Papers relating to the foreign relations of the United States, Japan, 1931–1941, Volume I

494.11/97

The Japanese Ministry for Foreign Affairs to the American Embassy in Japan

[Translation]

No. 118, American I

Note Verbale

The Imperial Ministry of Foreign Affairs presents its compliments to the American Embassy in Tokyo and has the honor to acknowledge the receipt of, and to reply to, the notes, sent by the Embassy at frequent intervals, in which it was stated that the Embassy had been informed that the property of American nationals at various places in China had been damaged as a result of bombing by the Japanese forces, and in which it was requested that investigations of the circumstances of these bombings be made, and that the Embassy be informed of the results of such investigations.

The text of each note was forwarded to the authorities concerned both in Tokyo and at the front and investigations are being carefully carried out. However, it is, of course, impossible to make an investigation when the incident occurred outside of the territory occupied by the Japanese forces, and even when within occupied territory, owing to a lapse of time, indefinite dates given in the evidence, and to other factors, it is extremely difficult to make effective investigations of the conditions obtaining at the time of the incident. However, the replies which have been received thus far concerning the results of investigations of the circumstances of the bombings carried out by the Imperial forces are as set forth on a separate enclosure.

The Japanese forces, when carrying out aerial bombing operations necessary for strategic reasons, are exerting their best efforts in order to protect non-combatants, and in addition to this, as has frequently been announced, they are, in order to respect the property of the nationals of third countries, exhausting every possible precautionary and technical measure. This fact is made clear by the results of the investigations set forth on the separate enclosure. Accordingly, if, as reported by the American Embassy, damage was done to the property of American citizens in China, it must be surmised that such damage was caused by stray shells or bomb fragments from bombing operations. These operations were carried out without the least anticipation of the existence of American property rights and interests in the close proximity of Chinese military emplacements, troops, war materials, et cetera, for the reason that it was impossible to recognize the markings identifying American property rights and interests, either at the time of executing the bombing operation or in prior photographic scouting, because American property rights and interests were not effectively marked so as to be visible from the air or because the markings were inadequate.

However, in order to prevent to as great extent as possible the occurrence of such regrettable losses in the future, the authorities at the front are being instructed by the military authorities also to pay in the future even more attention to the respecting of the rights and interests of nationals of third countries. It is accordingly the earnest hope of the Imperial Government that American citizens in China will also, on their part, try to take precautions in order to avoid such unforeseen damages by putting up adequate markings visible from the air.

Further, among various incidents concerning which the American Embassy has made representations, some have already been the subject of a request for an investigation from the local American authorities to the Japanese authorities in that locality, and in a considerable number of these instances replies or explanations by the local Japanese authorities have already been made. There is no alternative but that investigations of this kind, by their very nature, be based upon reports from the locality concerned. For example, although the central authorities receive a request for an investigation, it is the practice to send all details to the authorities at the front. Accordingly, in order to decrease the difficulties of investigation which arise because of a lapse of time, et cetera, it is desired that the exchange of correspondence concerning these investigations, to as great an extent as possible, be made locally. The Imperial Government sincerely hopes that the American Government also, with the above objective, will lend its support to the procedure of seeking settlement in the area concerned.

[Toyko,] December 28, 1938.

[Enclosure]

Addendum

1. The results of an investigation show these facts with regard to the incident set forth in the note verbale, no. 925, May 16, 1938, from the American Embassy at Tokyo, in which it was said that as a result of bombing operations at Hsuchow by Japanese military planes, property belonging to the American Southern Presbyterian Mission at that place was damaged. The above bombing operations by Japanese military planes were carried out on both May 10 and May 11, 1938. The military objectives being the enemy forces between Suking and Hsuchow and the Hsuchow railway station, no American or other third country property whatsoever was a target. It was ascertained that, at the time of this bombing attack, no markings whatsoever indicating the existence of American property were perceived. Therefore, even if it be a fact that American property was damaged in this case, it is to be concluded that such damage accidentally occurred for the reason that American property was in the close proximity of military facilities of the Chinese forces.

2. The results of an investigation show these facts with regard to the incident set forth in the note verbale no. 926, May 18, 1938, from the American Embassy at Tokyo,⁷⁰ in which it was said that as a result of bombing operations at Wuchang by Japanese military planes, property belonging to the Saint Joseph hospital at that place was damaged. Since these operations were directed against the arsenal at Hanyang, it is clear that Wuchang was not an objective of the attack. Further, fearing, in view of the severe battle in the air, that some bombs might have fallen from airplanes which were partially damaged, a detailed investigation was made particularly in that connection. Evidence of such a fact, however, was not found.

3. The results of an investigation show these facts with regard to the incident set forth in the note verbale, no. 928, May 19, 1938, from the American Embassy at Tokyo,⁷⁰ in which it was said that the motor yacht Gypsy owned by Anthony Clifford Miccia was damaged by bombing by Japanese military planes at South Soukong in the vicinity of the Shanghai Yacht Club located at Ming Hong, about 18 miles south of Shanghai. The personnel in the Japanese airplanes which had set out on September 8 of last year to bomb the enemy forces in the Ming Hong area definitely observed that a large number of junks being towed by tugs and having Chinese soldiers aboard were moving in a creek at a point two kilometers from the Ming Hong ferry. Therefore, for strategical reasons, bombing operations against these forces were unavoidable. It was ascertained that, in respect of this bombing also, the maximum precautions were taken to guard the safety of property of third countries, and that damage to such property was avoided. It is, accordingly, to be concluded that, even if it be a fact that American property was damaged in this case, such damage occurred as the unavoidable result of the bombing operations against the above-mentioned Chinese military forces.

4. The results of an investigation show these facts with regard to the incidents set forth in the notes verbale, no. 944, May 31, 1938, no. 980, July 6, 1938, and no. 990, July 14, 1938, from the American Embassy at Tokyo,⁷² in which it was said that properties belonging to the Southern Presbyterian Mission at Sutsien and Hwaian, Kiangsu Province, and property belonging to the Central China Mission at Nanling, Anhwei Province, were damaged by bombing operations by Japanese military planes. In these various locations also, as is usual, Japanese military planes carried out bombing operations accurately directed against Chinese military facilities and there was not an instance of making a target of the property of the United States or other third country. It was ascertained that during these bombing operations, the Japanese military planes did not perceive any markings identifying American property. It is, accordingly, to be concluded that, even if it be a fact that American property was damaged in these cases, such damage was accidentally caused by stray shells, or bomb fragments, owing to the close proximity of American property to Chinese military facilities. Further, also in view of these several protests from the American authorities, the commanding officers at the front have been instructed by the appropriate Japanese military authorities to pay, in the future, the greatest attention to the rights and interests of third countries.

5. The results of an investigation show these facts with regard to the incident set forth in the note verbale, no. 947, May 31, 1938, from the American Embassy at Tokyo,⁷³ in which it was said that buildings and other property within the compound of the Lutheran United Mission at Chumatien, Honan Province, were damaged by bombing operations at that place by Japanese military airplanes. These operations were directed against the Chumatien railway station and Chinese military vehicles assembled near that station for the purpose of cutting the Peiping-Hankow railway line, and it was ascertained that property of the United States or other third country was not made a target. Accordingly, it is to be concluded, even if it be a fact that American property was damaged in this case, such damage occurred for the reason that American property was not marked so as to be visible from the air and that property was in the close proximity of Chinese military facilities.

6. The results of an investigation show these facts with regard to the incident set forth in note no. 975, June 28, 1938, from the American Ambassador at Tokyo, in which it was said that as a result of bombing operations at Pingtu, Shantung Province, by Japanese military planes, property belonging to the Southern Baptist Mission at that place was damaged. On June 15, a squadron of Japanese military planes while scouting for the enemy in the area which they were assigned to cover recognized, at about 8:30 a.m. a rather large body of enemy forces retreating between buildings resembling a school. After three observation flights at a height of seven hundred meters no marking of a third country was recognized, and the enemy was therefore bombed. Accordingly, even if bombs fell within the compound of the mission grade school, it was ascertained that it was entirely unavoidable in view of the circumstances at that time. Concerning this case, the American Consul at Tsingtao has already, by a note dated June 18, addressed the acting Japanese Consul General in that city,⁷⁴ and the American Consul [sic] in Peiping has, by a note dated June 21, protested to the Japanese Embassy in that city.⁷⁴ Information has been received that in reply to the above notes, the local Japanese military authorities through the acting Japanese Consul General explained the circumstances at that time, as have been set forth above, and expressed the earnest desire that reliable and effective markings which would be visible from an airplane be installed by the Americans. In addition the opinion was expressed that the most effective method of avoiding the occurrence of accidents was that nationals of third countries should temporarily withdraw from such areas as this in which bandits are gathered.

7. The results of an investigation show these facts with regard to the incident set forth in an official note, no. 976, June 29, 1938, from the American Embassy at Tokyo,⁷⁴ in which it was said that as a result of bombing operations at Tsimo, Shantung Province, by Japanese military planes, property of the American Lutheran Mission at that place was damaged. Although Japanese military planes cooperating with land forces in subduing bandits were, on June 25, engaged in bombing enemy soldiers assembled in villages south of Tsimo, it was ascertained that at the time of this bombing no markings whatsoever visible from the air, indicating property of third countries, were perceived. This case is a regrettable incident which occurred as a result of the fact that it was entirely impossible for the Japanese planes to recognize this American church, and it is absolutely impossible for an airplane flying at a rather high altitude to distinguish a national flag flying perpendicularly. The Japanese naval authorities have, in view of this incident, however, instructed the commanding officers concerned to take every measure to avoid the recurrence of such incidents.

8. The results of an investigation show these facts with regard to the incidents set forth in the notes verbale no. 978, July 5, 1938, no. 981, July 6, 1938, no. 984, July 8, 1938, from the American Embassy at Tokyo,⁷⁷ in which it was said that as a result of bombing operations of Japanese military planes, the residence of Dr. Gillette, an American citizen, at Mamoi, Fukien Province, and property belonging to the American Christian Herald Industrial Mission at Foochow were damaged and that the American Standard Vacuum Oil Company’s gasoline storage tanks at Swatow were gravely endangered. At the time of the bombing of Mamoi, Foochow, and Swatow by Japanese military planes, the appropriate Imperial military authorities carried out a prior complete investigation concerning foreign rights and interests, and further just before the bombing operations a photographic scouting expedition was made. Those who were assigned to go with the planes were particularly experienced soldiers. The bombing operations were confidently carried out with the Mamoi shipbuilding yard at Mamoi, the Foochow Tunghu barracks at Foochow and the Municipal Government and Swatow Garrison Headquarters at Swatow as the respective military objectives. It was ascertained that they were not at all indiscriminate bombing operations as was reported to the American authorities by those who suffered damage in the locality concerned, and that the actual bombing operations, as was expected, accurately struck the military objectives. Accordingly it is to be concluded that, even if it be a fact that American property was damaged as was stated in the above mentioned notes verbale from the American Embassy, such damage was an accident arising from the fact that American property was in the extremely close proximity of Chinese military facilities. Information has also been received that Japanese military planes at the time of the photographic scouting expedition, before the bombing, and also at the time of the carrying out of the bombing operations did not perceive any markings whatsoever indicating American property rights and interests.

9. The results of investigations show these facts with regard to the incidents set forth in the American Embassy’s notes verbale no. 992, July 15, 1938, no. 993, July 15, 1938, no. 1005, July 22, 1938, no. 1006, July 22, 1938, no. 1022, August 15, 1938, no. 1023, August 15, 1938, no. 1024, August 15, 1938, no. 1025, August 15, 1938,⁷⁷ and the American Ambassador’s note no. 1026, August 16, 1938,⁷⁸ in which it was stated that as a result of bombing operations at Wuchang by Japanese military airplanes, the Saint Hilda’s School for Girls, property of the American Church Mission, property of the American Christian Missionary Alliance, the buildings of the Central China College of the American Church Mission, property of the Sisters of Notre Dame, property of the Saint Anne Convent, and the clinic of the American Seventh Day Adventist Mission, all at Wuchang, were respectively damaged. Japanese military planes carried out bombing operations against military objectives as follows: on July 12 (above mentioned American Embassy’s notes verbale nos. 992 and 993) against a highangle gun emplacement at Wuchang and a group of barracks south of that place, and July 19 and August 11 (American Embassy’s notes verbale nos. 1005, 1006, 1022, and 1023) against the Shessan high-angle gun emplacement at Wuchang and a group of barracks south of that place, and on August 12 (American Embassy’s notes verbale nos. 1024 and 1025) against the Fangsha (sic) Bureau of the Commanding General’s Headquarters. Since in each instance these bombing operations were carried out against a military objective, it was ascertained that there is absolutely no instance of making a target of facilities belonging to the United States or to any other third country. Accordingly it is to be concluded that, even if it be a fact that American properties were damaged in these cases, such damage occurred accidentally from stray shells or bomb fragments for the reason that American properties were in the close proximity of Chinese military facilities.

10. The results of an investigation show these facts with regard to the incident set forth in the American Embassy’s note verbale no. 1045, September 16, 1938,⁷⁹ in which it was said that kerosene oil, belonging to an American juridical person, the Texas Oil Company, Ltd., was destroyed while in transit in the vicinity of the Behang station by bombing by Japanese military planes. Although, on May 10, Japanese military planes bombed trucks and armored cars which were fully loaded with enemy soldiers and were proceeding in the direction of Chuan Chow, it was ascertained that there was no instance of the bombing of any automobiles having markings identifying American property. Accordingly, it is to be concluded that, even if it be a fact that American property was damaged in this case, such damage arose from the fact that the American property bore no markings or was proceeding exceedingly close to the Chinese military forces.

11. The results of an investigation show these facts with regard to the incident set forth in American Embassy’s note verbale no. 1054, September 19, 1938,⁸⁰ in which it was stated that a building of the American Presbyterian Mission at Hoihow, Hainan Island, was damaged by bombing by a Japanese plane. Although Japanese military planes on September 9, 1938, bombed the promontory forts at Hainan and on September 10 bombed the military headquarters at Haichow, it was ascertained that at neither time were any markings identifying American property perceived. Accordingly, it is to be concluded that, even if it be a fact that American property was damaged in this case, such damage was an accident occurring only for the reason that the American property was unmarked.

12. The results of an investigation show these facts with regard to the incident set forth in the American Embassy’s note verbale no. 1058, September 19, 1938,⁸⁰ in which it was said that as a result of bombing by Japanese planes, property at Canton of the American Standard Vacuum Oil Company was damaged. Japanese military planes on May 28, 1938, and June 4, bombed the Wongsha station and on June 6, the military communications office. It was ascertained, however, that at that time no marks identifying American property were perceived. Even if it be a fact that American property was damaged in this case, it is accordingly to be concluded that such damage was an accident occurring for the reason that the American property was entirely unmarked.

13. The results of an investigation show these facts with regard to the incident set forth in the American Embassy’s note verbale no. 1059, September 20, 1938,⁸⁰ in which it was said that as a result of the bombing by Japanese military planes, church property of the American South China Cumberland Presbyterian Mission was damaged. While Japanese military planes on August 8 bombed the Canton military headquarters, it was ascertained that in that vicinity no markings identifying American property were perceived. Even if it be a fact that American property was damaged in this case, it is, accordingly, to be concluded that such damage was an accident occurring only for the reason that the American property was unmarked.

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