793.94/2123: Telegram
The Consul General at Nanking (Peck) to the Secretary of State
[Received October 15—10 a.m.]
85. Following is Foreign Office copy of Chinese memorandum51 in reply to Japanese memorandum of October 9th.52
“With reference to the memorandum of the Japanese Government of the 9th instant, the Chinese Government has the honor to make the following observations.
In defiance of international law and in violation of the provisions of the Covenant of the League of Nations as well as the Peace Pact of Paris and the Nine-Power Treaty signed at Washington, Japan has suddenly and without provocation invaded and occupied portions of the Chinese provinces of Liaoning and Kirin, overturned the lawful provincial and district administrations and in the course of the invasion committed many acts of war and others not permitted by international law, even in war, such as the killing of innocent civilians and the bombardment of [un]fortified towns, the bombing of passenger trains, and the removal and seizure of public and private property, et cetera.
China and Japan being both bound by the above-mentioned international agreements imposing on the signatories the obligation to seek for the peaceful settlement of all disputes, China at once appealed to the Council of the League of Nations. The Council called upon the Japanese Government to give orders for immediate withdrawal of their troops from the areas occupied since September 18th and decided to accept the solemn pledge given by Japan to comply with its request fixing its further meeting for October 14th, should by that time the pledge remain un[ful]filled.
The Chinese Government refrained from the very beginning from any and every act of hostility, going to the length of strictly ordering all the military forces not to offer resistance in whatever form to the continuous advance of the Japanese troops, and in spite of provocative actions increasing every day intensely [in intensity] and embracing ever wider areas.
At the same time the strictest discipline was imposed for [on] the nation for the protection in every way of the lives and property of Japanese residents within Chinese territory under Chinese administration and the fact that no untoward incident has occurred anywhere [Page 193] in the vast area under Chinese jurisdiction proves conclusively that the undertaking given by the Chinese Government to the Council of the League of Nations is being observed most scrupulously. Repeated Government orders and proclamations have been confined [have confined] the righteous indignation of our people within lawful bounds, and the mandate of the Chinese Government issued on October 7th ordering all local authorities to give full protection to foreign nationals and to prevent undesirable elements from taking advantage of the situation by inciting any unlawful actions, further strengthened government injunctions just at the time when it became only too obvious that the Japanese Government was not fulfilling its pledge of withdrawal.
Acting upon the resolution of the Council of the League of Nations, the Chinese Government has opposed to this official [appointed two high officers] to take over the places to be evacuated and duly notified the Japanese Government and the Council to that effect but the Japanese Government has not yet carried out its declared intention to hand over the places under their occupation to the Chinese authorities. As is shown by the report of a neutral observer, such places as Shenyang, Kirin, Tunhua, Chuliuho, Sinmin, Tien-changtai are all [still] under the control of the Japanese troops. Meanwhile these troops keep on killing and wounding innocent citizens and destroying property without the slightest justification.
It must therefore be a matter of surprise to the world that popular indignation in China has limited itself to the mere refusal to purchase Japanese goods. The freedom to choose on [one’s] purchases is an individual right with which no government interferes and while it is the duty of every government to protect foreign nationals, it is bound neither by any recognized standard of government [governance] nor by any principle of international law to prohibit and [or] punish the exercise of an elementary right of citizenship. If there be responsibility at all in the matter it entirely lies with the Japanese Government which has by many acts of unfriendliness since the Wanpaoshan incident created the general prejudice against Japanese merchandise.
While the Chinese Government is observing with the greatest scrupulousness the resolution of the Council of the League of Nations by adopting special measures for the protection of Japanese lives and property and by refraining from all acts tending to aggravate the situation, with the result, as already stated, that no untoward incidents have happened to any Japanese subject, the Japanese military have continued their aggressive actions in the North Eastern Provinces which have culminated in the recent air-raid attack on Chinese [Chinchow] where the provincial civil authorities of Liaoning have established their provisional offices since the occupation of Shenyang its capture [capital]. This act of war as the Japanese Government is aware has led the Council of the League of Nations to decide to meet earlier than on the date originally fixed. The Chinese Government notes with satisfaction the reference made by the Japanese Government to the responsibility of both countries to the League of Nations but desires to point out that it is Japan that has committed during the past 10 days the various acts which have so aggravated the situation that the resolution of the Council of the League of Nations [Page 194] has failed to be carried out, for which the Chinese Government cannot be held responsible.
The Chinese Government will continue to exert its best [efforts?] to protect the lives and property of Japanese subjects although in the face of the greatest difficulty due to the unceasing aggressive acts on the part of the Japanese troops and will hold the Japanese Government responsible for any unfortunate consequences resulting from the continued employment of military force by Japan as an instrument of her national policy especially in view of the fact that both Governments have presented their cases before the Council of the League of Nations which has prescribed a course of action for the two countries to follow.
Firmly believing that the present lack of understanding and the difficulties in the commercial intercourse between the Chinese and the Japanese people are the inevitable outcome of the numerous unlawful acts of the Japanese troops, the Chinese Government is confident that, should the Japanese Government exert itself to remove the causes that have brought about the present deplorable situation, gratifying results will be secured in the improvement of the relations between the two countries and the maintenance of world peace.
Nanking, October 13th, 1931.”