Telegram Received From: Secretary of State dated October 17, 1945.


From: Secretary of State,
Code: Via Army--Secret Routine
Date: October 17, 1945.
No.: 38
Rec'd: October 18, 1945

38, October 17, 1945.
Attitude of Departmental officers who have been giving consideration to this matter (URTEL 18, October 4) may be summarized as follows:
There should be assurance that the Japanese constitution is amended to provide for government responsible to an electorate based upon wide representative suffrage. Provision should be made that executive branch of government derive its authority from and be responsible to the electorate or to a fully representative legislative body. If Emperor institution is not retained constitutional safeguards against that institution will obviously not be required but provision should be made for
(1) Complete control by an elected congress of financial and budgetary matters,
(2) Guarantee of fundamental civil rights to all persons within Japanese jurisdiction, not to Japanese only, and
(3) Action by head of state only pursuant to authority expressly delegated to him.
If Emperor is retained, following safeguards in addition to those enumerated above would be necessary:
(1) A cabinet to advise and assist the Emperor should be chosen with advice and consent of and responsible to representative legislative body,
(2) No veto over legislative measures should be exercised by other bodies such as House of Peers or Privy Council,
(3) Emperor should be required to initiate amendments to constitution recommended by cabinet and approved by legislative body,
(4) Legislative body should be permitted to meet at will, and
(5) Any ministers for armed forces which may be permitted in future should be civilians and all special privileges of direct access to throne by military should be eliminated.
We concur in general in the views summarized in your CA-53137, 0ctober 11 (Telegram No. 31, October 10, 1945), and desire that you continue your discussions and keep the Department informed. It is hoped that a full report of the Government's views can be sent to you in the near future.


801.1 Constitution, Japanese.
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