Foreign Relations of the United States Diplomatic Papers, 1939, The Far East; The Near East and Africa, Volume IV

893.102S/1800a: Telegram

The Secretary of State to the Consul General at Shanghai (Gauss)⁵¹

Washington, May 12, 1939—6 p.m.

161. Tokyo’s 213, May 4, 6 p.m., and Shanghai’s 345, May 4, 5 p.m., 356, May 5, 8 p.m., 360, May 6, 3 p.m., and 362, May 8, 2 p.m.,⁵² Shanghai International Settlement.

1. Unless you perceive objection and subject to any comments or suggestions which you may make in the light of your knowledge of the situation at Shanghai, the Department desires that you repeat this telegram to the Ambassador at Tokyo with the request as from the Department that he make reply to the aide-mémoire which the Japanese Foreign Office delivered to him on May 3,⁵³ as reported in Shanghai’s 356, May 5, 8 p.m., and 362, May 8, 2 p.m., along lines substantially as follows:

[For aide-mémoire dated May 17, see Foreign Relations, Japan, 1931–1941, volume I, page 842.]

2. The Department suggests that, before the reply is delivered, the Ambassador at Tokyo and the Consul General at Shanghai confer with their British colleagues with the thought that the British Government may wish to make a similar but separate reply to the Japanese Foreign Office. It is believed desirable that the American and the British replies be synchronized as nearly as practicable in point of time unless in your opinion and that of the Ambassador at Tokyo the urgency of the situation makes it inadvisable that our reply be delayed.⁵⁴

3. The Department also suggests that when making reply the Ambassador might, unless objection is perceived, point out orally to the appropriate Japanese officials that the Chinese courts in the International Settlement do not now hear cases involving anti-Japanese terrorism, that in other criminal cases where Japanese are complainants these courts have invariably rendered decisions without prejudice, and that no complaint has been heard in regard to decisions in Sino-Japanese civil cases.^54a

4. The Department contemplates releasing the text of the above reply to the press immediately after it has been delivered.

Repeated to Chungking and Peiping.

Hull

51. Approved by President Roosevelt.
52. Telegrams Nos. 356 and 362 not printed.
53. Foreign Relations, Japan, 1931–1941, vol. 1, p. 838.
54. Similar representations were made by the British and French Ambassadors in Japan.
55. See oral statement by the Counselor of Embassy in Japan, May 17, Foreign Relations, Japan, 1931–1941, vol. i, p. 844.