394.115 Panay/196: Telegram

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

376. Your 679, December 24, 8 p.m. Please communicate immediately to the Minister for Foreign Affairs as under instruction from your Government a note as follows:

“The Government of the United States refers to its note of December 14, the Japanese Government’s note of December 14 and the Japanese Government’s note of December 24 in regard to the attack by Japanese armed forces upon the U. S. S. Panay and three American merchant ships.

In this Government’s note of December 14 it was stated that ‘the Government of the United States requests and expects of the Japanese Government a formally recorded expression of regret, 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.’

In regard to the first two items of the request made by the Government of the United States, the Japanese Government’s note of December 24 reaffirms statements made in the Japanese Government’s note of December 14 which read ‘the Japanese Government regret most profoundly that it (the present incident) has caused damages to the United States’ man-of-war and ships and casualties among those on board, and desire to present hereby sincere apologies. The Japanese Government will make indemnifications for all the losses and will deal appropriately with those responsible for the incident.’ In regard to the third item of the request made by the Government of the United States, the Japanese Government’s note of December 24 recites certain definite and specific steps which the Japanese Government has taken to ensure, in words of that note, ‘against infringement of, or unwarranted interference with, the rights and interests of the United States and other third powers’ and states that ‘The Japanese Government are thus endeavoring to preclude absolutely all possibility of the recurrence of incidents of a similar character’.

The Government of the United States observed with satisfaction the promptness with which the Japanese Government in its note of [Page 552] December 14 admitted responsibility, expressed regret, and offered amends.

The Government of the United States regards the Japanese Government’s account, as set forth in the Japanese Government’s note of December 24, of action taken by it as responsive to the request made by the Government of the United States in this Government’s note of December 14.

With regard to the facts of the origins, causes and circumstances of the incident, the Japanese Government indicates in its note of December 24 the conclusion at which the Japanese Government, as a result of its investigation, has arrived. With regard to these same matters, the Government of the United States relies on the report of findings of the Court of Inquiry of the United States Navy, a copy of which has been communicated officially to the Japanese Government.

It is the earnest hope of the Government of the United States that the steps which the Japanese Government has taken will prove effective toward preventing any further attacks upon or unlawful interference by Japanese authorities or forces with American nationals, interests or property in China.”

Department is releasing text for publication in Sunday morning27 papers which do not appear on the street before 9:30 p.m. tonight.

Hull
  1. December 26, 1937.