393.1163P92/149: Telegram

The Second Secretary of Embassy in China (Smyth) to the Secretary of State

171. My 170, October 18, 6 p.m. Consul General Hanawa called this morning and said that upon the receipt of my note of October 18 he had taken up the matter at once with the Japanese military headquarters here which promptly undertook an investigation with the following findings:

A party composed of Special Service Section soldiers and regular soldiers was making a bandit inspection tour of the area in which Tungtzing is located; on inspecting the premises of the mission they did not see the Japanese proclamation and they concluded, inasmuch as there were no Americans around, that the flag was being falsely used by Chinese and they therefore took it down; it was not until after the flag had been burned that the Japanese proclamation was shown to them by the Chinese on the premises; they then realized that a serious mistake had been made and planned to report the matter to headquarters here but upon their return to Nanking on October 19 they found the matter was already being taken up by the Japanese authorities here; the actual tearing down and burning of the flag had been the act of Special Service Section men, one man in particular, who were very “repentant”.

Consul General Hanawa expressed his sincere regrets over the desecration of the American flag. He stated that Major Onishi, head of the Special Service Section in Nanking, was prepared to call and express his regrets, and that Major Onishi had informed him that the guilty persons would be punished. Mr. Hanawa added that a formal reply to my note would be delivered tomorrow.

There is no question but that the American flag has been and is still often flown by Chinese over premises in which there is no American interest; furthermore, it is possible that the Japanese proclamation was not seen by the Japanese until after the flag had been torn down and burned. Although there can be no excuse for the desecration of the American flag at any time, I considered that in view of the above circumstances and the fact that the only testimony on the incident was Chinese (the acceptance of which by the Japanese military is most unusual), I should accept the offer of Major Onishi to call and express his regrets.

Major Onishi called this afternoon in full uniform, accompanied by Consul General Hanawa. He expressed his deep regrets over the desecration of the American flag and said that the guilty soldier had [Page 508] been punished; he stated that this man had attempted to commit suicide last night. He added that special measures would be taken to prevent any such incident or any molestation of American property in the future. His remarks in Japanese were verified by Mr. Cooper, a Japanese speaking officer who was present.

I informed Major Onishi and Consul General Hanawa that I appreciated very much their expressions of regret as well as the spirit in which they were made. I added that I accepted them in settlement of the incident, subject to the approval of my superiors. I requested that a further proclamation be posted over the American premises at Tungtzing; this, it appears, has already been done, according to the American mission.

I respectfully recommend that the expressions of regret offered by these Japanese officials be accepted and that I be authorized to inform the Japanese Consul General that the matter is considered closed.

In view of the attitude shown by the Japanese authorities, and in view of the fact that the only supporting testimony is Chinese, I do not believe that any further action is necessary or advisable.

Instructions by radio will be appreciated.

Sent to Shanghai, repeated to Peiping. Shanghai please repeat to Tokyo.

Smyth