393.115/488: Telegram
The Ambassador in Japan (Grew) to the Secretary of State
[Received October 17—8 a.m.]
671. Department’s 354, October 14, 7 p.m.65 I have today addressed the following signed note to the Minister for Foreign Affairs:
“Tokyo, October 16, 1938. Number 1085. Excellency: I have the honor to refer to the statement to me on October 12, 1938, of His [Page 626] Excellency, the Vice Minister for Foreign Affairs, relating to the question of the rights and interests of third powers in China, and to acknowledge the receipt of Your Excellency’s note number 37 Go, Asia I, dated October 12, 1938, marked confidential, relating to the measures recommended for the protection of American nationals and property in the areas of active military operations in China.
The foregoing note makes reference to the Japanese Government’s note No. 18 Go, Asia I, dated June 20, 1938, relating to the same subject. In my reply thereto, No. 972, dated June 27, 1938, I ventured to recall to Your Excellency’s predecessor the position taken by my Government that although American nationals have been and are being advised to take certain measures for their safety and for the protection of their property and that insofar as practicable and reasonable such nationals are doing so, nevertheless obligation to avoid injury to American lives and property rests upon the Japanese military authorities irrespective of whether American nationals do or do not take such precautionary measures. I also stated that 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 in no way lessens the obligation of the Japanese armed forces.
With reference to the statement to me on October 12, 1938, of His Excellency, the Vice Minister, I have the honor to inform Your Excellency that my Government takes special note of the statement that in the military operations under reference the Japanese Government intends to respect foreign interests and to make the ‘best of efforts’ to prevent any damage to them. I am instructed to add that my Government will expect scrupulous observance of this assurance. I avail myself, et cetera. Joseph C. Grew. His Excellency Prince Fumimaro Konoye, His Imperial Majesty’s Minister for Foreign Affairs.”
Repeated to Chungking and Peiping. Commander in chief informed.
- Not printed.↩