Foreign Relations of the United States, Diplomatic Papers, 1938, The Far East, Volume IV

394.1123 Thomson, J. C./35: Telegram

The Ambassador in Japan (Grew) to the Secretary of State

Tokyo, August 5, 1938—6 p.m.
[Received August 5—9:30 a.m.]

517. Department’s 267, August 3, 5 p.m., Thomson case.

1. We supplied Yoshizawa yesterday afternoon with the text of the draft statement set forth in paragraph 1 of the Department’s telegram under reference. His comment then was that his thought had been that the question could be settled on what he called a “50–50” basis, while the Department’s draft statement appeared by implication to place responsibility for the incident on the Japanese. He stated that he would consult the War Department at once and communicate again with us this morning.

2. This morning he informed us that the draft statement was “absolutely impossible”. After considerable discussion which indicated that there was no likelihood of consideration being given by the Japanese to the first draft, the second draft was presented. We made it perfectly clear that we could make no further concession in substance. Yoshizawa said that the second draft was a “great improvement”. However, he queried the word “known” qualifying the phrase “desire and intention of American nationals”. He doubted whether that formula would be an acceptable substitute for his original formula to counterbalance Japanese undertaking to caution their soldiers. There then ensued an extended discussion, in the course of which Yoshizawa reiterated that the settlement must be a “50–50” proposition and in which we emphasized that the Department could not give issuance to a statement which might be open to implications inconsistent with the repeatedly expressed position of our Government that it would not give countenance to any Japanese assertion of jurisdiction or control over American nationals.

3. When we stressed the advantages of immediate settlement, Yoshizawa said that he was also eager to see the incident closed; that he would confer with the War Department today and that he would communicate with us (he hoped tomorrow) as soon as the Japanese had decided on their reply.⁴⁷

Grew

47. In despatch No. 3194, August 18, the Ambassador reported that in his next conversation with Mr. Yoshizawa he repeated what he had stated on several previous occasions, that the Japanese Government appeared to think that its forces in China enjoyed all the rights conveyed to a belligerent under the rules of war but avoided, at the same time, all the obligations of a belligerent. Common sense and a regard for existing facts aside, the Ambassador said, no basis whatever existed for the apparent Japanese assumption that an American national in Nanking was under obligation to regulate his conduct toward a Japanese soldier with any more circumspection than he would were the Japanese soldier any other individual. (394.1123 Thomson, J. C./43.)