740.00119 PW/8–1445

The Australian Minister (Eggleston) to the Secretary of State

Dear Mr. Secretary: Further to our conversation yesterday during which I left with you a memorandum setting out the views of the Australian Government on the subject of the future treatment of Japan, I enclose herewith certain specific comments, which I have just received from my Government, on the terms of a communication from London to Australia, setting out what is described as the “draft act of surrender”. Presumably the “draft act of surrender” is identical with the reply sent by President Truman on 11th August 1945 to the Japanese surrender offer.91a

I have also been instructed by my Government to request that in the event of an armistice being declared arrangements should be made to synchronize the announcement in Australia and the capitals of other countries concerned. I have been requested to advise Australia urgently whether the United States Government agrees to this proposal.

Yours sincerely,

F. W. Eggleston
[Enclosure]
The Australian Minister (Eggleston) to the Secretary of State

Comments of Australian Government on Draft Act of Surrender Communicated to Australia from London

Paragraph 3. The Australian Government feels that this responsibility should be exacted under pain of punishment. It is essential that specific provision should be made for the medical care and feeding of prisoners and that first priority in the use of enemy transport should be given to the movement of prisoners. Full lists of all Allied prisoners and civilians taken into custody since December 1941 should be required, and these lists should indicate the place of their detention. All documents relating to the treatment of prisoners or their decease should be surrendered.

Paragraph 4. Having in mind points 1 and 2 of the Allied reply to the Japanese note of 10th of August, the Australian Government feels that the overriding authority of the Allied Supreme Commander should be made explicit and that the Emperor should be named along with the Government and General Headquarters. Similarly with paragraph 5. It should be made clear that subsequently there will be [Page 662] a more comprehensive instrument implementing in detail the Allied policy towards Japan, including the terms of the Potsdam Declaration. The Australian Government would, therefore, propose the addition to paragraph 5 of a sentence along the following lines—“This act of military surrender is without prejudice to and will be superseded by any subsequent general instrument of surrender imposed by or on behalf of the United Nations at war with Japan and applicable to the Japanese Empire and armed forces as a whole.”

In addition, there should be a specific requirement for the handing over of war criminals without dispute. Ships, aircraft, industrial equipment, commodity stocks, etc., should be put specifically at the disposal of the Allied Powers. The complete safety and well-being of prisoners of war and internees in Japanese hands should be ensured. In this connection it is also essential to make specific provision for the full responsibility not only of the Japanese Government and Imperial Headquarters but of individual Japanese Commanders.

  1. See note from the Secretary of State to the Swiss Chargé, August 11, p. 631.