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Pearl Harbor: The Seeds and Fruits of Infamy - Ludwig von Mises ...

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Joint Congressional Committee, <strong>Pearl</strong> <strong>Harbor</strong> Attack: Part 2 693<br />

government wanted to confi ne the war to the Atlantic; “we did<br />

not want to go into the Pacifi c.” He thought the United States<br />

was doing all it could to keep out <strong>of</strong> war in the Pacifi c. Prior to<br />

December 7 he had not believed “that war was imminent. . . . or<br />

that we were in any way forcing the war.” So he had not considered<br />

that “the Japanese would expect us to take any such action in<br />

the Pacifi c as had been taken in the Atlantic.” 58<br />

On September 23, 1941, Stark replied to Kimmel. For the<br />

present, he wrote, “the president has issued shooting orders only<br />

for the Atlantic <strong>and</strong> Southeast Pacifi c sub-area. Th e situation in<br />

the Pacifi c generally,” Stark said, “is far diff erent from what it is in<br />

the Atlantic.” Kimmel’s “existing orders to escorts are appropriate<br />

under the present situation. Th ey are also in accordance with Art.<br />

723 U.S. Navy Regulations: no orders should be given to shoot at<br />

the Present Time, other than those clearly set forth in this article.<br />

. . . Art.723, U.S.N.R. reads as follows:<br />

Th e use <strong>of</strong> force against a foreign <strong>and</strong> friendly state or against<br />

anyone within the territories there<strong>of</strong>, is illegal.<br />

Th e right <strong>of</strong> self-preservation, however, is a right which belongs<br />

to States as well as to individuals, <strong>and</strong> in the case <strong>of</strong> States it<br />

includes the protection <strong>of</strong> the State, its honor, <strong>and</strong> its possessions,<br />

<strong>and</strong> the lives <strong>and</strong> property <strong>of</strong> its citizens against arbitrary<br />

violence, actual or impending.<br />

Stark talked with Hull before sending this letter <strong>and</strong> added a<br />

postscript. Hull asked that the letter be held “very secret.” Stark<br />

summed up Hull’s comments by saying “that conversations with<br />

the Japs have practically reached an impasse,” <strong>and</strong> Stark could see<br />

no chance for a “settlement <strong>and</strong> peace in the Far East until <strong>and</strong><br />

58 Ibid., part 6, pp. 2881–82.

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