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

800.01 M 31/94

The Japanese Embassy to the Department of State

Memorandum

1. In continuation of the subject relating to the Island of Yap and to the other mandated islands lying north of the Equator, the Japanese Government have carefully considered the Memorandum of the Secretary of State dated September 15, 1921, and are gratified to note that the positions of the two Governments on the subject are now brought considerably closer to each other.

2. With regard to Paragraph 5 of the Secretary’s Memorandum under review, the Japanese Government have no objection to the insertion, in the proposed American-Japanese Convention, of a clause to the effect that the existing Extradition Conventions between Japan and the United States shall apply to the Island of Yap. They are further ready to agree that they will use their power of expropriation to secure to the United States needed property and facilities for the purpose of electrical communication in the Island, if such property or facilities cannot otherwise be obtained. It is understood that the location and area of land to be so expropriated shall be arranged each time between the two Governments, according to the requirements of each case.

3. Nor have the Japanese Government any objection to the proposals contained under headings (a) and (b) in Paragraph 6 of the Secretary’s Memorandum, respecting provisions securing to the United States the benefit of the engagements set forth in the Mandate, and also guaranteeing certain privileges of missionaries.

4. Turning to the proposals under heading (d) of the same Paragraph with regard to the applicability of all existing treaties between Japan and the United States, and to the right of American citizens and vessels to have free access to all waters of the mandated territories, the Japanese Government are of the opinion that the acceptance of such proposals will practically lead to the recognition, in essential particulars, of the principle of equal opportunity for all nations. It will virtually imply that foreign nationals and vessels shall have access, on the same terms as Japanese, to the territories and territorial waters committed to Japan’s charge. Japan is ready and willing to agree to the application of the principle of equal opportunity to the territories under her Mandate, provided that the other Mandatories of C class shall likewise agree to extend equal treatment to all nations in the territories under their respective Mandates. She feels that she cannot in fairness be called upon, independently of the rest, to accept the arrangement by which the principle in question is to be put into effect only in her mandated territories, while it is denied in other territories of C Mandates.

5. It is proposed in the last Paragraph of the Memorandum of the Secretary of State that the terms of the Mandate which are to be recited in the proposed Convention between the United States and Japan, and of which the United States is to have the benefit shall not be modified without the express consent of the United States. The Japanese Government understand it to be the meaning of this proposal that nothing contained in the new American-Japanese Convention shall be affected by any modification which may be made in the terms of the Mandate recited in the Convention, unless and until such modification shall have been expressly consented to by the United States. They are prepared to accept the insertion of a provision in this sense.

6. Finally the Secretary’s Memorandum suggests that Japan shall make an annual report to the United States similar to that which she is to make to the Council of the League of Nations. It is presumed to be the intention of the American Government to make a similar suggestion to all the Mandatories, and the Japanese Government, while fully appreciating American points of view, do not feel themselves at liberty at this moment to enter into any binding engagement in the matter, apart from and in advance of other nations similarly placed. They are quite willing to take up the question with all the Powers interested; but having regard to the desirability of an early conclusion of the proposed American-Japanese Convention, they desire that specific reference to the question of annual report regarding the Mandate will be withheld in the Convention.

Washington , October 17, 1921.