98
394.115 Panay/92
The Secretary of
State to the Ambassador in Japan (Grew)
[Telegram]
WASHINGTON, December 13, 1937—8 p. m.
342. Please communicate promptly to Hirota a
note as follows:
"The Government and people of the United
States have been deeply shocked by the facts of the bombardment and sinking of
the U. S. S. Panay and the sinking or
burning of the American steamers Meiping,
Meian and Meisian [Meihsia] by
Japanese aircraft.
The essential facts are that these American
vessels were in the Yangtze River by uncontested and incontestable right; that
they were flying the American flag; that they were engaged in their legitimate
and appropriate business; that they were at the moment conveying American
official and private personnel away from points where danger had developed;
that they had several times changed their position, moving upriver, in order to
avoid danger; and that they were attacked by Japanese bombing planes. With
regard to the attack, a responsible Japanese naval officer at Shanghai has
informed the Commander-in-Chief of the American Asiatic Fleet that the four
vessels were proceeding upriver; that a Japanese plane endeavored to ascertain
their nationality, flying at an altitude of three hundred meters, but was
unable to distinguish the flags; that three Japanese bombing planes, six
Japanese fighting planes, six Japanese bombing planes, and two Japanese bombing
planes, in sequence, made attacks which resulted in the damaging of one of the
American steamers, and the sinking of the U. S. S. Panay and the other two steamers.
Since the beginning of the present
unfortunate hostilities between Japan and China, the Japanese Government and
various Japanese authorities at various points have repeatedly assured the
Government and authorities of the United States that it is the intention and
purpose of the Japanese Government and the Japanese armed forces to respect
fully the rights and interests of other powers. On several occasions, however,
acts of Japanese armed forces have violated the rights of the United States,
have seriously endangered the lives of American nationals, and have destroyed American
property. In several instances, the Japanese Government has admitted the facts,
has expressed regrets, and has given assurances that every precaution will be
taken against recurrence of such incidents. In the
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DOCUMENTS
present case, acts of Japanese armed forces have taken place in complete
disregard of American rights, have taken American life, and have destroyed
American property both public and private.
In these circumstances, the Government of the
United States requests and expects of the Japanese Government a formally
recorded expression of regret, an undertaking to make complete and
comprehensive indemnifications, and an assurance that definite and specific
steps have been taken which will ensure that hereafter American nationals, interests
and property in China will not be subjected to attack by Japanese armed forces
or unlawful interference by any Japanese authorities or forces
whatsoever."
Before seeing Hirota inform your British
colleague of intended action and text, but do not thereafter await action by
him.
We are informing British Government of this
instruction to you.
HULL