Page 370 PEARL HARBOR ATTACK 1, 2, 5, 6, 7, and 8 above were contained in each draft and remained the same in substance throughout, with but few changes in text. In paragraph 3, the final draft added the proviso contained in the second sentence and omitted specific mention of a limitation of 25,000 upon the total number of Japanese troops to remain in French Indochina, retaining from the prior drafts, however, the limitation expressed in terms of "the number there on July 26,1941." Paragraph 4 was the same in both the final draft and the draft of November 24, but differed from the corresponding provision in the November 22 draft, which had been as follows: "The Government of the United States undertakes forthwith to remove the freezing restrictions which were placed on Japanese assets in the United States on July 26 and the Japanese Government agrees simultaneously to remove the freezing measures which it imposed in regard to American assets in Japan. Exports from each country would thereafter remain subject to the respective export control measures which each country may have in effect for reasons of national defense (ex. 18)." During the 5 days from November 22 to November 26, inclusive, the State Department was the focal point of great activity. After the preparation of the November 22 draft of the *modus vivendi* and in accordance with his conversations with the British Minister on November 18 and the Netherlands and Australian Ministers on November 19, on Saturday, November 22 (Washington time), Secretary Hull arranged a meeting at the State Department with Lord Halifax, the British Ambassador; Dr. Hu Shih, the Chinese Ambassador; Dr. A. Loudon, the Netherlands Minister; and Mr. Richard G. Casey, the Australian Minister. His report of that meeting follows in full: "The British Ambassador, the Australian Minister, and the Netherlands Minister called at my request, the Chinese Ambassador joining us later on. I enumerated the high points in the conversations which I have been carrying on with the Japanese officials here since the spring of this year. They are fully set forth in records of my conversations during that time and need not be repeated here. "I concluded with an account of the Japanese proposal for a *modus vivendi*, I showed it to them to read, with the exception of the Chinese Ambassador who had not yet arrived, and then proceeded to outline my proposed reply in the nature of a substitute for the Japanese proposal. There seemed to be general agreement that a substitute was more desirable than a specific reply to the Japanese proposal, section for section. The substitute reply was substantially what is contained in the present final draft, which I am considering handing to the Japanese. Each of the gentlemen present seemed to be well pleased with this preliminary report to them, except the Chinese Ambassador, who was somewhat disturbed, as he always is when any question concerning China arises not entirely to his way of thinking. This reaction on his part is very natural. He did not show serious concern in view of the provision in our proposed *modus vivendi* which would block a Japanese attack on China in order to destroy the Burma Road. He inquired whether this would commit the Japanese not to further invade China during the coming three months, to which I replied in the negative, adding that this was a question to be decided under the permanent agreement now receiving attention. I made it clear that this proposal was made by the Japanese and that there was probably not one chance in three that they would accept our reply even though it does provide that this proposed temporary arrangement constitutes a part of the general conversations looking toward a general agreement on the basic questions (ex. 18)." Secretary Hull's memoranda of his subsequent conversations with those who attended this meeting show that each of them immediately reported to their respective Governments, for comment, the terms of the Japanese note of November 20 to the United States and of the November 22 draft of the proposed *modus vivendi* (ex. 18)." Later that day, November 22, Ambassadors Nomura and Kurusu called on Secretary Hull. The Secretary told them that he had PEARL HARBOR ATTACK Page 371 talked with the representatives of the other Governments mentioned above, and "that there had been a discussion of the question of whether things (meaning Japanese peaceful pledges, et cetera) could be developed in such a way that there could be a relaxation to some extent of freezing. The Secretary said that these representatives were interested in the suggestion and there was a general feeling that the matter could all be settled if the Japanese could give us some satisfactory evidences that their intentions were peaceful. "The Secretary said that in discussing the situation with the representatives of these other countries he found that there had arisen in their minds the same kind of misgivings that had troubled him in the course of the conversations with the Japanese Ambassador. He referred to the position in which the Japanese Government had left the Ambassador and the Secretary as they were talking of peace when it made its move last July into Indochina. He referred also to the mounting oil purchases by Japan last Spring when the conversations were in progress, to the fact that he had endured public criticism for permitting those shipments because he did not wish to prejudice a successful outcome to the conversations and to the fact that that oil was not used for normal civilian consumption. "The Secretary went on to say that the Japanese press which is adopting a threatening tone gives him no encouragement and that no Japanese statesmen are talking about a peaceful course whereas in the American press advocacy of a peaceful course can always get a hearing. He asked why was there not some Japanese statesmen backing the two Ambassadors by preaching peace. The Secretary pointed out that if the United States and other countries should see Japan coming along a peaceful course there would be no question about Japan's obtaining all the materials she desired, that the Japanese Government knows that. "The Secretary said that while no decisions were reached today in regard to the Japanese proposals he felt that we would consider helping Japan out on oil for civilian requirements only as soon as the Japanese Government could assert control of the situation in Japan as it relates to the policy of force and conquest. He said that if the Ambassador could give him any further assurances in regard to Japan's peaceful intentions it would help the Secretary in talking with senators and other persons in this country (ex. 29, vol. II, pp. 757-758)." Later, Secretary Hull commented that Japan made it very difficult by leaving troops in Indochina. Ambassador Kurusu replied- "that the Japanese desired the troops in northern Indo-China in order to bring about a settlement with China. He said that after the settlement of the China affair Japan promised to bring the troops out of Indo-China altogether. "The Secretary emphasized again that he could not consider this, that also uneasiness would prevail as long as the troops remained in Indo- China, and commented that Japan wanted the United States to do all the pushing toward bringing about a peaceful settlement; that they should get out of Indo-China. "Mr. Kurusu observed that the Japanese Foreign Minister had told Ambassador Grew that we seemed to expect that all the concessions should be made by the Japanese side (ex. 29, vol. II, p. 760)." After further discussion of the troop situation in Indochina. Ambassador Nomura pressed Secretary Hull for an answer to the Japanese proposal of November 20. In reply, the Secretary said "that if the Japanese could not wait until Monday before having his answer there was nothing he could do about it as he was obliged to confer again with the representatives of the other governments concerned after they had had an opportunity to consult with their governments. He repeated that we were doing our best, but emphasized that unless the Japanese were able to do a little there was no use in talking (ex. 29, vol. II, p. 761)." Ambassador Nomura "disclaimed any desire to press the Secretary too hard for an answer * * * and said that the Japanese would be quite ready to wait until Monday" (ex. 29, vol. II, p. 761). Ambassador Nomura sent two reports of this meeting to Tokyo (ex. 1, pp. 167-169,170-171), in one of which he observed: Page 372 PEARL HARBOR ATTACK "We (Japanese Ambassadors) kept a calm appearance throughout the talk, and at no time became excited, and the opponent's attitude was also the same (ex. 1, p. 171)." The two Ambassadors did not meet with Secretary Hull again until Wednesday afternoon, November 26 (Washington time), when the Secretary gave them the United States reply (ex. 29, vol. II, pp. 764-770) . There is no evidence before the Committee of any meetings or conferences outside the State Department regarding the *modus vivendi* the next day, Sunday, November 23 (Washington time). However, Monday, November 24 (Washington time), like the preceding Saturday, was a day of great activity. A new draft of the entire counterproposal was completed in the Department over the weekend (ex. 18). During the early part of the afternoon Secretary Hull had telephone conversations with Secretary Stimson and Secretary Knox, as well as a conference with Admiral Schuirmann (tr. 1166). At 3:30 p. M., Secretary Hull had a conference at the State Department with General Marshall and Admiral Stark, at which the new draft was discussed in detail (tr. 1166; ex. 18). During this conference General Marshall expressed the opinion that 25,000 Japanese troops in French Indo-China, the maximum permitted under the current draft of the *modus vivendi*, would not be a menace (ex. 18). Following his conference with General Marshall and Admiral Stark at the State Department, Lord Halifax, Dr. Hu Shih, Dr. Loudon, and Mr. Casey called on Secretary Hull at his request, and to each of them he handed copies of the latest draft of the *modus vivendi*. The Secretary's memorandum of that meeting records that they spent an hour reading the draft and taking notes to send back to their Governments. The memorandum continues: "The Chinese Ambassador objected to more than a maximum of 5,000 Japanese troops being left in Indochina. I again stated that General Marshall had a few minutes before expressed to me his opinion that 25,000 troops would be no menace and that, while this Government did not recognize the right of Japan to keep a single soldier in Indochina, we were striving to reach this proposed temporary agreement primarily because the heads of our Army and Navy often emphasize to me that time is the all-important question for them, and that it is necessary to be more fully prepared to deal effectively with the situation in the Pacific area in case of an outbreak by Japan. I also emphasized the point that, even if we agree that the chances of such an outbreak are not great, it must be admitted that there are real possibilities that such an outbreak may soon occur any day after this week unless a temporary arrangement is effected that will cause the agitated state of public opinion to become more quiet and thereby make it much more practicable to continue the conversations relative to the general agreement. "The Chinese Ambassador dwelt on the matter of reducing the proposed figure of 25,000 soldiers to remain in Indochina to 5,000. I pointed out and each of the representatives understood the great advantage it would be to our five countries to have Japan committed to a peaceful course for three months and set forth the advantages to each of having additional time in which to make further preparations, et ectera, et ectera. They seemed to be very much gratified. They seemed to be thinking of the advantages to be derived without any particular thought of what we should pay for them, if anything. Finally, when I discovered that none of their governments had given them instructions relative to this phase of the matter, except in the case of the Netherlands Minister, I remarked that each of their Governments was more interested in the defense of that area of the world than this country, and at the same time they expected this country, in case of a Japanese outbreak, to be ready to move in a military way and take the lead in defending the entire area. And yet I said their Governments, through some sort of preoccupation in other directions, do not seem to know anything about these phases of the questions under discussion. I made it clear that I was definitely disappointed at these unexpected developments, at the lack of interest and PEARL HARBOR ATTACK Page 373 lack of a disposition to cooperate. They said nothing except the Netherlands Minister who then replied that he had heard from his Government and that it would support the *modus vivendi* proposal. I then indicated that I was not sure that I would present it to the Japanese Ambassador without knowing anything about the views and attitude of their Governments. The meeting broke up in this fashion (ex. 18)." Later that day Secretary Hull sent to President Roosevelt a draft of a proposed message from the President to Prime Minister Churchill. The proposed message summarized the Japanese note of November 20, saying that the Japanese Ambassador had "represented" that the conclusion of such a "modus vivendi" might give the Japanese Government opportunity to develop public sentiment in Japan in support of a liberal and comprehensive program of peace covering the Pacific area and that "the domestic political situation in Japan was so acute as to render urgent some relief such as was envisaged in the proposal." The message pointed out that the Japanese proposal "would apparently not exclude advancement into China from Indo-China " It went on to say that the United States Government proposed to inform the Japanese Government that in its opinion the Japanese proposals contained features "not in harmony with the fundamental principles which underlie the proposed general settlement" to which each Government had declared that it was committed, and then summarized the terms of the *modus vivendi* which was being considered by the United States Government as an alternative proposal. The message advised the Prime Minister that the British Ambassador in Washington had been informed and was informing the British Foreign Minister (ex. 18). President Roosevelt returned the draft message to Secretary Hull with the notation "O. K., see addition. F. D. R." (Ex. 18). The "addition" referred to by the President was the following sentence which he had written in longhand for insertion at the end of the message: "This seems to me a fair proposition for the Japanese but its acceptance or rejection is really a matter of internal Japanese politics. I am not very hopeful and we must all be prepared for real trouble, possibly soon (ex. 18)." The message, with the sentence added by the President, was sent to the Prime Minister at 11 p. m. That evening, November 24 (Washington time), through Ambassador Winant in London (ex. 18). The next day, Tuesday, November 25 (Washington time), the draft counterproposal was once more revised in the State Department. This was the final revision of the section containing the *modus vivendi*. At 9:30 a. M. Secretary Stimson and Secretary Knox met with Secretary Hull at the State Department for their "usual Tuesday morning meeting" (tr. 14,390), which Secretary Stimson described in his notes: "Hull showed us the proposal for a three months' truce, which he was going to lay before the Japanese today or tomorrow. It adequately safeguarded all our interests, I thought as we read it, but I don't think there is any chance of the Japanese accepting it, because it was so drastic. In return for the propositions which they were to do; namely, to at once evacuate and at once to stop all preparations or threats of action, and to take no aggressive action against any of her neighbors, etc., we were to give them open trade in sufficient quantities only for their civilian population. This restriction was particularly applicable to oil. We had a long talk over the general situation (tr. 14,417-14,418)." It is clear that Secretary Stimson's description of the *modus vivendi* as "so drastic" refers to the limited nature of the trade concessions to be made by the United States under it. Page 374 PEARL HARBOR ATTACK At noon that day the so-called "War Council" composed of President Roosevelt, Secretaries Hull, Stimson, and Knox, and General Marshall and Admiral Stark met at the White House. The discussion centered on the Japanese situation. According to Secretary Stimson's notes, the President "brought up the event that we were likely to be attacked perhaps (as soon as) next .Monday, for the Japanese are notorious for making an attack without warning, and the question was what we should do. The question was how we should maneuver them into the position of firing the first shot without allowing too much danger to ourselves. [1] It was a difficult proposition. Hull laid out his general broad propositions on which the thing should be rested the freedom of the seas and the fact that Japan was in alliance with Hitler and was carrying out his policy of world aggression. The others brought out the fact that any such expedition to the South as the Japanese were likely to take would be an encirclement of our interests in the Philippines and cutting into our vital supplies of rubber from Malaysia. I pointed out to the President that he had already taken the first steps toward an ultimatum in notifying Japan way back last summer that if she crossed the border into Thailand she was violating our safety and that therefore he had only to point out (to Japan) that to follow any such expedition was a violation of a warning we had already given. So Hull is to go to work on preparing that (tr. 14,418-14,419)." In addition to Secretary Hull's testimony regarding this meeting (tr. 1144), the record before the Committee contains a copy of a letter written by the Secretary to the Roberts Commission a little over a month after the meeting. In that letter, after stating that at the meeting of the War Council on November 25, as well as the meeting on November 28, he had "emphasized the critical nature" of the relations between the United States and Japan, the Secretary continued: "I stated to the conference that there was practically no possibility of an agreement being achieved with Japan; that in my opinion the Japanese were likely to break out at any time with new acts of conquest by force; and that the matter of safeguarding our national security was in the hands of the Army and the Navy. At the conclusion I with due deference expressed my judgment that any plans for our military defense should include an assumption that the Japanese might make the element of surprise a central point in their strategy and also might attack at various points simultaneously with a view to demoralizing efforts of defense and of coordination for purposes thereof (ex. 174)." General Marshall testified that he had "a very distinct recollection of Mr. Hull's saying at one of those meetings, one of the last, 'These fellows mean to fight; you will have to be prepared" (tr. 3079). Admiral Stark, who attended the War Council meeting on November 25, added a postscript concerning it to a letter of that date which he sent to Admiral Kimmel at Pearl Harbor. In the postscript, he described the comments of the President and the Secretary of State: "I held this up pending a meeting with the President and Mr. Hull today. I have been in constant touch with Mr. Hull and it was only after a long talk with him that I sent the message to you a day or two ago showing the gravity of the situation. He confirmed it all in today's meeting, as did the President. Neither would be surprised over a Japanese surprise attack (ex. 100)." After the meeting at the White House, Secretary Hull returned to the State Department and Secretary Stimson to the War Department. Secretary Stimson recorded in his notes: [1] With reference to this sentence in Secretary Stimson's notes, General Marshall testified: "* * * they were trying to arrange a diplomatic procedure, rather than firing of a gun, that would not only protect our interests, by arranging matters so that the Japanese couldn't intrude any further in a dangerous way, but also anything they did do, they would be forced to take the offensive action, and what we were to do had to be prepared for the President by Mr. Hull. It was not a military order. It was not a military arrangement" (tr. 13801). PEARL HARBOR ATTACK Page 375 "When I got back to the Department I found news from G-2 that an (a Japanese) expedition had started. Five Divisions have come down from Shantung and Shansi to Shanghai and there they had embarked on ships 30, 40, or 50 ships-and have been sighted south of Formosa. I at once called up Hull and told him about it and sent copies to him and to the President of the menace from G-2 (tr. 14419)." Secretary Hull's record of telephone calls shows a call on that day from Secretary Stimson at 4:30 p. m. (tr. 1166), and the record of outside telephone calls through the White House switchboard shows such a call at 4:25 p. m. and that the call was completed (tr. 5545). The latter record also shows that Postmaster General Walker telephoned Secretary Hull four times that afternoon (tr. 5545-5546). The first call was at 12:27 p. M., while the meeting at the White House was in progress, and was not completed. The other calls, which were completed, were at 3:30,4:05, and 5:30 p. m. In the meantime reports were reaching Washington of the reactions of the Chinese, Dutch, and British Governments to the terms of the proposed *modus vivendi*. As noted above, the Netherlands Minister informed Secretary Hull at the conference on the afternoon of November 24 (Washington time) that his Government would support the *modus vivendi* proposal. The next day the Minister formally transmitted to Secretary Hull his Government's comments on the Japanese note of November 20 and the proposed *modus vivendi* (tr. 4471-4474). The comments of the British Foreign Secretary, Sir Anthony Eden, were contained in a memorandum handed to Secretary Hull on the same day by Lord Halifax, the British Ambassador (ex. 18). That memorandum expressed the willingness of the British Foreign Office to leave to Secretary Hull the decision whether to reject the Japanese proposals or make a counterproposal. It took the position that the Japanese proposals should be regarded " as the opening movement in a process of bargaining," and suggested that if a counterproposal should be made, "our demands should be pitched high and our price low." On this basis it was suggested "for the consideration of the United States Government" that any counterproposal "should stipulate for the total withdrawal from Indo-China not merely of the Japanese "troops" as in the Japanese proposal but of Japanese naval, military and air forces with their equipment and for the *suspension of further military* advances in China in addition to satisfactory assurances regarding other areas in South East Asia, the Southern Pacific and Russia; the quid pro quo being legitimate relaxation of existing economic measures so as to allow the export of limited quantities of goods to ensure the welfare of the Japanese civilian population, but excluding goods of direct importance to the war potential, in particular oil, of which we know the Japanese have no shortage except for military purposes. These relaxations would of course only become effective as and when withdrawal of Japanese armed forces took place, and we should expect in return to receive goods of a similar nature from Japan if we required them. "Mr. Hull has of course made it perfectly clear to the Japanese that any interim arrangement is only a first step in a wider settlement which must be in conformity with basic principles acceptable to the United States. We feel that to prevent misrepresentation by Japan it will have to be made public that any interim agreement is purely provisional and is only concluded to facilitate negotiation of an ultimate agreement on more fundamental issues satisfactory to all parties concerned (ex. 18). (Italics in original.)" Prime Minister Churchill's reply to President Roosevelt's message of November 24 reached the State Department early on the morning of November 26 (ex. 23). In it the Prime Minister said: "Your message about Japan received tonight. Also full accounts from Lord Halifax of discussions and your counter project to Japan on which Foreign" Page 376 PEARL HARBOR ATTACK Secretary has sent some comments. Of course, it is for you to handle this business and we certainly do not want an additional war. There is only one point that disquiets us. What about Chiang Kai Shek? Is he not having a very thin diet? Our anxiety is about China. If they collapse our joint dangers would enormously increase. We are sure that the regard of the United States for the Chinese cause will govern your action. We feel that the Japanese are most unsure of themselves (ex. 23)." The views of the Chinese Government had already been made known to the United States Government. The Chinese Foreign Minister, to whom on November 22 the Chinese Ambassador in Washington had cabled the substance of the Japanese note of November 20 and the proposed *modus vivendi*, sent the following message to the Chinese Ambassador on November 24: "After reading your telegram, the Generalissimo showed strong reaction. He got the impression that the United States Government has put aside the Chinese question in its conversations with Japan instead of seeking a solution, and is still inclined to appease Japan at the expense of China. * * * We are * * * firmly opposed to any measure which may have the effect of increasing China's difficulty in her war of resistance, or of strengthening Japan's power in her aggression against China. Please inform the Secretary of State (ex. 18)." On November 25, Owen Lattimore, Generalissimo Chiang Kai-shek's American advisor, cabled Lauchlin Currie, one of President Roosevelt's administrative assistants: "After discussing with the Generalissimo the Chinese Ambassador's conference with the Secretary of State, I feel you should urgently advise the President of the Generalissimo's very strong reaction. I have never seen him really agitated before. Loosening of economic pressure or unfreezing would dangerously increase Japan's military advantage in China. A relaxation of American pressure while Japan has its forces in China would dismay the Chinese. Any 'Modus Vivendi' now arrived at with Japan would be disastrous to Chinese belief in America and analogous to the closing of the Burma Road, which permanently destroyed British prestige. Japan and Chinese defeatists would instantly exploit the resulting disillusionment and urge oriental solidarity against occidental treachery. It is doubtful whether either past assistance or increasing aid could compensate for the feeling of being deserted at this hour. The Generalissimo has deep confidence in the President's fidelity to his consistent policy but I must warn you that even the Generalissimo questions his ability to hold the situation together if the Chinese national trust in America is undermined by reports of Japan's escaping military defeat by diplomatic victory (ex. 18)." The same day, Generalissimo Chiang Kai-shek cabled Mr. T. V. Soong in Washington the following message, which the latter promptly delivered to Secretary Stimson and Secretary Knox: "I presume Ambassador Hu Shih has given you a copy of my telegram yesterday. Please convey contents of the message to Secretaries Knox and Stimson immediately. "Please explain to them the gravity of the situation. If America should relax the economic blockade and freezing of Japanese assets, or even if reports that the United States is considering this should gain currency, the morale of our troops will be sorely shaken. During the past two months the Japanese propaganda have spread the belief that in November an agreement will be successfully reached with the United States. They have even come to a silent but nonetheless definite understanding with the doubtful elements in our country. If, therefore, there is any relaxation of the embargo or freezing regulations, or if a belief of that gains ground, then the Chinese people would consider that China has been completely sacrificed by the United States. The morale of the entire people will collapse and every Asiatic nation will lose faith, and indeed suffer such a shock in their faith in democracy that a most tragic epoch in the world will be opened. The Chinese army will collapse, and the Japanese will be enabled to carry through their plans, so that even if in the future America would come to our rescue the situation would be already hopeless. Such a loss would not be to China alone. PEARL HARBOR ATTACK Page 377 "We could therefore only request the United States Government to be uncompromising, and announce that if the withdrawal of Japanese armies from China, is not settled, the question of relaxing of the embargo or freezing could not be considered. If, on the other hand, the American attitude remains nebulous Japanese propaganda will daily perform its fell purpose so that at no cost to them this propaganda will effect the break-down of our resistance. Our more than four years of struggle with the loss of countless lives and sacrifices and devastation unparalleled in history would have been in vain. The certain collapse of our resistance will be an unparalleled catastrophe to the world, and I do not indeed know how history in future will record this episode (ex. 18)." The evening of November 25 (Washington time), Dr. Hu Shih, the Chinese Ambassador, called on Secretary Hull and delivered to him a copy of the Chinese Foreign Minister's telegram quoted above. According to Secretary Hull's memorandum of the conversation, the Ambassador endeavored to explain Generalissimo Chiang Kai-shek's opposition to the *modus vivendi* on the ground that the Generalissimo was not thoroughly acquainted with the over-all international aspects of the Japanese situation, and viewed it only from his own situation in Chungking (ex. 18). The Secretary's memorandum continued: "I replied that in the first place the official heads of our Army and Navy for some weeks have been most earnestly urging that we not get into war with Japan until they have had an opportunity to increase further their plans and methods and means of defense in the Pacific area. In the second place, at the request of the more peaceful elements in Japan for conversations with this Government looking toward a broad peaceful settlement for the entire Pacific area, we have been carrying on conversations and making some progress thus far, and the Japanese are urging the continuance of these general conversations for the purpose of a broad Pacific area settlement. The situation, therefore, is that the proposed *modus vivendi* is really a part and parcel of the efforts to carry forward these general conversations for the reasons that have been fully stated from time to time, and recently to the Chinese Ambassador and to others. "I said that very recently the Generalissimo and Madame Chiang Kai-shek almost flooded Washington with strong and lengthy cables telling us how extremely dangerous the Japanese threat is to attack the Burma Road through Indochina and appealing loudly for aid, whereas practically the first thing this present proposal of mine and the President does is to require the Japanese troops to be taken out of Indochina and thereby to protect the Burma Road from what Chiang Kai-shek said was an imminent danger. Now, I added, Chiang Kai-shek ignores that situation which we have taken care of for him and inveighs loudly about another matter relating to the release of certain commodities to Japan corresponding to the progress made with our conversations concerning a general peace agreement. He also overlooks the fact that our proposal would relieve the menace of Japan in Indochina to the whole South Pacific area, including Singapore the Netherlands East Indies, Australia, and also the United States, with the Philippines and the rubber and tin trade routes. All of this relief from menace to each of the countries would continue for ninety days. One of our leading admirals stated to me recently that the limited amount of more or less inferior oil products that we might let Japan have during that period would not to any appreciable extent increase Japanese war and naval preparations. I said that, of course, we can cancel this proposal but it must be with the understanding that we are not to be charged with failure to send our fleet into the area near Indochina and into Japanese waters, if by any chance Japan makes a military drive southward. "The Ambassador was very insistent in the view that he would send back to his Government a fuller explanation which he hoped might relieve the situation more or less. Our conversation was, of course, in a friendly spirit (ex. 18)." The same evening, whether before or after his talk with Secretary Hull is not clear from the record before the Committee, Dr. Hu Shih called on Dr. Stanley E. Hornbeck, political advisor to the Secretary. After expressing to Dr. Hornbeck his complete confidence that the United States "would yield nothing in the field of principles and pursue no course of 'appeasement' ", the Chinese Ambassador repeated what Page 378 PEARL HARBOR ATTACK he had said at the conference the preceding day regarding the second and third points of the *modus vivendi*, evidencing the concern of his Government that point 2 would leave Japan free to continue operations against China and that point 3 would not sufficiently limit the number of Japanese troops in Indo-China to dispel the Japanese threat to the Burma Road. He expressed the hope that the *modus vivendi* would be made more restrictive (ex. 18). In the meantime, other intercepted Japanese messages available to Secretary Hull before delivery of the United States reply on November 26 (Washington time), in addition to the messages (ex. 1, pp. 155, 160) in which the Japanese Foreign Minister told Ambassador Nomura that a return to the status prior to the freezing orders was not enough and that it would be necessary to have a solution that would "come up to the B proposal," had indicated that the Japanese Government would accept nothing less than the terms of that proposal. Thus, on November 24 (Japan time), the Japanese Foreign Minister cabled Ambassador Nomura: "Our expectations, as I told you in my #798, go beyond the restoration of Japan-American trade and a return to the situation of the freezing legislation and require the realization of all points of Proposal B with the exception of clauses 6 and 7. (*Note*. Clauses 6 and 7 were not included in the Japanese proposal of November 20.) Therefore, our demand for a cessation of aid to Chiang (the acquisition of Netherlands Indies goods and at the same time the supply of American petroleum to Japan as well) is a most essential condition (ex. 1, p. 172)." Again on November 26 (Japan time) Foreign Minister Togo cabled Ambassador Nomura that "our final proposal envisages an agreement on the basis of the 'B' proposal in toto" with the two exceptions already noted (ex. 1, p. 176). The same day the Foreign Minister cabled Ambassador Nomura that as soon as he reached a settlement on the basis of the November 20 note "it is essential that you secure guarantees for the acquisition of goods in connection with clauses 2 and 3 (*Note*: clauses 3 and 4 of the November 20 note) of that proposal. Of these goods the acquisition of petroleum is one of the most pressing and urgent requirements of the Empire. Therefore, * * * prior to the signing of an understanding, and at as early a date as possible, I would like to have you make our wishes known insofar as petroleum imports are concerned along the following lines: "4,000,000 tons per year from the United States (ex. 1, p. 177)." On November 21 (Washington time) Ambassador Kurusu had called on Secretary Hull and handed him a letter which he proposed to sign as a clarification of Japan's interpretation of the Tripartite Pact. The proposed letter asserted that the Pact did not in any way infringe the sovereign rights of Japan as an independent state; that Japan was free to make its own interpretation; that the Japanese Government would not become involved in war "at the behest of any foreign power"; and that it would " accept warfare only as the ultimate, inescapable necessity for the maintenance of its security and the preservation of its national life against active injustice" (ex. 29, vol. II, p. 757). The record of the conversations shows that the substance of all of these assertions had been made by the Japanese many times before. Secretary Hull asked the Ambassador whether he had anything more to offer on the whole subject of a peaceful settlement, and Mr. Kurusu replied that he did not (ex. 29, vol. II, p. 756). Secretary Hull described this incident in his testimony: PEARL HARBOR ATTACK Page 379 "The next morning, Kurusu came to my apartment in the hotel and was talking about the Tripartite Agreement, endeavoring to minimize that, and I suddenly inquired of him if his government had anything more to offer on the general peace situation, and he quickly said, 'No.' "So there we had nailed down what he said was the last proposal and what their interceptions had informed us was very final in the matter (tr. 1181)." Secretary Hull had also received a report from Ambassador Grew of his talk with Foreign Minister Togo on November 24 (Japan time), during which the Foreign Minister stated that the withdrawal of the Japanese troops from southern to northern Indochina was the maximum concession Japan could make "in any event", and that Japan would be willing to have President Roosevelt act as "introducer" between Japan and China "with the understanding that then the United States would refrain from action prejudicial to restoring peace between China and Japan," I. E., cease all aid to China (ex. 29, vol. II, pp. 762-763). On Wednesday, November 26 (Washington time), Secretary Stimson talked with Secretary Hull at 9:15 a. M. And again at 9:50 a. m., according to the White House telephone records (tr. 5546). Mr. Stimson summarized the conversations in his notes: "Hull told me over the telephone this morning that he had about made up his mind not to give (make) the proposition that Knox and I passed on the other day to the Japanese but to kick the whole thing over to tell them that he has no other proposition at all. The Chinese have objected to that proposition when he showed it to them; that is, to the proposition which he showed to Knox and me, because it involves giving to the Japanese the small modicum of oil for civilian use during the interval of the truce of the three months. Chiang Kai-shek had sent a special message to the effect that that would make a terrifically bad impression in China; that it would destroy all their courage and that they (it) would play into the hands of his, Chiang's, enemies and that the Japanese would use it. T. V. Soong had sent me this letter and has asked to see me and I had called Hull up this morning to tell him so and ask him what he wanted me to do about it. He replied as I have just said above that he had about made up his mind to give up the whole thing in respect to a truce and to simply tell the Japanese that he had no further action to propose (tr. 14,420)." On his return to the State Department from the War Council meeting the preceding day, Secretary Hull had been told by Secretary Stimson that the Japanese were embarking a large expeditionary force of 30, 40, or 50 ships at Shanghai and that this expedition was proceeding along the China coast south of Formosa. Secretary Stimson had also telephoned President Roosevelt about this, and had sent copies of the intelligence report to him. A few minutes after his telephone conversations with Secretary Hull on the morning of November 26, Secretary Stimson telephoned the President to inquire whether he had received the report on the Japanese expedition. According to Secretary Stimson's notes, the President "fairly blew up jumped up into the air, so to speak, and said he hadn't seen it and that that changed the whole situation because it was an evidence of bad faith on the part of the Japanese that while they were negotiating for an entire truce-an entire withdrawal (from China) they should be sending this expedition down there to Indo-china, I told him that it was a fact that had come to me through G-2 and through the Navy Secret Service and I at once got another copy of the paper I had sent last night and sent it over to him by special messenger (tr. 14,420- 14,421)." The record before the Committee contains the following "Memorandum for the President," dated November 26 (Washington time) and signed by Secretary Stimson: