Papers Relating to the Foreign Relations of the United States, 1921, Volume II

862i.01/173

The Japanese Embassy to the Department of State

Memorandum

1. On the subject of the rights, privileges and exemptions to be enjoyed by the United States or its nationals in the Island of Yap, the Japanese Government are happy to find that the Comments made by the Secretary of State in his Memorandum of August 19, under the first heading, from (a) to (g) inclusive, and under the second heading relative to radiotelegraphic service, are substantially acceptable to Japan: it being understood that such rights, privileges and exemptions therein indicated are intended to refer only to those that are essential to the service of electrical communication in the Island.

2. As a due and practical course of procedure to be followed in the actual situation for an early adjustment of this phase of the problem, it is submitted that a Convention or Agreement be concluded between Japan and the United States, providing for the right of the United States to have free access to the Island of Yap for purposes of electrical communication on the line suggested in the Memorandum of the Japanese Ambassador of June 18, and assuring further the rights, privileges and exemptions bearing on the same subject as indicated in the Comments under the first and second headings of the Memorandum of the Secretary of State of August 19.

3. The Japanese Government proceed on the assumption that upon these rights of the United States being recognized by Japan, there will be no objection on the part of the American Government to the assignment to Japan of the Mandate for the Island of Yap or for any of the former German possessions in the Pacific lying north of the Equator. It is the desire of the Japanese Government that this understanding be recorded either in the proposed Convention or Agreement to be concluded, or in supplementary Notes to be exchanged, between the two Governments.

4. With regard to arrangements for the disposition of the former German cables in the Pacific, it is well understood that such arrangements cannot, in the nature of things, take effect without common accord of all the Five Powers. The Japanese Government are therefore prepared to agree that a Convention or Agreement be concluded among the Five Powers, embodying in substance the terms of adjustment suggested in the Memorandum of the Japanese Ambassador of June 18, (from Paragraph 1 to Paragraph 9 inclusive, of the Memorandum).

5. Reference is made in the concluding paragraph of the Memorandum of the Secretary of State of August 19, to the need of provisions for extradition and expropriation of property. It would seem that the question of extradition will be covered by the existing Extradition Convention between Japan and the United States³⁷ which is naturally to apply to the Island of Yap. With regard to the question of expropriation, if the suggestion is intended to establish exemption, from the process of expropriation, of all American property used for purposes of electrical communication in the Island, the Japanese Government will be ready to agree to such an exemption. Again, if it is contemplated that the Government or telegraph companies of the United States, in establishing their station of electrical communication on the Island, may find it necessary to resort to expropriation proceedings in order to procure land or other property required for such purposes, the Japanese Government will be willing to give an assurance that they will offer every possible facility and co-operation in placing the needed property at the disposal of the United States. In any case, neither the question of extradition nor that of expropriation is likely to give rise to actual difficulties, and the Japanese Government would prefer omission in the proposed Convention or Agreement, of provisions for these matters which are apparently of little practical importance, and which call for considerations of involved legal technicality.

Washington , September 8, 1921.

37. Extradition treaty of Apr. 29, 1886, and supplementary extradition convention of May 17, 1906, Malloy, Treaties, vol. i, pp. 1025 and 1039, respectively.