394.115 Panay/196: Telegram

The Ambassador in Japan (Grew) to the Secretary of State

679. My 677, December 24, 4 [6?] p.m.26 Following is unofficial translation of Panay note handed to me by the Foreign Minister at 7 p.m. The Minister said that only resume will be published in Japan but that the Japanese Government has no objection to the immediate publication of the full text in the United States. Comment follows in section 2.

“December 24, 1937.

Monsieur l’Ambassadeur: Regarding the unfortunate incident occurring on the Yangtze River about twenty-six miles above Nanking on the 12th instant, in which Japanese naval aircraft attacked by mistake the U. S. S. Panay and three merchant ships belonging to the Standard Oil Company of America, causing them to sink or burn with the result that there were caused casualties among those on board, I had the honor previously to send to Your Excellency my note dated the 14th of December. Almost simultaneously, however, I received Your Excellency’s note No. 838, which was sent by the direction of the Government of the United States, and which, after describing the circumstances prior to the occurrence of the incident, concludes that the acts of the Japanese forces in the attack were carried out in complete disregard of the rights of the United States, taking American life and destroying American property, both public and private; and which states that, ‘in these circumstances, the Government of the United States requests and expects of the Japanese Government a formally recorded expression of regret, and an undertaking to make complete and comprehensive indemnifications, and an assurance that definite and specific steps have been taken which will ensure that hereafter American nationals, interests, and property in China will not be subjected to attack by Japanese armed forces or unlawful interference by any Japanese authorities or forces whatsoever.’

As regards the circumstances surrounding the present unfortunate incident, I desire to state that while it is concluded in Your Excellency’s note that the incident resulted from disregard of American rights by Japanese armed forces, it was entirely due to a mistake, as has been described in my note above mentioned. As a result of the thorough investigations which have been continued since then in all possible ways to find out the real causes, it has now been fully established that the attack was entirely unintentional. I trust that this has been made quite clear to Your Excellency through the detailed explanations made to Your Excellency on the 23rd instant by our naval and military authorities.

With reference to the first two items of the requests mentioned in Your Excellency’s note, namely, a recorded expression of regret, and indemnifications, no word needs to be added to what I have said in my afore-mentioned note. As regards the guarantee for the future. [Page 550] I wish to inform Your Excellency that the Japanese Navy issued without delay strict orders to ‘exercise the greatest caution in every area where warships and other vessels of America or any other third power are present, in order to avoid a recurrence of a similar mistake, even at the sacrifice of a strategic advantage in attacking the Chinese troops.’ Furthermore, rigid orders have been issued to the military, naval, and Foreign Office authorities to pay, in the light of the present untoward incident, greater attention than hitherto to observance of the instructions that have been repeatedly given against infringement of, or unwarranted interference with, the rights and interests of the United States and other third powers. And the Japanese Government are studying carefully every possible means of achieving more effectively the above-stated aims, while they have already taken steps to ascertain, in still closer contact with American authorities in China, the whereabouts of American interests and nationals, and to improve the means of communicating intelligence thereof speedily and effectively to the authorities on the spot.

Although the attack on the man-of-war and other vessels of the United States was due to a mistake as has been stated above, the commander of the flying force concerned was immediately removed from his post, and recalled, on the grounds of a failure to take the fullest measures of precaution. Moreover, the staff members of the fleet and the commander of the flying squadron and all others responsible have been duly dealt with according to law. The Japanese Government are thus endeavoring to preclude absolutely all possibility of the recurrence of incidents of a similar character. It needs hardly be emphasized that, of all the above-mentioned measures taken by the Japanese Government, the recall of the commander of the flying force has a significance of special importance. It is my fervent hope that the fact will be fully appreciated by the Government of the United States that this drastic step has been taken solely because of the sincere desire of the Japanese Government to safeguard the rights and interests of the United States and other third powers.

I avail, et cetera, signed Koki Hirota.”

In handing me the note the Minister said that the Government is taking every step to meet the desires of the American Government and that the strictest orders in this connection have been issued to the military and naval forces. He said that the recall of Admiral Mitsunami as the officer responsible for the incident was extremely severe punishment because it implies disgrace and the fact that he is no longer competent to command “on the field of battle.” The Minister furthermore gave me in strict confidence a list of eleven naval officers against whom measures have been taken in accordance with law.

I said to the Minister that I would send him the findings and report of the American Naval Court of Inquiry as soon as received. I expressed appreciation of the direct reports made to me by naval and military officers last night and repeated part of the remarks made to them in my final statement, especially with regard to the dangers of another incident analogous to that of the Panay. Hirota said rather sadly: “I am having a very difficult time. Things happen unexpectedly.” [Page 551] He did not elaborate this remark. I gathered that it was his earnest hope that his present note would serve toward settling the incident. I said that I would cable the note immediately to my Government.

A responsible officer in the Foreign Office explained to us that the reference in the Japanese note to the punishment of high naval officers and to the precaution now being incorporated in military orders made it inexpedient to publish the note textually in Japan.

Grew
  1. Telegram in two sections.
  2. Not printed.