[1959] PEARL HARBOR ATTACK THURSDAY, NOVEMBER 29, 1945 CONGRESS OF THE UNITED STATES, The Joint Committee met, pursuant to adjournment, at 10 a. m., in the caucus room (room 318), Senate Office Building, Senator Alben. W. Barkley (chairman) presiding. Present: Senators Barkley (chairman), George, Lucas, Brewster, and Ferguson and Representatives Cooper (vice chairman), Clark, Murphy, Gearhart, and Keefe. Also present: William D. Mitchell, general counsel; Gerhard A. Gesell, Jule M. Hannaford, and John E. Masten, of counsel, for the joint committee. [1960] The CHAIRMAN. The committee will come to order. Before proceeding, the Chair wishes to announce that the committee has been officially advised that General Marshall will be able to testify before the committee prior to his departure for China. As soon as his schedule in this respect is definite he will advise the committee in ample time to arrange for his testimony before he leaves the country. . I might say, in that connection, that General Marshall is just as anxious to testify before the committee as the committee is to have him testify. When we recessed I believe that Senator Ferguson announced that he wanted to ask some questions. me. Senator FERGUSON. I believe that Senator Brewster was ahead of The CHAIRMAN. All right. Mr. GREW. Mr. Chairman, may I Senator FERGUSON. I can go ahead if you want me to. The VICE CHAIRMAN. Mr. Grew has something to say. TESTIMONY OF JOSEPH CLARK GREW (Resumed) Mr. GREW. Might I clear up two or three points, Mr. Chairman, concerning information which was asked of me? The CHAIRMAN. Yes. Mr. GREW. One question raised was as to whether I had been informed of the consideration in Washington of a modus vivendi with the Japanese at the end of November. I could not recollect whether I was informed of that in the mass of [1961] correspondence and events that occurred at that time, but I now have found a telegram from the Secretary of State to me in which he tells me the whole story. I can submit that to counsel or read it, as you wish. The CHAIRMAN. Go ahead and read it. Mr. GREW. All right. Mr. KEEFE. May I ask a question? The CHAIRMAN. Yes. Mr. KEEFE. Does it relate to the question which I asked Mr. Grew yesterday? Mr. GREW. I think you asked the question, Mr. Congressman. Mr. KEEFE. Is that telegram published? Mr. GREW. I do not think it has yet been published. Mr. KEEFE. It is not included in your diary? Mr. GREW. No, sir. Mr. KEEFE. And it is not included in any of these publications of the State Department? Mr. GREW. I haven't checked it but I do not think it is. Mr. KEEFE. And where did you get the telegram? Mr. GREW. From the files of the Department of State. Mr. KEEFE. You went to the Department of State after your testimony? [1962] Mr. GREW. No; I did not go myself but several requests have been made to see if certain things took place during that period, whether I had been informed of this or that. This is one of the points raised and I instituted a search to see if I was informed of the modus vivendi plan and I have only this morning, just now, just 5 minutes ago, received this telegram. Mr. KEEFE. Very well. WASHINGTON, November 28, 1941. Ambassador Tokyo, Japan, 796. Strictly confidential for the Ambassador and the Counsellor only. Following the Japanese proposals of November 20, the Department gave consideration to a number of alternate proposals and counter-suggestions or combinations thereof which suggested themselves to the Department for possible presentation to the Japanese Government. At one time the Department considered the question of presenting to the Japanese Government simultaneously with the proposal which was actually given them on November 26, an alternate plan for a temporary modus [1963] vivendi. The draft under consideration at that time called for a temporary modus vivendi to be in effect for a period of three months during which time conversations would continue toward the working out of a comprehensive peaceful settlement covering the entire Pacific area. At the end of the period of the term of the modus vivendi both Governments would confer at the request of either to determine whether the extension of the modus vivendi was justified by the prospects of reaching a settlement of the sort sought. The draft modus vivendi which we were considering contained mutual pledges of peaceful interest, a reciprocal undertaking not to make armed advancement in northeastern Asia and the northern Pacific area, southeast Asia and the southern Pacific area, an undertaking by Japan to withdraw its forces from southern French Indo-China, to limit those in northern Indo-China to the number there on July 26, 1941, which number should not be subject to replacement and Japan should not in any case send additional naval, military or air forces to Indo-China. This Government would undertake to modify its freezing orders to the extent to permit exports from the United States to Japan of bunkers and ship supplies, food products and pharmaceuticals with certain qualifi- [1964] cations, raw cotton up to $600,000 monthly, a small amount of petroleum within categories now permitted general export on a monthly basis for civilian needs, the proportionate amount to be exported from this country to be determined after consultation with the British and Dutch Governments. The United States would permit imports in general provided that raw silk constitutes at least two thirds in value of such imports. The proceeds of such imports would be available for the purchase of the designated exports from the United States and for the payment of interest and principle of Japanese obligations within the United States. This Government would undertake to approach the British, Dutch and Australian Governments on the question of their taking similar economic measures. At a certain point in our consideration of the draft modus vivendi the representatives in Washington of the British, Dutch, Australian and Chinese Governments were consulted. After careful consideration of all factors in the situation within the United States and in the general world situation, including the reaction and replies of the Governments mentioned above, it was decided that we should drop the draft modus vivendi which we had had [1965] under consideration. That draft modus vivendi was not handed to the Japanese, and the fact that this Government had considered a modus vivendi was not mentioned to them. "The Department has informed you in separate telegrams Mr. KEEFE. Pardon me just one minute. Will you read that last sentence again? Mr. GREW (reading): That draft modus vivendi was not handed to the Japanese, and the fact that this Government had considered a modus vivendi was not mentioned to them. The Department has informed you in separate telegrams of the documents handed the Japanese Ambassador on November 26 and of the conversation which took place on that date. Signed "Hull." Mr. KEEFE. What is the date of that telegram? Mr. GREW. That telegram is dated November 28, 1941, 7 p. m., Washington. I will turn that over to the committee. The CHAIRMAN. Does that conclude your statement? Mr. GREW. I have one more point, sir. The CHAIRMAN. Proceed. [1966] Mr. GREW. I was also asked whether I had been instructed to burn our codes prior to the outbreak of war. I have been given a telegram which was sent to me in Tokyo on December 5, 1941 but which appears to have gone via Peiping via naval radio. I do not think I ever received this telegram in Tokyo before the break. I do not think I received it at all. It is a fairly long message, of many pages. Do you wish me to read it or shall I merely turn it over to general counsel? The CHAIRMAN. Well, the Chair suggests that it be submitted to counsel and that it be put in the record, too. Senator FERGUSON. Mr. Chairman, that was my question that I had asked. I wonder whether he could read the part relating to the destruction of codes. Mr. GREW. I think there are two paragraphs which are very pertinent, which I could read. The VICE CHAIRMAN. Put the whole telegram in the record. The CHAIRMAN. We will have the whole telegram inserted but you may read the paragraphs in question. Mr. GREW. All right, sir. Senator FERGUSON. Just read the two paragraphs which relate to 1. The following instructions are applicable to all offices in Japan, Japanese occupied areas in China, Hong Kong, Indo-China, and Thailand, and are intended to enable officers, in the event of sudden emergency and in case communications with the Department are delayed or severed, to take appropriate action concerning Government property, alien employees, archives, leases, the evacuation of the American members of the staff, et cetera. Now, the paragraph which applies to our codes would appear to be as follows [reading]: 7. It is of the utmost importance that all confidential files, seals, codes, ciphers, true readings, protectograph dies, et cetera, should be destroyed. Fee stamps should be destroyed by burning in the presence of at least two competent witnesses whose affidavits should be obtained. I think that is all in this telegram, so far as I know, that applies to codes but, as I say, I do not think that I ever received this message. The CHAIRMAN. Well, it will be made part of the record. (The telegram referred to follows:) [1967-A] Not for distribution. [Telegram sent] DEPARTMENT OF STATE, Washington, December 5, 1441. 10pm American Embassy, Tokyo (Japan) via Peiping by naval radio. American Consul Hongkong Strictly confidential. 1. The following instructions are applicable to all offices in Japan, Japanese occupied areas in China, Hong Kong, Indo China, and Thailand, and are intended to enable officers, in the event of sudden emergency and in case communications with the Department are delayed or severed, to take appropriate action concerning Government property, alien employees, archives, leases, and the evacuation of the American members of the staff, et cetera. 2. The Department will endeavor to telegraph travel orders covering the transportation of all officers and American employees. of the Legation. In the event of a sudden emergency, and if regular travel orders have not been received, travel expenses (including expenses for travel by air) and per diem and shipment of effects, if possible, all in accordance with [1967-B] the Travel Regulations, are hereby authorized in the discretion of the Chief of Mission or principal consular officer for all officers and American employees of the Department of State and for their wives and minor children. In the absence of regular travel orders (involving charges against the appropriation for "Transportation, Foreign Service") expenses incurred under the authority of this paragraph should be charged to Authorization No. 11-1942; while separate drafts should be drawn and separate accounts rendered. 3. The services of all alien personnel (except as noted in paragraph 4 below) should be terminated effective at the expiration of thirty days' leave less any leave previously taken in the calendar year, leave to commence on the day after the effective date of the closing of the Legation. The office, or, if their services are needed thereafter to commence within two weeks after closing. The effective dates of leave and termination of services of each alien employee should be reported. Officers are reminded that no salary payments may be made in advance. Department will endeavor to arrange for payment after officers' departure. 4. At those posts where the office and/or residence are owned by this Government, it is suggested that officers endeavor to arrange for the retention of one or more trustworthy alien employees as custodians of the premises. Their salaries as custodians would be at the same rate they were receiving in [1867-C] other capacities at the time the office was closed. The Department will try to arrange to pay their salaries and to provide funds for the maintenance of the buildings by such means as may become possible. If custodians are retained they should be instructed to confine their activities strictly to guardianship of the property of this Government and they should refrain |