793.94112/21: Telegram
The Secretary of State to the Consul General at Shanghai (Gauss)
325. Reference Commander-in-Chief’s telegram 0002, received September 2, time groups 1649, 1650 and 1652, and text of Japanese admiral’s communication requesting giving of notice of intended entry and exit of American commercial vessels.
It is the opinion of the Department that there need be no objection to the giving of such notifications, but that if and as notifications are given they should be given on the basis of courtesy and practical expediency rather than on the basis of a waiving of the right to immunity from interference which the giving of an express promise on our part would imply. Therefore, in replying to the Japanese admiral’s request, the Commander-in-Chief should neither refuse nor agree to comply with the request; he should merely state, in substance, that, for the safeguarding and serving of the American interests involved, it will be our procedure to give notification to both Japanese and Chinese when and so far as practicable. Navy Department concurs. Please inform Commander-in-Chief immediately.
For your and Commander-in-Chief’s additional information, in replying to representations from British and French Governments offering suggestions which in each case would in our opinion, if adopted, involve waiving of rights by giving express assent to action by Japanese inconsistent with international law, we have taken the position that we see no useful purpose to be served by giving express assent to such acts, if and when, by the Japanese.