5 November 1941
Re my #725*
If and when an agreement is reached on the basis of our latest proposal we would prefer that it not be written up in the form of a treaty. Ratification of the Senate is required for a treaty, and we fear that too much time would be consumed obtaining this. From the viewpoint of speed and certainty, we would like to avoid having to follow this course. From the gist of the U. S. proposals, we feel that the U. S. Government is also desirous of not having to await Senate ratification.
We have been lead to believe that it is the U. S. Government's intention to use this instrument as a basis for some future treaty, and that it would be classified as one type of an "Executive Agreement" as the President is authorized to do. We have been proceeding in the past on this assumption. (Please refer to page (3?) 1, Volume 2, of Hyde's International Law Chiefly as Interpreted and Applied by the United States). Will you please ascertain the U. S. attitude on this point.
In any event, it is of utmost importance that an agreement be entered into along the lines given in the message referred to in the heading at the earliest possible moment. Under present conditions, speed is an absolutely essential factor.
JD-1: 6253(D) Navy Trans. 11-5-41 (S-TT)
*JD-1: 6248. S.I.S. #34330.
(EXHIBITS OF JOINT COMMITTEE , EXHIBIT NO. 1 INTERCEPTED DIPLOMATIC MESSAGES SENT BY THE JAPANESE GOVERNMENT BETWEEN JULY l AND DECEMBER 8, 1941)