793.94112/77
The Department of State to the British Embassy
Aide-Mémoire
The American Government has given careful consideration to the British Embassy’s aide-mémoire of September 11, 1937, containing the substance of instructions communicated by the British Government to its representative at Tokyo directing him to address a note to the [Page 463] Japanese Government with a view to inquiring as to the reasons for the Japanese Government’s request on August 23 that merchant vessels of friendly powers be plainly marked. In the aide-mémoire inquiry was made whether the American Government would be prepared to instruct its Ambassador at Tokyo to take parallel action in the matter.
While this Government is in hearty accord with the desire of the British Government, as indicated by its instructions to the British Ambassador at Tokyo, to keep alive in the Far Eastern area the principles of international law with regard to maritime commerce, and while this Government desires to continue the collaboration which it has pursued with the British Government since the beginning of the Far Eastern crisis, this Government would be reluctant to take any action likely to lead to a discussion with the Japanese Government of belligerent or neutral rights, and thus possibly to afford an occasion for the Japanese Government to make a declaration of war which would clothe Japan with belligerent rights. From a conversation which the British Secretary of State for Foreign Affairs had on August 31, 1937, with the American Chargé d’Affaires at London on the subject of the Japanese blockade of Chinese shipping, it is the understanding of this Government that the British Government has had this consideration in mind.
Furthermore, in view of the time which has elapsed since the formulation on August 23 by the Japanese Government of its request for the marking of merchant vessels in the river at Nanking, and inasmuch as no merchant vessels of third states have since been attacked from the air by Japanese armed forces, this Government is inclined to doubt whether representations at this time to the Japanese Government on this subject would be opportune or would serve a useful purpose.
In this connection note has been taken of the reply made by the Japanese Vice Minister for Foreign Affairs to the approach made to him on September 13 by the British Ambassador at Tokyo that Japanese forces had no intention of attacking the merchant ships of third powers whether marked or not. This information was telegraphed to the Department of State on September 14 by the American Ambassador at Tokyo.