793.94/11286
The Secretary of State to the Chairman of the Committee on Foreign Affairs, House of Representatives (Sam D. McReynolds)
My Dear Mr. McReynolds: The receipt is acknowledged of a letter of November’25 from Mr. I. R. Barnes, Clerk of the Committee on Foreign Affairs,65a asking that the Department furnish the Committee on Foreign Affairs a report, in duplicate, on H. Res. 364, “Requesting certain information from the President of the United States.”
Information which has been and is constantly made publicly available through the press and official statements affords the answers to most of the questions listed in H. Res. 364. However, for convenience of reference, there is offered comment in regard to the questions as follows:
With regard to the first question, it is a matter of public knowledge that Japanese armed forces are in control over certain areas of Chinese territory. In connection with this question, reference is made to a [Page 424] statement issued on October 27, 1937, by the Japanese Foreign Office in which it is declared, “Japan never looks upon the Chinese people as an enemy nor does she harbor any territorial designs.” (New York Times, October 28, 1937.)
With regard to the second question, the armed forces of Japan have, as stated in reports appearing currently in the press, advanced in north China as far west as the rail head at Paotow (in Suiyuan Province) and as far south as some fifty miles beyond Taiyuanfu in Shansi Province, as the northern tip of Honan Province and as the Yellow River in Shantung Province. In the Shanghai area, Japanese forces have advanced in the direction of Nanking and now occupy a line approximately seventy-five miles distant from Nanking.
With regard to the third and fifth questions, there are enclosed (a) a statement issued by the Chinese Foreign Office on November 20, 1937, in reference to the removal of the capital of China from Nanking,65b and (b) a statement issued by the Department of State on November 22, 1937.65c
With regard to the fourth question, the Department of State and American diplomatic and consular officers in China have from the beginning of the present conflict between China and Japan urged that American citizens in China, because of the dangers incident to continued residence there, withdraw, and the American Government has facilitated in every way possible an orderly and safe removal of American citizens from areas where there is special danger. Furthermore, the Department is not for the present issuing passports valid for travel to and in China save in certain exceptional circumstances.
With regard to the sixth question, there is enclosed a copy of the statement issued by the Department covering the exportation for the month of October 1937 of arms, ammunition and implements of war from the United States to foreign countries, including China and Japan.65d These statements are issued monthly. While exporters of such arms and munitions are not required under existing law to inform the Department of State whether such sales are made on a cash or on a credit basis, it is the understanding of the Department that the transactions involving shipments to China and to Japan are on a cash basis.
With regard to the seventh question, neither the Chinese Government nor the Japanese Government has declared war on the other. The President of the United States has not found “that there exists a state of war” (see Public Resolution No. 27, 75th Congress, approved May 1, 1937).
[Page 425]With regard to the eighth question, the entering into force of the restrictive provisions of the Neutrality Act of May 1, 1937, is left to and is dependent upon decision of the President by a finding that “there exists a state of war.” The policy of the Department of State in reference to this Act is dependent upon that decision. The Department of State keeps constantly in mind the fact that the principal purpose of the Act is to keep the United States out of war.
With regard to the ninth question, the United States maintains no armed forces in the Japanese Empire. In China, there are armed forces of the United States at Peiping (527 U. S. Marines), at Tientsin (784 U. S. Army), and at Shanghai (2701 U. S. Marines). The American Government maintains small detachments at Peiping and at Tientsin, and other interested governments maintain similar detachments, pursuant to the provisions of the so-called Boxer Protocol of 1901 which was concluded between China and the representatives of the interested governments, including the American Minister to China. These troops are maintained for the general purpose of providing protection to American nationals (including the Embassy personnel) and, in case of emergency calling for evacuation, making available an armed escort. At Shanghai, the Government of the United States (as well as various other governments) has since 1927 maintained in the International Settlement at that place a small detachment of armed forces for the purpose of assisting in protecting the large number of American citizens residing in that area from the dangers incident to serious disorders beyond the control of the local authorities. Also, there are naval vessels of the United States in Chinese waters. These vessels form a part of the United States Asiatic Fleet based on Manila, and the distribution and movements of these vessels are under the control of the Commander-in-Chief of that Fleet. Normally, except in times of trouble in which American lives and property are endangered, these vessels, with the exception of a few small gunboats on the Yangtze River and in south China waters, cruise between Chinese ports and the Philippine Islands. The authority for stationing naval vessels of the United States in Chinese waters is found in the Sino-American Treaty of 185865e and in somewhat similar provisions of treaties between China and other foreign powers, which provisions inure to the benefit of the United States through most-favored-nation treatment. American armed forces in China are there for the protection of American nationals, primarily against mobs or other uncontrolled elements. They have no mission of aggression. It has been the desire and the intention of the American Government to remove these forces when performance of their function of protection is no longer called for, and such remains its desire and expectation. During the current situation of emergency in China, these forces have rendered important service in protecting [Page 426] the lives of American nationals, together with and including our diplomatic and consular establishments, and in making possible the maintenance of uninterrupted communications with our nationals and our diplomatic and consular establishments in the areas involved.
There are also enclosed for convenience of reference, various public documents, as indicated below, which contain statements in regard to the attitude and policy which the Government is following.65f
Sincerely yours,