Foreign Relations of the United States, Diplomatic Papers, 1932, The Far East, Volume III

793.94/3505: Telegram

The Consul General at Nanking (Peck) to the Secretary of State

Nanking, January 13, 1932—7 p.m.
[Received January 13—2 p.m.]

10. Your number 2, January 7, noon.

1. Following is translation of note addressed to the American Minister, dated January 12, but handed to me January 13, 11 a.m.:²³

“Excellency: I have the honor to acknowledge the receipt of Your Excellency’s note of January 8, 1932, stating that the recent military operations about Chinchow have destroyed the last remaining administrative authority of the Republic of China in South Manchuria as it existed before September 18, 1931; that the American Government is still confident that the neutral committee of investigation recently appointed by the Council of the League of Nations will facilitate the final solution of the difficulties now existing between China and Japan; but that the American Government in view of the present situation and of its own rights and obligations deems that it is its duty to make the following notification to the Governments of China and Japan: That is, that the American Government cannot recognize as legal any situation de facto and that it does not intend to recognize any treaty or agreement concluded by the Chinese and Japanese Governments or their representatives which may impair treaty rights of the United States or its citizens in China, or which may impair the sovereignty, the independence, or the territorial and administrative integrity of China or which may violate the international policy relative to China commonly known as the open-door policy; and also that the American Government does not intend to recognize any situation, treaty or agreement which may be brought about by means violative of the pact against war signed by China, Japan and the United States at Paris on August 27, 1928.

It is amply evident that the American Government takes the most serious view of the lawless acts of the Japanese military forces in the [Three]²⁴ Eastern Provinces and that it upholds, also, the dignity of international covenants and of the pact against war. The Chinese Government from the time that the present events in the northeast began on September 18th, 1931, and up to the present day, has in every respect fulfilled its duties as prescribed in the pact against war, and the Chinese Government therefore has taken no steps of any nature whatever calculated to aggravate the situation, but has, in accordance with procedures set forth in existing international covenants, asked that the signatory powers direct their special attention to these events.

The Japanese military forces, on the contrary, following the adoption of the resolution of the League of Nations of September 30th, 1931,²⁵ and the meeting of the Council on October 24, 1931,²⁶ have still continuously extended the field of their invasions and even after the passing of the League’s resolution of December 10, 1931, have openly invaded and seized Chinchow, the seat of the Chinese local government. More recently Japan has occupied Suichung and [advanced on]²⁴ Shanhaikuan and has increased the numbers of Japanese naval vessels and troops at Chinwangtao, Tientsin, and other places. In addition to this there are indications of an intention to attack Jehol. These violations of the Covenant of the League of Nations, the Nine-Power Treaty, and the pact against war and this disregard of the repeated decisions of the League are facts which it has not been possible to conceal. The Japanese Government, therefore, must bear full responsibility for all the events involved.

With reference to the notification of Your Excellency’s Government that in this matter it does not recognize as legal any situation de facto, I have the honor to state that the Chinese Government has repeatedly lodged with the Japanese Government the gravest protests against the various invasions and lawless acts perpetuated [perpetrated] by the Japanese troops since September 18, 1931, and has made it known internationally that the Chinese Government accords them no recognition whatsoever. This is all matter of record.²⁷

With regard to the treaties or agreements referred to in the note under reply, I have the honor to state that the Chinese Government, basing its position on its sovereignty and independence and on the principle of territorial and administrative integrity, has absolutely no intention of concluding any treaties or agreements of the categories described.

It is the sincere hope of the Chinese Government that Your Excellency’s Government will continue to promote the effectiveness of [the] international covenants in order that their dignity may be conserved.

I have the honor to bring the above to the attention of Your Excellency and to express the hope that you will transmit it to Your Excellency’s Government for its information and action. Seal of the Ministry of Foreign Affairs. Signed, Chen Yu-jen (Eugene Chen).”

2. The Chinese Foreign Office states that Chinese text of this note has been telegraphed to the Chinese Legation in Washington but without instructions to deliver to the Department. I suggested that Foreign Office supply English translation as has often been done under similar circumstances but was informed that the absence of the Minister of Foreign Affairs made this impossible. It was added that possibly an English translation would be telegraphed to the Chinese Legation. I understand that the Minister of Foreign Affairs will return from Shanghai today.

3. Owing to the instruction for early transmission no Chinese translation was sent with the Department’s note to the Minister of Foreign Affairs which was contrary to the usual practice of the American Legation. I have attempted to make a literal translation of the reply and I invite attention of the Department to the slight misquotation of the Department’s note which is to be found in that portion of the translation beginning “which may impair treaty rights” and ending “or which impair the sovereignty.”

4. The Chinese Foreign Office informs me that the Chinese text of this note will be released after probable time of its receipt by the Department.

Repeated to the Legation.

Peck

23. Telegram No. 12, January 16, 9 a.m., from the Consul General at Nanking, states as follows: “The Chinese Foreign Office has unofficially approved the translation as telegraphed to the Department but wishes to add ‘three’ after ‘military forces in the’ and ‘advanced on’ after ‘Suichung and’ and to delete the words ‘this is all matter of record’.” (793.94/3531)
24. See footnote 23, p. 27.
25. Foreign Relations, Japan, 1931–1941, vol. i, p. 13.
26. For text of resolution voted upon by the Council on October 24, see ibid., p. 29.
24. See footnote 23, p. 27.
27. See footnote 23, p. 27.