793.94/4219a: Telegram
The Secretary of State to the Ambassador in Japan (Forbes)
56. The news from Shanghai as to the imminence of major operations on the part of the Japanese with the inevitable consequent danger to the International Settlement seems to me to make it necessary more [Page 347] formally to protest as to the use of the Settlement as a base. I have taken the matter up with the British, French and Italian Governments and hope they may authorize their Ambassadors to make at the same time identical or similar protests. I do not wish to wait until all three have been authorized to protest, but please keep in touch with the British Ambassador and when he receives instructions from his Government arrange to deliver the following memorandum at about the same time that he delivers a similar memorandum. I intend to give the text of the memorandum to the press as soon as I know that you have delivered it. Please, therefore, telegraph urgently when you have done it, also whether your French and Italian colleagues are taking similar action.
“Memorandum. The American Government, since the recent outbreak of armed encounters between Chinese and Japanese military forces at Shanghai, has viewed developments in the situation with grave concern and anxiety. The American Government has been particularly disconcerted by reports and evidence that the International Settlement is being used as a base or channel in connection with military operations between Chinese and Japanese armed forces.
In the opinion of the American Government, the use by either of the disputants of any part of the Settlement, for purposes in any way related to military operations other than such as relate strictly and exclusively to the protection of the Settlement, constitutes a violation of the purpose, the rights and the obligations of the Settlement and operates to expose the Settlement as a whole to the risks and dangers necessarily incident to such military operations. The Settlement has an international character. It appears axiomatic that no one nation has the right so to use its own rights and position in and with respect to the Settlement as to jeopardize the lives and property of the inhabitants and imperil the rights and interests of the Settlement as a whole and of other nations there concerned.
The American Government is emphatic in its opinion that the International Settlement should in no way be involved in the conflict between China and Japan. The American Government protests most solemnly and earnestly against any use whatever of any part of the Settlement as a base or channel in connection with military operations. The American Government gives notice that it will hold the Japanese Government responsible for any losses or damage done by its armed forces or agencies thereof to the persons or property of nationals of the American Government.”