793.94/4123: Telegram
The Consul General at Shanghai (Cunningham) to the Secretary of State
[Received February 11—10:25 a.m.]
34. Following is translation of letter dated February 10th from Mayor [of] Shanghai Municipality to Senior Consul in reply to representations by consular body regarding military aeroplanes over Settlement. These representations were quoted in three final paragraphs of my telegram 19 of February 9, 10 p.m. [a.m.?]; introductory paragraph of Mayor’s reply is omitted:
“In reply I would observe that aerial sovereignty within the Settlement is China’s innate right which has never been abandoned. It follows, therefore, that the flight of Chinese airplanes over the Settlement cannot be subjected to interference of any nature. In view of the fact, however, that I am also deeply concerned about the safety of the lives and property of the residents of this city as a whole, I shall, out of respect for the views expressed in your letter under acknowledgment, convey the same to the Chinese military authorities for their consideration and action. Furthermore, I must emphatically state that, in the event of the Settlement authorities permitting Japanese airplanes to continue flight over the Settlement or to pass through the Settlement or in event of their failure to prevent them from doing so; my Government could not assume responsibility for anything that may [Page 278] occur as a result of the shooting aimed threat [sic] by the Chinese forces in self-defense. Wu Te Chen, Mayor.”
Repeated to the Legation and Nanking for information.