AtoM
David Conde fonds
International Military Tribunal for the Far East
Trial transcripts
Conde, David W.
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7 NOVEMBER 1946 I N D E X Of WITNESSES (none) I N D E X Of EXHIBITS Doc. Pros. Def, No. No. Nc, 1339A(3) 1046 1339AC8) 1047 1592A 1048 702A 1049 1592B 10 0 1592C 1051 Dcsci-D.xticn Telegram from MATSUOKA to SHIGEMITSU dated 18 Fc'^ru. ry 1941 Litt... r (?-it :ff(? h1 February 1941 Craigie to MATSUOKA Telegram froK SHIGEMITSU to Foreign Minister MATSUOKA dated 24 February 194-1 ntercbsnfjc of communications between the Japanese Foreign Office and the British re mutual relations, dated 24 February 1941 Telegram No. 4-840 dated 25 February 1941 from OSHIMA to MATSUOKA Telegram No. 4956 d::tc-d 25 February 1941 from SHIGEMITSU in London to MATSUOKA For In 5 c.'• t .Evidcince 9811 9816 9818 9821 9826 9828 I N D E X Of Doc. No^ 1?93-A 2530A 1632W(48) 220 C(23) Pros. No. 220 C(12) 1052 1339M7) 1053 1054- 1055 220 C(20) 1056 220 C(22) 1057 1058 1059 220 C(24) 1060 EXHIBITS (cont.) Def. No. For Ident, Descrintion Excerpt fron telegram from Mr. Grew to Sec- retary of Stste dnted 27 February 1941 Japan's ProDosal by SIEGE* MITSU to Churchill" dated 27 February 1941 Telegram No. 6915 doted 4 Ilnrch 1941 fron MATSU- OKA to N0I.H T RA the Anbns- sador in Woshington Newsnnper Gnnouncemcrit re the New Mobilization Law dated 8 llsrch 194-1• Excerpt from a memorandum of Secretrry of Strte Hull dated 8 M^rch 1Q41 Excerpts frcra a Memorendun of the Secretary of State dated 14 M^rch 1941 Excerpt from Marquis KIDO's Dipry dcted 3 April 1941 Proposal nresented by the Deprrtment of Stcte in Japan at a meeting of Private Japanesend Aneri- cpn individuals on 9 Anril 1941 Excerpt from nemorandun from Secretary of State Hull dated 14 April 194-1 In Evidence 9833 9335 9838 9841 9843 9847 9850 9851 9863 I N D E X Doc. No. Pros. Def, No. No. 220 C(25) 1061 1339AC9) 106P 1339A(10) 1063 219PC73) 1064 1632W(49) 1632^(50) 2529A 4059A 219P(74) 1065 1066 1067 1068 1069 220 C(26) 1070 Of EXHIBITS (cont'd) Description For Ident, Excerpt of Secretary of State Hull dated 16 Ar.ril 1941 Letter frorr Churchill to HATSUOK^ dated 12 April 1941 handed to MATSUOKA at Moscow Telegram frorr MATSUOKA to Churchill dated 22 Arri] 1941 Excerpt from Staterrent by Ambassador Grew to Acting For..:.i,:n Minister KONOYE, Tokvo, dated April 1941 Entry in KIDO's Diary dated 19 Arril 1941 Entry in KIDO's Diary dated 28 April 1941 Offer of the Japanese Policy to Increase the Population to 100,000,000 by 1945 • Telegram fror Ott to Ribbentrop dated 6 May 1941 Excerpt from Communication of Ari" EE-dor Grew to MATSUOKA drtod 6 May 1941 Draft Proposal hgnded by the Japanese Ambassador NOMURA to the Secretary of State dated 12 May 1941 In Evidcnc 9866 S868 9871 9873 9875 9876 9878 9883 9890 9891 I N D E X Of Dcc. No. Pros. Def, No. No. 220 C(27) 1071 219PC75) 1072 4060A 1073 220 C(l8) 1074 1383B(l8) 1075 1383B(20) 1076 220 C(28) 1077 220 C(29) 1078 220 C(30) 1079 EXHIBITS (cont'd) Description Draft Suggestion from the Secretary of State to the Japanese Ambassador on 16 May 1941 Excerpt from Statement of Mr. Grew to IIATSUOKA dated 17 May 1941 Telegram from Ott to Ribbentrop dated 18 May 1941 For In Ident. Evidence Excerpt from a Summary of Conversations between U. and Japan in 1941 S, Telegram frorr OSHB A to MATSUOK/l dated 20 May 1941 Telegram from OSHIMA to Foreign Minister M^TSUOKA dated 21 May 1941 Excerpt from Memorandum of Conversation between Ambassador Morris and the Scretary of State dated 28 May 194-1 American Draft of Proposal dated 31 Hay 194-1 handed to Ambassador 0SHIL!A American Statement handed to Ambassador NOMURA dated 31 Hay 1941 9904 9908 9909 9914 9918 9933 9934 9937 9947 I N D E X Of Doc. No. Pros. No. 220 C(31) 1080 220 C(32) 1081 219PC76) 1082 220 C(33) 1083 1632WC5D 220 C(34) 1084 1085 Dor. No. EXHIBITS (cont'd) Description Informal Oral Statement to NOLiHRA by Secretary of State dated 31 Hay 1941 Exccr^t from 1,'emorandum of Secretary of State Hull dated 2 June 1941 Excerpt frora Stcter.cnt from Mr. Grew to MATSUOICA dated 4 June 1941 Excerpt from Memorandum of Conversation between Secretary of State and Japanese .Embassador dated 4 June 1941 Entry in KIDO•s Diary of 6 June 1941 Informal Statement handed by Secretary of State Hull to KOKURA 6 June 1941 For Ident. In Evidence. 9960 9961 9963 9964 9979 9982 9,809 Thursday, 7 November,1946 2 3 4 5 6 7 8 9 10 11 12 IS 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST Court House of the Tribunal War Ministry Building Tokyo, Japan The Tribunal met, pursuant to adjournment ( at 0930. Appearances s For the Tribunal,same as before with the exception of the HONORABLE R- B. PAL, Member from Indin, not sitting- For the Prosecv.tion Section, same as before. For the Defense Section, same as before. (English to Japanese and Japanese to English Interpretation was made by the Language Section, IMTFE.) 9’10 MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now resumed. THE PRESIDENTi All the accused are present except OKAY/A, HIRANUMA i and MATSUI, who are repre- sented by their respective counsel. We have cer- tificates from the prison surgeon at Sugamo certify- ing that MATSUI and HIRANUMA are unable to attend the trial today on account of illness. The certifi- cateill be recorded and filed. Major Moore. LANGUAGE ARBITER (Major Moore)J If the Tribunal please, referring to document No. 1444, exhibit No. 919, page 1the recprd page 9261, line 15, we recommend that the words, "Liaison Conference Decision Plan," be corrected to read, "Liaison Conference Decision, Draft." THE PRESIDENT; The correction will be made. Mr. Hlggins. H HIGGIKS: If the Tribunal please, we offer in evidence I. P. S. document No. 1339A(3), which is a telegram dated February 18,1941, from MATSUOKA to SHIGEMITSU. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1339A(3) v;ill receive exhibit No. 1046 9,811 i 3 4 5 6 7 3 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 (Whereupon, the document above referred to was marked prosecution's exhibit No. 1046 and received in evidence,) MR. HIGGINS: I read prosecution's exhibit No. 1046: "CABLE #51 DESPATCHED 8:00 P.M. FEB.18e 1941, BY FOREIGN MINISTER MATSUOKA TO AMBASSADOR SHIGEMITSU ON INTERVIEW BFiTVffiEN FOREIGN MINISTER AND CRAIGIE REGARDING CABLE #47. "Craigie, on the 15th, called upon rae with a note containing the purport of your cable No. 78 and a summary of the discussions between you and Eden. I told Craigie on this occasion that I had already re- ceived from you a detailed report concerning this question, and that in response thereto I had requested you to lay my note before Foreign Secretary Eden and handed him a copy of my cable #47. I then pointed 3ut to Craigie that there seemed to be an over-anxiety )n the part of Britain about the orientation of Japan's olicy, that various reports were reaching us that ritain and the United States had taken up a combined 2 2 action against Japan, that this was inciting Japan's 2 3 2 4 ])ublic opinion, causing doubt and fear and giving rise to the arguments in some quarters that Japan 25nust take some counter-measures to meet this situa- tion, and this would lead to misunderstanding on both sides. I further told Craigie that so long as they refrained from taking any such provocative attitude against us we would under no circumstances initiate action that would lead to anxiety on the part of Britain and the United States, that misunderstandings by either party are the most dangerous factors, and that we wished to do everything possible to eliminate them, and urged that England reconsider. I also ex- plained to him that the major object of the Tripartite Pact was the limitation of the warfare in Europe and encouragement of a peaceful settlement. Also under strict*secrecy made it clear to him that, at the moment of signing of the pact Germany had stressed her desire to avoid provoking the United States and especially to avert Japanese-American hostilities as far as possible. Negotiations for the pact were car- ried out on the basis of the above. I told him that I myself did not doubt Germany's real intention that the above seemed to me to be consistent with her real interest, but that Japan's policy also was based on this, and that she would continue to act along this course. "Craigie then, in response, questioned whether I could check the so-called southward march of Japan, views on which were so active at the mo- ment in Japan. Further, Craipie raised a query as to whether Japan did not expect exorbitant compensa- tion for her role as a mediator of the Siam-French Indo-China conflict. I assured him as to Japan's southward advance that I would try to check it to the best of my ability, but as for the Siam-French Indo-China affairs I preferred to indicate Japan,' s real intentions by actual fact rather than by making excuses in words, and further, that as far as I my- self was concerned, the greatest reward was the re- storation of peace, with which I would be satisfied. I tc].d him I believed that this was the first step toward realizing world peace which was Japan's ideal since the beginning of the nation^ and I explained to him in detail Japan's policy. I added that since there exists a close intimacy between the Foreign Secretary and myself since our days in Geneva I had expressed my views outspokenly in my memorandum ad- dressed to him, but in regard to that part which con- cerns arbitration for European peace, this had nothing to do with Germany and Italy, and that I had merely- stated the belief which I've always held. The con- versation between Craigie and myself lasted for about two hours, and he seemed quite relieved when he left. "Wired to U.S.A." 9,814 1 We now offer in evidence I. P. S. document 2 No. 1339A(8), which is a letter from Craigie to 3 Foreign Minister dated February 21,1941. 4 THE PRESIDENT: Admitted on the usual terms. 5 MR. LOGAN: If the Tribunal please, this 6 communication refers to an alleged misquotation in 7 the Japanese press. The document to which it refers 8 is a communique issued by the Thai Government on the 9 13th of February, 1941. This alleged mistake in the 10 Japanese prpss certainly can have no pro^'^ive value 11 with respect to the charges in the Indictment, and 12 no accusation that any of these accused were re- 13 sponsible for the appearance in the Japanese press 14 of their interpretation of that document. • 15 THE PRESIDENT: I notice it is regarded as 16 a deliberate misquotation. 17 MR. HIGGINS: Yes. IS THE PRESIDENT: It is not an ordinary mis- 19 apprehension or mistake. 20 Major Furness. 21 MR. FURNESS: If the Court please, referring 22 to exhibit 1046, there was a reference to the hand- 23 ing to Craigie of MATSUOKA l s cable No. M , This 24 same cable is referred to in exhibit 1041,a telegram 25 from Foreign Minister MATSUOKA to Ambassador SHIGEMITSU. I would like to ask whether that tele- gram No. 47 is in any of the papers which have been introduced into evidence. THE PRESIDENT: You should know, Mr. Furness. MR. FURNESS: ”Jhat is that? THE PRESIDENT; You should know, and so should I. I do not recollect it. I think 49 is in. .̀FURNESS: I know no particular paper which is referred to as telegram 4'7. thought, though, that some of the other messages which haven't any telegram number, might be that particular document; and if so, I would like to know which document, and I should think it would helD the Tribunal sinca they would know what the two men were talking about in their conversation. THE PRESIDENT: Well, now, you should not interpose to ask whether a document is in. You should know, and the Tribunal can be left to say whether they want to see a document or not. Is the document in, Mr. Higgins? I do not recollect it. I recollect 4 0  MR. HIGGINS: Hr. Hardin says he is not certain. It is his impression that 47 is in. He may have it confused with 49. That will be checked and reported. 9,816 2 4 5 6 1 8 9 10 11 12 IS 1 4 1 5 16 1 7 18 1 9 iO 21 22 2 3 2 4 25 CLERK OF THE COURT: Prosecution's document No. 1339A(8) will receive exhibit No. 1047. (Whereupon, the docunE nt n^ove referred to was marked prosecution's exhibit No. 1047 and received in evidence.) MR. HIGGINS: I read prosecution's exhibit No. 1047. THE PRESIDENT; I should expressly state that the objection to the last document tendered on the ground that it has no probative value is over- ruled for the reason I gave, that it imports some- thing sinister. MR. HIGGINS: I read prosecution's exhibit No. 1047f "BRITISH EMBASSY. "TOKYO "21st Febru?ry, 1941 "My deer Minister, "With reference to our conversation of yester- day in regard to the presence of British troops near the Malaysn-Thci frontier, send: you the text of a reassuring communique issued by the Thai Government of the 13th instant. You will see from this that that Government is not in e.ny way apprehensive in regard to the precautionsry measures taken in Mala?. 9,817 2 3 4 5 6 7 8 9 10 11 12 1 3 3 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 "I am sorry to say thpt this comimmique was distorted when published in the Japanese press. In- stead of the words 1 both countries still respect the Treaty and pact on non-aggression concluded between one another 1 , the version given in the Japanese press states 'Great Britain should respect the Non-Aggression Treaty which she concluded with Thailand'. This can only have been a deliberate misquotation, which I am sure you will agree is very regrettable in present circumstances. "Believe me "my dear Minister, "Yours very sincerely, "(Sd) R. H . Craigie." 25 9,818 We have a scries of I. P. S. documents numbered 1592A, B and C, taken from the Japanese foreign office and separately authenticated. We now wish to offer in evidence I. P. S. document No. 1592A, which is a telegram No. 4808e dated February 24,194-1, from SHIGEMITSU to MATSUOKA, THE PRESIDENT: Admitted on the usual terms. CLEHK OF THE COURT: Prosecution's document No, 1592A will receive exhibit No. 1048. (Whereupon, the document above referred to was marked prosecution's ex- hibit Wo. 1048 and received in evidence.) MR. HIGGINS: I read prosecution's exhibit No. 1048.: "Copy of telegram No. 4808. "Nature of telegram: Code "Date Dispatched: 24 February, Showa, 16/1941/PM • Received: 2? February, Showa 16/194-1/PM. "TO: FOBEIGN MINISTER FATSUOKA. "FROM: SHIGEMITSU, JAPANESE AMBASSADOR IN LONDON. "No. 135. "At the request of Premier Churchill,I had a talk with him for about an hour at noon on the 24th. At that time the Premier spoke in 9,819 connection with the matter of Anglo-Japanese relations with which he had been personally concerned. He vent into detail in speaking of ths situations from the time of the conclusion of the Anglo-jJapanese Alliance through the Russo-Japanese War and up to the World War and he expressed how much he desired to keep a friendly relationship with Japan." THE PRESIDENT: "He went into detail." 13R. HIGGINS (Reading oontinued): "Then, as the second point, he expressed deep regret re- garding the present Anglo-Japanese relation which is gradually getting worse; if a clash should occur between the two nations it would indeed be a tragedy. He emphasized that the defense works undertaken in the area with Singapore as its center were merely for the protection and control of the area and that Britain had never taken any policy such as to resort to an offensive against Japan. As the third point, he emplinsized that thfg British had a firm resolu- tion for the prosecution of the war. He- went so far as to say that if what Britain believes to be justice should fail to gain the victory, Britain had better go to ruin. He said he had been thinking that this was not at all an easy war as people in general thought and that it would by no means come 9,820 to end this year. He' however, believes that the war will certainly bo brought to an end with victory on the part of Britain. Therefore, he said that the question of mediation which Mr. I5ATSU0KA nentiored would not arise. In conncction v;ith the cordial message which Foreign Minister MATSUOKA sent to British Foreign Minister Eden, Premier Churchill has given me the note of another telegram No. 136, asking, r̂ e to toll you that since Eden is away he himself has written you the outline of the t?.lk we had today. The questions and answers in the talk will be sent afterwards by cable, "THIS TELEGRAM ALONE HAS BEEN SENT TO THE UNITED STATES." 9 821 MR. HIGGINS: We offer in evidence I. P. S. document No. 702A, a document taken from the Japanese Foreign Office duly authenticated. It is an interchange of communications between the Japanese Foreign Office and the British on mutual relations and it is dated February 24,1941. THE PRESIDENT: Admitted on the usual terms CLERK OF THE COURT: Prosecution's document No. 702A will receive exhibit No. 1049. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1049 and received in evidence.) MR. HIGGINSs  read prosecution's exhibit N o . 1049  "INTERCHANGE BETWEEN JAPA^SSE FOREIGN OFFICE AND BRITISH ON MUTUAL RELATIONSHIPS, "Note from Japanese Minister for Foreign Affairs containing message to his Britannic Majesty 1 s Secretary of State for Foreign Affairs has been laid before Prime Minister. "Prime Minister is gratified to observe that Monsieur MATSUOKA. r>eis no reason to apprehend any untoward developments in East Asia, and notes with satisfaction his assurance about peaceful 9eP22 2 3 4 5 6 7 3 9 10 11 12 13 1 4 1 5 16 1 7 18 1 9 iO 21 22 2 3 2 4 2 3 intentions of Japanese Government, "Since Monsieur MATSUOKA, for his part, ‘ makes reference to 'movements of British and American Governments in their attempt to expedite and enlarge warlike preparations', Prime Minister would allow himself to offer certain observstions which he hopes may remove any misunderstanaing of position ox H. M.'s Government. "There is no question of H. M . 's Government making any attack upon or committing any act of aggression against Japan; and Prime Minister is sure that this also represents intentions of United States, though of course he cannot claim to speak for them. All preparations which are being made in Oriental Regions by Great Britain and United States are of a purely defensive character. Incidentally, Prime Minister would wish to assure Monsieur MATSUOKA that concern which Mr. Eden expressed to Japanese Ambassador was not based exclusively on reports from H. M. 1 s Ambassador in Tokyo, but on the course of events in Far East and on a study of the speeches of Japanese Minister for Foreign Affairs himself. "Turning now to the war in progress in Europe between Great; Britain and Germany it will be within Monsieur MT^UOKA's recollection th;.!.tebefore 9,623 2 3 4 5 6 7 8 9 10 11 12 13 1 4 1 5 16 1 7 18 19 20 21 22 2 3 2 4 25 outbreak of war, H. M. 1 s Government made every offer, by concession and reasonable dealing, to avert hostilities. That is recognized throughout the world, and indeed the Government of the day in this country wera severely criticised for having travailed too far along this road. Their efforts were un- availing, and German Government, by attacking Poland after so many broaches of faith and of treaties, chose arbitrament of war. H. M. ‘s Government, having thus been forced to enter upon this grievous quarrel, have no thought but to carry- it to a victorious conclusion. Naturally it takes some time for the peaceful comrpunities which compose British Empire to overtake military preparations of countries which have long been exulting in their martial might, anc adapting their industries to war production. But even now H. M. 's Government feel well assured of thoir ability to maintain themselves against all comers, and they have every reason to hope that within a few months they will, with rapidly- increasing supply of materials which is coming from United States, be overwhelmingly strong. "Monsieur MAT3U0KA makes allusions to help which this country receiving from United States of America. Prime Minister would observe that that 9,8P4 3 4 5 6 7 9 10 11 12 1 3 1 4 1 5 16 18 19 20 21 22 2 3 24 help is being given for very reason that battle which this country is waging is for overthrow of systom of lawlessness and violence abroad and colc!, cruel tyranny at home which constitutes German Naziism regime, "It Is this systom that people of British Empire, with sympathy and support of whole English- speaking world, are resolved to extirpate from continent of Europe. H. M. Government have no designs upon integrity of independence--" THE PRESIDENT; "Or." MR. HIGGINSs "Integrity or" it should bo. (Reading continued)s "--integrity or independenco of any other country, and they seek no advantage for themselves except satisfaction of having rid the earth of a hateful terror and of restoring freedom to the many insulted and enslaved nations of European continent. This they would regard as greatest honour that could reward tnom, and the crowning episode in what, for western world, is a long continuity of history. "Monsieur MATSUOKA, with loftiest motives, has hinted at his readiness to act as the mediator between the belligerents. Prime Minister is sure that, in light of what he has said and upon for the 9e5 reflection, Monsieur MATSUOKA will understand that in a cause of this kind, not in any way concerned with territory, trade or material gains, but affecting whole future of humanity, there can bo no quGsion of compromise or parley. It would be a matter of profoundost ragrot to H. M. l s Government if by any circumstance Japan and this country wnre to become embroiled, and this not only because of their recollection of tho years during which two countries wore happily united in alliancc, but also because such a melancholy event would both spread and pro- long the war without hovjever in opinion of H. M. 's Government altering its conclusion. "Foreign Office, W . 1 . "24th February, 194-1." 9,826 We now offer in evidence IPS document No. i 1592-B which is a telegram No. 4840, dated February 25,1941, from OSHIMA to MATSUOKA. I THi PRESIDENT: Admitted on the usual term?. CLJRK OF THi COURT: Prosecution's document No. 1592-B will receive exhibit No.10 0. (Whereupon, the docmncnt above referred to was marked prosecution's exhibit No. 1050 and received in evidence.) 1 MFU HIGGINSf? read prosecution's exhibit No. 1050: "Copy of Telegram No. 4840 "Npture of Telegrrra; Code n D?te: Disnetched h5 Februrry Show 16/1941/A.M. Received, 25 Februpry Fhowf?16/1941/P.14. ( ' "To: Foreign Minister MATSUOKA "From: Ambassador OSHIMA, Berlin j "No.160 (Urgent) I "At the interview with Ribbentrop reported to I you in Telegrrm No- 157e I stressed R h r t there have been various conjectures concerning J?p r nese-Cermp.n re -' @ i o n s , especially ccncerninp the Tri-P?rtite P?ct, i thrt there h?s ?lso been slfnderou^ "oro !g?nde by Eng- lpnd rnd the United St-ptes  but thrt elthongh there me.y be some degree of r•.isunderstrnding on the prrt of 2 0 4 6 7 O 9 10 12 3 1 4 1 5 16 7 18 19 20 21 22     24 25           We now offer in evidence IPS document No. 1592-B which is a telegram No. 4840, dated February 2.5, 194-1, from OSHIMA to MATSUOKA. THi PRESIDENT: Admitted on the usual tern?. CLJEK OF THi COIBT: Prosecution's document No. 1592-E will receive exhibit No.1050. (Whereupon, the document above referred to was narked prosecution's exhibit No. 10 50 and received in evidence.) I®. HIGGINS: I resd prosecution's exhibit No. 1050: "Copy of Telegrem No. 4840 "Npture of Telegrrm? Code "Drte: Dispatched 5 Februrry Showa 16/194-1/A.M. Received, 25 Februpry Fhowe 16/1941/P.M. "To: Foreign Minister MATSUOKA "From.: Ambessedor OSHIMA, Berlin "No.16C (Urgent) "At the interview ”'ith Eibbentrop reported to you in Tclegrrm No- 157, I stressed +hrt there h?ve been various conjectures concerning Jpp^nese-Germpn re- lations ,especially concerning the Tri-P,?rtite Prct, t.hrt there h?s rlso been slrnderous rropagfndp by Eng- land end the United Strtes; bnt thrt although there me.7 be some degree of riisunderst,rnding on the prrt of 9,827 G c r m m y , the fret th'-t Jrpsn is Fbsolutely frithful to the Tri-Prrtite p£>ct will be clerrer when the Irperirl Eesc-rijjt is issued; snd thet both government officirls rnd the people rre moving forwerd with united rnd stccd- fact. resolve toward the rerlizrtion of the nrtionel policy, with the!forementioned trepty rs the keynote of our foreign relations. Ribbentrop pgreed, spying thpt Gerinpny toe hrs h comrpdely feeling of being 1 in the srmc hopt rs J r p m , rnd thet Chrncellor Hitler hps the strongest frith on this noint. He srid thrt he hoped thpt there wr s no misunderst?nding rbont Gcrrrny's rerl intention by J? prn, "For your reference. "Relf^/oc' to G e r m m y , Soviet Russir, Turkey, rnd to the U.S.A." 9,828 THE PRESIDETTs Mr. Hardin. Ivffi. HARDIN;? offer in evidence IPS docu- ment 1592-C which is telegram No. 5 9 % dated Febru- arv 25,1941 frorr SHIGEMITSU in London to b J A T S U O K A , TKF PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: Prosecution's docuinent No. 1592-C will receive exhibit No. 1051. (Whereupon, the 0ccument above referred to was rrarked prosecution's exhibit No.1051 and received in evidence.) MR. HARDIN; (Reading) "COPY OF TLLEGB^k i\ : 0. 4956. NITURL OF TLLLGEilM: Code DZTE DESPATCHEL: 25 1̂ .13, Showa 16e1941, P..M. RECEIVED: 26 Feb. Showa 16e1941, P.M. TO: Foreign Minister MATSUOKA FROM: iiirbassador SHIGEiilTSU in London "No. 137-1 " 1 . A t the interview with Premier Churchill on the 24th he l':rsv. spoke to me con3ec"i;l;^vely for about 20 minutes p.s summarized m L:y prsvicus tele- grem No. 136. " 2 .? pnswerc;d thpt I understood whpt he said. Hov;ever, with reg?rd to the third point,> told him that Foreign Minister M/.TSUOKA did not offer to med- 9,829 iate, but that he simply emphasized Japan's spirit toward peace and that he especially expressed his concern over the peace in East ilsia. Aveiling my- self of this opportunity I told him that ? wanted to express my unreserved opinion to the effect that while the relations between Greet Britain and Japan had become very clear, to our satisfaction, by- Japan' s avowal of having no intention to aggress upon Great Britain end by Britr^r 1 ?(legL%'ion that she would not take any offensi'/e policy against Japan, it was very regrettable the t Britain, who was well awsrre that the aggravation of the relations be- tween tne two countries arose from the problems in China, has beer— together with other countries, giving concrete assistance to the Chungking govern- ment, our enemy, thus maintaining a policy enabling the Chungking Govcxn^en"'; to c e i t v on. resistance against Japan,, Such a policy is recognized as a challange to the- per a3 of East A sir for which Japan has deep ccnc-vrn e I tha ;   , •  bas no ider of conquering Ghinn end thet her oiiprejudiced stand was clearly pointed out in MATSUOKA's messsge, and thpt we are carrying out our policies in thrt line under the treaties with the Nanking Government. In view of the present world conditions, it is im«- 9,830 possible for Japan to go on existing, abendoning the continent of China to a chaotic condition, -̂ nclj therefore, that it is only justifiable for her to counter-attack against hostile activities made upon order end peace, Uneasiness could not be eliminated unless this point should be amended. said that I was convinced thrt in the Pacific the time has come to require Eore positive snd constructive policies, not just the preventing of general destruction. This would be significent for preventing conditions from becoming aggrrvated! in. If of the nations concerned had enough self-control to be able to construct peace in this area, too, through their goodwill end mutual unclerstpnding, I went on, it might prove the first step in grsduplly saving the world from cetrstropho. This wrs why ? hsd been making efforts pnc exchanging opinions with Lord Lloyd (the Colonial Secretrry, r.leader of the Upper House ??nd pn intimpte friend of Churchill. Died lately). Lord Cankey and others, as I said in con- clusion, he (Churchill) might have been aware. "3. The Premier answered thpt he was aware of it; then he said thst as he had declared previously (his speech in Parlisment at the time of the conclusion of the negotiations over the Burma 9,831 Road) to the contrary, he considered' it desirable that Japan be active in China, and that peace be brought about between them; so Great Britain had no intention of interfering. He said thet rpther than giving assistance, Britpin* s position is indeed tantamount to strict neutrality. Great Brit?in, he continued, has no objection now or loter to the uninterrupted development of Jepan as one of the greet countries of the world. He said tixst, p.t sny rrte, he is nt present cooing h4•& utmost reesta~ blish p righteous perCQ in Europe. The British Em* pire plone has s White populstion of six^y-five millions as against a populs-tioi; sever^y—five millions in Germany, c.n̂ he wes that war should be brought to e f^&nl foy hi3 coun- try by utilizing far bigger resouppes end w||;h the assistance of the U. S. A, "4. The premier said f a t h e r thet after the ccncltision of the Tripartite Pact the inten- tions of Japen had been so ^ag^© ss to cause sus- picion on the pprt of Britrin end the U. S, A., but instead thrt conditions have now become good is clear both at home rnc! abroad by the press accounts. To the above > answered th^t it would be a gross mis- take to consider thnt the latest pre^s campaign by 9,832 Britain gives favorrble effect to Japan. In a word, a campaign of such nature would bo only harnful and un- profitable. Then the Premier justified himself, saying that there was no special campaign. "5. At the interview today Pernier Churchill tried to emphasize the determination of Great Britain to carry through the war, calliag the German actions inliuman aggressive acts, but he did not criticize the past Japanese policies toward Chine. Instead he appeared to show an attitude of indifierence toward it. "Dispatch relayed to United States." 9,83^ We tender in evidence IPS document 22C,C (12) from exhibit 58 for identification, Volume II. This is an excerpt from a telegram from Mr. Grew to Secre- tary of State, dated February 27,1941. THE FRESIDEKT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 220C (12) will receive exhibit No. 1052. (Whereupon, the document above referred to was marked prosecution's exhib- it No. 1052 and received in evidence.) MR, HARDIN (Reading) "TELEGRAM "THE, AMBASSADOR IN JAPAN ( G _ ) TO THE SECRETARY OF STATE "TOKYO, February 2 7 , 1 9 4 1 — 2 a.m. (Received 4 :55 p.®.) "Excerpt. "317. In the course of my conversation today with the Foreign Minister he went out of his way to accuse the British Government of taking measures in the Far East which were a direct incitement to Japan and which rendered very difficult an improvement in the situation- He referred in this connection to the reported mining of Singapore and the sending of Aus- tralian troops to the Malaya-Thailand border." •» I said that it seemed to me e x t r a o r d i n a r y that the Japanese should interpret and characterize obviously defensive measures as measures of offense. As I had said to the Minister at the American-Japan Society luncheon, we must inevitably be guided by 'facts and actions' and that certainly the facts and actions relating to Japan's southward advance were concrete causes for serious anxiety not only on the part of Groat Britain but of ourselves. Having occu- pied in succession Waichov/, Hainan, the Spratly Is- lands, and other areas, the Japanese military were now pouring troops into Indo-China and, according to our informer, had occupied the airport in Saigon, / quite apart from naval activities in those regions, and that these steps, taken in conjunction with the public utterances of many Japanese statesmen, gener- a].s and admirals concerning Japanese intentions to the  southward, had created a situation which could hardly be regarded with equanimity either by the United States or Great Britain since they threatened not on- ly our interests but our possessions." heP35 THE PRESIDENT; Mr. Chief of Counsel. MR- KEENAN: We offer in evidence IPS document No. 1339A (7) which is Japan's proposal by SHIG5J/!ITSU to Churchill, dated February 27,1941 . THE '"RESIDENT: Admitted on the usual terms. CLERK OP i.il COURT; Prosecution's document Ho. 1339A (7) will receive exhibit No. 1053. (Whereupon, the document above referred to was n;arked prosecution 1 s exhib— i t 1053 and received in evidence.) MT“ KF.ENANs (Reading) "Jrp?n*s Second Offer (Hrnded by i5inhrss?dor SHICtMITSU to CHURCHILL) "His Imperirl Jrpmese Mf.jesty' s Minister for Foreign ffeirs pcknovledge? the receipt of the note of HIg Eritmnic Mr jesty' s Prime Minister, drted Febrile ry 2 4 , 1 9 4 1 , m d tpkes piersnre in apprising the letter th&t the stpitement pnd reinrrks contrined therein hrve been duly noted. "The Foreign Minister trusts t!' Mr. Church- ill is not necessrrilv ejecting obsc-rvrtions tc rede •upon t• m. He wishes, ho ver, to tcke pdvrnt?ge of the cvprortunity to strte thrt no hint whatever of his rerdiness to ret rs e iriedirtcr ••et^een the rctuipl be- ll if erents wrs intended to be conveyed in his tkmoren- 9,836 dum addressed to His Eritfnnic Mr jc-st.y 1 s Princip?! Secretary of ' r t:rte for Foreign Affrirs, nor did he imrginc for r moment rnv possibility of such r hint being rerd .in m y prrt of the text. The Foreign Minister took occrsion in his Mcmorrndnm to refer to the nediation now trking plcce in Tokyo rs Mr. I den hrd mrde rllusions to it rnd incidcntrlly took the liberty of str.ting in r penc-rrl rnd rbstrrct mrnncr the vic-vs he hrs rlwrys cherished, in order to mrke CICPT the rST)irrtion rnd rttitude of his country concerning the problem of pcrcc or the rc- covery of normr1 conditions throughout the vcrld. "The Foreign Minister believes -t-hrt it %ill not be entirely out of plrce to reiterrte vhrt he hrs srid on more thrn one occr sion in reference to the Triprrtite Prct, inrsmuch rs this mrtter wrs touched upon Mr. Eden in his conversrtion v'ith Ambr ssrdor SHIGEIH!TSU. The Triprrtite Prct vf s concluded rs, rnd rcmrins, r perce prct in the sense thrt it wr+s entered into lrrgcly ^ith r view to ure- venting r third Power from prrticiprting in the E-uropern v/ar or Sino-Jrprnese conflicte'hus liirit- ing the prrtlciprnts rnd dimensions of the wpr rnd plso to bringing ?bcut pc-rce ?t the crrliest ”os- 25 sible dpte. J rpm's id oris epitcmized in the 9,837 prcrinble of the Prct, rnd it is needless to sry thft Jrren, remrinin? rbsoluteIv loypl to the rims rnd iderls enuncir ted, ^ill rl^vryp find herself stmding by her rllies in crrryinf out her duty under the Tri- prrtite Prct. "The Foreign Minister ^oiald enurlly deplore rnd regret, if by rny u.nto?;rrd circumstrrices, Gre'' Pritrin rnd this country were to become embroiled, not only beer use of the recollection of the yerrs durinfr which the tv c countries were united in llirnce, but rlso becruse , c -uch r. trrpic cventurlity r/ould be frrupht with the drngor of destroying modern civili- !%'ion to the undoing of the best prrt of Humrnit3 r . "Februrry 271941." 9,838 We now desire to offer in evidence IPS docu- ment 1593-A taken froir the Japanese Foreign Office and duly authenticated. It is a telegram. No. 6915, dated 4 March 1941 5 from I'lATSUOKA to NOMURA, the Amb^iEsador in Washington. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1593-A will receive exhibit No.1054-. (Whereupon, the document above re- ferred to was rf.arked -jrosecution' s exhibit No. 1054- and received in evidence.) THE PRESIDENT; Mr. Chief of Counsel, the preceding exhibit, 1053, is headed "Japan's Second Offer." Can you suggest that exhibit 1053 contains an offer? MR. KEEKAN; If the Tribunal please,- this is not crnr contention of the fact, nor do we at any- time , a t any stage of this proceeding, in offering any document or witness, irtend to be bound when they are of Japanese origin or nationality. We are offer- ing it as the representation made by the Japanese Government of what the:, contended the facts to be as they were raking it annear to other nations. More specifically, Mr. President, with re- spect, in stating our position in answer to the Court's 9,839 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 1 7 18 19 20 21 22 2 3 2 4 25 inquiry, this might be considered an offer for world peace on Japanese terras. THE PRESIDENT: Mr. Loga^. MR. LOGANj If the Tribunal please, we can- not let the Chief Prosecutor 1 s statement go by un- challenged. THE PRESIDENT: Ee can state his position without issuing any challenge that you can meet now. The Court, in effect, invited him to state his po- sition. He did not misunderstand us. He just stated it, and I think that ought to be the end of it for the tiire being, Mr. Logan. MR. LOGAN: I am not referring to his statement with regard to your inquiry on exhibit 1053 • I am referring to his statement that; the prosecution is not bound by any of the documents or statements made by witnesses of Japanese origin. It has always been my understanding that when a witness is offered by the prosecution that he vouches for his credibilitj^, and I know of no reason why any- other procedure than that should be adopted in this case. THE PRESIDENT: In a criminal proceeding, of course, it is the duty of the prosecution to place all the facts before the Court and let the Court 9,8^0 2 3 4 5 6 7 8 9 1 0  11 12 13 14 15 16 1 7 18 19 20 21 22 2 3 2 4 25 draw its conclusion. Here you have a document which may or may not contain a wrong heading. If it con- tains a wrong heading, the prosecution are not bound by that wrong heading. iffl. KEENAN: Mr. President, perhaps I should make it abundantly clear that this is the document exactly as we found it in the Japanese archives, and it speaks for itself and, of course, the Court will make whatever interpretation circum- stances warrant. THE PRESIDENT: We always understood that heading appeared on the original. MR. KEENAN: The prosecution new offers in evidence IPS document No. 2530-A, another newspaper annoiancement relating to the new Mobilization Law, dated 8 March 194-1. THE PRESIDENT: Mr. Chief of Counsel, do you propose to read exhibit 1054? MR. KEENAF; I beg your pardon. We do propose. In the colloquy with counsel,I had for- gotten that that was not read. May I now read it? THE PRESIDENT: Yes. It has been admitted and numbered, and you will read it. . M R . KEENAN; (Reading) "Date; 7:00 P.M. March 4,1941 "Senders Foreign Minister MATSUOKA. "Addressee: NOMURA, Japanese Ambassador to the U S. A. "Subject; Ambassador NOMURA'S denial of the war with America. "No. 107. "Concerning No.123 of your telegram, I fully appreciate the circumstances under -which you had to make your answer in a cautious way. How- ever, as I have already made an affirmative reply to the question as to whether Japan will partici- pate in a warfare In case the United States should attack Germany, at the general meeting of Budget Committee in the House of. Representatives and on other occasions, I hope that hereafter you will act in concert with me when you answer q.uestions of like nature." THE PRESIDENT; The document last tendered is admitted on the usual terirs. Give it a number. CLERK OF THE COUBTs Prosecution's documont No. 2530-A is given exhibit No. 1055. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit No. 1055 and received in evidence.) 9,842 2 3 4 5 6 7 8 9 10 11 12 13 1 4 1 5 16 17 18 1 9 20 21 22 2 3 2 4 25 MR. KEENAK: (Reading) "EXTRACT FROM 'THE TOKYO NICHI NICHI' "March 8 , 1 9 4 1 "NATIONAL MOBILIZATION LAW "Revised Regulations will be put in Force on March 20. mm mm mm "The detailed regulations relative to the application of the revised National Mobilization Law, which were approved in the 76th session of the Diet, v.ill be put in force on March 20, it was decided at the Cabinet Meeting on March 7." 9 $  MR. KEENAN: Te now offer in evidence IPS document 220C (20) from exhibit for identification No. 58, volume 2. This is an excerpt from a memorandum of Secretary of State Hull, dated Mtrch 8,1941 . THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution* s document No. 220C (21) will receive exhibit No. 1056. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1056 and received in evidence.) MR, KEENANg (Reading) "Memorandum by the Secretary of State. "Washington, Mcrch 8,1941. "The Ambassador then said that it would be well- nigh unthinkable for our two countries to fight each other on account of the destructive effects that would inevitably result in r.ny event. I here s^oke and said that my country entertained the same idea about the destructive effects of a military clash between our two countries. I then inquired of the Ambassador whether the military groups in control of his Govern- ment could possibly exnect important nations like the United States to sit absolutely quiet while two or three nations before our very eyes organized naval and  & ' (    '  $  military forces and went out and conquered the balance 9,844 of the earth, including the seven seas and all trade routes and the other four continents. Could they expect countries like mine to continue to remain com- placent as t'aat movement is going on I inquired fur- ther what countries like mine would have to gain by remaining complacent in the face of a movement to sub- stitute force and conquest for law and justice and order and fair dealing end equality. The Ambassador sought to play down the view that such military con- quest was really in the mind of his Government and he then said that embargoes by this country were, of course, of increasing concern, and that he did not believe there would be any further military movements unless the policy of increasing embargoes by this country should force his Government, in the minds of those in control, to take further military steps. To this ? replied that this is a matter entirely in the hands of his Government for the reason that his Government took the initiative in military expansion and seizures of territory of other countries, thereby cresting an increasingly deep concern on the part of my own and oiJier countries as to the full extent of Japanese conquest by'force which was contemplated; that my country has not been at fault snd none of the nations engaged in conquest have pretended seriously to charge it with 9,845 any action of omission or commission in relation to the present movement of world conquest by force on the uart of some three nations, including Japan. The Ambassador sought here to minimize and. mildly to controvert the idea that Japen is engaged in broad unqualified mil- itary conquest. then repeated the terms of the Tripartite Agreement snd' the public declaration of Hitler and MATSUOKA and other high authorities in Japan to the effect that their countrios under the Tripartite arrangement were out by military force to establish a new order not for Asia alone, not for Europe alone, but for the world, and a new order under their control. I ssid that whatever interpretstion the /-mbassador might give these utterances and military activities in harmony with them thus far, the   ican people who were long complacent with respect to dangerous international developments have of late become very thoroughly aroused and awakened to what they regsrd as a mntter of most serious concern in relstion to move- ments by Japan and Gerinany, presumably to take charge of the seas and the other continents for their own personal arbitrary control and pecuniary profit at "•"he expense of the welfare of all of the peoples, who are victims of such a course and of peaceful nations in g e n e r a l . I said, of course, these a.prehensions 9,845 any action of omission or commission in relation to the present movement of world conquest by force on the Dart of some three nations, including Japan. The Ambassador sought here to minimize and mildly to controvert the idea that Japen is engaged in broad unqualified mil- itary conquest. I then repeated the terms of the Tripartite Agreement and' the public declaration of Hitler end MATSUOKA and other high authorities in Japan 9 J to the effect that their countrios under the Tripartite 10 1 arrangement were out by military force to establish 11 a new order not for Asia alone, not for Europe alone, I but for the world, and a new order under their control. I said that whatever interpretation the Embassador 12 13 1 4 | might give these utterances and military activities 15 • 16 17 18 19 20 21  in harmony with them thus far, the Americsn. people who were long complacent with respect to dangerous international developments have of late become very thoroughly aroused and awakened to what they regard ss a matter of most serious concern in relation to move- ments by Japan and Germany, presumably to take charge of the seas and the other continents for their own personal arbitrary control and pecuniary profit at + he expense of the welfare of all of the peoples, who are victims of such a course and of peaceful nations in g e n e r a l . I said, of course, these apprehensions 9,846 and this tremendous concern will remain and continue so long as Hitler continues his avowed course of un- limited conquest and tyrannical rule and so long as the Japanese Army and Navy increase their occupation by force of other and distant areas on both land and see, with no apparent occasion to do so other than that of capture and exclusive use of the territory and other interests of other countries. The Ambassador again sought to allay the idea of military conquest on the part of his country, and I again replied with emphasis thst so long as Japanese forces were all over China and Japanese troops and sirplanes and naval vessels were as far south as Thailand and Indo-China and Saigon, accompanied by such threatening declarations as Japanese statesmen are making week after week, there crn only be increasing concern by nations who are vitally interested in international affairs both on land and ser as they are also vitally interested in the halt of world conquest by force and barbaric methods of government. "I proceeded to comment on Japan's line of activities ond utterances by ssying thst this country snd most other countries only rsroclsim and practice policies of peaceful intern?tional relationships, political, economic, social and cultural. Sometimes 9,847 the policy to promote these mutually "beneficial rela- tionships is proclaimed, such as our good neighbor policy with special reference to Psn-/merica. And yet sll of our acts and programs end policies adopted by t’‘ twenty-one Amcricsn nations in their conforcnces from time to time are mr.de universal in their appli- cation, so that Japan and all other nntions receive the same equal opportunities for trade and commerce generally throughout the Americas that esch of the American nations receives itself. In striking contrast the new order in greater Eastern Asia is unequivocally believed to be purely a program of military aggression and conquest with entirely arbitrary policies of political, economic and militrry domination." Quotations from a Foreign Relations volume. The prosecution now offers in evidence IPS document 220C (22) from exhibit for identification 58, volume e which is ero«rots from s. memorandum of the Secretary of State, dated March 14,194*1- THE PRESIDENT; Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 220C (22) will receive exhibit No. 1057. (Whereupon, the document cbove referred to was marked prosecution's exhibit No. 1057 end received in evidence.) 9,848 MR KEENAN: (Reading) "Memorandum by the Secretary of State. "Iferch 14,1931. "Excerpts. "The President again returned to the Tri- partite /greement and said thrt it had ucset the American people because they think thc.t a concerted effort is being made by Gerraany and Italy to rccch the Suez Csnal end by Janan on the other hand to approach Singapore, the Netherlands East Indies and the Indian Ocean. The Japanese Ambassador spoke more strongly than he had in his earlier tIk with me, expressing his belief thst his country would not go South. "The President finally remarked that, as the Ambassador iridiccted "'' %& between our two countries could undoubtedly be worked out without g military clash, emphasizing thrt the first step in this direc- tion would be the removal of suspicion and fenr regard- ing Jf-pan' s intentions, I here remarked that, of course, with MATSUOKA astride the Axis on his way to Ber-lin and talking loudly cs he goes, and Japanese naval an( air forces in the vicinity of Indo-China, Thailand and S?.igon, with no exDl?.nation but with ser- ious inferences, the Ambassador must realize how acute feeling r.nd opinion in this country have become." 9,849 1 We now offer in evidence, if it please the 2 Tribunal, several separate documents from the accused 3 KIDO 's diary. They are documented as a series of IPS 4 documents 1632W. They will not be tendered consccutively 5 but in order of dste in the course of this evidence. 6 THE PRESIDENT: We will receive them after 7 the reccss. We will recess now for fifteen minutes. 8 (V^hereur?on, at 1045  recess was taken 9 until 1100, after which the proceedings were 10 resumed as follows ) 11 12 13 14 15 16 » 17 18 19 20 21 22 23 24 25 9,850 MARSHAL OF THE COURT : The International Military Tribunal for the Far East is now resumed. THE PRESIDENT: Mr. Chief of Counsel. MR. KEENAN: I will proceed to read the docu- ment last referred to before the Court recessed. If the Court please, I tendorefi th© Qxaetpt from Marquis KIDO 1 s Diary, anc I bcliGve the Court had not acted upon its admission. THE PRESIDENT: We have not seen it yet. It has not been distributed. Admitted on th3 usual terms. CLERK OF THE COURT: Prosecution's document 1632-vV(48) will receive exhibit No. 1058. (Whereupon, the document above referred to v;as marked prosecution's exhibit No. 1058, ana was received in evidence.) MR. KEENAN: Dated 3 April 194-1. (Reading) "In the anteroom of the Imperial Palnce Premier KONCYE consulted me about the pros pective appointment of Admiral TOYODA as tho Minister of CcmmGrce and Industry and Lieutenant-Genera 1 SU2UKI as the President of the Planning B o a r d .? agreed with him. At 4.40 p.m. Premier KONOYE tele- phoned me saying that since the plan he had intimated to me this morning had been approvod by both the War         &                                  '   *  9,851 Minister and the Navy Minister, necessary arrangements for the appointments would be made at oncQ." Prosecution now offers in evidence IPS cocument 220-C(23) from exhibit for identification 58, Volume II. This is a proposal presented by the Lepartment of State in Japan at a meeting of private Japanese and American individuals on April  ^-1. THE PRESIDSOT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 220-C(23) will receive exhibit No. 1059. (Whersupon, the document above referred to was markod prosocution's exhibit No.  e # was received in evidence.) .̀KSEKAN: (Reading) "Proposal Presented to the Department of State through the Medium of Private American and Japanese Individuals on April   ." At this time, if the Court please, I would like to have the previous remarks that had been read from the prepared manuscript to conform with the oxact language of the heading of this document, namely: "Froposal Presented to the Department of State through the Medium of Private American and Japanese Individuals on April 9,194-1. "The Governments of the United States and of Japan accept joint responsibility for the initiation and conclusion of a general agreement disposing the resumption of our trrditional friendly relations. "Without reference to specific causes of recant estrangement, it is the sincere desire of both Governments thot the incidents ?;M.ch led to the de- tcriorction of oraicrble sentiment smong our people should bo prevented from recurrence nnd corrected in thoir unforseen rnd unfortunate consequences. "It is our present hope that, by a joint effort, our nations mnv establish n just Peace in the Prcific; end by the rr.pid consummation of r.n entente cordir.le, crrcst, if not dispel,the trrgic confusion thet now thrertens to engulf civilization. "For such decisive action, protracted nGgo- tiotiens would seem ill-suited!# weakening. w e , therefore, suggest th?t adequate instrumentalities should be developed for tb.G agreement which would bind, in honor nnd in act. "It is our belief realization of p. general meanwhile, both governments th^t such on understanding shovild comnrise only the nivotnl issues of urgency and •not the ccccssor '' concerns which could be deliberated rt n Conference ?.nd apnroprirtely confirmed by our re- snectivc Governments 4 " 9,854 cf J a 13 an respecting intcrnrtional relations end the character of nntions. "The Governments of the United Ststes and of Japan might jointly acknowledge each other ss equal- ly sovereign states and contiguous Prcific powers. "Both Governments assert the unanimity of" their national policies ss directed toward the founda- tion of a lasting peace and the inauguration of a new era of respcctful confidence snd cooperation among our peoples. "Both Governments might "declsre that it is their traditional,and present, concept and conviction that nations end rr.ees compose 5 as members of a family, one household5 each equally enjoying rights and ad- mitting responsibilities with o. mutuality of interests regulated by peaceful processes and directed to the pursuit of their moral and physic?! welfare, which they!.re bound to defend for themselves as they are bound not to destroy for others. "Both Governments are firmly determined thrt their respective trpditional concepts on the character of nations and the underlying mor?l Drinci- plcs of social order and nationallife will continue to be oreserved and never trrnsformed by foreign ideas or ideologies contrary to those moral principles and 9,845 l 2 3 4 .5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 19 20 21 22 23 2 4 25 concepts. "II. The. attitudes of both Governments toward the European War, "The Government of Jr.pen maintains that the purpose of its Axis ^llionce was, r.nd is 5 defensive # designed to prevent the extension of military- grouping among nations not directly affected by the European War. "The Government of Japan, with no intention of evading its existing treaty obligations, desires to dcclsrc- thr,t its military obligation under the Axis Alliance, comes into force only when one of the psrties of the Alliance is rggressively attacked by a power not at present involved in the European War. "Tl-ic Government of the United States main- tsins that its attitude toward the European War is, ond will continue to be, determined by no aggressive elliancc aimed to assist nny one nation gainst another. The United Ststes maintains that it is pledged to the hate of wnr, nnd accordingly, its attitude townrd the European ? r r.r is, r.nd m i l continue to be, determined solely and exclusively by considerations of the pro- tective defense of its ov;n national wclfsre snd se- curity. "Ill. China offairs. 9,845 l 2 3 4 5 6 7 8 9 10 11 12 1 3 14 15 16 17 18 19 20 21 22 23 2 4 25 "The President of the United States, if the following terms are approved by His Excellency end pur.ranteed by the Government of Japan, might request the ChiFing-Kai-Chek regime to negotiate peace with Japan. "a. Independence of China "b. Withdrawal of Japanese troops from Chinese territory, in accordance with an agreement to be rerched between Jr?.p?n r.nd China "c. No ?c.quis,,ticn of Chinese territory "d. No imposition of indemriitiGs "e. Resumption of the 'Open Door'| the interpretation and apnlicrtion of which shall bo agreed upon nt some future, convenient time- between tho United Stntes and Japon, "f. Coalescence of Governments of Chiang- Kai-Chek p.nd of Wrng-Ching-Wei. 11 g. Ho lrrge-scr.le or concentrated inn.igra- tion of Japmeso into Chinese territory. "h. Bccognition cf Manchukuo. "Y/ith the acceptance by the C hi a ng -Kg i - Ch ek regime of the nforer ntioned Presidential request, the Japanese Government shsll commence direct perce nc-go- @ intions with the newly conic seed Chinese Governme-nt, or constituent g3 ements thereof "The Government of J^pan shall submit to the. Chinese concrete terms of peace, within the limits of aforesaid general terms and along the line of neigh- borly friendship, joint defense ngninst communistic "•.ĉ tivitios and economic cooperption. "Should the Chinng-ICri-Chck regime reject the request of President Roosevelt, the United Stntc-s Government shnll discontinue assistrnce to the Chinese. "IV. Nnvrli serial!.nd mcrcantilfc inr%jne rolotions in the Pacific. "o. As both the Anericrns snd Japanese ore desirous of maintnining the pence in the Prcific, they shnll not resort to such disposition of their navrl forccs and aerial forces rs to menace ecch other. De- toiled, concrete agreement thereof shall be left for determination nt the proposed joint Conferences. "b. At the conclusion of the projected Con- fe-rence, erch nation might despatch a courtesy navnl squadron to visit the country of the other ond signal- ize the new era of Peace in the Pacific, 11 c. With the first ray of hone for the set- tlement of Chinese sffnirs, the Japrnese Government will agree, if desired, tc use their good offices to rolepse for contract by Americrns certain percentage of their total tonnage of merchant vessels, chiefly 9,858 for the Prcific service, so soon ^s they cnn be re- lersed from their ore sent coirimitraents. The nmount of such tonnrge shrll be determined at the Conference. "V. Comncrce between both nations r.nd their financial cooperation. lnrT hen official npnrobrtion to the present understanding has been given by both Governments, the United Strtes rnd Jnpan shall assure cnch other to mutually supply such comnoditios as pre respectively rvailsble or required by either of them. Both govern- ments further consent to take necessary steps to the resumotion r f normal trrde relntions as formerly es- tablished under the Treaty of Navigation nnd Coranerce between the United Strtes m d JaDCn. If a new com- mercial treaty is desired by both governments, it could be elaborated <?t the proposed conference end con- cluded in accordance with usual procedure. "For the advancement of economic cooDerntion hotween both nations ? it is suggested that the United Strtes extend to Jrpnn s gold credit in amounts suf- ficient to foster trade and indus trial development directed to the betterment of Far Eastern econcnic conditions and to the sustained economic cooperation of the Governraents of the United Stntes and of Japan. "VI. Economic activity of both nations in 9,859 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 15 | 16 1 7 1 8 #     #   | 25 the Southwestern Pacific erea. "On the pledged bp sis of guarr.ntoe thnt Japanese rctivities in the South?;estern Pacific area shnll be crrred on by peaceful means, without resort- ing to arms, Americcn cooporrtion and suDDort shall be given in the n'roduction and procurement of naturnl resources (such ft oil,rubber, tin, nickel) which Japan needs. ”VI The policies of both, nrtions cfxect- in? politicrl str^bi] j-zrtion in the Pr,ci' r 'ic. "A* The Governments of the United States h,nd of Japan will not ncquiesce in the future transfer of territories or tho rclegction of existing States within the Frr Epst and in the Southwestern Pncific fircr to any European Power. "b. The Governments of the United Stctes sind of Japan jointly guarr.ntee the independence of the ^hiliopine Islands nnd will consider mer.ns to comc to their essistnnce in the event of unprovoked aggression by rny third Power. . "c. The Government of Japan requests the friendly# diplonrtic sssistnnce Qf the Government of the United States for the removal of Hongkong snd Singapore as doorways to further political encronch- rnent by the British in the F?.r East." 9,860 I 1 |  # 3!    #        I 12 13 14 1 5 16 1 7 18 20 21 22 2 3 2 4 25 "d. Jporneso Imnigrrtion to the United States nnd to the Southwestern Pacific area shall re- ceive amicable consideration""$#  brsis of equality with other nationals and freedom from discrimination. "Conference„ "a. It is suggested that n Conference be- tween Delegates o^ the United States and of J^prn be held at Honolulu --nd thrt this conferoncc be opened for the United States b"' President Roosevelt r;nd for J?.p?n by Prince :KONOYE. The delegates could number less than five erch, exclusive of experts, clerks, etc. "b. There shnll be foreign observers nt the Conference. ”c. This Conference could be held rs soon os possible (May 1?41) after the present understmd- ing has been renchod. "d. The agendr. of the Conference would not include a reconsideration of the present understanding but would direct its efforts to the specificrtion of the prearr"nged ngendn and drafting of instruments to effectuate the understanding. The Drecise egends could| be determined upon by mutual agreement between ^oth governments. ’ 1  # ("- "The present understanding shall be kept ns c confidential memorandum bet^etn the Governments of the United Strtes nnd of Japan. "The scope, character ?.nd timing of the snnonncement of this understanding will be agreed upon by both Governments Taken from Foreign Relations V o l . I I , pp, 398-402 9,862 l 2 3 4 5 6 7 8 9 | 10 j 11 12 13 14 15 16 17 ]8 19 20 21!   #   I MR. LOGAN; If the Tribunal please— m . KESNAN; I am not through. I want to make a remark about it. MR. LOGAN: I am sorry. m . KSEKAN; %-President, because of ths unusual situation existing, I ask respectfully, per- mission to explain to the Tribunal at this time that later on in this phase we will present Mr. Ballantine, Special Assistant to the Secretary of St^.te of the United States, who participated in many conferences held in 194-1 preceding the outbreak of the Japanese- American T "ar. I am offering no testimony, of coursa, at this time, but I am explaining to the Court thnt at that time he will give direct testimony as to these conferences or talks between unofficial--those who were not officials of either Japan or the United States. We have believed it preferable to place the series of documents befora the Court. There were no officials representing tho United States Government, we expect to prove, ancg we make this statement so that the Court will not be misled by any documents we presont, nor will the recorci be confused in thnt rogard. So we believe the Court will understand our explanatory statement nt this time. 9,863 i 2 3 4 5 6 7 8 9 10     I 1 3 14 1 5 16 1 7     #            # The prosecution offers in evidencePS document 220-C(24) from exhibit for identification 58, Volume II. This is an excerpt from memorandum from Secretary of State Hull, dated A p r i l 1 4 , 1 9 4 1 . THE PRESIDENT: Aomitted on the usual terms. CLERK OF THE COURT: Prosecution's document 220-C(24) will receive exhibit No. 1060. (Whereupon, the document above referred to w?.s marked prosecution's exhibit No. 1060, ana& received in evidence.) MR. KEENANs (Rsaoing) "MEMORANDUM BY TIIE SECPETARY OF STATE (WASHINGTON pril14e -1 "Excerpt. "The Ambassador of Japan called at my apartment at the Ward.man Park Hotel at my request. I stated that as the Ambassador would recall,both the President and I suggested during our conversations with him that he might care in discussions with rae to explore the question of improving relations between the United States and Japan; that such a procedure might involve a review of relations during recent years in an attempt to ascertain where and in what respects the courses of the two countries had dlv- erged; and that this would "be done with a view to ascertaining whether something practicable might be done toward restoring the relations of our two countries to that harmonious state which existed for so many decades. I said that I referred to this again at this time because of the reports which have been coming to me that certain of the Ambass- ador 's compatriots have been working on formulation of proposals and plans for improving relations be- tween the United States and Japan. I had been told that the Ambassador's compatriots have been in touch with the Ambassador in connection with their pro- posals and that the Ambassador has participated in and associated himself with these plans. I added that I did, of course, not know whether these reports are entirely accurate and, as mentioned previously to him, we can deal only with the Ambassador in ad- dressing ourselves to consideration of problems out- standing between our two Governments. "I then emphasized the point that I bad sent for the Ambassador primarily to clear up the matter of the extent of his knowledge of the latest document handed to my associates in the State Depart- ment by those Americans and Japanese who are collab- orating as individuals in an effort to make some sort 9 , 8 6 ? of contribution to better relations between the two countries, and as to whether it was his desire to present that officially as a first step in negotia- tions between the two Governments. I again cited those phases previously referred to, which called for preliminary conversation on certain subjects before a stage of negotiations could be reached, and which discouraged the immediate presentation of the document by the Ambassador in an official way. The Ambassador promptly replied that he did hot know all about this document and that he had collaborated more or less with the individual Japanese and Ameri- cans referred to, and that he would be disposed to present it as a basis for negotiations. He proceed- ed to refer to his great desire to preserve peace between the two countries and ,therefore, to do any- thing within his power to that end. He emphasized the utter disaster it would be to both countries to go to war, which would last perhaps for many years with the complete exhaustion of all concerned. He spoke strongly expressing the view that his Govern- ment did not intend to invade the South Sea area. "Foreign Relations II, pp.402 ~ 403" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 5 | 16 I 17 18 19 20 21 22 23 24 25 7 ?e offer in evidenee IPS document No. 220 C (25) from exhibit for identification, Volume 2, exhibit 58. This is an excerpt of Secretary of State Hull, dated April16,1941. THE P R S S I Da : A d m i t t e d on the usual terns. CLERK OF THE COURT $ Prosecution's docu- ment No. 220 C (2?) will receive exhibit No. 1061. (hereupon, the document above referred to was marked prosecution's exhibit No. 1061 and received in evidence.) MR. KEENAN: (Reading) " ` O R A N D U I ! B v THE SECRETARY OF STiiTS "Excerpt. "(Washington) April16,1941 "’"'ith reference to the Question of grad- ually developing a settlement in the Orient, I said that I had been told that the document on which the Ambassador and the private group of individual Americans and Japanese were collaborating contained numberous pr&posals with which my C-overnment could readily agree; on the other hand, however, there were others that would require modification, expansion, or entire elimination, and, in addition, there would naturally be some new and separate suggestions by this Government for consideration. I then remarked + & # !   # %  9,867 that the one paramount preliminary question about which ray Government is concerned is a definite assurance in advance that the Japanese Government has the willingness and ability to po forward with a plan along the lines of the document we have referred to and the points brought up in our conver- sation in relation to the problems of, & ''! " #' '$ # $# its present doctrine of military conquest by force and the taking of title to all property and territories seized, together with the use of force as an instrument of policy; and to adopt the principles 7/Mch this Government has been proclaiming snd practicing as enbodying the foundation on which all relations between nations should properly rest. "I said: '"I will, therefore, hand to you as the basis for my preliminary question, the following four points on a blank piece of paper: Respect for the territorial integrity and the sovereignty of each and all nations. '"2. Support of the principle of non- interference in the internal affairs of other coun- tries. "'3» Support of the principle of eouality, including equality of commercial opportunity-“ 9,868 "'4. Non-d.isturbance of the status quo in the Pacific except as the status quo may be altered by peaceful means. You can answer the questions or submit them to your Government for its answer through you, as you prefer. You understand that we both agree that we have in no sense reached the stage of negotiations that we are only exploring in a purely • preliminary and unofficial way what action might pave the way for negotiations later.' "Foreign Helations II, pp. 406-407-" Prosecution offers in evidence IPS document 1339-A- (9) ! '' % %$" Mr. Churchill to IIATSUOKA, dated A p r i l 1 2 , 1 9 4 1 , handed to IUTSUOKA at Moscow. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1339-A (9) will receive exhibit No. 1062. C rr hereupon, the document above referred to was marked prosecution's exhibit No. 1062 and received in evidence.) m . KE3NAN: (Reading) "Message from the ^ifht Honorable Winston Churchill, Acting Secretary of State for Foreign Affairs, to His Excellency ”r. Yosuke MATSUOKA,is Imperial Japanese Majesty's Minister for Foreign 9 5 869 Affairs, of which a copy "fas handed unofficially to Mr. MATSUOKA by His Majesty's embassador at Moscow on April12,194-1. "(Note. - It had originally been intended thst this letter should be delivered to Mr. h   T S U O K A by F t. SHIGEMITSU who had expected to meet the Japanese Foreign Minister during his stay in Europe). "Your Excellency, "I take advantage of the facilities with which we have provided your Ambassador to send you a friendly message of sincerity and g o o d w i l l . I venture to suggest a few questions which, it seems to me, deserve the attention of the Imperial Japanese Government and peopleg "(1) Will the  %"#&e without command of the sea or comriisnd of the British daj'-light air, be able to invade and conquer Great Britain in the spring, summer or autumn of 194-1? "/ill the Germans try to do so? TW ould it not be in the interests of Japan to wait until these questions have answered themselves? "(2) e i l l the German attack on British shipping be strong enough to prevent American aid from reaching British shores with Great Britain and the United States of America transforming their '/0                           "    ) ,      whole industry to war purposes? "(3) Did Japan's accession to the triple pact make it more likely or less likely that the Ignited States would come into the present war? "(4) If the United States entered the war at the side of Great Britain and Japan ranged her- self with the Axis Powers, would not the naval superiority of the two English-speaking nations enable them to deal with Japan v/hile disposing of the Axis Pov/ers in Europe? "(5) Is Italy a strength or a burden to Germany? Is the Italian fleet as good at sea as on paper? Is it as good on paper as it used to be? "(6) Will the British Air Force be stronper than the German Air Force before the end of 194-1 and far stronger before the end of 194-2? "(7) w ill the many countries which c.re being held down by the German army snd Gestapo lesrn to like the Germans more ot will they like them less, as the yee.rS pass by? "(8) Is it true thp.t the production sf steel in the United States of America during 194-1 will be 75 million tons and in Great Britain about 12+ nillioft ton§, raaking a total of nearly 90 million tons'? If Germany should happen to be defeated as she was Isst time would not the 7 million tons of steel production of Japan be inadequate for a single-handed v;ar? "From the answers to these questions may spring the avoidance by Japan of a serious catas- trophe and a msrked improvement in the relations between Japan and Greet Britain, the great sea Power of the 'Vest. "I remain, vith great truth and respect, "Your Sxcell-i  s- obedient Servant, "(Sd) ”’INSTOW S. CHURCHILL I offer in evidence, with the Court's permission, IPS document No. 1339-A (10)e< ch is a telegram from MATSUOKA to Churchill, dated April 22,1941. THE PRESIDENT: Admitted on the usual ' %"&- CLERK OF THE COURT: Prosecution's docu- ment No. 1339-A (10) will receive exhibit No. 1063. , (hereupon, the document above referred to was marked prosecution's exhibit No. 1063 and received in evidence.) MR. ICEENAN: (Reeding) "April 22,1941 "Your Excellencye "I hrve just cnme back from my trip and hasten to acknowledge the receipt of paper, handed to me at Moscow on the evening of the 12th instp.nt by Sir Stafford Crinps with remark that it was a copy in substance of a letter addressed to me dated London, April 2,1941, and forwarded to Tokyo- "I wish to express ray apprecip.tion for the facilities with which your Government made efforts to provide our Ambassador when he wanted to meet me on the continent-  )& keenly dis- appointed when I learned that he could not come- "Your Ilxcellency may rest assured that the foreign policy of Japan is determined upon and after an unbiased examination of all the facts end a very careful weighing of all the elements of the situation she confronts, alv;?.ys holding stead- fastly in view the great racial aim and ambition of finally bringing about on the earth the conditions envisaged in %'hat she calls Hakkoichiu, the Japanese conception of a universal peace under which there vjould be no conquest, no oppression, no exploitation of any rnd all peoples- And, once determined, I need hardly tell Your Excellency, it will be carried out with resolution but with utmost circumspection, taking in every detail of changing circumstances-  9 5 873 "I p.m, believe me, "Your Excellency's obedient servant, "Yosuke I14TSU0KA." Prosecution offers in evidence document No. 219P (73) taken from exhibit for identification No. 58, Volume e)hich is sn excerpt from statement by Embassador Grew to Acting Foreign Ninister KONOYE, Tokyo, A p r i l 1 4 , 1 9 4 1 . THE PRESIDENT; Mnitted on the usual terms. * CLERK OF THE COURT: Prosecution's document No. 219P (73) will receive exhibit No,  - (hereupon, the document above referred to was marked prosecution's exhibit No.1064 and was received in evidence  MR. KSENMj (Reading) "Tokyo, A p r i l 1 4 , 1 9 4 1 "Nc.1779. "The American Ambassador in Japan (Grew) to the Japanese acting Minister for Foreign Affairs (PRINCE KONOYE). "Excellency; I have the honor to refer to my note to the Minister for Foreign affairs, No. 1738 of February 4 , 1 9 4 1 , with reference to the aerial bombardment of Kunming, China, by Japanese aircraft 9,874 on January e e ' which time the American Consulate at that place was seriously endangered, and to inform Your Excellency that American lives and property were again endangered at Kunming on April 8 by a wanton and indiscriminate bombing attack by- Japanese airplanes. "On this occasion, according to the Amer- ican Consul at Kunming, the China Inland Mission, where seven iimerican citizens Including three children were residing, was badly damaged by ex- plosions and barely escaped destruction by fire. At the same time, the house occupied by the American-citizen clerk of the Consulate, adjacent to the Mission, suffered concussion and damage in the form of broken glass, fallen plaster and tiles, and demolished electric light fixtures. "Foreign Relations I, pp. 710-711." THE PRSSIDENT: Mr. Ti11iams. MP,. "S. ̂ ILLIAim ”'e tender in evidence IPS document No. 1632"' (49), which is an entry in KIDO‘s Diary, April19,1941- TH3 PRESIDENT: Admitted on the usual terras. CLERK OF THE COURT; Prosecution's document No. 1632^ (49) will receive exhibit No- 1065. 9 5 875 ("Tiereupon, the document above referred to was marked prosecution's exhibit N o . 1065 and received in evidence  .E. 1 7ILLIAMS: '7e read prosecution exhibit N o .   "Extract from Entry from Narquis KIDO's Diary,19 April 1941. "April19,1941-(Extract). "From 1:20 p.m. to 1:43 p.m. I& re- ceived in audience by the Emperor and reported Japan's relations with the U.S. and also German- Soviet relations. Ambassador KURIJSU came to report to the Throne. I was allowed to hear his report. I talked !/ith Premier KOFOYE concerning Ambassador N0!!URA' s request for instructions. It was our con- clusion that we must bend every effort to keep good faith YJith Germany and Italy, and at the same time we ought to endeavor to realize the establishment of a new order in the Greater East Asia Co-prosperity Sphere, which is our fixed national policy." ^e offer in evidence IPS document No. 1632 ), an entry in KIDO's Diary, April e 1941. THE PRESIDENT; Admitted on the usual terms. 9,876 C L OF THE COURT: Prosecution's document No. 1632^ (50) will receive exhibit No.  - ('"hereupon, the document above referred to wgs narked prosecution's exhibit No.1066 and received in evidence.) 9,877 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 2'5 MR. E. WILLIAMS: v r e rend prosecution exhibit No. 1066: 11 'Entry from Marquis KID0 r s Diary, 28 April 1941.t "Hrving caught a cold I took a rest. At 11.30 a.m. Chief Secretary MATSUDAIM came to say that his opinion had been askc-d by the Emperor what official his Majesty should turn to for advice on diplomatic questions when the Premier, Foreign Minister and Lord Keeper of the Privy Seal were: ill sinmltaneously as is the case today, and he also asked atout the progress of deliberations on our policy towards the U.S.A. " expressed my opinions about these questions and then asked KATSUDAIRA to submit them to the Throne. In the afternoon the Chief Secretary telephoned me to say that the Emperor was well pleased with my answer, and also conveyed to mo a gracious Imperial message which advised me always to take good care of my health." | MR. LOGAN: If the Tribunal please, may Vi/e have document, exhibit No, 1066,referred to the I Translation Section? THE PRESIDENTS What do you suggest is wrong with it, Mr. Logan? 9,878 i 2 3 4 5 6 7 8 9 10 11 12 1 3 14 1 5 16 17 18 1 9 20 21 22 23 2 4 m . LOGAN: The first sentence "Secretary MATSUDAIRA came to say that his opinion" should be "my opinion,"that is, KIDO's. THE PRESIDENT: The Tribunal refers it to the Language Section. m . E. WILLIAMS: We offer in evidence IPS document No. 2529-A, which is an offer of the Japanese policy to increase the population to 100,000,000 by 1945. This has been duly authenticated, THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 2529-A will receive exhibit Ro.1067 . 0" T hGreupon, the document above referred to was marked prosecution's exhibit No. IO67 and received in evidence.) 25 9 5 879 I.R . E. WILLIAMS We read prosecution exhibit No.   "EITR.'CT FROM 'JAPAN TIMES & ADVERTISER "January e . "CABINET TAKES STEP TO 100,000,000 GOAL IN POPULATION DRIVE "EAST ASIA LEADERSHIP REQUIRES EXPANDING NUMBERS, IMPROVED QUALITIES, OFFICIALS SAY "DUAL POLICY OUTLINED GOVERNMENT WILL ATTEMPT TO RAISE BIRTH RATE, CUT DEATH TOLL "VARIOUS AIDS PROPOSED policy in the "Fundamental principles of Japan's population were decided on at the special Cabinet meeting official residence of the Premier Wednesday, Domei reports, "Mr. Kaoki HOShIKO, president of the Cabinet Planning Board, made detailed explanations on the policy while the Welfare, Education, and War Ministers expressed their opinions "V'ith minor changes, in wording, however, the draft of a bill relating to the population Dolicy was unamimously approved by the members of the Cabinet. In this connection a statement was issued by the Board of information immediately after the meeting. "According to this statement, the Government has been brought to establish a new population policy to increase the population of this country quickly and incessantly, to enhance the quality of the Japanese, and to correct the distribution of the Japanese race so as to secure the leadership of Japan over East Asia. "GOAL at 100,000,000 "To this end, the- goal for the total population of Japan proper in 1935" -- it says here by mistake 5 it should be 194-5""  has been set at 100,000,000. This is to enable J apan to expand its population without stop, to surpass other countries in the rate of population increase as well as in the quality of race, to secure adequate man power for military and economic purposes, and to keep the supremacy of Japan over other races in East Asia. "The Government will make payments to newlyweds, cut the marriageable age by three years. The goal is five children per couple. 9,881 "Efforts will be made to heighten the birth rate, and lower the death rate, and for the propagation of the view of the world based on family and race instead of the individual. "For heightening the birth rate in this country, marriages will be promoted by special bureaus designated by the Government, expenditures on weddings will be restricted, employment of women over 20 will be restricted as much as possible, and priority in materials will be given to prolific families. "Birth Control Banned "At the. same time, various systems will be instituted for the protection of mothers and infants, and birth control through the practice of abortion and use of medicines will be prohibited strictly. "In order to lower the death rate, the Government will make special efforts for the prevention of tuberculosis as well as the protection of infants from death. According to a Government plan, the death rate in Japan will be reduced by 35 per cent in the next 20 years. "As a means of elevating the quality of the nation, the Government will try to redistribute population with stress laid on the reduction of the pomilation of large cities such as Tokyo and Osaka. "Farmers Held Static 9,882 "At the same time, it will keep the farming population in this country at a certain level as the farming villages are considered to be the best source of soldiers and laborers. It will expand sports facilities for the rearing of stout and healthy youths, and institute a system through which young men can receive special spiritual and physical training for a certain period of time. "In this connection, Dr. Nobumi ITO, president of the Board of Information, told Dome! that since the establishment of the Greater East Asia Co-prosperity Sphere is the greatest mission ever delegated to the Japanese, they must hold the responsibility as the leaders of East Asia. " l To become the leader of the Orient',he said, 'the Japanese must not only expand greatly in number but elevate themselves in quality. "'To achieve this end, individualistic ideas, and the nractice of birth control in various forms, must be driven out of the minds of the publicg the view of the world based on the family and race must be filtered into them, and eerly marriages and child-bearing in many numbers should be encouraged. We novv offer in evidence IPS document No. 4059-A, a document taken from the files at Nuernberg 9 5883 and is a telegram from Ott to Ribbentrop, dated May 6,1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 4059-A will receive exhibit No. 1068. (^hereupon, the document above referred to wcs marked prosecution's exhibit No. 1068 and received in evidence.) IB. E. WILLIAMS: We read prosecuiion exhibit No. 1 0 6 8 : — THE PRESIDENT: It is a very long document. MR. E. WILLIAMS: It is long. THE PRESIDENT: '̂e will hear it after the- luncheon adjournment. We will rccess now until half past one. (V'hereupon, at 1155 a recess was taken.) 9,884 AFTERNOON SESSION                     The Tribunal met, pursuant to recess, at 1330. MARSHAL OF THE COURT: The Interrfational Military Tribunal for the Far East is now resumed. THE PRESIDENT: Mr. Williams. MR. E. WILLIAMS: V/e read prosecution's exhibit No. 1068: (Reading): "Telegram (Secret Cipher Process) "Tokyo, 6 May 194-1 1110 S. "Arrival 7 May 1941 100 Hours "No, 685 of 6 May Most urgent 1 "Re: Telegram No. 676 of 5 May for the German Foreign Minister "For the German Foreign Minister. "Today I had a rather long conversation with MATSUOKA whom I told the points of view contained in the foregoing telegram. MATSUOKA entirely agree with my trend of thought, asking me to explain his conception of the present situation to the German Foreign Minister as follows: "He read the speech of the Fuehrer yesterday and is extremely impressed by the sureness and wisdom of the arguments. On the other hand, ROOSEVELT seems 9,885 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to hiin to have completely lost his head., judging from his hysterical invectives. Impressed by the Fuehrer's speech, he has sent to the German Foreign Minister through the Japanese Embassy in Berlin a telegram, of which he handed me a copy. "Turning to a discussion of the overall situation MATSUOKA stated that he intended to acqnant me with the American proposal ss soon es he had achieved acceptance of his viewpoint by the authoritative quarters within the country. The American proposal probably originates in a report to WASHINGTON by the American jUnbassador in MOSCOW he has known him for a long time and had a frsnk discussion with him at MOSCOW while on his trip back. The American Ambassador, who did not conceal his critical attitude towards ROOSEVELT, asked him what JAEAN would do in case the United States should join the war. He replied that then Japan likewise would in any esse inunedistely join the war on the side of the Axis powers. The Ambassador tried to soft pedal this view point in that he tried to represent Japanese interference as possible in his report to WASHINGTON. He (MATSUOKA), however, emphasized most clearly that Jspen would then strike. "Even on his way back to TOKYO he expected 9,85 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 23 2 4 25 participation in the wer will continue et a ouick pace. Just now he is having investigated the question whether a Japenese protest is not called for even ageinst patrolling activity on the part of American srmed forces amounting to the arbitrary creation of an American safety zone. "He v/o-uld be grsteful for he earliest possible information on the views of the Germen Foreign Minister concerning the American propsal /T.N. to be used/ for the -unavoidable domestic political discussion. "As to the conclusion of the Russo-Jeppnese neutrality pact, MATSUOKA reported that right after his departure from BERLIN, he did not envision the possibility of the settlement. During the conver- sation i"ith the Germc-n Foreign Minister he also voiced this saying he would p.ccept only in esse RUSfcIA showed readiness. In his opinion the neutrality pact was the off-shoot of Russian fear of Germany. He found STALIN absol’‘.;t;ely willing to keep the peace. ST UN assured him that there could be no question of RUSSIA 1 s concluding a pact with the Anglo-Saxon powers. One cf his (MATSUOKA 1 s) motives for con- cluding the neutrality pact had been to provide another hindcrr-nce to this pact. According to 9 586 STALIN, the SOVIET Union did not join the Tripartite pact because the allied powers were not in need of Russian assistance. However, in case this was nec- essary, RUSSIA is prepared to co-operete extensively with the Tripartite powers. When ? remarked that the SOVIET Union wanted to protect its rear and asked whet attitude Japan would adopt regarding American shipments of armaments via VLADIVOSTOK in case of a German-Russian conflict, MATSUOKA answered as follows: No Japanese Premier or Foreign Minister would ever be able to keep Jeppn neutrel in the event of e German-Russian conflict. In this case, Jap?.n wotild be driven, by the force of necessity to attack Russia h ' Germany 1 s side. No neutrality pact could change this. Finelly MATSUOKA voiced his opinion that American partici- pation in the war cculd induce the Fuehrer to resolve •upon a solution of the Russian cuestion by violent means in order firmly to secure areas of supply, because the war would then probably drag on for a longer tern. He is personally convinced of a speedy victory of the German forces in this case. "I thanked MATSUOKA for his frank utterances, promising him to ask the German Foreign Minister for an opinion as socn es possible." 9 587 "During my conversation today I have, of course, continued in ray endeavors to direct Jepsnese policy toward SINGAPORE, in opposition to American interference menoetivers end against the existing Japanese tendency to pay attention primarily to RUSSIA. "OTT." 9 588 MR. E. WILLIAMS (Continuing): I now offer in evidence I. P. S. document No. 219P (74) from an exhibit marked for identification under 58, Item One, eycerpt from communication of Ambassador Grew to T 'IATSU0KA, dated May 6,1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 219P (74) will receive exhibit No. 1069. ("Thereupone'he document above referred to was marked prosecution's exhibit No. 1069 and received in evidence.) m . E. WILLIAKS: %  prosecution's exhibit No.  g "THE A_CAN AJffiASSADOR IN JAPAN (GREW) TO THE JAPANESE MIKIST3R FOR FOREIGN AFFAIRS (tiATSUOKA) "Excerpt "No. 1793 "TOKYO, Hay 6,1941. "EXCELLENCY: I have the honor to refer to my note No. 1779 of April14,1941, addressed to Prince KCNOYE during Your Excellency 1 s absence from Japan, concerning the repeated indiscriminate bombing of Kunming by the Japrnese aircraft, and the danger to American lives and damage to American property caused thereby, and to inform Your Excellency that according                              '$ # $%"' $# received from the American Consul at that city, the Consulate was again seriously damaged during an air raid on April 29,1941. Window glass and screens were blown out; plaster, a large memorial tablet, and part of a wall were knocked down; and dirt and debris were blown into the Compound. Fortunately, there appear to have been no casualties. 11 We offer in evidence I. P. S. document No. 220C (26) from exhibit  Volume II, for identi- fication. This is a draft proposal handed by the Japanese Ambassador NOMURA, to the Secretary of Str^te, May 12,1941. THE PRESIDENT: Admitted on the usual terras. CLERK OF THE COURT: Prosecution's documont No. 220C (26) will receive exhibit No. 1070. (thereupon, th^ document above referred to was marked prosecution's exhibit No. 1070 and received in evidence.) MR. E. WILL I A!, S : l e read prosecution's exhibit No. 1070: "DRAFT PROPOSAL HANDED BY THE JAPANESE AMBASSADOR (NOMURA) TO THE SECRETARY OF STPTE ON MAY   . "CONFIDENTIAL MEMORANDUM AGREED UPON BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF JAPAN. "The Governments of the United States and of Japan accept joint responsibility for the initiation and conclusion of a general agreement disposing the resumption of our traditional friendly relations. "Without reference to specific cnuses of recent estrangement, it is the sincere desire of both Governments that the incidents which led to the deterioration of amicable sentiment among our peoples should be prevented from recurrence nnd corrected in their unforeseen and unfortunate consequences." THE PRESIDENT: Is this any different from that handed in this morning? MR. E, WILLIAMS: Yes, sir, The one handed in this morninp was a proposal by some independent persons submitted to the State Departments of the Government. This is an official,confidential draft proposal submitted bv Japan. THE PRESIDENT: The phraseology seems familiar. MR. E. WILLIES j It is very similar, your Honor. I may say, if the Court please, that several of these proposals and counter-proposals, each of them have phraseology very similar but differ substantially in details. I continue to read from prosecution's exhibit No. 1070. 9 591 (Reading continued)g "It is our present hope that, by a joint effort, our nations may estab- lish a just peace in the Pacific. r.nd by the rapid consummation of an entente cordiale (amicable under- standing) ,arrest, if not dispel,the tragic confusion that now threatens to sngulf civilization. "For such decisive action, protracted negotiations would seer" ill-suited and voakening. Both Governments, therefore, desire that adequate instrumentalities should be developed for the realj- zation of a general agroement which would bind, noan- while, both GovGrnments in honor and in act. "It is our belief that such an understanding should comprise only tho pivotal issaos of urg-?nc7 and not the accessory concerns which could be deliber- ated at a conference nnd appropriately confirmed by our respective Gcvernments„ "Both Ck:.,.er.imcnts presume to anticipate @ h a t they could achieve C % . m o n . B $ ( & . , .‘‘. .f _ £ t i o n s if certain situations and attii'Jdes were if led or improved; to wit: "1.Tho conccpts of the United States and of Japan respecting intrrnational relations and the character of nations. "2. Tho attitude of both Governments toward 9 592 the European War. Q "3. The relations of both nations toward the China Affair. "4. CommGrce between both nations. "5. Economic activity of both nations in the Southwestern Pacific area. "6. Th a policies of both nations affecting political stabilization in the Pacific %-. "Accordingly, wo have come to the followinr mutual understanding:-- " 1 . T h e concepts of the United States and of Japan rrsrecting international relations ?.nd tho character of nations. "The Governments of the United States and of Japan jointly acknowledge each other as equally sovereign states and contiguous Pncific powers. "Both Governments assert the unanimity of their national policies as directed toward the foun- dation of a lasting p^ace and the inauguration of a new era of respectful confidence and cooperation among our peoples. "Both Governments declare that it is their traditional, and present, concept and conviction that nations and races compose, as members of a family, one householdg each equallv enjoying rights and admintxn^ responsibiltt?gs with a mutuality of interests rsgu- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lated bv peaceful processes and directed to the pursuit of their moral and physical welfare, which they -ire bound to defend for themselves as they are bound not | 5 | to destroy for othorsg they further admit their responsi- 6 f  ! ' & '$ oppose the oppression or exploitation of 7 M   c k w a r d nations. 8 "Both governments ar? firmly dptermined that I their respective traditional concepts on the character of nations and the underlying moral principles of social order and national life will continues to bo preserved and nevrr transformed by .foreign ideas or ideologies contrary to these moral principles and conceiDts. "II. The attitude of both Governments toward the European VJar. "The Governments of the United States -and Japan make it their common aim to brinp about the world peace; they shall, thcrrfore,jointly endeavour not only to prevent further extension of the European War but also speedily to restore prace in Europe. "Tha Government of Japan maintains that its alliancs with the Axis Powers was, and is, defensive and designed to prevrnt the nations which are not at prnsr-nt directly affected by the European War from 9 594 engaging in it, "The Government of Japan maintains that Its obligations of military assistance under the Tripartite Pact between Japan, Germany and Italy will be applied in accordance with the stipulation of Article 3 of the said Pact. "The Government of the United States main- tains that its attitude toward the European War is, and will continue tc be, directed by no such aggressive measures as to assist any one nation against another. "The United States maintains that it is pledged to the hatp of war, and accordingly, its attitude toward the European War is, and will continue to be, detGrrnincd solelv and exclusively by corsider- ations of tho protective defense of Its own national welfam and security. ’'III The relations of both nations toward the China Affair. "The Govcrnracnt of the United States, acknowledging the three principles as enuncinted in the KONOYE Statement and the principles set forth on the basis of the srid three principles in the treatv with the Nanking Government as well as In the Joint Declaration of Japan, Manchukuo and China and relying UDon the policy of the Japanese Government 9 595 to establish a relationship of neighborly friendship with China, shall forthwith request the Chiang. Kai- shpk regime to negotiate peace with Japnn. ”IV Comnerce between both nations. "When official approbation to the present Understanding has been given by both Governments, the United States and Japan shall assure each other to mutually supply such commodities as are, respective- ly, available or required by either of them. Both Governraonts further consent to take necessary steps to the resumption of normal trade relations as formerly- established under the Treaty of Cominerce and Navi- gation between the United States and Japan. "V. Economic activity of both nations in the Southwestern Pacific area. "Having in view that the Japanese expansion in the direction of the Southwestern Pacific area is declared to be of peaceful nature, American cooperation shall be given in the production and procurement of natural resources (such as oil, rubber, tin, nickel) which Japan needs. "VI The policies of both nations affecting nolltical stabilization In the Pacific area. "a. The Government of the United States and Japan jointly guarantee the independence of the                 &           Philippine Islands on the condition that the Philippine: Islands shall maintain a status of permanent neutralityj The Japanese subjects shall not be subject to any discriminatory trea :mGnt. "B. Japanese immigration to the United States shall receive amicable consideration -- on a basis of equality with other nations and freedom from discrim- ination. "Addendum. "The present understanding shall be kept as a confidential nemoranciu!n between @ h e Governments of the United States and of Japan. "The scope, character and timing of the announcement of this understanding will be agreed upon by both Governments. "(ANMBX) "ORAL EXPLANATION FOR PROPOSED Al,iENDIffiNTS TO THE ORIGINAL DRAFT. "II. Par. 2. "Attitude of Both Governments toward the European Vfer. "Actuallv the meaning of this paragraph is virtually unchanged but we desire to make it clearer by specifying a reference to the Pact. As long as Japan is c? member of the Tripartite Pact, such stipulation as is mentioned in tho understanding seems unnecessary. "If we must have any stipulation at all,in addition, it would be ir-portant to have one which would clarify the relationship of this understanding to the aforementioned Pact. "Ill "China Affair. "The terras for China-Japan peace as proposed in the original understanding differ in no substantial way from those herein affirmed as the 'principles of KONOYE'. Practically, the one can be used to explain the other. "Tie should obtain an understanding, in a separate and secret document, that the United States would discontinue her assistance to the Chiang Kai-shek regimr if Chiang Kai-sh?k doos not accept the advice of the United States that he enter into negotiations for peace. e , for any reason, the United States finds it impossible to sign such a document, a definite pledge by some highest authorities will suffice. "The three principles of Prince KONOYE as referred to in this paragraph are: "1.Noighborly friendship; "2, Joint defense against conmunismj               ”3. Economic cooperation -- by which J2pan does not intend to exercise economic monopoly in China nor to demand of China a limitation in the interests of Third Powers- "The following are implied in the afore- side principles; " 1 . H u t u a 1 respect of sovereignty and territories ? 9,900 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 "2.llutual respect for the inherent characteristics of each nation cooperating as good neighbors and forming a Far Eastern nucleus contrib- uting to world peace; "3. Withdrawal of Japanese troops from Chinese territory in accordance with an agreement to be concluded between Japan and China; "4. No annexation, no indemnitees; " I n d e p e n d e n c e of Manchoukuo. "III. "Immigration to China. "The stipulation regarding large-scale immigration to China has been deleted because it might give an impression, naybe a mistaken impression, to the Japanese people who have been offended by the past innigraticn legislation of the United States, that America is now taking a dictating attitude even toward the question of Japanese immigration in China. "Actually, the true meaning and purpose of this stipulation is fully understood and*accepted by the Japanese Government. "IV. • . 1 'Naval. Aerial and Mercantile Marine Relations. "(a) and (c) of this section have been deleted not because of disagreement but because it 9,901 2 3 4 5 6 7 S 9 10 11 12 1 3 j 1 4 | 15 l 16 j 17' 18 I 19 | 20 j  b    j 2 4     )$(!  "$% practical, and possible, to determine the disposition of naval forces and mercantile marine after an understanding has been reached and relations between our two countries improvedg #  ' % $(% present China commitments are eliminated. Then we will know the actual situation and can act accordingly. "Courtesy visit of naval squadrons• "This proposal,(b) of IV might better be made a subject of a separate memorandum. Particular care must be taken as to the ' " #  "## % # scope of carrying out such a gesture. "V. "Gold Credit. "The proposal in the second paragraph of V has been omitted for the same reasons as suggested the omission of paragraphs (a) and (c), "VI. ''Activity in Southwestern Pacific Area. "The words, in the first paragraph, 'without resor"ing to arms,' have been deleted as Inappropriate and unnecessarily critical..Actually, the peaceful policy of the Japanese Government has been made clear on many occasions in various statements made both by the Premier and the Foreign Minister. "VIII (VII). 9 5902 "Political Stabilization in the Pacific Area. tac paragraph (a) implying military and treaty obligation would, require, for its enactment, such a complicated legislative procedure in both countries, we 00 nsider it inappropriate to include this in the pre^enb •understanding. "Paragraph (b) regarding the independence of the Philippine Islands has been altered for the sa^e reason* "In paragraph (c) (c) the words 1 and to the Southwestern Pacific Area : have been omitted because such questions should be settled, as necessity arises, through direct negotiation with the authorities in the Southwestern areas by the Governnents of the United States and of Japan respectively. " C o n f e r e n c e . , "The stipulation for holding a Conference has been deleted. We consider that it vjould be better to arrange, by an exchange of letters, that a conference be-cweon the President and the Premier or between &( 'J ! representatives of t s eirs will be considered when both the United States and Japan deem it useful to hold such a conference after taking into due con- sideration the effect resulting from the present understanding. 11 9 5 903 "Announcement. "In regard to the statement to be Issued on the successful conclusion of the present under- standing a draft will be prepared in Tokyo tnd cabled to Washington for the consideration of the United States Government." A Q,904 E $ % # evidence I. P. S. document No. 220C (27) from exhibit for identification 58, Volume II. This is a draft suggestion from the Secretary of State to the Japanese Ambassador on May  e -1. THE PRESIDENT: Admitted on the usual terms. CLEFK OF THE CDURT: Prosecution's docu- ment No. 220C (27) will receive exhibit No. 1071. (hereupon, the document above referred to was marked prosecution's exhibit No, 1071 and received in evidence.) MB. E, TTLLIAMS: "/e read prosecution's exhibit No. f " ( T x 2) "DRAFT SUGGESTION A HANDED BY THE SECRETARY OF STATE TO THE JAPANESE A1IBASSAD0R ON MAY 16,1941. "II. THE ATTITUDES OF THE UNITED STATES AND OF XAPhN TOWARD Tff] HJROPEAN WAR. "The 4vei6,msirt of Jepan declares that the purpose of its Axis /Ifiance was and is defensive and is designed bo prevent - che nations which are not at present engaged in the European <ivjv from participating therein, arid declares that icn cblife&tions of military assistance under the Tripartite Fact between Germany, Japan and Italy come into force only if and when one 9 5 905 of the parties of the pact is aggressively attacked by a power not at present involved in the European hostilities. "The Government of the United States de- clares that its attitude toward the European hostili- ties is and will co ntinue to be determined solely and exclusively by considerations of protection and self-defense: its national security and the defense thereof. "The Government of Japan further declares that it is under no commitment under its Axis Alliance or otherwise vt ich is inao nsistent with the terms of the present declaration of policy and intention agreed upon between the Government of Japan and the Government of the United States. "(ilnnex 3) "DRi^T SUGGESTION B HANDED BY THE S] K T[ OF STATS TO THE J1PMESE A1BASSAD0E ON MIY 16,1941. "III. CHINA i^FFAIRS. ,,T, /hen this declaration of policy and in- tention, including the provisions of this section, is agreed upon and both Governments have given it their approval and commitment, the President of the United States will suggest to the Government of Japan and the Government of China that those Governments 9 5906 enter into a negotiation for a termination of hostilities and resumption of peaceful relations on a basis as follows: "a. Neighborly friendship. *'b. Mutual respect of sovereignty and territories. "c. Withdrawal of Japanese troops from Chinese territory in accordance with a schedule to be agreed upon. "d. No annexation, "e. No indemnities. "f. Equality of commercial opportunity in terms of and with conditions of fair treatment for all concerned. "g. Parallel measures of defense against subversive activities from external sources. M h . The question of the future of Man- churia to be dealt with by friendly negotiations, "(/nnex 4) "DR/JT SQGGSSTION C HANDED 3Y THE SECRETLY OF S M E TO THS JAPANESE /JffiilSSADOR ON  ,1941. "V. ECONOMIC ACTIVITY OF BOTH NATIONS IN THE SOUTHWESTERN PACIFIC iHEA. "On the pledged bpsis of guarantee that Japanese activity end American activity in the 9 , 0 7 Southwestern Pacific area shall be carried on by- peaceful means, the Japanese Government and the Government of the United States agree to cooperate each with the other toward ensuring on the basis of equality of opportunity equal access by Japan and by the United States to supplies of natural resources (such as oil, rubber, tin, nickel) which each coun- try needs for the safeguarding and development of its own economy." 9 5 908 G r e e 2 n Id 3 e r 4 g 5 & 6 B 7 a / r t 8 0 9 n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wg offer in evidence IPS document 219P (75) from exhibit for identification 58, Volume I. This is an excerpt from statement of Mr. Grew to MATSUOKA, dated May 17, W l . THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 219P (75) will receive exhibit No. 1072. (Whereupon the document above re- ferred to was marked prosecution's exhibit No. 1072 and received in evidence.) MR. E. WILLIAMS: We read prosecution's exhibit No. 1072: "THE AMERICAW AMBASSADOR IN JAPAN (GREW) TO THE JAPANESE MINISTER FOR FOREIGN AFFAIRS (MATSUOKA) "Excerpt. No. 1802 "TOKYO, May 17,1941. "EXCELLENCY: With reference to my note No. 1793 of May     , concerning repeated indiscrimin- ate bombing of Kunming by Japanese aircraft, and the consequent danger to American lives and damage to American property, I have the honor to inform Your Excellency that the American Consul at Kunming has reported that the Consulate was again damaged during a Japanese air raid on May 12,194-1. Fragments of 9 5 909 bombs were scattered in the Consulate Compound and one piece broke through a wirdow into a residence bedroom. "Moreover, during this same raid, the larger part of the Compound occunied by Mr. Stanley McGeary, an American clerk of the Consulate, was destroyed and his residence so damaged as to render it barely habitable, and for the third time recertly the China Inland Mission, where a number of Air.ericans live, was damaged and the residence there of Mr. E. L. Crapuchettes, an American citizen, was partly demolished. 11 We now tender in evidence IPS document No. 4060-A which is a document taken from the Nuernberg files and is a telegram from Ott to Ribbsntrop, dated May       , and is numbered IeG-8. THE PRESIDENT: Admitted on the usual terms. CLEBK OF THE COURT: Prosecution 1 s document No. 4060-A will receive exhibit No. 1073. (Whereupon, the document above re- ferred to was mnrked prosecution's exhibit No. 1073 and receivc-d in evidence.) MR. E. WILLIAMS: We now read prosecution's exhibit No.  f 9 5 910 "Telegram (Secret Cipher Process) "Tokyo,18 Mp.y 1941 Arrivall8 May 1941 "No. 759 of 17 May "Marginsl Note; Sent on to FUSCBL under No. 1573 18 May 3.25 hours Tel. Ktr. "For the German Foreign Minister "Rei Telegram of 15th, No. 622. "Today I hpve carried out the instructions of the above mentioned telegram during a long con” versation with Foreign Minister MATSUOKA. "I stressed the especially intense regret of the Germ£n Government that the Gerr...?n views of 11 May were not awaited before the reply to WASHINGTON wps sent off. Making use of the arguments of tele- gr?K No. 592 of 11 May rnd No. 622 of 15 Mpv,? have pointed to the necessity of mpking i.merica give the most clear h # precise assurance not to perticipste in the Luropean conflict5 I rlso pointed out that the formulation employed in the Japanese reply re Article 3 of the Tripprtite Pnct, constitutes the absolute minimum of what nust be dempn^ed in view of the Tri- partite Pact, The German Government must insist on being imn:ecif?tely informed on the Aniericpn reply, ss well es to be admitted to further negotiations be- tween JAPAN rnd the USAg “9,9X1 "MATSUOKA pointed to his oral con^unicption to HULL, reported in telegram No. 733 of (groups garbled), as well p.s to his conversations with the British and Anierican ambrssadors, reported in tele- gram 750 of 15 May, which showed that he would not jolt the Tripartite Poet. During a secret Cabinet Session he hfd called upon members of the Govern- ment clearly to acknowledge Jgprn's obligations under the Tripartite Pact on their part too, in rll of their conversrtions, ikll netbers of the Crbinet h?.d h % unanimously. Besides he views the chances of the Japnnese-iiEerican Negotiations rcost skeptically, end as heretofore he counts on iiiiericn' s entry into the War in the near future. His sole r::otive in the neg- otiations with USA is, if possible, tc postpone or prevent the entry of the United States into the war rnd furthermore to clir:inr te the increase of the present •American assistance to Engl r ?nd. "HULL hss not yet taken a stem', regarding the Japanese proposal, merely promising a study which w :uld trke a certain amount of tir;.e. He will immed- iately inform us of the Jlmericcn reply, also keeping abreast, rnd ps far as possible consulting with the allied governments of Germpny rnd Itply on the fur- ther course of the negotiations. When I den;nnded to 9 5 912 be admitted to the coming phase, be replied that he would meet our desire to ? grent extentg he could, however,not promise rlwrys to await the views of the Jixis powers, especially when a quick utterance was * absolutely essential.? cogently requested M/.TSU0KA to do nothing without Japan's allies in these nego- tiations, which concerned the Tripartite Poet in its entirety. "Domestic political influences, to whose pressure J/^TSUOKit hrs yielded in the fp.ee of the allegedly irr^inent American entry into the ^'ar, can be found an^ong certain e.nglophiles of the Court, such rs Imperial Household Minister MATSUDAIR/” ex- ponent of industry and big noney, such ss Minister Without Portfolio OGURig, and some influentipl Navy officers with whor. Arnhnssador Adnirsl OPTUR/./TK: NOMURA/ has apparently worked, together in WASHINGTON. This group was joined by elements of the army who ., )#' '$  # tir..e in order to retain freedom of action in view of the uncertninty of RUSS?L ('(% attitude. .Minister of the Interior, HI\has probably scted in tfee cane i"ay; he had to resign when the Gernan«I ; iussi<' s n non-'aggressian pse-t wss concluded, being e chaiapion of a Gfcrnian'»'Jap?nese ellipnce against JOJSSIiU B'ina^ly, the setivist -group which is closely 9,913 working together with the Eabassy, is at present weakened by the sericus illness of SHIMTORI who was left the political struggle on sccount of a serious and apparently insurable illness. "OTT" 1 9 20 21 22 2 3 2 4 2'5 9 5 914 We now offer in evidence IPS document No. 220C (18) from exhibit for identification H  e Volume II, which is an excerpt from a summary of conversa- tions prepared by the Department of State on May e  (' % !' # '$ conversations between United States and Japan in 1941. .THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURTf Prosecution's document No. 220C (18) will receive exhibit No. 1074. (Whereupon, the document above re- ferred to was marked prosecution 1 s exhibit _ No. 1074- and received in evidence.) MR. E. WILLIAMS: We read prosecutiorJ s exhibit No. 1074: "SUMMARY OF OOKYERSmONS "MEMORANDUM PREPARED IN THE DEPAPTMENT OF STATE »(WASHINGTON,) MAY 19,1942. "ACCOUNT OF INFORMAL CONVERSATIONS BETV^EN THE GOVERN- MENT OF THE UNITED STATES AND THE GOVERNMENT OF JAPAN, 1941. "Excerpts. "'The equilibrium in the Far East which fed been established by the Washington Conference treaties of 1921-1^22 became seriously disturbed by the setting up by forceful means in a part of Chlnn of a regime 9 under Jfrnsnese control under the nr.me of "Manchukuo". This control over M?ncburia hrs been marked by the carrying out of s policy of discriminction which has resulted in forcing out Americ?n rnd other foreign interests. " 1 During the years that followed, Jgpsn vent stcr.dily forward in her Dreperrtions for expansion bv force of srms. In December 1.Q3 4 ? she gave notice of her intention to terrain?te the nrvpl treety of Feb- r-a?ry    . She then proceeded vdth intensified construction of militrsry r.nd nrval rnmsments, rt the seme time undertsking, from time A $ time, limited actions directed toward ?.n extension of her dominrtion over China and involving disregard snd destruction of the lrwful rights snd interests of other countries, in- cluding the United States. "'In July 1937, the r.rmcd forces of Janan embarked upon large-sc?le nilitnry operations ssainst China. Invading forces of more thsn a million men oc- cupied lcrge h % $ & #!$# the serboard end in the cen- tral provinces. In these rre?s there were set up puppet regimes which instituted systems of controls snd monopolies discriminrtory in f?vor of the inter- ests of the invading country. e  ' hss been clecr throughout that Japan 9,916 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hrs been actuated from the strrt by brord h # " ' $(& plans for estcblisMnp herself in a doninsnt position h # the entire region of the Western Pacific. Her leaders heve openly declared the^ r determinrtion to achieve h # "% #' # thrt 4 $ ? i t i o n bv force of arms rnd thus to mrke themselves mrsters of an srer con- teininp; almost one-h?If of the entire uopul^tion of the world, Ls a consequence, thov would hrve arbi- tr?ry control of the sec end tr^de routes in that region. '"Previous exnerienre and current develop- ments indicr.te thrt the proposed "new order" in the Pacific eree means, politicr.l3v, domination by one country. It neans, oconoTnic^llv, employment of the resources of the area concerned for tho benefit of thr.t. country r.nd to tho ultimrte impoverishment of other Dorts of the area h # exclusion of the interests of other countries. It inGsns, socially, the destruc- tion of oersonrl liberties ?nd the reduction of the conquered peoples to the role of inferiors. “'It should be manifest to every person th?t such a nrogram for the subjugrtion f.nd ruthless ex- ploitation by one country of nearly one-heIf of the population of the world is a nu-.t.ter of immense signi- fic?nce, importrsnce h # concern to every other nation 9 5 917 wherever located. ^ "'Fotwitbstanding the course which Jrpan has followed during recent yerrs, this Government h?s made repeated efforts to persuade the Japanese Government thot her best interests lie in the development of friendly relations …ith. the United. Strtes rnd with other countries which believe in orderly rnd peaceful processes rrnong nations. 15 'e hnve at no time mode nny threats•‘“ 9 5 918 We offer in evidence IPS document N o . " 1383B (18)e  ' ! %" %$" OSHIMA to MATSUOKA, dated May 20,1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution's document No. 1383B (18) will receive exhibit No. 1075. (Whereupon, the document above re- ferred was marked prosecution's exhibit No, 107? and received in evidence.) MR- - WILLIAMS: We read prosecution's exhibit No.10758 "Copy of the Telegram of Ambassador OSHIMA to Foreign Minister MATSUOKA, dispatched on 20 May (T.N. Year is missing) (1941?) No. 567 "In connection with the rumor that you are going to America, I heard various rumors here concern- ing the problems of the negotiation between Japan and America. Although from the interview with Ribbentrop on 5th May, I learned that it was not a mere rumor. Although I intended to go on without touching this matter, in view of the tendency of this matter, and considering the future of Japan and of the influence of the Tripartite Pact, I can not remain without some deep thoughts. As I believe that it is my duty to inform vou of the opinion of the 9 5 919 German staff and also of my frank opinion, I send the separate telegrams No, 568 and No. 569. "What I want to mention to you now is as follows: "You showed me the reason why you did not inform this matter to the Italian Ambassador in Ger- many two times recently. However, presently I have no intentions of sounding out the problem of the con- fidence in me or of my position towards the people during the present critical period when the whole of our nation should act upon the 'Way of the Imperial Subjects' as its primary principle. Much less do I try to sound your opinion, for the practice and tech- nique of diplomacy belong to your department. "But what I cannot understand is that you think it is unnecessary to have me report the opin- ions of the Staffs of Germany and Italy, when the Japanese-American Agreement which has a very delicate relation with the Tripartite Pact, is about to be con- cluded. Therefore, from the standpoint of my duty as an Ambassador to Germany,? could not keep silent, and I expressed my opinion frankly in the separate telegrams, although it might be unnecessary. I beg you to take these circumstances -into consideration. (End)" 9 5 920 "Copy of the Telegram from Ambassador OSHIMA to Foreign Minister MATSUOKA. No. 568 " 1 . O n 3rd May Foreign Minister RIBBFNTHOP asked me to visit him. When I called on him I was in- formed about the telegram regarding the Japanese- American negotiation. Ke said that although the tel- egram was to be kept a secret from me and the Italian Ambassador, as a friend to me, he revealed it to me for ray personal understanding, since the matter is extremely serious. He then showed me the draft re- garding the agreement proposed by America on 16 April. The draft consisted of four articles. He (RIBBFHTROP) confessed that he was quite at a loss to understand the real intention of the Japanese government, so I answered him that Japan was observing the Tripartite Pact as the basis of its diplomacy, as you (Foreign Minister MATSUOKA) had clearly stated on your previ- ous visit to Germany. I further told him that, accord- ingly, there was no reason to conclude such a treaty- bet we en Japan and America contrary to the Tripartite Pact. Thus, I avoided being concerned in this matter, "2. But on 9th of May RIBBENTROP asked me to visit him again, and he showed me OTT 1 s telegram of the draft of the intermediary answer of Japan to America arid also the telegraphic record of the con- 9 5 921 ference between you and OTT which was held on 6th of May. RIBBENTROP seemed to have understood the affair clearly from the frequent telegrams sent by OTT, and according to the said intermediate reply, it is supposed that Japan has consulted regarding the understanding with America to a considerable ex- tent, and to tell you frankly, according to the in- formations that Germany has gathered, from various sources, there is a report that the proposal was made by Japan. Gathering from the conversation of For- eign Minister MATSUOKA and OTT, it seems to me that Foreign Minister MATSUOKA was compelled by a certain group to consent to it. Moreover, it is reported that Foreign Minister HATSTJOKA during the course of that conference stated that Japan will participate in a Russo-German war, if it should break out. When Foreign Minister MATSUOKA visited Germany recently, he said, as his personal opinion,that Japan was going to attack SINGAPORE, but it seems that you have changed your opinion. "I have some doubts as to the true inten- tion of ROOSEVELT. "If you should become obliged to conclude this agreement in order to avoid the participation in a remotely possible war, the Tripartite Pact would 9 5 922 in reality become meaningless even if it may be poss- ible to hit upon some legal pretext. Moreover, I believe that in Japan 1 s progress, she will lose the chance to establish her right for leadership in East Asia. After lengthy thoughts concerning this prob- lem, I thought of the following two plans from the German viewpoint. "(a) Plan to refuse the proposal of Ameri- ca. "(b) Plan to conclude the Japanese-Arneri- can agreement under the condition that America main- tain a neutral attitude without extending 'convoy 1 patrol lines. "RIBBENTROP asked my (Ambassador OSHIMA) opinion, saying that he wished to report, plan (a) to the Fuhrer as he believed it to be a good one. Therefore, although I did not receive any instruction, I conjectured the intention of the Japanese government from common sense, and, as my personal opinion, insis- ted upon plan (b) explaining that (b) would be much more advantageous to Germany. The reasons that I ex- plained to RIBBFNTROP wore as follows: "If plan (b) are adopted, Germany will be able to fight a single combat against Britain and terminate the war in a short time. Again, although it P.ight be vi^hful thinking, perh?ps the 'ROOSEVELT faction' m?y recognize the fret that America's assis- tance to Eritein vovld. be useless, and would m?ke it b reason to ellevipte America's essistence to Britein. •"Even in c?se of its failure, it is useful ct lerst for ascert?ining ROOSEVELT's h c t u e l inten- tions concerning the FPsistrnce to Britein. Thirdly, it V7iil enp.bL those Je-prnese who h  # ' the cooperation with America to realize its impossibility. However, RIBEENTEO? srid thst Americ? v/ould utilize this nego- tistion to estrange Jppan from Germany, ss long h & this negotiation continued, snd he repeated the seme • - thing in telegrpm No. 5̂ -5 (dispptched to TURKEY, No. 11). He further strted thfrt it is possible for Americe to utilize it fs prop?gende material to convince the enti-wpr faction in America th?t Aineric? could now edvencc to the Atlrntic Oceen because of the elimin?tion of ep^rehension in Pacific rree, m d conseauently the siturtion YJould become very drngeroois to Germrnj, Therefore, he did not agree with my opinion, rnd srid that rt rny rrte this problem h?s not yet been decided by the Puhrer, so he vpnted 9 5 924 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 to send a telegram on the evening cf the seme gkay 2  '$ the Fuhrer, who was out of BERLIN, for a decision. At the same time, he wished to report my opinion to the Fuhrer. Then I asked him whether or not he had‘consulted with Italy already, To my auestion he answered that Italy had plreedy received all the reports from Ambassador INDSRLI, "but he hsd not yet consulted directly rith the Italian govern- ment ,but that as soon ss he received the decision of the Fuhrer, he wished to send the telegram to OTT so that he might consult Italy. "2. As I nade a promise to Prime Minister MUSSOLINI to visit him at the beginning of this month, I started fcr ROME on the night of the 10th. On the morning of the 12th, Minister BISMARCK visited me, and by orders of RIBBENTROP, he showed me the telegraphic instructions to OTT end added that the Italian government hsd the same opinion as C-ermsny. After ? %  that instruction, I recognized that the F-uhrer had mar^e a different decision from that cf EIBBENTROP. In the afternoon of 13th, RIBEENTROP flew unexpectedly to HOIffi end met MUSSOLINI F nd 24 CIANO on the sare day, end asked me to visit him 25 on the morning of the 14th. When I went to see him, he showed m.e the telegram from OTT concerning 9,925 2 4 5 6 7 8 9 10 11 12 1 3 14 15 16 1 7 18 19 20 21 22 2 3 2 4 20 the interview on the 12th, between you (Foreign Minister MATSUOKA) and the two Ambassadors of Germany end Italy in Tokyo. He expressed deep discontentment at your statement that you had been in a position where you were compelled to commence with the negotiation with America and that because of internal reasons, you were unable to aw?it the arrival of opinions from Germany and Italy. He asked reproachfully why couldn 1 t you ewsit the telegraphic instructions when they were sure to arrive in several days. I told him thet although I was not awere of the circumstances, I guessed that Japrn was compelled to take such a measure becpuse of the following reasons: It was necessary for Japan to conclude the agreement as soon as possible to maintain secrecy, and in Japan such imp or tent negotietions as this must "be privately reported to the Emperor. I added that I believed that the agreement was not made out of inconsiderstion to Germany end Italy. RIBBENTROP, however, would not repdily accept my words. He said that when you (Foreign Minister MATSUOKA) visited Germany, he met you (MATSUOKA) m?ny times but he did not hear anything substantial concerning the Japsnese-American pgreement which is closfly 9 5 926 related to the Tripertite Pact. He ssid that it came as a great, surprise to him when he received such a report soon after you (Foreign Minister MATSUOKA) returned to Japan. He continued thf.t frankly he was irruch efrpid that the agreement might ineke the Tripartite Pact sutomsiticRlly nepningless. He Plso s?id thrt r.s he (RIBBENTROP) had remarked the other day, he did not believe ROOSEVELT from the very beginning, end that although his opinion was to edvise J a p m to refuse the American proposal he hr.d to send a telegrpphic instruction contrrry to his own opinion. Hearing that I told him that it  &  % &' pity to have a misunderstr-nding between Jappn and Gcrrripny concerning this matter, so I gave edviee to him th?t it was very necessfry to inform OTT of his opinion, to m?ke the fscts clear and certain. When ? visited Foreign Minister CIA NO on the evening of the same d?,y, it seemed that en interview had h  % ? d . y trken piece between RIEBENTROP, MUSSOLINI rnd CIFNO, since CI:NO expressed the seme opinion rs RIBBENTROP. "3« No sooner did I return to BERLIN on May 17th, then > )& ?.sked by Vice Minister WEISEGGER to visit him. Fhen ? called on him, he, by the telegraphic order of RIBBENTROP pt FU8SELL, showed 9,927 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 me a drrft of Japan's answer to America which wss telegraphed by OTT on the 14th, rnd the draft of the instruction of the German government to OTT concerning Japan's answer to America. He (WEISEGGER) said that ss he received the order only to show me (Ambassador OSHIMA) the telegram, he will not express sny opinion, but that in view of the present political situetion, the German government had a deep concern about the result of this problem. He e.aded that the German government attached greet import?nee to Foreign Minister 1IATSU0KA ‘ s statement to OTT to the effect that Jap?n would attack the U.S.d.R. in case of a Russo-German ver. He (WEISEGGER) then asked me whether or not Foreign Minister MATSUOKA understood the true strte of affpirs between Germany end Russia when he returned from his st?y in Germany. I told him that I did not know what the Foreign Minister had revealed con- cerning Jep?n' s rttitnde towrrd e. Russo-German w&r, but thst in Japan, such an important matter as this should be decided by the Emperor, end that probrbly Foreign Minister MATSUOKA must have expressed his personal opinion. I further added th?.t since the Foreign Minister had many interviews with Foreign Minister RIBBENTROP during his stay in Germany I had 9 5 928 no doubt thet you (MATSUOKA) were h ? ; a r e of the reel relationship between Gei^.sny end Soviet Russia r (End) » Telegram No. 569 sent by Ambassador OSHBvIA to Foreign Minister MATSUOKA. I " 1 . A s I reported in the separate telegram, i the German government has a deep dissatisfaction con- cerning the problem of the Japanese—American agreement, and has nuch apprehension about the future of the Tripartite Pact. Since Aiaerica is actually partici- patins in the war, if Japan, ignoring the present circumstances, shoulcl conclude an agresne^t with Americae ' )$(!  very natural for Germany to suspect that i Japan is trying to check America f s participation in the v/ar, and at the same time trying to avoid her own obligation of participating in the war. When you came to Gernany, all the people in Germany heartily wel- comed you, and delighted in the strengthening of the ' 1 •Axis'. Since this is directly after that occasion, the feeling that Germany was betrayed is very strong. " 2 .> " ) !! )% $ Japan's dssire to solve the China Incident as soon as possible in order to have time to spare for politics, economy and other fields. However, the European war is developing very favourably for Germany and Italy. In a few nontiis, very Lnportant developments are expected, and if at this time Japan should lose the confidence and trust of Gerxaany ana Italy who will becorae the leaders in 9 5 930 Europe, simply for cn immediate profit, it is very unfavourable. Needless to say ? Americ? seems to have proposed.the agreement as a temporary measure for es- tranging Japan from the Tripartite Alliance. I am afraid thr.t such a two-faced diplomacy should lend Japan to nn absolute internetionol isolation during the cri- ticnl period which may crise after the war. "3. Aside from the point that if Joprn solves the China Incident with the support of Americr., she will le?ve on unero.diceted root of future calamity, I express my apprehension thrt should Japan lose this op- portunity tc expand southward and the possibility of attacking SINGAPORE at random, she will invite the con- tempt of not only America and Britain, but also those of Germany and Italy. And, should America, taking advantage of the elimination of fear in the Pacific area, reinforce her assistance to Britain, the devel- opmont of the European would greatly be affected although America may avoid nominal participation in the war c Subsequentlj'-, Japan may suffer from some un- expected calamity. Moreover, should Japan cbPndon her right to lerdership in the Southern regions for the snke of Anericn 5 it is clear that Jnpan cannot stress the leadership to Germany r.nd Itnly. This will mean thrt Japan abandoned her great mission to establish   *                 )                   # ) $% % # the Greater Enst Asia. "4. Last autumn 3 Jnpr.n concluded the Tripar- tite Pnct, and the road our Deople should follow was mrde clenr. But ? if Jrpan should conclude the Japa- nese-American Agreement; now, our people in Japnn would be bewildered c.s to which path they should follow. Moreover s our friendly countries will despise Jcpan rnd will not trust Jcpan nny longer. Subsequently, Japan will frll into internrtionr.l isolrtion, nnd will gain nothing. Therefore,? hope earnestly that the Japanese Governnent will embody the following two points, if the conclusion of the agreement is un?void- able % "(c) As conditions to the conclusion of the Japanese-American Agreement, it is absolutely necessary for Jrpsin that she should make use of her situction over Americr ? and estrblish the idee of the Tripartite Pnct, by upholdinp the principle thrt Japan is to facil- itate the battle of Germany and Italy against Britain. Again, Japan should demand /meric?'s neutrality in the European war, and at the sane time, make clear @ h a t Japan hss an obligation to participate in the wnr, brsed upon the Tripartite Pnct. If America does not accept our proposal,Japan must not conclude the ogree- rnent." 9,932 "(b) It is most unfavournble for Japan to give the impression to Germany and Itrly that the Japa- nese government is compelled to conclude the agree- mc-rit on account of the increasing influence of a party in Jrpjin that w?,nts status quo. The conclusion of tho Japrnesc:!—F" % crn agreement will only make Germany t rnd Itnlv increasingly susDect thnt J n p m took this ‘ I r.ction in order to rvoid the cbligntion to narticipste | in the wnr. Therefore, concerning the Jrpnnese-Ameri- can negotiation, Jr.prn hr-s to exchonge frc.nk opinions with Gernipny nnd Itnly, and must thoroughly convince - ‘ Germnny nnd Itr.ly about the purnort of article (.rj   `    WILLIAMS: Offering in evidence IPS document Ko.1383-B (20), a telegram from OSHIMA. to Foreign Minister MATSUOKA, dated May 21,1941. THE PRESIDENT5 Admitted on the usual terms. CLEI.K OF THE COURT: Prosecution's document No. 1383-B (20) will receive exhibit No. 1076. (hereupon, the document above re- ferred to was marked prosecution's exhibit No. 1076 and received in evidence,) MR. E. WILLIAMS: We read prosecution's exhibit No. 1076s "Minister - Vice-LIinister. submitted separately. Chief of ALiSRICA Bureau. Chief of EUROPE-ASIa Bureau. Translator's Kote. These notatioKs were marked in the margin. "SECRET — Embassj^ CHO Code. "(Translator's Note. In the copy, there are 2 stamps indicating TOP SECRET.) "Dispatched A.M. Kay 21,1941 from BERLIK. "airived P.M. May 21,1941 this office. "To the Foreign Minister from Ambassador OSHIMA. "No. 575- "The JAPANESE-AIlEhlCAK Agreement now under negotiation, is thought to be important change in the national policy, and it concerns greatly with   '  $   & ' (  9 5 934 the plans of the JAPANESE military and naval attaches in Germany. Therefore, recognizing the fact that it is necessary to transmit this agreement to them beforehand, telegrams No. 567, No. 568, and No. 569 were sent exclusively to both attaches today, the 20th. As regards this matter, I wish you will inform the War Minister, the tiaval Minister, the Chief of General Staff, and the Chief of the Navy General Staff." THE PHSSII>ENT: ilr. Chief of Counsel. MR. KEENAN: May it please the Tribunal, we offer in evidence IPS document 220C (28) from ex- hibit for identification 58, Volume e # excerpt from memorandum of conversation between Ambassador Morris and the Secretary of State, 28 May 1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COUKT: Prosecution's document Ko. 220C (28) will receive exhibit No. 1077. (whereupon, the document above re- ferred to was narked prosecution's exhibit No. 1077 and received in evidence.) MR. KEENALI: (Reading) "MEMORANDUM CF A COKVEKSATICN. (WASHINGTOK) May 28,1941. "The Ambassador commented that under the  Japanese consitutional system other ministers in addition to the Foreign Minister are consulted in matters relating to foreign policy. "The Secretary said, that in liis consideration of the matters we have been exploring a difficulty has been presented by questions involving the re- lations cf our respective countries toward the European war. kr. MATSUOKA since his return from Europe, according.to reports widely published in the press, has been making declarations on every occasion in regard to Japan ! s obligations under the "Tri- partite Alliance in the matter cf supporting Ger- many in the event of American entry into the h   %  He said that, if we went into an agreement with Japan, critics would assert, unless the Japanese Government could clarify its attitude toward its ob- ligations under the Tripartite Alliance in the event that the United States should be dravm into the European war through action in the line of self- defense, that there was no assurance as to Japan's position. The Secretary referred to the President's speech of the previous evening and reviewed that the Secretary had previously said publicly and also to the Ambassador in regard to the attitude of this country toward maintaining the freedom cf the seas 9 5 936 against Hitler as an essential measure of self- defense , "The Secretary then brought up the question of the withdrawal of Japanese troops from China and asked the Ambassador to indicate what the Japanese Government had in mind. "The Ambassador indicated, in reply to specific questions, that such evacuation would not include troops retained in China under the provision of cooperative defense against communistic activities. He contemplated an arrangement being negotiated with China similar to the Boxer Protocol under which Japanese troops would be stationed for an indefinite period in North China and inner Hongolia. The Am- bassador said he could not indicate approximately how many troops it was proposed to station in China under such an arrangement or define precisely the areas in which the arrangement would be operative. "The Secretary commented that it seemed to him important that relations between China and Japan should be adjusted on a basis which would offer permanent promise of friendship between the two countries j that the continued presence of Japanese troops in China would be a factor operating against such friendship, as the presence of these troops tended to produce incidents and^riction•"..J 9 5 937 MR. KEENAN: Prosecution now offers in evidence 2 IPS document 220C (29) from exhibit for identification 58, volume 2, This is American drr:ft of proposal, de.ted 31 May 1941, handed to Ambasssdor NOMURA. THE PRESIDENT: Admitted on the usucl terms. MR. KEENAN: I wish to state respectfully to the Court that the prosecution places grest em7hr.sis upon this document for reasons thrt will be obvious in its examination. CLERK OF THE COURT: Prosecution's document No. 220C (29) will receive exhibit No. 1078. (Whereu”on, the document e"bove referred to was marked prosecution's exhibit No.1078 and received in evidence.) MR. KEEKAN: (Reading) "American Drcft Proposal Handed to the Japanese Ambassador (NOMURA) on May 31,1941. "Washington, May 3 1 , 1 9 4 1 . "Unofficicl, Exploratory end without Commit- ment. "The Governments of the United Ststes m d of Japan h  c c e p t joint responsibility for the initiotion and conclusion of f general cgreement of understrnd- ing s.s expressed in a joint dcclarrtion. "Without reference to specific causes of recent estrrngemont, it is the sincere d esire of both Governments that the incidents which led to the deter- ioration of rmicable sentiment between their countries should be prevented from recurrence and corrected in their unforeseen and unfortunc.te consequences.. "It is our present hope that, by s cooper- ative effort, the United States and Japan may contri- bute effectively toward cstatlishm&nt rnd preservrtion of peace in the Pacific arer.  and, by the rapid con- summation of an £micpblc understanding, arrest, if not dispel, the tregie confusion that now threatens to engulf civilization. "For such decisive action, protracted negoti- ations would seem ill-suited end weakening. Both Governments, therefore, desire thr.t adequate instru- mGntalities should be developed for the reslization of e general understanding which would bind, raetnwhile, both Governments in honor h,nd in e.ct. "It, is the belief of the two Governments that such an understending should comprise only the pivotal issues of urgency and not the e.ccessory con- cerns which could be deliberated et a conference, "Both Governments presume to anticippte that they could cchieve harmonious relations if certain situations p.nd attitudes were clarified or improved g 9 5 939 to wit: " 1 . T h e concepts of the United States end of Japan respecting intornstional reletions and the character of nations• "2. The attitudes of both Governments towerd the European w- r. "3• Action toward, a oeeceful settlement be- tween Chine end Japan. "4-. Commerce between both nrtions. "5, Economic activity of both nations in the Pecific area. "6. The policies of both nations effecting political stabilization in the D acific ares. "7. Neutr^lizstion of the Phili5pine Islands, "Accordingly, the Government of the United Stctes and the Government of Japan h?.ve come to the following mutual underst2% # $# declaration of policy; "I. The Concepts of the United States end of Japan respecting internrtionr.l relations and the character of nations. "Both Governments sf-"irm that their national policies are directed tov/ard the foundation of a last- ing peace and the inpuguretion of a new era of 9 5 940 reciprocal confidence rnd cooperation among our peoples. "Both Governments declr.re that it is their treditional,and present, concept rnd conviction that nr.tions snd races compose, jis members of s family, one householdg each equally enjoying rights end admitting! responsibilities with a mutuality of interests regulated , by peaceful processes r.nd directed to the nursuit of their morr.l {.!rd physical welfare, which they ?.re bound to defend for than]f !ves as they ere bound not to destroy for othersg they furth&r admit their responsi- bilities to oppose the oppression or exploitrtion of other nations. "Both Govfernmc'nts are firmly detemi ined thr.t their respective traditional concepts on the character of net ions r.nd the underlying moral principles of socicl order ?md nationrl life will continue to be preserved and never transformed by foreign ideas or ideologies contrary to those morel principles and con- cepts . "II. The attitudes of both Governments toward the Europern war. "The Government of Japan maintains that the purpose of the Tripartite Prct v/rf&, and is, defensive end is designed to prevent the partj.cipction of nations in the European war not at present involved in it." 9 5 941 "Obviously, the orovisions of the Pcct do not snrly to involvement through acts of self-defense. "The Government of the United States maintains thc.t its attitude towrrd the European hostilities is m d will continue to be determined solely and exclusive- ly by considerations of protection and self-defenseg '& riEtion^l sscurity nnd the defense thereof. "IIT- '..ction towcrd a TDeaceful settlement between Chin? -  %pan. "The Japanese Government hsving conmunicrted to the Government of the United States the generr.l terms within the framework of which the Jappnese Govern- ment will propose the negotiation of a perceful settle- ment with the Chinese Government, which terms rre declared by the Jc psnese Givcrnraent to be in harmony with thie KONOYE Principles regarding neighborly friend- ship rnd mutual respect of sovereignty r-nd territories F-nd with the practical cpDlicrtion of those principles, the President of the United States will suggest to the Government of Chin? thr-t the Government of China and the Government of Jc?psn enter into a ne:gotir!tion on r. besis mutuclly advmtngeou.s end acceptable for r ter- mination of hostilities r.nd resumption of pcaccful relations. "Note: (The foregoing draft of Section III    & subject to further discussion of the question of cooperative defense against communistic activities, including the stationing of Japanese troops in Chinese territory.) M THE PRESIDENT: This is a convenient break, Mr. Koenan. '̂e will recess now for fifteen minutes. (Whereupon, at 1445, a recess was tcken until 1500, after which the proceedings were resumed ?s follows;) 9 5 943 MARSHAL OF THE COURT: The Tribunal is now resumed. THE PRESIDENTg % Chief of Counsel. MR. KS3NAN: (Reading) "TV. Commerce between both ngtions. "When officipl approbation to the present understanding has been given by both governments, the United States and Japcn shell essure e?ch other mutually to supply svch commodities as ere, respectively, aveliable rnd recruired by either of them. Both Governments further consent to t?ke necesspry steps to resup.e nornal trade rel.?tions as formerly established under the Treaty of Commerce rnd Nrvigr.tion between the United States and Jrpan. If a new commercial treaty is desired by both Governments, it would be negotietod ps soon ss possible rnd be concluded in accordrnce with usup.1 procedures. "V• Economic petivlty of both nrtions In the Pecific erea. "On the be sis of muturl pledges hereby given th&t Jrpsnese activity rnd Americsn activity in the Pacific p.ree shall be carried on by perceful means pnd in conformity with the principle cf non- discrirainption in internstionrl coimiierciel relptions,     $ %          '       9 5 944 the Japanese Government rnd the Government of the United Stctes agree to cooperrte erch with the other towerd o"btp ining non-discrimin?tory pccess by Jep?n pnd by the United Ststes to commercial supplies of n?tnrrr.l resources (such rs oil, rubber, tin, nickel) which erch country needs for the ssfe- gusrding rnd development of its own economy. "VI• The policies of both nrtions rffeetIng politicgl strhilizrtlon in the Prcific rrer• l: Ths J?p?nese Government rnd the Government of the United £trtes declare thet the controlling policy underlying this understrnding is peece in the Pr.cific % g thrt it is their fundrmental purpose, through cooperative effort, to contribute to the mrintenmce m a the preservation of peece in the Pccific rre?g %# that neither has territorial designs in the c.re? mentioned.  V + Netitrrlizrtion of the Philippine Islr.nds. "The Government of Jspan declares its willingness to enter at such time ps the Government of the United Strtes mny desire into negotiation rith the Government of the United Strtes vith b view to the conclusion of r trerty for the ne-utrrli- zation of the Philippine Islrnds, h/hen Philippine independence shall heve been h c h i e v e d . " The fallowing annex is a pert of the document as delivered, "ANNEX AND SUFPLEMENT ON THE PART OF THE JAPANESE GGVERme.l<i1 "III. ^cticn toward a rR^ceful settlement between Chinr. £ .1̂1 Jr-prn, "Ths ba^ic t^rms r.s referred to in the above section srcj ..is fol]ows: '• Kefi.g.ibcrly friendship t "2 , (CDoperrtive defense eg?inst injurious communistic rctiVities—inclnoing the strtioning of Jpp?nese troops in Chinese territory.) Subject to further discussifin. "3. Economic cooperrtion + +J by which China end Japan will u^oceed on the bfpis of non-discrimi- nation in internrtionrl cominerciEl rel?tions. "4.llttttial respect of sovereignty end territories. "5. Mintual respect for the inherent characteristicof erch nrtion coOpereting as food neighbors end forming a F?r Efstern nucleus contributing to "world perce. "6, Withdrrwal of Jp.prness mil it cry pnd neval forces g?rom Chinese territory rnd Chinese 9,946 waters rs promptly r.s possible pnd in rccordmce w i t h an agreement to be concludGd between Jr.pp.n rnd China. "7. No snnexation. "8. No indemnities. "9. Amicable negotiption in regard to Menchukuo."    '#& 3 $ ( % ' p^easo, I would like to offer with its permission an explanation that it is -- we believe it will be obvious from the foregoing and subsequent documents that we were requested by the Japanese to state -- the United States, to state its views with reference to the European War, and this was compliance with that request. We offer in evidence IPS document 220-C(3.d %$" exhibit 58 for identification, Volume II. This is American statement handed to Ambassador NOMURA, May e  THE PRE3IDEMT; Admitted on the usual terms. CLERK OF THE COURT; Prosecution's document No. 220-C(30) wi l l receive exhibit No. 1079. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1079) and was received in evidence.) MR. KEENANs May I be permitted to state to the Court that this document relates to the last read and it is an oral explanation, as it so states. I call the Court's attention respectfully, at this time, to our previous exhibit 1070, dated May 12,1941. (Heading) "American Statement Handed to the Japanese Ambassador (NOMURA) on May   9 5 948 "May 31,1941. Unofficial, Exploratory and Without Commitment. "Oral Explanation for Suggested Amendments to the Japanese Draft." The draft referred to, I believe, is the exhibit that I just called the Court's attention to. "Introductory Stntcnent• "A few minor changes hcivo been made in phraseology with a view to clarifying the meaning. "In the list of points enumerated on page two of tho Japanese drrf t., the title of Section III has been altered to conform mere accurately to the subject matter ? tho word 'Southwestern 1 has been omit- ted from point numbered five and ? in view of the new subject matter under point Six (for Gxplnnotion see infra), part of the subject matter under point six in the J??p?nese drrft hes been incorporated in r.n addi- tion? 1 section, the title of which is therefore listed, end pert of the subject matter in Section VI of the Japanese draft has been omitted (for cxpIf.nation see infra). "I. The concepts of the United States snd of Jr.Dcn resD_ecting internrtionrl rel.ptlcns end the chnrgcter of nr.tions. "The first prrpgraph has been omitted inas- 9,950 2 3 4 5 6 7 8 9 10 11 12 1 3 1 4 1 5 16 1 7 18 1 9 20 21 22 2 3 2 4 25 the part of the Government of the TK# ' States con- trins an el?borr,ticn of this Government' s viewpoint toward the military ncveraent of conquest inaugurated by Chnncellor Hitler. n III +F ' c.n tov r r:rd n perceful settlement between China r.nd Jrpc.n. "As lnready stated, the title has been alter- ed to describe more accurately the contents. "The ststcnent in the Jc?,panese drr.ft has been rewritten to keep the underlying purport r.nd at the sane time to avert raising questions which do not seem fundamental to the be sic subject and which are contro- versir.l in character nnd might nresent serious diffi- culties fron the point of view of the United States. "The statement in the Jr.Dancse Annex and Sup- plement in regard to this section has also been re- vised in a few particulars in conformity with the con- siderations mentioned in the preceding paragraph- # rdditicn, point numbered three in regard to economic cooperation has been rephrnsed so as to make it clear thrt China r.nd Japan intend tc follow in their economic relations the principle of nondiscrimination in inter- national coramercinl relations ? a principle tc which it is understood the Japanese Government and the Chinese Governnent have long subscribed and which orinciple 9 5 951 forms the foundrtion of the commercial policy of the United Stateso As it is assumed that the term 'troops 1 in point numbered six is meant to include all srraed forces, the Ir.ngusge of this point has been slightly rephrrsed to r.void possible ambiguity. "As alrerdy st?ted, the question relating to communistic activities ? including the strtioning of Japanese troons in Chinese territory, is subject to further discussion. | “‘IV• Commerce between both nations. "A statement is included in the Annex and ‘ Supplement on the part of the United Strtes clarifying the Doint thc.t as e teimcr?ry mersure during the nresent: “ : international emergency it is understood that each M country nay restrict export of commodities which it needs for its own purposes of security nnd self-defense.‘ J "V. Economic activity of both nrtions in the Pacific area. "The language of this section has been re- phrased to raske the provisions thereof applicable equally tc the T7ni@ States and to Jeoan. "VI. The policies of both rations effecting politicrg strbilizr.tion In the Pacific area. "This section hrs been revised to make it consist of n cler.r-out statement of the fundamental 9,952 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 purpose of the understanding. The thought in mind is to give emnhasis to this miroose so thst the document may speak for itself on this all-important subject. "The statement of fundamental nvrncse has been assigned n section by itse]f in order that it mP.y gnin added emphasis. "The statement in the Japanese draft in re- grrd tc the Philippine Islands hcs been dealt with in a new section bearing number VII. "The statement in regard to Japanese inimi- grntion bc.s been omitted in view of the established position of the United Strtes that the question of immigration is a domestic matter. For that reason, to attempt to include g stntenent on this subject would stcnd in the wny of the underlining oumcses of the agreement. "VII. Neutrplizrtion of the D hllinoine Islcnds. "The ohrcseolopy of this section has been altered so r.s to bring it into conformity with the language of the Tydings-McDuffie Act, ap5%$ved March 24,1934. "Addendum view of the traditional policy of the United States and vcrious practical considerations 9,953 in the United States, inportcnt difficulties would be presented should the Government of the United States endeavor to keep secret the understanding under refer- ence together with its nnnexes. This Government could probrbly nrrr.nge to keep the nndcrstnnding secret for n period of r. fev ̂ eeks, durinp which tine it believes thr.t. the two C-overnncnts should work out rjrocedures ccvorinp the scope, chrrncter nnd timing of the rnnrMce-f & #' $ the understrnding rnd cf r.t lerst, the definite substcncc thereof. "Foreign Relr.ticns II, pp. 451-454." 9,954 "Ci.nnex 2) "ANwiik SUPPLEiiiKT OK IKLL PS.hH OF IEL GOVLhKMENT 2 OF THE UNITED STATES 3 4 "II. ThP pt.f.i t.n 'pg ,f bnt.h rin^prnrr^ntd towrr/l t.hfi 5 European war. 6 "The position of the Government of the 7 United Stptes towrrcl the t.illtary move Lent of con- 8 quest inpugurpted by liar, Hitler is set forth in   r ublic address c.rde by the Secreatry of Stete on A-pril 24,1941. Soi.;e extracts which pre directly in point &nci which rre tpsic in relation to the en- li tire sitaction h % PS follows: " ' . w r - g e c ! by them (the aggressor powers this is not sn ordinary wrr. It is p wpr of assurlt by these woul1-be conquerors, employ- ing every methoc 1 . of bribsrisrc, upon nptions which cling to their right to live in freedom pnd which are resisting in self-defense*.... Such i s the mover.ent whic?h is extending re.piclly throughout the wcrlcl. , M If experience shows anything, it shows thst no netion anywhere hrs the slightest rerson to feel thrt it will be exer-.pted from attack by the invader, rny n.ore th^n, in a town overrun by bfincits, the wealthiest citi- zen eight expect to be free from attack.'" 12 13 14 15 16 17 18 19 20 21 22 23 24 2'5 9 5 955 “‘..Every thinking r.pn cr.n enswer the ques- tion for himself by simply crlling the roll of the wretched victims of worlc aggression who are now in n ccnuition of sei.i-slcvery, and whose every hope of rgpin enjoying the bless- ings cf civilizrtion depends only on the cefept or fnilure of tiie nover.ent of conquest. So it is in Austria, Czechoslovakia, Polrncl, Norwr.y, Denmark, Hollrru., Belgium, illbrnip., Luxembui^ France, Rui^anir , Hungrry, Bulgarir, Yugoslavia. 1 M I hear the question being propounded by h counsel ss to whc.t this h?s to c:o with ' ? wpnt to ir.?ke it cler.r thnt this is p. prrt of the stete- ment thrt wrs hrndeu to the Jscsnese Xr.jbrssrc'or. It is m integrrl prrt of the clccunent, ,.The conclusion is pin in. i\iov- r , ter some fifteen nrtions hffve lost everything thrt in&kes life worth living, it is high time th?t the reLiFiin- ing free countreis should r rn to the fullest extent nnd in the briefest time hucpnly possible ^nd set lor their self-preservrtion. "',.Events hrve shown bey $# g possible ques- tion thpt the safety of this hecisphere rncl of this country cells for resistance wherever resistance will be L;ost effective.. .This policy nerns, in prpcticol cpplicption, thst.. ,?id must repch its destinr-'- tion in the shortest of tir:e pnc in the nipxinam quantity. So—wrys must be $(#1 '$ $ this. '".•.Those nrtions that ere making resis- tpnce pre prir^r-rily seeking to srve themselves, their hoi.:es pnc their liberties. Gre^t Britain for instance is acting ::rii..rrily for her own spfety. The United St?tes both in its direct defense effort h # $ # the rid which it extends to the resisting nations is likewise peting prinerily for its own srfety. ^s srfety for the nrtions thet sre offering resistance ir.erns security for us, ri5 to thee; is m essentirl pprt of our own e'eftnse. Every new conquest m?kes rvpil-'ble tc the aggressor greater r e - sources for use egrinst the remaining free peoples. Our cic to the resisting nations is not the  % crusading of r wnrlc benef?ctor. It is brsed en the definite knowledge thrt every free nation pnywhere is  bpstion of strength to sll the ren;sining free peoples everywhere. ..Those = O % c p n s who, in effect, rre spying thrt h british defert would not rr;'' % '$ as, signally overlook the fret thnt the re- sulting delivery of the high sees to the invader wculd create colossal drnger to our own national 9 5 957 defense snd security, The brercith of the sea rapy give us r little time. It does not give us ssfety. Safety cr.n only cone from our pbility, in conjunction with other pepce-loving nrtions, to prevent s.ny aggressor from attaining control of the high sees. "'..Some h  $ # (&  $('! && with the best of intentions, still c intend thct our country neecl not resist until rrmed forces of e.n in— vrder shrll hrve crossed the boundary line of this hemisphere. But this merely r;.erns that there would be no resistance by the iEEisphere, including the linited Stp.tes (#' ! the invading countries h^d acquired complete control of the other four continents r:nd of the high set s, and thus had obtpinecl every possible strrtegic aclvrnt c ?.ge, reducing us to the corresponding disadvsntfge of p severely hpneieppped defense. This is rn utterly shortsighted pnd extremely dangerous view.' "The foregoing st?.ten:ents Ep.ke it clear thot the attitude of the Government of the United Strtes is one of resolve to tpke nessures of self- defense in resistance to r coveiiient, v/hich, rs hrs been niscle unequivocrlly clerr by the ,?cts rnd utter- ances of Hitler, is directed to world conquest by 9 5156 force froLi which no country rnu no arer r.re excepted. This rttituie is b?sed upon ‘h "$&' f'undarr—entel con- sideration--thet of the inplienable right of self- defense. The only other rttitude this Government could sssune would, be the suicidal rttitude of some fifteen countries in Europe which plso v/ere tolu, as our country is being told, thpt they would not be molested tut that if they should unc'iertrke to resist beyoni their own boundpries they would be charged with being sggressors pnd with having ps- sumed the offensive. L siii-ilr-r course bj?" this nation frorn the standpoint of effective defense against the Hitler i/.ovement of worlu conquest would be absurd, futile end suicicpl fror/'he standpoint of rersonpble precrutions for its spfety. "In the light of the existing situation. Hitler is the one person who can promptly remove the necessity for efforts rt effective self-defense by this country rnd other countries sinilrrly situa- ted, whereas for p-ny other nation to request that the United States desist from any such resistance would in its p.ctugl effect rpnge the country Lr-king such request on the side of Hitler m c his n.ovenent of aggression by force. Hitler is therefore the person who should be h  % & & # support of pe&ce, 25 rather then those whom he is attacking for the pur- 9 59 pose of bringing r.bout their complete subjugption without color of Ipw, or of right, or of humanity. "'Yes, it iiiFkes r difference who wi JJ the difference whether we stend with our bpcks to the w?ll with the other four continents against us rnd the high sers lost, plone de- fending the l?.st free territories on e?-rth-- or whether we keep our plrce in pn orderly world. 1 "Foreign Kelrtions II, pp. 446-451." We offer in evidence with the permission of the Court, IPS document 220-C(31) from exhibit for identification 58, Volume II. This is an informal, oral statement handed to NOMURA by Secretary of State, 31 May 1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF THE COURT: Prosecution 4 a document No. 220-C(31) will receive exhibit No. 1080. (Whereupon, the document above referred to was marked prosecuticn's exhibit No. 1080, and was received in evidence.) I/IR. KEENAN: (Reading) "American Informal nnd Unofficial Oral Statement Handed to the Japanese Ambassador (NOMURA) on May 3 1 , W l . "The Government of the United States will at sorre appropriate stage prior to any definitive discus- sion talk over in strict confidence with the Chinese Government the general subject matter involved in the discussions, especially as it relates to China. "Foreign Relations, II, page 454." We offer in evidence IPS document 220-C(32) from exhibit for identification 58, Volume II, which is an excorpt from memorandum of Secretary of State Hull, dated June 2,1941, THE PRESIDENT: Admitted on the usual terms. 9 5 961 CLERK OF THE COURT: Prosecution's document No. 220-C(32) will receive exhibit No. 108l. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1081, and was received in evidence.) MR. KEENAN: (Reading) •»MEMORANDUM BY THE SECRETARY OF STATE "Excerpts "June 2,1941. "The Ambassador of Japan came to my hotel apartment at his request. "I then very slowly and deliberately asked the Ambassador whether it was his considered judgment that his Government seriously and earnestly desired to enter into a settlement, for peace and non- discriminatorj'' commercial relations and friendship generally in the Pacific area. He promptly replied that that was his jdugment. I remarked that, in the light of the loud statements which MATSUOKA and others were dcily making, the question which I propounded ?;as sharply raised, and that one was forced back to the inquiry of whether Japan really is seeking this sort of settlement, or whether she is only seeking a way to get out of China,to the principles which would tiove g      establishing' peact?' - ) $         #  9,962 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 THE PRESIDENT: You left a line out. m . KEENAN: (Continuing) --"seeking a way to get out of China, and otherwise to go forward with methods and practices entirely contrary to the principles which would have to underlie a settlement establishing peace, non- discriminatory commerce and fair friendly relations in the Pacific area. The Ambassador reiterated his view that an earnest and fair settlement wss desired. "Foreign Relations II, pp. 4^4-455" THE PRESIDENT: A line was omitted. MR. KEENAN: I read it into evidence after the Court corrected me. Y'hich line is it? THE PRESIDENT: I am not asking it to be corrected twice, Mr. Chief of Counsel. Apparently you did read the line. MR. KEENAN: Thank you. I am grateful to the Court for calling my attention to the omissioru V 7 e offer in evidence IPS document No. 219P-76 from exhibit for identification 58, Volume I. This is an excerpt of a statement from Mr. Grew to MATSUOKA, dated 4 June 1941. THE PPESIDENT: Admitted on the usual terms. CLERK OF THE COURT; Prosecution's document No. 219P-76 will receive exhibit No. 1082. 9 5 963 (^"hereupon,the document above referred to was marked prosecution's exhibit No. 1082 and received in evidence.) m,•KEENAN: (Reading) "THE AMERICAN AMBASSADOR IN JAPAN (GREW) TO THE JAPANESE MINISTER FOR FOREIGN AFFAIRS 9  ; A T S U O K A ) "No. 1817 "TOKYO, June 4,194-1 "EXCELLENCY: With reference to my note to Your Excellency No. 1803 of May 22,1941, concerning damage inflicted on properties of the Methedist Episcopal Mission at Chungking by Japanese aircraft on May 9 and May 1 0 , 1 9 4 1 , I have the honor to inform Your Excellency that properties of the same Mission at Chungking were again seriously damaged by Japanese aerial bombardment on June 1,1941. • "According to information received from the American Embassy at Chungking, a section of the hospital of the Mission at Tai Chishang, in the center of the city, was badly damaged by a direct hit. A second bomb damaged the compound wall, and the home of an American missionary received damage from stones through the roof. This property has been damaged on at least four previous occasions. "In addition, the newly built Lewis Memorial                  # %  + & # !  9 5 964 Institutional Church of the s&me Mission, located at a distance of about seven hundred yards from the hospital mentioned above, vjts completely wrecked by a direct hit. This property has likewise been damaged on at least four previous occasions. "Foreign Relations I, p, 714" Prosecution offers in evidence IPS document 220C-33 taken from exhibit for i d e n t i f i c a t i o n 58, Volume II. This is an excerpt from memo. of a conversa- tion between Secretary of State and v apancse Ambassador, dated June 4,1941. THE PRESIDENTg  " '' $# the usual terms. CLERK OF THE COURTs Prosecution's document No. 220C-33 will receive exhibit No. IO83. (^hereupon, the document above referred to was marked prosecution's exhibit No. 1083 and received in evidence.) 9 5 965 m . H/JIDIN: (Reading) "MEMOIUNDUM OF A COFraS/JION "(Washington) June 4 , 1 9 4 1 S A - N D SUPPLEMENT ON THE P;;RT OF THS GOVERIIM^T OF THE UNITED ST/.TES "II. The attitudes of both Governments toward the European war. "The Government of the United States de- clares that, so far as its attitude toward the European war is concerned, it does not &nd vill not resort to any h % && $#  " '$ && &' any one nation against another- "Colonel raKURO ssid that the Japanese would be quite prepared to d rop the foregoing sup- pestion if ?;e on our part would be prepared to drop our proposed sentence in the first paragraph reading, 'Obviously, the provisions of the Pact do not apply- to involvement through acts of self-defense. T "Mr. H S U G I ssid thet they desired to have inserted at the beginning 1 of Section II a new paragraph reading ss follows: u 'It being the common aim of both Governments of Japan rnd the United States to establish vorld peace, they will join forces with a vievj to preventing the extension of the European war 9,966 “ i and restoring peace. T "Mr. Hamilton raised for consideration the question of whether the idea underlying the proposed paragraph could ro t be incorporated in the first section. He pointed out thet an express reference of this kind under Section II, which deals with the attitude of the two countries to the Euro- pean war 9 might be regarded as inconsistent T »;ith the President's declared attitude in regard to the ouestion of a present n.merican effort to bring about pence in Europe. He suggested also for consideration whether it might not serve the purpose desired to change the word 'our' to 1 all'in the first para- graph of Section I, which in our draft reads as follows: "'Both Governments effirm thpt their national policies are directed to (toward) the foundation of a lasting peace and the inauguration of a new era of reciprocal confidence snd cooperation among our peoples. 1 "Mr.7/HSUGI said that they touIcI leave this point for further consideration and that we might also consider whether the words could not be incorporated in some other section or in a section by itself."   **e ' h reference to Section III, Mr. ^/JCASUGI proposed an entirely different formula. The formula in our draft and the formula he proposed are shown in parallel columns s.s follows: "FORMULA IN OUR DR^FT OF MAY 31 "The Japanese Government having communicated to the Government of the United States the general terms within the framework of which the Japanese Government will propose the negotiation of a peaceful settlement v.dth the Chinese Government, which terms are declared by the Japanese Government to be in harmony with tiie KONOYE Principles regarding neighborly friendship end mutual respect of sovereignty and territories and v;ith the practical application of those principles, the President of the United States will suggest to the Government of China that the Government of China ond the Government of Japan enter into a negotiation on a basis mutually advantageous and acceptable for a termination of hostilities and resumption of peaceful relations, "FORMULA PROPOSED BY JAPANESE "The President of the United States will suggest to* the Government of Chiang Kai-shek that it will enter as soon as possible into a negotiation with Japan on the basis of the K0N0!Ethree principles and 9,968 m 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 1 9 20 21 22 2 3 2 4 25 the practical spplicetion of these principles for a termination of hostilities and the resumption of peaceful relations. "The reason adduced by Mr. T ECASUGI for t h i s change was the.t it vN%& & % '$ evoid giving any impression to the Japanese people that there was involved any question of an American mediation between China and Japan. "The Japanese then offered an alternative formula, concerning "which they wished to make reser- vations on minor points, reading as follows: ’ "The Gov e m m on t of Japan having announced the general terms within the framework of which the Government of Japan will propose the negotiation of a peaceful settlement of the China•conflict, which terms are declared by the Government of Ja.pe.n. to be in harmony with the KONOYE principles and with the practical application of those‘principles, the Pres- ident of the United. States, relying upon the policy of neighborly friendship with China, will suggest to the Chinese Government pt Chungking that thst Govern- ment and the Government of Japan enter into a negotia— tion for s termination of hostilities pnd resumption of peaceful reletions.‘ "Mr. Hpmilton then esked Colonel I^IKURO •whether it nas his conception that upon the conclusion of this agreement it would be the X  # Ching-wei regime or the Government st Chungking which would constitute the Government of China. "Colonel I 1 WRO said that the Japanese now recognized the e  # Ching-Wei regime as the Government of China and regarded the Government at Chungking es a local regime. The proposed under- standing contemplated negotiations by the Japanese Government h'h Chungking. As regards the outcome of the negotir.tions, there ”;ere three possibilities, which he charted on a piece of paper, attached: (a) that the Chungking Government might become absorbed into the Nanking Government of ê.ng Ching-Wei, (b) that the Nanking Government of iw ang Chinp-Wei might become absorbed into the Chungking Government, end (c) that "both the Nanking Government and the Chungking Government might be coalesced into a new government. The Japanese Government proposed to leave this matter to be decided by the Chinese themselves. "I. T r-WJasUGI then offered an emended annex on the pr-rt of the Jppmese Government in connection with Section - The formulae in the draft of May 31 and in the Japanese redraft ere shown in parallel columns: 9,970 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 9 ,20 21 22 2 3 24 25 "FORMULA IN OUR m i F T OF MAY 31 "The basic terms ps referred to in the above section are as follows: "1.Neighborly friendship. "2. (Cooperative defense against injurious communistic activities-J #cluding the stationing of Japanese troops in Chinese territory.) Subject to further discussion. "3. Economic cooperation--by which China and Japan will proceed on the "basis of non-discrimina- tion in international commercial relations. "4. Mutual respect of sovereignty and territories. "5- ('(! respect for the inherent characteristics of each nation cooperating as good neighbors and forming a Far Eastern nucleus contrib- uting to world peace. "6- Withdrawal of Japrnese military and naval forces from Chinese territory and Chinese waters as promptly as possible and in accordance with an agreement to be concluded between Japan and China. "7. No annexation. ( - No indemnities. "9- .Amicable negotiation in regard, to 'Manchoukuo.' 9 5 971 "FORMULA PROPOSED BY JiP /JIESE "The basic terms ?s implied in the KONOYE three principles end.the practical application of t those principles ere as follows s rt l. Neighborly friendship* "2. Cooperative defense against communistic activities--including the stationing of Japanese troops In the Inner Hongolia e.nd certe.in areas of the North China. "3. Economic cooperation. "4. Mutual respect of sovereignty and territories. "5. Mutual respect for the inherent characteristics of each nation cooperating as good neighbors rnd forming an Eastern Asia nucleus con- trihuting to world peace. "6. ,,T ithdrar;al of Japanese troops from Chinese territory in accordance with agreement be- tween Japan and China. *- No annexation. "8. No indemnities, "9. Recofnition of 'Mpnchoukuo.' "Mr. T H S U G I explained that, with refer- ence to caption three of the foregoing annex, the Japanese did not wish to expand the wording in the 9,972 2 3 4 6 7 8 9 10 11 12 13 14 15 L6 17 IS 19 20 21 22 23 24 25 caption beyond the mere stateraent ? economic coopera- tion, • as they wished to leave the matter to be dealt with by negotiations between Japan ?nd China. Mr. Hamilton observed thst in the Japanese Oral T5xpIan?tion of May 12 th is point had been expanded by the statement • by v,hich Japan does not intend to exercise economic monopoly in China nor to d enand of China a limitation in the interests of Tftlrd ponvers and thpt had substituted the phraseology 'by which China end Japan will proceed on the basis of non~discrirailla- tion in international coranercial relations' in the interest of clarity. Mr. Hamilton here emphasized the inportsnce which this Government attsched to the application of the principle of non-discrirt;in£tion in international comercial relations. "Mr. Harailton noted that in caption six where we hsd suggested the wording 'railitary h # naval forces' the J&panese in their new draft had restored the term 'troops.' He asked whether it was not intended by Japan to withdraw their naval forces. Colonel I M U R O sp.id thst in normal international intercourse war vessels visited ports of other countries, h # ? moreover, at Shanghai foreign powers, including the United States, normally maintained ranrines or corresponding naval units. They '̂ ad used the English        )$% 'troops' as translation of the Japanese term 'guntsai' which was not restricted to army forces. He said that it v/ns Japan's clear intention to withdraw all erraed forces whether of ths army or the navy engaged in the present hostilities, pnd he hnd no objection to the use of the term 'armed forces 1 if that would cover better vhat was neant. He added that it was his understanding that 'Chinese Territory 1 included Chinese territorial waters. "Ilr. Hanilton said that v?e would t?.ke note of all the points n?.de in connection with Section III and the annex pertaining thereto. "Mr-ZDX^SIJGI said thst the Japanese h?d no changes to offer Kith respect to the text of Section IV, but thrt they desired the withdrawal of our annex relating to restrictions upon trade during the present international emergency. He stated that such an annex would weaken the force of the stipula- tion in Section IV. He said that they thought that the v/ord ' available' in Section IV TO”.Id cover what we had in mind. Mr. Hamilton said that we would make note of the point. ••Mr. H S U G I said that they vished to offer an alternative wording for Section V. The formulae j of our draft of May 31 and of the Japanese alternative draft are shô .Ti in parallel columns, as follows: " f o n m u . in o u r dr;.ft o f m a y 3 1 "V. Economic activity of both nations in the Pacific area. "On the basis of mutual pledges hereby given that Japanese activity and American activity in the Pacific area shall be carried on by peaceful means and in conformity vith the principle of non- discrimination in international commercial relations, the Japanese Government and the Government of the United States agree to cooperate each with the other toward obtrininp non-discrinina.tory access by Japan and by the United States to connercial supplies of natural resources (such as oil, rubber, tin, nickel,)which er:ch country needs for the safeguarding and development of its own economy. "FORIfULA PROPOSED BY J/Ji.NESE M V . Sconomic rctivity of both nations in the Sout hire stern Pacific area. "Noting thc.t Japanese expansion in the direction of the Southwestern Prcific srea is declared to be of peaceful neture, /raerican cooneration and support shsll be given in the production and procure- ment of natural resources (such es oil, rubber, tin, nickel) which Japan needs." 9 5 975 "Asked what v:ere the leasons for the proposed changes, Colonel I 1 N  K U R O explained that Japan bad no suspicion that the United States would engage in activities other than peaceful in the Southwest Pacific area, and he felt that the United States should nccept Jappnese declarations In regard to the peaceful character of their ains. The reason for r e s t r i c t i n g the applicat ion of th is sect ion to the Southwestern Pacific area, %hich we hod broadened to include the whole Pacific area, rss that it was the Japanese desire to devote this section specifically to the Southwestern Prcific area on account of the special interest v/hich the Jrpanese people h?d developed therein. "He pointed out that Section VI covered the whole Pacific area. Ft. Hamilton raised the question whether the pledge in regard to peace might be incorporated in Section VI, retaining, however, in Section V a statement pledging both countries to the s.T>TDlication of non-discrininEtion in international commercial relations. He emphasized the importance which this Government attached to such statements. He pointed out in reference to commercial relations thpt in an earlier draft ve had proposed the wording 'on the basis of equality of opDortunity'5 that the 9 5 976 Japanese had objected to that phraseology on the pround that Jepanese had no clear concept of the implications of the terra5 and that , ss we had been piven to understand that the Japanese would not object if v'e used phraseology contained in a recent speech by the Secretary, we had in our dr?.ft of May 31 substituted such phraseology. Hr» Hamilton said that v/e y;ould rae.ke note of the question of a possible change in the draft. " e ' h reference to Section VI, I!r. rT A30lSUGI offered an alternate droft, \7hich includes en addi- tional paragraph. The fornulae of our draft of h y 31 end of the Japanese rlternative draft r>re shown in parallel columns, as follows: "FORMULB IN OUR DR/PT OF HAY 31 "The Japanese 'Governnent find the Government of the United States declare th?t the controlling policy underlying this understanding is peace in the Pacific area; that it is their fundamental purpose, through cooperative effort, to contribute to the raaintennnce and the preservation of pesce in the Pacific e.rea; and th?t neither has territorial designs in the area mentioned. "FORim^ PROPOSED BY J/PANISS "The Japanese Government end the Government 9 5 977 of the United States declare that it is their fundamental purpose, through cooperative effort, to contribute to the maintenance and the preservation of peace in the Pacific area; and that neither has territorial designs in the area mentioned. "The Government of Japan declares that it has no intention to establish military bases within the area of the ,rT estern Hemisphere nor to entertain any political designs therein. Similarly, the Government of the Urited . c .tntes declares thrt it has no intention to establish nilitary bases in East Asia or in the Southwestern Pacific area5 nor to entertein any political designs therein. The Govern-. ment of Japan and the United States mutually recognize the defensive position each maintains respectively in the East Asia area and in the '"estern Hemisphere. "Their objections to the v/ordinp of our draft were thnt they thought the phraseology somewhat redundant rnci thpt they did not imd erst and what we meant by the word 'controlling 1 . They indicated a willingness to accept the v;ord ' b a s i c ' for ' contro l l ing ' after Mr. Hamilton had endeavored to explain. There was no discussion of the second pcra&'raph other th&n a statement by the Japanese that they would be willing to have the contents enbodied in an rnnex. Mr,. Hamilton 9 5978 said that we would take note of the proposal. "Mr. T UYSUGI said thrt they desired to offer no changes with respect to Section VII, but they desired the inclusion of an annex on the part of the Government of Japan reading as follows: "XNNEX SUPPLEMENT ON THE PART OF THE J/PANF.SE GOVERNMENT "VII. Neutralization of the Philippine Islands. "The Government of the United States will accord in the Philippine Islands to the Japanese subjects a non-discrininatory treatment. "Mr. MilTSUDilR/. said that what they had in mind in this point was to provide for non-discrim- ination in natters both of Japanese imnigration and establishment. Mr. Hanilton observed that the quota system in the Philippine Immigration Law was on a non—discriminatory basis. Mr. I^.TSUD/.IRA admitted this, but indicated a desire for a larger quota. "There was no further discussion. Mr. Hamilton said that we vould report to the Secretary and it was agreed that Mr. Ma^TSUDillRA pnd Mr. Ballan- tine v/ould keep in touch h & '$ the next step. '•Foreign Relations II, pp. 458-464." offer in evidence IPS document No. 1632VcI)e)hich is an entry in KIDO 1 s Dir.ry of 9 5 979 June 6,1941. THE PRESIDENT: Admitted on the usual terns. CLERK OF Tirs COURT: Prosecution's docu- ment No.1632 r ' ( 5 1 ) !! receive exhibit No. 1084. ('Thereupon, the docunent pbove referred to v;as marked prosecution's exhibit No. 1084 and received in evidence.) HR. H/RDIN: (Reading) "Extract from Entry from Marquis KIDO's Diary, 6 June 1941. "/.t 9:00 a.n. Prince KONOYE telephoned me to say that Aribassador OSHIMA had an interview h T i t h Hitler at Berchtesgaden and that Germany had at last decided to attack Russia. Hitler had intiraated his desire for J?pen's participation in this war against Russia, though he did not say so. Prince KONOYE also said that the Liaison Conference in 6 h i s connection would be held this morning, snd he h & k e d ne to report this feet to the Throne. I pro- ceeded to the Palace in response to a summons from His Majesty, and was received in audience from 10:20 a.m. to 11:05 a.m. His Majesty discussed at full length the natter mentioned above during the whole period. I had a talk vith the Chief iiid-de-Canp at 9,178 2 j 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2'5 11:10 a.m. and asked hin to keep in close touch with me with regard to the sane. Premier K0N0Y2 made H r . HOSOKjI^A, Secretary to the Premier, bring the telegram of /jibassador OSHIMA to me, and he asked me to study it. I read it and returned it. I was granted an audience v,ith the Emperor from 1:10 p.m. to 1:30 p.m. to report on the substance of the telegram. Foreign Minister HilTSUOKA proceeded to the Palace, and was received in audience by the llnperor to report on the recognition of Croatia and on the telegran fron ilmbassador OSHIMA. Foreign Minister MATSUOKA intimated to me his opinion as to the future outlook of the relations between the Soviet and Germany, According to his opinion as regards the German-Soviet relations, the conclusion of an agreenent was sixty percent possible and the out- break of war forty percent in spite of /jnbassedor OSHIMA's observations. I h&d a visit from FJTSUD/.IRA, Minister of the Imperial Household Department at 2:10 p.m., and he infomed ne of such natters as the visit to Jap an of Ylang Ching- ,,r ei and the circunstances concerning the change of the Lord Chamberlain. At three in the afternoon the Chief Aide-de-Canp informed me of the opinion of the T '7ar Finister concerning relations between the Soviet and Gemany, which confirmed the 9,981 opinion of the Foreign Minister, which was that the outbreak of war was not so irjninent as iimbassador expected." 9 5982 We tender in evidence IPS documsnt 220C-34 from exhibit for identification 58, Volume II. This is excerpt of informal statement handed by- Secretary of State Hull to NOMURA, June 6,1941. THE PRESIDENT: Admitted on the usual terms. CLERK OF TLE COURT: Prosecution's document No. 220C-34- wi l l receive exhibit No. 1085. (Whereupon, the document above referred to was marked prosecution's exhibit No. 1085 and received in evidence,) `  H A R D I N : (Reading) "INFORMAL AND UNOFFICIAL ORAL STATEMENT H M D E D BY THE SECRETARY OF STATE TO THE JAPANESE AL1BA8SAD0R (KOMUP.A) ON JUNE 6,1941 "Excerpts "From such study as it has so far been possible to make of the revisions which the associates of the Japanese Amt>assador offered on June 4 it is disappointing to note a vast difference between the proposal as it now stands with these revisions and the original document on which e a r l i e r discussions g &  The successive Japanese revisions appear to have gradually narrowed down the extent of the advances in the direction of a l i b e r a l policy nnd to have carried the proposal away from the fundamental points        &         &                  which the Government of the United States considers are involved in establishing and preserving peaceful conditions in the Pacific area. The impression that the Secretary of State derives from the proposed revisions as a whole and from recent manifestations of the Japanese Government's attitude is that they evince a. disposition (1)to stress J apan's alignment with the Axis, (2) to avoid giving a clear indication of en intention to place Japan 1 s relations with China on a basis ^ c h in the opinion of the Government of the United States would contribute to a lasting peace and thus to future stability in the Far Er.st, £nd (3) to veer away from clear-cut commitments in regard to policies of peace and of non-discriminatory treatment which are the fundamentals of a sound basis for peace in the Pacific area. As the Sc?crotary of State has indicated f this Government has not wished to take an initiative in commenting upon the merits of the proposed peace terms between Japan and China; comment hes been offered upon this matter because under the nroposed understanding this Government would be expected to take some action with regard to these terms. "Foreign Relations e pp 467-468" THE PRESIDENT: We will adjourn until 9,984  i     &   %  i     &     " # #           half past nine tomorrow morning, (Whereupon, at 1600,an adjournment was taken until Friday, 8 November 1946,at 0930.) 2'5
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