393.115/787: Telegram

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

639. Reference our 580, November 6, 5 p.m.

1.
Since November 6, 1939, we have received 59 replies to our representations to the Foreign Office made both last year and this year concerning damage to American property and interests in China. Most of these replies have arrived in the last 3 days and deal with instances of bombing of American property. In almost every case a detailed report of the weather conditions, visibility, military objectives and other pertinent information concerning the attack is given. It is usually stated that while the damage incurred is greatly regretted such damage is an unfortunate and unavoidable result of warfare. In many instances the lack of suitable markings visible from the air and the close proximity of American property to Chinese army military positions are emphasized.
2.
The following points are suggested as probable explanations of this flood of replies: (a) a desire to place upon the record the Japanese contention that the majority of these bombings were accidental and unavoidable in the prosecution of warfare and that therefore by implication the Japanese Government is not responsible. This would indicate an attempt to assume belligerent rights; (b) an effort to clear away the accumulation of pending questions and to place on the American Government the responsibility of further pursuit of these questions; (c) my recent talk with the Foreign Minister and the publicity [Page 412] in Japan concerning the large number of American representations which remained unacknowledged or unanswered have undoubtedly spurred on the Foreign Office and the Japanese Government to take this means of indicating their good intentions by clearing up pending questions; (d) having made these replies the Japanese Government may hope to be in a more favorable position for future discussions of other problems in the relations with the United States.
3.
Translations of these replies will go forward with the next pouch.

Repeated to Shanghai. Shanghai please repeat to Chungking, Peiping, Hankow, Tientsin and Canton.

Grew