893.7961/36: Telegram
The Secretary of State to the Ambassador in Japan (Grew)
317. Your 575, September 3, 3 p.m., and Department’s 308, September 7, 6 p.m.90
1. Please inform the Japanese Government that the contents of the memorandum from the Japanese Navy Department have been communicated to the Pan American Airways System; and that the company states that, animated by a desire to avoid any unfortunate incident which might imperil its airplane passengers and crew, it will make every effort to conform to the suggestions contained in the Japanese Navy Department’s memorandum with regard to the route to be flown between Macao and Hong Kong but has indicated that weather conditions at times may make it doubtful whether its planes could be sure of following the suggested route in and out of Macao. Please add that this Government does not recognize any right of the Japanese Government, or of any agency thereof, to interfere with, much less attack, American aircraft operating in or over non-Japanese territory. You should also state that, irrespective of whether airplanes of American nationality comply with any request or suggestion of the Japanese Government in reference to flights over any particular area of Chinese territory or Chinese waters, the Government of the United States definitely expects the Japanese Government to take all necessary measures to prevent any action by Japanese armed forces which might endanger American plans or their occupants.
2. The Department desires that when you present to the Japanese Foreign Office a reply in the sense outlined in the preceding paragraph you at the same time present the reply to the Foreign Office’s note of August 31 in regard to the attack upon the China National Aviation Corporation’s commercial plane (see Department’s telegram No. 316, Sept. 14, 2 p.m.). The Department suggests that in presenting these replies you make oral comment, either as on your own initiative or as under instruction, along lines as follows:
We cannot but regard the attack on the plane of the China National Aviation Corporation as constituting one more of a mounting total of instances of the failure of Japanese military forces either to exercise ordinary care to identify the objects of their attacks or to manifest [Page 475] ordinary restraint and consideration with respect to human lives and suffering. The failure of the Japanese Government and agents to exercise reasonable care to identify the object of attack and to show in practice respect for the rights and interests of civilian non-combatants in connection with the hostilities in China is, especially in view of the situation of the Pan American Airways, a matter which calls for prompt and effective remedial action on the part of the Japanese Government.
- Latter not printed.↩