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293 Legation in Washington to Department of External Affairs

Cablegram 724 WASHINGTON, 5 June 1946, 9.09 p.m.

SECRET

FEC 115.

1. F.E.C. Meeting on 5th June. Dr Evatt represented Australia.

2. Paper on Aliens in Japan was adopted (text in separate cable).

3. The Soviet member said that tours of Japan by Emperor should be
forbidden, because they were propaganda for the Imperial
Institution. In view of the fact that majority of Commission was
not prepared to direct this at the present, he would agree to
sending questions to SCAP on the effect of these tours. Dr Evatt
said that tours were part of the whole question of the future of
the Imperial Institution, and asked that a Commission policy on
this be formulated as soon as possible and transmitted to SCAP.

Australia believed that the Japanese should be encouraged to
abolish the Imperial institution, or reform it along Democratic
lines, he supported the Statement to this effect by United States
Government in FEC paper 019. He said that the actual effect of the
tours was a matter for primary consideration by the Supreme
Commander, and those acquainted with local conditions. Dr Evatt
moved that the constitutional Committee be directed to consider at
the earliest possible date the whole question of the Imperial
institution, including the Emperor's tours. He was supported by
Canada, France, The Netherlands, and New Zealand, the motion was
carried unanimously.

4. A statement by MacArthur dated 13th April on the Japanese
constitution was presented today. [1] On Dr. Evatt's motion, this
and other constitutional papers were referred to the
constitutional Committee for early report. Dr Evatt stressed that
the Commission's power to lay down policy was unquestioned, but
said that the views of MacArthur should have serious consideration
in view of his special position and knowledge. McCoy [2] said,
that SCAP's views were his personal opinion, and not necessarily
those of the United States Government. However, MacArthur's claims
go a good deal beyond his existing authority in relation to F.E.C.

and the question of proper declaration of functions will soon
become of crucial importance.

5. The Commission heard a Statement from the United States member
on the way in which the Commission's decision on 25th April on
food had been carried out. [3] The United States member said that
the decision had been communicated to General MacArthur, but had
not been sent as a directive, because the United States Government
did not regard it as a Policy decision. The Supreme Commander, so
far as we know, had not consulted the Allied Council on Food,
because he apparently believed that consultation at this time was
neither necessary, or appropriate, the United States Policy, under
which Food Imports had already been asked, was in line with that
laid down by the Commission. Dr Evatt commented that two things
were clear, the United States Government did not issue a
directive, and the Supreme Commander could consequently say with
perfect logic, that the Commission's decision was not binding on
him, because it had not been issued to him in the form of a
directive. As a consequence too, the Allied Council could not deal
with the matter. Sir Carl Berendsen (New Zealand) and Vesugar [4]
(India) expressed similar views regarding the power of the
Commission and attempts to prevent its smooth functioning. These
questions will be again reviewed shortly after Forsyth's arrival.

[5]

1 On 10 April the F.E.C. had expressed the Commission's particular
concern with procedures by which the Japanese constitution was to
be adopted and had unanimously resolved to request that MacArthur
send a member of his staff to Washington to discuss with the
Commission MacArthur's plans and views on Japanese constitutional
reform. The Commission was not informed until 31 May of
MacArthur's reply stating that he could not spare an officer to
confer with the Commission, that the situation could be judged
only in Tokyo, and that no other officer could represent
adequately his views. The long document presented to the
Commission on 5 June reviewed in detail the process of preparation
of the draft constitution, consultation between SCAP and the
Japanese Govt, and U.S. Govt instructions on policy. It argued
that the F.E.C. had no power to require prior approval of any
action taken by SCAP or by the Japanese Govt to implement the
surrender terms, that its function was limited to formulation of
guiding policy in the absence of which MacArthur's authority to
proceed with implementation of the Potsdam Declaration and the
surrender terms was unrestricted. The full text of the document is
given in Robin Kay, ed., Documents on New Zealand External
Relations, Volume II, The Surrender and Occupation of Japan,
Wellington, 1982, pp. 418-21.

2 Major General Frank R. McCoy, Chairman of the Commission.

3 See Document 236 and note 3 thereto.

4 J. Vesugar, Indian member of the Steering Committee.

5 Forsyth was en route to the United States to assist Evatt.


[AA:A1067, ER46/13/19/1]
Last Updated: 11 September 2013
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