393.115/11–1749: Telegram

The Consul General at Shanghai (McConaughy) to the Secretary of State

4842. Re attack [by] Nationalist DE on American ship Flying Cloud, Consulate General regrets impossibility obtaining any first hand reports in Shanghai. Fullest possible accounts have been obtained by radio from master of Flying Cloud and relayed to Department. Suggest additional information may be obtained from Captain and passengers at Pusan tomorrow if Embassy [in] Seoul can send representative there to take statements. In addition to NYT10 correspondent Sullivan, qualified observer is Miss Esther Hoffman, responsible senior employee Military Attaché office China with long experience. Consulate General has endeavored obtain accounts by radio from masters British merchant ships anchored in vicinity and from British frigates on patrol in Yangtze estuary but latter apparently too distant for observation and former have submitted only fragmentary reports which throw no new light on incident. Suggest Consulate General Taipei may be able to get Nationalist Navy version when DE returns Taiwan from patrol duty. Consulate General Hong Kong may be able obtain some evidence from officers and passengers Wosang and Tsinan scheduled arrive November 19.

While Consulate General naturally does not condone this apparently all-out attack by heavily-armed naval vessel on defenseless American ship, it [is] believed, in interest of obtaining a fully objective view of incident from all angles, following circumstances should not be overlooked:

1.
Both vessels apparently were clearly within Chinese territorial waters throughout period of firing, based on 3–mile limit as defined by British Admiralty.
2.
Master Flying Cloud was fully warned by Chinese DE that he did not have permission to proceed. Warning effected not only by earlier shot across bow but also by personal visit to Flying Cloud two officers DE who issued oral warning to master.
3.
Master was presumably aware of probability that his rejection of orders DE would result in exposure his ship to gunfire from Chinese warship, which had previously used small arms fire against British tanker Louise Moller.

Consulate General suggests that, regardless of indefensibility action of Captain of DE in opening fire, master Flying Cloud may be open [Page 1167] to censure for unjustifiably endangering lives passengers and crew his vessel.

Sent Department, repeated Hong Kong 484, Taipei 488, and Seoul 52.

McConaughy
  1. New York Times.