800.01 M 31/94
The Department of State to the Japanese Embassy
Memorandum
While noting with pleasure that the memorandum of the Japanese Embassy under date of the 17th instant, in reference to the island of Yap and other mandated islands north of the Equator, indicates a concurrence in other respects with the views of the American Government, [Page 303] it is nevertheless noted with regret that there is an important divergence with respect to the two points hereinafter set forth.
1. In paragraph 4 of the Embassy’s memorandum it is indicated that the Japanese Government finds difficulty in accepting the proposal that the existing treaties between the United States and Japan should apply to the islands over which Japan seeks to exercise a mandate, as it would “practically lead to the recognition, in essential particulars, of the principle of equal opportunity for all nations”—a principle which Japan would be ready and willing to apply, provided that other Class “C” mandatories should adopt the same principle.
The Government of the United States cannot but feel that this view rests upon a confusion between two ideas which, whatever their points of similarity, are essentially distinct. The question of equality of opportunity is not in fact at issue. Save as the interests of the United States may be involved, it is not for this Government to discuss the terms or the effect of the understanding upon which Japan accepted the mandate of December 17, 1920, for the islands north of the Equator; nor does this Government feel warranted in expressing any opinion as to the view, implied in paragraph 4 of the memorandum, that other nationalities might become entitled to such advantages in the islands as are claimed by this Government by virtue of its treaties with Japan. The Government of the United States can view the question only in the light that, being itself one of the Principal Allied and Associated Powers from which Japan is to derive the right of administration, it cannot consent that in treating these islands for the purpose of administration as integral portions of the territories of Japan, the Japanese Government should deny to the United States such benefits of the reciprocal treaty provisions between the two countries as would have accrued to this Government in the event of the islands having been acquired by Japan independently of any American interest in the title thereto.
The Government of the United States therefore finds itself constrained to reiterate the desire, expressed in paragraph 6 (d) of the Secretary’s memorandum of September 15 last, that there should be contained in the proposed Convention a statement that the treaties in force between the United States and Japan should apply to the islands in question, and that the citizens and vessels of the United States should have free access to all waters of the mandated territories save as it may from time to time be necessary to close temporarily any place or port to quarantined vessels—this clause to be clarified, if desired by the Japanese Government, by such an exchange of notes as was suggested in paragraph 2 of the Secretary’s memorandum of September 28 last, setting forth the understanding that [Page 304] this provision should be construed to mean that, at those ports or islands where there are no Japanese customs officials, American vessels may load or unload cargo only under such reasonable regulations as the Japanese Government may enact for the purpose of assuring the due collection of the customs revenues from the trade so conducted.
2. In paragraph 6 of the Embassy’s memorandum it is requested that specific reference to the question of transmitting to the Government of the United States an annual report regarding the mandate be withheld in the Convention, the Japanese Government not feeling itself at liberty to enter into any binding engagement in the matter apart from and in advance of other nations similarly placed. While it may be remarked that it is, as surmised in the Embassy’s memorandum, the intention of this Government to make a similar suggestion to all the mandatories, the American Government cannot perceive that the settlement of that point, rather than any of the other matters concerning the mandate which the Japanese Government has found appropriate for adjustment in the present direct negotiations between the United States and Japan, should require reference to the other mandatory Powers.
Inasmuch therefore as the Japanese Government has indicated its acceptance of the principle that the United States should have the benefit of the engagements set forth in the Mandate, the Government of the United States thinks it proper that, in the event of its assenting to the administration by the Japanese of the islands in accordance with the terms of the Convention it should be placed in a position not inferior to that of the other Principal Allied and Associated Powers which under the terms of the mandate are to receive an annual report submitted through the Council of the League, by having addressed to it by the Japanese Government a duplicate of such report.