Evening star., 1938-12-31
Text of Note to japan


Of the validity Of the conception Of
Japanese authorities Of q new sit
uation' and q new order in East
Africa, is, in the opinion Of this Gov-
ernment. highly paradoxical.
This country's adherence to and
its advocacy of the principle Of
equality of opportunity do not now
solely from desire to obtain the
commercial benefits which naturally
result from the carrying out of that
principle. They flow from q firm
conviction that observance OF that
principle leads to economic and
political stability, which are con-
ducive both to the internal we'll
being Of nations and to mutually
beneficial and peaceful relationships
between and among nations; from q
firm conviction that failure to OBJ
serve that principle breeds inter-
national friction and Ill will, with
consequences injurious to all coun-
tries. including in particular those
countries which fail to observe it:
and from an equally firm conviction
that observance Of that principle
promotes the opening of trade chan
nels, thereby making available the
markets, the raw materials and the
manufactured products of the COM
munity Of nations on a mutually
and recriprocally beneficial basis.
THE principle of equality Of
economic opportunity is, moreover,
one to which over a long period and
on many occasions the Japanese
government has given definite ap-
proval. It Is one to the observance
Of which the Japanese government
has committed itself In various in
ternational agreements and under
standings. It is one upon observance
Of which by other nations the
Japanese government has OF its own
accord and upon its own initiative
frequently insisted. 1t is one to
which the Japanese government has
repeatedly during recent months de-
clared itself committed.
American Rights Legal.
"The people and the Government
Of the United States could not assent
to the establishment, at the instance
OF and for the special purposes of
any third country, Of a regime which
would arbitrarily deprive them of the
long-established rights Of equal op-
portunity and fair treatment which
are legally and justly theirs along
with those Of other nations.
Fundamental principles, such as
the principle Of equality of oppor-
tunity, which have long been re-
garded as inherently wise and Just,
which have been widely adopted and
adhered to, and which are general
in their application, are not subject
to notification by a unilateral
animation.
With regard to the implication
In the japanese governments note
that the conditions of today and
tomorrow in the Far East call for a
revision of the ideas and principles
OF the past, this Government desires
to recall to the Japanese government
It's position on the subject of re-
vision of agreements.
This Government had occasion
IN the course of q communication
delivered to the Japanese govern
ment on April 20, 1894, to express
its opinion that treaties can law
fully be modified or be terminated,
but only by processes prescribed or
recognized or agreed upon by the
parties to them
In the same communication this
Government also said. In the opin-
ion Of the American people and the
American Government, no nation
can. without the assent Of the other
nations concerned, rightfully en-
deavor to make conclusive its will
In situations where there are in
volved the rights, the obligations
and the legitimate interests of other
sovereign states
Hull Principle Cited.
I'm an on1cial and public state
ment on July 16, 1887, the Secretary
Of State Of the United States de-
clared that this Government advo-
Gates adjustment of problems In
international relations by processes
Of peaceful negotiation and agree
ment.'
"At various times during recent
decades various powers, among
which have been Japan and the
United States, have had occasion to
communicate and to confer with
regard to situations and problems
In the Far East. In the conducting
Of correspondence and Of confer
ences relating to these matters, the
parties involved have invariably
taken into consideration past and
present facts and they have not
failed to perceive the possibility and
the desirability of changes in the
situation. In the making Of treaties
they have drawn up and have agreed
upon provisions intended to facili-
tate advantageous developments and
at the same time to obviate and
avert the arising Of friction between
and among the various powers which,
having interests in the region or
regions under reference, were and
would be concerned. 49,"
In the light of these facts, and
with reference especially to the pur-
pose and the character of the treaty
provisions from time to time SOL
emnly agreed upon for the very
definite purposes indicated, the Coy
ernment Of the United States depre-
Gates the fact that one Of the
parties to these agreements has
chosen to embark-as indicated both
BY action Of it, agents and BY on.
eal Statements of ats authorities