793.94/4334

Memorandum by the Secretary of State

The Japanese Ambassador came to see me at Woodley at 2:30 p.m. today. He told me he came to present his sincere regrets for the action of the Foreign Office at Tokyo in having given out to the press anything about the conversation which he, the Ambassador, had with me on Monday concerning a possible protest, which conversation he understood to be confidential. He told me that he was going to write to Yoshizawa and protest against it. I told the Ambassador he need not feel any concern personally because it had not given me any serious embarrassment. I reminded him that I had told him in that conversation that we had not made any protest but were considering it. He said he remembered that perfectly. I said we were talking over the matter and looking into the question of the responsibility of the Japanese Government for damages that might occur under those circumstances and I explained that it was my view that, under international law, the Japanese Government would be responsible. I told the Ambassador that the only effect of the leak would be to perhaps make it necessary for me to protest a little more promptly than I had expected to.

The Ambassador then said that, not under instructions but for my information, his Government had authorized the Japanese Commander at Shanghai to deliver an ultimatum to the Chinese forces to withdraw a distance of twenty kilometers from the International Settlement; that he thought this ultimatum might be delivered either today or tomorrow and that, when delivered, it would give a warning that if it was not complied with the Japanese would use force to compel compliance after twenty-four hours had expired from the delivery of the warning. The Ambassador said further that if the Chinese withdrew without fighting the Japanese officers would inspect the ground from which they withdrew in order to ascertain whether their withdrawal had been complete and for the required distance and, in that case, they were willing that neutral officers should accompany them as observers. He said that the situation had grown very acute and that he himself was very much distressed at the situation. He explained his appreciation for the efforts that had been made by us and others to obtain a cessation of hostilities. I said that we had ten days ago tendered our good offices with the suggestion as to what we thought proper but it had not been accepted and since that time [Page 197] we have been able to do nothing. The Ambassador said he understood that our local representatives and those of other Governments had been asserting themselves in the direction of peace. I said I did not know that; that we could not ask the Chinese to withdraw unless the Japanese also withdrew for we could not take sides with one against the other. I said I was very sad over the situation for I considered it very serious if they made this ultimatum and followed it out with force.

H[enry] L. S[timson]