Papers relating to the foreign relations of the United States, Japan, 1931–1941, Volume I

394.115 Panay/184: Telegram

The Commander in Chief of the United States Asiatic Fleet ( Yarnell ) to the Secretary of the Navy ( Swanson )

December 23, 1937.
[Received 10:50 a.m.]

0023. The following is the opinion of the Court of Inquiry ordered to investigate the bombing and sinking of the U. S. S. Panay. The opinion is approved.

Opinion was that the U. S. S. Panay was engaged in carrying out the well-established policy of the United States of protecting American lives and property.

2. That the Japanese aviators should have been familiar with the characteristics and distinguishing markings of the Panay as this ship was present at Nanking during the Japanese aerial attacks on this city.

3. That, while the first bombers might not have been able on account of their altitude to identify the U. S. S. Panay, there was no excuse for attacking without properly identifying the target, especially as it was well known that neutral vessels were present in the Yangtze River.

4. That it was utterly inconceivable that the six light bombing planes coming within about six hundred feet of the ships and attacking for over a period of twenty minutes could not be aware of the identity of the ships they were attacking.

5. That the Japanese are solely and wholely responsible for all losses which have occurred as the result of this attack.

6. That the death of C. L. Ensminger, sk first and E. W. G. Hulsebus, coxswain occurred in line of duty and were not the result of their own misconduct.

7. That the injured and wounded members of the crew of the U. S. S. Panay received their wounds and injuries in the line of duty and were not the result of their own misconduct.

8. In considering the case as a whole and attending incidents that the court is of the opinion that no offenses have been committed nor blame incurred by any member of the naval service involved. 1735.