793.94/5467: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received August 3—9:13 a.m.]
894. 1. With my French and British colleagues, a representative of the Italian Legation being present in the absence of the Minister, we have discussed problem presented by possibility of Sino-Japanese military action in this area, involving status of Japanese Legation guard. We are agreed that situation presents difficulties since guard is treated as part of Japanese Army subject to military direction rather than to Japanese chief of mission.
2. We are agreed that diplomatic immunity of Legation quarter must be preserved. We are agreed that Legation quarter and Japanese guards should not become involved in military activities here between Chinese and Japanese.
[Page 562]3. We believe that it will be difficult for various reasons to accomplish anything here and therefore recommend to your respective Governments that if and when military activities extend south of the Wall, joint representations be made at Tokyo and at Nanking for the purpose of obtaining undertaking from Chinese and Japanese Governments to respect neutrality and immunity of diplomatic quarter. Of course, the most safe solution of the question would be to obtain the Japanese Government’s consent to the withdrawal of their guard from Peiping and the handing over of the protection of their Legation to the guards of the other countries present.