393.115/422
The Japanese Minister for Foreign Affairs (Ugaki) to the American Ambassador in Japan (Grew)
Excellency: I have the honor to inform Your Excellency that I have carefully perused Your Excellency’s note No. 945, dated May 31, in which reference is made to Your Excellency’s note No. 924, dated May 17, addressed to former Minister Hirota, and in which it is stated, in compliance with the instructions of Your Excellency’s Government, that the question of enabling American citizens in China to re-enter and re-occupy their respective properties from which they have been excluded by the Japanese military forces and of which the Japanese military forces formerly have been or still are in occupation is giving the American Government increasing concern.
In regard to the University of Shanghai, which is cited as an example in your note: this university was, at the outset of the hostilities in Shanghai and its environs, occupied and used as a base by the [Page 775] Chinese forces. Therefore, as a result of the operations by the Japanese forces to reduce this position, it was inevitable that damage was done to this university. That the Japanese forces have since come to occupy and use this same university is a situation caused by military necessity. However, as a result of recent consideration by the Imperial Government of all circumstances and in accordance with its basic policy of respect for the rights and interests of third countries, it has been decided that, with the stipulation that the damage incurred because of the use of the property by the Japanese forces be given future consideration along with similar damages incurred by property of nationals of third countries, the Japanese military and naval forces, giving up military utilization of this university, will withdraw therefrom by July 5th, that this school cannot be allowed to be opened until such time as there will be no hindrance to military operations, and that favorable consideration will be given, to the extent that it does not obstruct military activities, to the residence of watchmen and to the repair of school buildings which have been requested by the owners of the University. The above decision has already been reported by the local Japanese Consul General to the American Consul General.
Regarding the question of the return of nationals of Your Excellency’s country to various places in the lower Yangtze Valley: there are at present, hidden at many places, remnants of defeated soldiers who are continually appearing and disappearing, and it cannot be predicted when incidents will occur. In view of these actual conditions, the police of the Japanese Consulates alone are not sufficient for the protection of nationals of third countries, and it would become necessary to withdraw for this purpose detachments from military units assigned to participate in the military operations which would be a severe burden on the Japanese forces. While it is true that under these circumstances there are more than eight hundred Japanese living in Nanking, all of these Japanese consist only of those whose residence is considered necessary: for military purposes. However, notwithstanding strict protection and policing for these Japanese, many instances have occurred in which such Japanese have met with misfortunes of violence, robbery, et cetera, at the hands of lawless Chinese. The actual situation is that these instances of violence do not attract the attention they would were foreigners involved only because they are injuries to Japanese.
Concerning the present conditions at the places in question: the Japanese Government is, even now, still continuing military operations under the necessity of self-defense. At the present time, although Shanghai, Nanking and other places, may appear on the surface to be peaceful, actually, not only is it a situation in which, as strategic bases, special consideration must be given to the safeguarding [Page 776] of military secrets, but also there are in concealment at the present time many individuals of dangerous character plotting conspiracies. A fundamentally divergent view must be taken from that of Your Excellency’s Government, which seeing only the surface of the situation, contends that the areas under reference are not dangerous areas.
I am confident that Your Excellency will understand that, under such circumstances of public order, it is extremely difficult to allow nationals of third countries to return to the above-mentioned places. Nevertheless, in spite of this, favorable consideration is being given in so far as it is possible, to methods of fulfilling the expectations of citizens of Your Excellency’s country, and already during May and June there were many instances in which their return was allowed. It is not at all a situation in which refusal is given in every case. In the future also, depending upon the actual conditions prevailing in any given place, the policy will be gradually to permit the return of such nationals.
I avail myself [etc.]