393.115/424
The American Ambassador in Japan (Grew) to the Japanese Minister for Foreign Affairs (Ugaki)
Excellency: I have the honor to acknowledge the receipt of Your Excellency’s note No. 18 Go, Asia I, dated June 20, 1938, relating to the measures recommended for the protection of American nationals and property in the area of active military operations in China and to inform Your Excellency that this note has been referred to my Government. This note has also been brought to the attention of the American Ambassador to China.
In this connection it appears desirable to recall to Your Excellency the position taken by my Government that, although American nationals have been and are being advised voluntarily to withdraw to places of safety, to place distinguishing marks on their property, and to take other precautionary measures, and that in so far as practicable and reasonable such nationals are voluntarily doing so, obligation to avoid injuring American lives and property rests upon the Japanese military authorities irrespective of whether American nationals do or do not take such precautionary measures. My Government holds, furthermore, that the presence of American nationals and property within the areas of military conflict and possible proximity to such American nationals and property of Chinese military personnel or equipment—clearly a circumstance over which American officials or other American nationals cannot exercise control—in no [Page 604] way lessens the aforementioned obligation of the Japanese armed forces.
I avail myself [etc.]