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19
to Yap.
(1)
Had the United States successfully insisted upon Japan
living up to those treaty stipulations, the entire navel and
military structure in the key Pacific Islands erected by the
Japanese might have been made impossible. Japan, without
authority of international law and in violation of the
treaties and mandates above referred to, for nearly twenty
years successfully and completely excluded other nationals
from the mandated territories, and during this time built up
army, navy and air installations of tremendous strategical
value.
Fectnote:
(1) The Secretary of State, Mr. Hull, advised this Board:
"Japan was given under a League of Nations mandate full power
to administer the Mandated Islands as an integral part of
Japan and to apply Japanese laws in the islands. The United
States had expressly agreed in a treaty with Japan of
February 11, 1922, to administration by Japan of the islands
pursuant to the League mandate. Among the Japanese laws the
operation of which was extended to include the Mandated Islands
was that which stipulated that all ports and harbers shall be
closed to foreign vessels except those that were specifically
opened to foreign trade. The opened ports in the Mandated
Islands were Saipan, Palau, Angaur, Truk, Ponape, and Jaluit.
"Article II (3) of the Treaty with Japan of February 11,
1922, regarding the Mandated Islands provided that: Existing
treaties between the United States and Japan shall be
applicable to the mandated islands. Article IV of the Treaty
of Commerce and Navigation concluded between the United States
and Japan on February 21, 1911, contained the following
provisions: 'The citizens or subjects of each of the Contracting
Parties, equally with the citisons or subjects of the most
favored nation, shall have liberty freely to come with their
ships and cargoes to all places, ports and rivers in the
territories of the other which are or may be opened to foreign
commerce, subject always to the laws of the country to which
they thus come.
"By an exchange of notes which took place concurrently
with the signing of the treaty with Japan of February 11, 1922,
regarding the Mandated Islands, Japan assured the United States
that 'the usual cenity will be extended to nationals and
vessels of the United States in visiting the harbers and waters
of those islands): The term 'usual ocmity' in its application
to visits by the nationals and vessels of other countries means
the courtesy which is normally accorded by a country to the
nationals and vessels of other countries.
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"ocrText": "19\nto Yap.\n(1)\nHad the United States successfully insisted upon Japan\nliving up to those treaty stipulations, the entire navel and\nmilitary structure in the key Pacific Islands erected by the\nJapanese might have been made impossible. Japan, without\nauthority of international law and in violation of the\ntreaties and mandates above referred to, for nearly twenty\nyears successfully and completely excluded other nationals\nfrom the mandated territories, and during this time built up\narmy, navy and air installations of tremendous strategical\nvalue.\nFectnote:\n(1) The Secretary of State, Mr. Hull, advised this Board:\n\"Japan was given under a League of Nations mandate full power\nto administer the Mandated Islands as an integral part of\nJapan and to apply Japanese laws in the islands. The United\nStates had expressly agreed in a treaty with Japan of\nFebruary 11, 1922, to administration by Japan of the islands\npursuant to the League mandate. Among the Japanese laws the\noperation of which was extended to include the Mandated Islands\nwas that which stipulated that all ports and harbers shall be\nclosed to foreign vessels except those that were specifically\nopened to foreign trade. The opened ports in the Mandated\nIslands were Saipan, Palau, Angaur, Truk, Ponape, and Jaluit.\n\"Article II (3) of the Treaty with Japan of February 11,\n1922, regarding the Mandated Islands provided that: Existing\ntreaties between the United States and Japan shall be\napplicable to the mandated islands. Article IV of the Treaty\nof Commerce and Navigation concluded between the United States\nand Japan on February 21, 1911, contained the following\nprovisions: 'The citizens or subjects of each of the Contracting\nParties, equally with the citisons or subjects of the most\nfavored nation, shall have liberty freely to come with their\nships and cargoes to all places, ports and rivers in the\nterritories of the other which are or may be opened to foreign\ncommerce, subject always to the laws of the country to which\nthey thus come.\n\"By an exchange of notes which took place concurrently\nwith the signing of the treaty with Japan of February 11, 1922,\nregarding the Mandated Islands, Japan assured the United States\nthat 'the usual cenity will be extended to nationals and\nvessels of the United States in visiting the harbers and waters\nof those islands): The term 'usual ocmity' in its application\nto visits by the nationals and vessels of other countries means\nthe courtesy which is normally accorded by a country to the\nnationals and vessels of other countries."
}