393.115/485: Telegram
The Ambassador in Japan (Grew) to the Secretary of State
[Received October 14—7 a.m.]
664. Our 657, October 12, 10 a.m.,63a and 396, June 21, 6 p.m.64 Following is our translation of a note received this morning from the Foreign Minister:
“Number 37500 [37 Go], Asia I. Ministry of Foreign Affairs. October 12, 1938. Excellency:
1. The Imperial Government previously communicated, by its note dated June 20, as urgent, desires of the Imperial Government and gave the viewpoint of protecting the rights and interests of nationals of third countries that in the area south of the Yellow River and east of a line connecting Sian, Huon, Hengchow, and Pakhoi, which area it was assuming would become in the future the scene of military land operations:
- (a)
- Nationals of third countries will withdraw from military emplacements of the Chinese;
- (b)
- Property of nationals of third countries be clearly marked so as to be visible from the ground and from the air, and notification of such property to the Japanese authorities be expedited;
- (c)
- In the event of the Chinese forces exploiting property of nationals of third countries within such area, the Japanese forces will be obliged to attack such property; and in such cases the Japanese forces cannot assume responsibility for protection of such property;
- (d)
- From the point of view of preventing the occurrence of incidents of all kinds, the withdrawal so far as possible of nationals of third countries from the area of actual hostilities to safe places is greatly to be desired.
The Japanese Government now has the honor, in view of the fact that military operations are actually being undertaken in South China, again to invite Your Excellency’s attention to the communication above mentioned and at the same time urgently to request Your Excellency’s Government to take appropriate measures, especially in regard to the following points:
2. During the hostilities at Shanghai and Kiukiang, the Chinese Army deliberately constructed defensive emplacements contiguous to the property of nationals of third countries or employed property of nationals of third countries to offer resistance to the Japanese Army, which circumstances created for the Japanese Army the greatest difficulty in protecting such property. Accordingly, the Imperial Government urgently requests that Your Excellency’s Government will be disposed to take appropriate and effective measures to the end that the Chinese be prevented from resorting, in the operations in South China, to the practices above described.
[Page 624]With relation to this point the Imperial Government maintains the view that, if the Chinese Army should take positions contiguous to the property of nationals of third countries, responsibilities for any damage which might thereby arise must properly be borne by the Chinese Army.
Further, the Imperial Government ardently desires that special measures will be taken to prevent acts of any kind (even though the Imperial Government is confident that such acts will not occur) which might give rise to suspicion on the part of the Japanese Army that Your Excellency’s country is manifesting sympathy toward China.
3. The Imperial Government, being apprehensive lest movements of troops, vessels, and airplanes of third countries on Chinese territory, in Chinese waters, and in the air over Chinese territory in all that part of China extending from Swatow to Pakhoi give rise to unforeseen incidents with Japanese troops, vessels, and airplanes, urgently desires that the countries concerned will, so far as possible, avoid all such movements. If it should be absolutely necessary to move troops, vessels, or airplanes of Your Excellency’s country within the above indicated area, it is desired that the Japanese authorities be informed, so far as the communication facilities permit, at least ten days in advance.
4. In conclusion, as the possibility cannot be precluded that the Chinese may intend to utilize the territory, wireless equipment, or air over the territory of third countries, the Imperial Government confidently expects and urgently requests that any such designs on the part of the Chinese Army will not in any way be tolerated.
I avail myself, et cetera. Prince Fumimaro Konoye, Minister for Foreign Affairs. His Excellency Joseph Clark Grew, Ambassador Extraordinary and Plenipotentiary of the United States of America at Tokyo.”
The British Embassy has received a similar note.
Copy by mail to Peiping.