793.94/10282: Telegram
The Ambassador in China (Johnson) to the Secretary of State
[Received 12:01 p.m.]
722. Tokyo’s 404, September 22, 7 p.m. Following is memorandum in English dated September 26 received from the Chinese Ministry of Foreign Affairs September 26:
“The Ministry of Foreign Affairs presents its compliments to the American Embassy and has the honor to inform the Embassy that on September 26th, 1937, at 10:10 o’clock a.m. two Japanese monoplanes were seen flying low over Kwangteh, Anhwei, with the Chinese national emblem distinctly painted on their wings. They dropped two bombs before they left.
In an armed conflict the use of the national insignia of the opponent is always considered a treacherous and therefore unlawful act, and it is doubly dangerous in the present case as Japan would evidently shift her responsibility to China should any action done under such a camouflage result in the loss of foreign lives or damage to foreign property. The Chinese Government desires to take this opportunity to affirm most positively that the Chinese forces have never used and have no intention of using the Japanese national flag or emblem as a ruse of war in the present hostilities. Much less will they use such an unlawful stratagem [thereby?] causing personal injury or property damage to third parties. The Chinese Government, however, feels it necessary to draw the serious attention of the American Embassy to the use of the Chinese national emblem by Japanese aircraft and requests that this be immediately made known to the American Government in the hope that, in the interest of law and justice as well as for the safety of all third parties, such unlawful action on the part of Japan might be put an end to.”
Sent to the Department, repeated to Shanghai for relay to Tokyo and Commander in Chief.