793.94/16074
The American Ambassador in Japan (Grew) to the Japanese Minister for Foreign Affairs (Arita)
Excellency: Although Your Excellency’s note of yesterday with regard to the bombardment of Chungking by Japanese forces was received and brought to my attention yesterday afternoon shortly after our meeting at five thirty o’clock, it is of course obvious that the note was prepared prior to the representations in regard to the indiscriminate bombing of that city which I made at that time. I am now directed by my Government to inform Your Excellency in effect as follows:
The attitude and position of the Government of the United States in regard to warnings such as that conveyed in Your Excellency’s note have been made clear on several occasions to the Japanese Government. The Government of the United States cannot accept the view that the city of Chungking in general is a legitimate target for air attack.
There are a considerable number of American citizens at Chungking and there is American property at Chungking. The Government of the United States maintains there an office of its Embassy to China and a gunboat, the U. S. S. Tutuila. The American citizens at Chungking are there pursuing legitimate activities. The American officials stationed at Chungking, including the American Ambassador to China, are there pursuant to their official duties in maintaining the diplomatic relations of the United States with China. Notwithstanding the fact that Your Excellency’s note indicates that the Japanese Government does not intend to attack certain areas on the south bank of the Yangtze River, in which areas the American Embassy is situated, experience of Japanese bombing operations has amply demonstrated the fact that when any extensive area is subjected to attack there results serious hazards to the lives of all persons in the vicinity, with oftentimes injury to many persons. While American officials have consistently advised, and will continue to advise, American nationals to withdraw from areas in which special danger exists, such American nationals are under no obligations to do so, and in some cases find withdrawal impossible. Accordingly, the Government of the United States looks to the Japanese Government to avoid any military operations which would imperil the safety of American nationals and property at Chungking and will expect to hold the Japanese Government responsible for any injury or loss to American nationals occasioned by acts of Japanese armed forces.
I avail myself [etc.]