister . . . "

Mr. Brucealso stated that the Palace authorities hoped that this procedure "would meet your desire - with which they cordially agree - to express clearly the unbroken chain of prerogative authority and at the same time make it clear that the King was acting exclusively on the advice of His Ministers in the Commonwealth."

No. 5.

Extract from Telegram dated7th December, 1941, from Commonwealth Prime Minister to Australian High Commissioner, London.

The procedure suggested in Telegram No. 4 was adopted by the Commonwealth Government and in the above telegram it was said: - " (a) It will clearly express the unbroken chain of prerogative authority from His Majesty to the Governor-General and (b) it will also make clear that His Majesty is acting exclusively on the advice of His Ministers in the Commonwealth. "You are therefore instructed, in accordance with your own suggestion, to submit the instrument as drafted to the King who will treat our telegrams to you as formal advice from the Commonwealth Government advising him to issue the instrument. The actual proclamation of war by the Governor-General, as His Majesty's Representative, will issue after approval at meeting of Cabinet to-morrow (Monday) afternoon and subsequent Executive Council meeting. We are obliged to you for your prompt co-operation. Please advise immediately after signature by King and forward instrument by airmail and duplicate by second airmail. In addition to airmailing of instrument please obtain permission of King to transmit picturegram of instrument after its signature by King.

No.6.

Telegram dated 8th December, 1941, from Commonwealth Prime Minister to Australian High Commissioner, London. 7737. Please submit to His Majesty a recommendation for the issue to Governor-General of an instrument in similar terms to that already issued with respect to Finland, Hungary and Rumania substituting Japanese Empire for those countries. His Majesty may take this telegram as representing the advice of His Majesty's Ministers in the Commonwealth. As time is so short, Government may act here in anticipation of issue of such instrument.

Curtin.

No. 7.

Telegram dated 8th December, 1941, from Australian High Commissioner, London, to Commonwealth Prime Minister.

Your telegrams 7727 and 37. I submitted both instruments to the King (who was out of London) and he signed them this afternoon. They will be forwarded to you by next airmail and duplicates by second airmail.

The King has expressed his consent to signed instruments being picturegrammed to Australia and I am arranging for this to be done at once.

Bruce.

No.8. telegramdated8th december, 1941, from Commonwealth Minister of State for External Affairs to H.M. Australian Minister, Washington. 143. Please ask United States Secretary or State to request United States Ministers at Helsinki, Budapest and Bucharest to inform respective Governments that His Majesty's Government in Australia has declared existence of state of war with Finland, Hungary andRumania respectively as from 5 p.m. December8th Canberra time.







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