393.115/605: Telegram
The Consul General at Shanghai (Gauss) to the Secretary of State
[Received April 6—4 a.m.]
263. In a communication dated March 31 addressed to the Senior Consul, the Japanese Consul General asks that the general statement of the Japanese military authorities be communicated to his interested colleagues.
“According to the information obtained from the aerial reconnaissance, the number of properties bearing third power national flags or marks has increased remarkably of late on and along the coasts of Chekiang and Fukien Provinces. Properties belonging to third powers in these districts which have been brought to the notice of the Japanese military and naval authorities thus far through the Japanese Consulate General are as follows:
(1) British interests at Wenchow, Haimen and Ningpo (British Consul General’s letter of 1st September 1937); (2) Swiss interests at Wenchow (Swiss Consul General’s letter of 28 November 1938); (3) American interests at Foochow (American Consul General’s letters of 14 June and 15 December 1938). Thus there is much room for suspicion that third power national flags or marks are being abused to a considerable degree. It is requested therefore that properties belonging to third power nationals situated on and along the said coasts, other than the above, be notified precisely to the Japanese authorities, through the Japanese Consulate General, by Wednesday the 12th April 1939. The Japanese forces will consider any third power national flags or marks, other than those thus notified within the abovementioned period, as abuses of them on the part of the Chinese and such might be subject, when deemed necessary, to the Japanese attack, and they will not hold themselves responsible for the loss and damage which might be thus sustained.”
In my reply of April 5, sent to Japanese Consul General, I pointed out that in addition to the letters concerning American properties at Foochow mentioned by the Japanese Consul General in his communication [Page 311] of March 31, this office had written the Japanese Consulate General on August 26 and December 24, 1937, and on March 25, April 2 and April 19, 1938, listing various American properties in the Foochow area and the southern portion of Chekiang Province and in many instances had enclosed maps showing the location of these properties. I stated that in my letter of January 8, 1938, to Consul General Okamoto I pointed out that in the light of the assurances repeatedly given by the Japanese Government that the objects of Japanese military operations were limited to Chinese military agencies and establishments and that the Japanese Government had no intention of making non-military property and non-combatants the object of attack, the American Government did not perceive that there was need for the supplying of detailed lists, information and indicating the location of American property, and where such information was given it was intended for the protection of American life and property, with a full reservation of all American rights. Furthermore, attention was directed to the note from the American Ambassador at Tokyo to the Japanese Minister of Foreign Affairs dated February 21, 1938,42 in which the view was expressed that the obligation rests upon the Japanese military authorities to exert the utmost precaution to the end that American nationals and property shall not be injured by Japanese military operations and that regardless of whether information is supplied concerning the location of American property or properties and irrespective of whether American citizens take or do not take precautionary measures or whether American property is or is not marked, the American Government will hold the Japanese Government responsible for any damage done to American lives or property by the Japanese forces.
Repeated to Peiping, Chungking and Foochow; by air mail to Tokyo.