国民政府与美国政府交涉解决十六年三月二十四日南京事件之文件 (民国17年3月30日)

中美解决宁案交涉文件
下列文件系用中英文同时发表
中华民国国民政府 外交部长陈友仁
美国驻华特命 全权公使马慕瑞
中华民国17年（1928年）3月30日
1928年3月30日于南京

中文版

国民政府致美公使照会（十七年三月三十日）

　　大中华民国国民政府外交部长为照会事：关于去年三月二十四日所发生之 南京事件，国民政府依据本部长与 美国公使自今年二月二十六日开始讨论后互相同意之大纲，准备立即解决，藉敦 中 美两国国民固有之睦谊。兹本部长以国民政府名义，对于本事件，虽经调查证实，完全为共产党于国民政府未建都 南京前所煽动而发生，但国民政府仍负其责。兹因对于 美国国旗及 美国政府代表等有不敬之处，领馆曁侨民受有生命财产上之损失，不得不以极诚恳之态度，向贵国政府深示歉意。国民政府对于在 华美人生命财产，迭经本其素持之政策，通令军民长官继续切实保护。现在共产党及其足以破坏 中 美人民友谊之恶势力，业已消灭，国民政府深信此后保护外人，自必较易为力；故特担任对于 美侨生命及其正当事业，决不致再有同样之暴行及鼓动。至当时被共产党煽动而参加不幸事件之该军队，业已解散，国民政府且已施行切实办法，以惩办肇事兵卒及其他人。此则本部长堪为贵公使附带通知者也。国民政府依照国际公法通行原则，对于 美国在 甯领馆员及 美侨所受生命财产上之损失，担任充分赔偿。为此，国民政府提议组织 中 美调查委员会，以证实 美人从有关系之 华人方面所确受之损失，并估计每案中所应赔偿之数目。相应照请查照见复为荷。须至照会者。右照会

　　大美国特命驻 华全权公使 马

　　国民政府外交部长 黄郛

美公使答复国民政府照会（十七年三月三十日）

　　为照覆事：准贵部长本日照会，内开（中略）等由，准此，本公使深知贵国人民于不为恶势力所煽动之时，素有公道及自敬之心；且深信对于去年三月二十四日 南京事件，贵国有思想人民，莫不慊憾；并信所有该事件各犯，尤以亲身负责之 林祖涵一名为最要，其惩办一层，必能依照表示，从速完全履行。故本公使代表本国政府承受贵部长来文内开各条件，认为因 南京事件而发生各问题，确切解决。 美政府深信此次解决之诚摰精神，希望所有各该条件，诚实履行，藉以表明 南京当局对于 中 美两国人民他方面之关系，亦必以诚实与善意对待可也。相应照覆。须至照覆者。

国民政府对美舰炮击之要求（十七年三月三十日）

　　大中华民国国民政府外交部长为照会事：关于去年三月二十四日 南京事件发生之问题，业经本日换文解决，惟本部长尤有为贵公使声明者：去年三月二十四日，贵国停泊 南京江面之 诺亚及 泼利司登两 美舰，向 南京城内 萨家湾开火，为此国民政府深望贵国政府对于此举，表示歉意。相应照请查照见复为荷。须至照会者。右照会

　　大美国特命驻 华全权公使 马

　　国民政府外交部长 黄郛

美政府对炮击表示抱憾（十七年三月三十日）

　　为照覆事：准贵部长本日来文，关于去年三月二十四日停泊 南京江面之 诺亚曁 泼利司登号 美兵舰对于 南京萨家湾开火一事，深望 美政府表示歉忱等由，准此，查当日所开炮火，实系保护炮，专对 美领事及其眷属馆员曁他人因无管束兵丁殴击迫而躱避之房屋邻近地点而发，当时此项人众生命危险，故开炮一层，不但藉以保护，且为一时思想得到之惟一办法，俾生命确实濒危之驻甯各 美侨，亦得离境。因此， 美国政府颇感 美国兵舰不得已而采取此种手段。盖当时情形，无法制止，藉以保护 南京美侨生命，美国政府深为抱憾也。相应照覆。须至照覆者。

国民政府要求修约之照会（十七年三月三十日）

　　大中华民国国民政府外交部长为照会事：关于去年三月二十四日 南京事件发生之问题，业经本日换文解决兹国民政府外交部长希望 中 美两国在外交上开一新纪元，本部长幷提议以平等及互相尊重领土主权为原则，修订现行条约，并解决其他悬案，为进一步之接洽。相应照请查照见复为荷。须至照会者。右照会

　　大美国特命驻 华全权公使 马

　　国民政府外交部长 黄郛

美政府对要求修约之答复（十七年三月三十日）

　　为照覆事：准本日来文，内开：‘贵部长希望 中 美两国在外交上开一新纪元，幷以平等及互相尊重领土主权为原则，修订现行条约，并解决其他悬案，为进一步之接洽’等由，准此，查修约问题，虽未能认与 南京事件向 美政府及 美籍人民赔偿一层有何关系，然本公使现时仍愿将上月与贵部长晤谈时所发表各节，再为贵部长陈之：

　　中 美邦交素称敦睦，勿庸追忆。贵国人民自谋发展，使国家生存稳固，且欲实现其愿望，以实施不为特种义务所限制之主权，此种愿望，本国政府及人民深表同情。揆诸历来 美政府行动以及去年一月二十七日国务卿宣布政策，明矣。故 美政府希望当时所以必须载在旧约各条款之情形，有以改善，俾得随时遇机，将所有不需要及不妥当之约章，得经双方同意，正式修改。为此， 美政府希冀贵国有代表贵国人民之政治施行实权，俾得诚实履行贵国一方面关于修改约章所有应尽之义务可也。相应照覆，须至照覆者。

英文版

　　The note and the reply thereto exchanged between the Minister for Foreign Aflairs，Nan-king，and the Ameriean Minister，in settlement of the Nanking incident，follow，together with two additional notes and replies.

　　All notes are dated Shangbai，March30，1928.

NOTE

　　From the Minister for Foreign Affairs，Nan king，to the American Minister.

　　"With reference to the Nanking incident which took place on the24th of March last year， the Government has the honour to infomn the American Minister that，animated by a desire to promote the most friendly feelings happily subsis ting between the American and Chinese peoples，the Nationalist Government are prepared to bring about an immediate settlement of the case，along the lines already agreed upon as a result of the diseussions between us begiuning from the 26th of February this year.

　　"In the name of the Nationalist Government，the Minister for Foreign Affairs bas the honour to convey in the sincerest manner to the Government of the United States of America their pro-found regret at the indignities to the American Flag and to the official represen tatives of that Government，the loss of property sustained by the American Consulate，and the personal injuries and material damages done to the American residents.Although it has been found，after investigation of the incident，that it was entirely instigated by the Communists prior to the establishment of the Nationalist Government at Nanking，the Nationalist Government neverthe-less accept the responsibility therefor.

　　"The Nationalist Government bave. in pur-suance of their established policy，repeatedly issued orders to the Civil and Military authorities for the continuous and effective protection of the lives and property of American residents in China.With the extermination of the Communists and their evil influences which tended to impair the friendly relations between the Chinese and Ameriean peoples，the Nationalist Government feel confident that the task of protecting foreigners will henceforth be rendered easier；and the Nationalist Government under-take specifically that there will be no sunilar violence or agitation against American lives or legitimate interests.

　　"In this connection，the Minister for Foreign Affairs has the pleasure to add that the troops of the particular division which took part in the unfortunate incident，at the instigation of the Communists，have been disbanded. The Na-tionalist Government have in addition taken effective steps for the punishment of the soldiers and other persons implicated.

　　"In accordance with the well accepted prin-ciples of International law，the Nationalist Government undertake to make compensation in full for all personal injuries and material damages done to the American Consulate and to its officials and to American residents and their property at Nanking.

　　"The Nationalist Government propose that for this purpose there be instituted a Sino-American Joint Commission to verify the actual injuries and damages suffered by the American residents at the hands of the Chinese concerned，and to assess the amount of compensation due in each case."

REPLY

　　From the American Minister to the Minister for Foreign Affairs，Nanking.

　　"The American Minister has the honor to acknowledge the receipt of the Note of this day's date from the Minister for Foreign Affairs，which reads as follows:

　　'With reference to the Nanking incident which took place on the24thof March last year，the Minister for Foreign Affairs of the Nationalist Government has the honour to inform the American Minister that，animated by a desire to promote the most friendly feelings happily subsisting between the American and the Chinese peoples，the Nationalist Govern-ment are prepared to bring about an immediate settlement of the case，along the lines already agreed upon as a sesult of the discussions be-tween us beginning from the26thFebriary this year.

　　'In the name of Nationalist Government，the Minister for Foreign Affairs has the honor to convey in the sincerest manner to the Govern ment of the Un ited States of America their profound regret at the indign ities to the American Flag and to the official representa-tives of that Government，the loss of property sustained by the American Consnlate，and the person al in juries and material damages done to the American residents.Although it has been found，after in vestigation of the in cident，that it was entirely instigated by the Com-munists prior to the establishment of the Nationalist Government at Naking，the Na-tionalist Government nevertheless accept the responsibility therefor.

　　'The Nationalist Government have，in pursuance of their established policy，repeated-ly issued orders to the Civil and Military authorities for the contin uous and effective protection of the lives and property of Ameri-can residents in China.With the extermina-tion of the Commun ists and their evil influ-ences which tended to impair the friendly relations between the Chinese and American peoples，the Nationalist Government feel con-fident that the task of protecting foreigners will henceforth be rendered easier；and the Nationalist Government undertake specifically that there will be no similar violence or agitation against A merican lives or legitimate interests.

　　'In this connection，the Minister for Foreign Affairs has the pleasure to add that the troops of the particular division which took part in the unfortunate incident，at the instigation of the Communists，have been dis-banded.The Nationalist Government bave in addition taken effective steps for the puuish-ment of the soldiers and other persons im-plicated.

　　'In accordance with the well accepted principles of International Law，the National-ist Government undertaken to make compen sation in full for all personal injuries and material damages done to the American Con-sulate and to its officials and to American residents and their property at Naking.

　　'The Nationalist Government propose that for this purpose there be instituted a SinoAmerican Joint Commission to verify the actual injuries and damages suffered by the American residents at the hands of the Chineseconcerned， and to assess the amount of com-pensstion due in each case.'

　　"In the full realization of the in herent jus-tice and honor of the Chinese people when not affected by the incitations of subversive influences， and with a deep appreciation of the sorrow and humiliation caused to all thoughtful elements of that people by the Nanking incideut，and believing that the earnest given as to the punishment of these guilty of the incident will be completely fulfilled at the earliest opportunity-particularly as regards Lin Tsu-han，who was personally responsible for the incident-the Ame-rican Minister accepts in behalf of his Government the terms set forth in the Note ftom the Minister for Foreign Affairs in definite settlement of the question arising out of that incident.

　　"Confident of the spirit of sincerity in which the present settlement has boon made，the Ame-rican Government looks to the loyal fulfillment of the said terms of settlement，as affording a measure of the good faith and good will with which it may anticipate being met，by the Nanking authorities，in other pbases of the relation-ships between the American and the Chinese peoples."

FIRST ADDITIONAL NOTE

　　From the Minister for Foreign Affairs，Nan-king，to the American Minister.

　　"Referring to the notcs oxchanged this day on the subject of the settlement of the questions arising out of the Nanking incident of March24th，1927，the Minister for Foreign Affairs of the Nationalist Government has the honor to in vite the attention of the American Minister to the fact that on that date fire was opened upon Secony Hill，at Nanking，by the American war vessels，NOA and PRESTON，then lying in port.In view of this fact the Nationalist Government earnestly bope that the American Government will express regret at this action."

REPLY TO FIRST ADDITIONAL NOTE

　　From the American Minister to the Minister for Foreign Affairs，Nanking.

　　"The American Minister has the honor to acknowledge the receipt of a note of to-day's date from the Minister for Foreign Affairs in which reference was made to the fact that on March24th，1927，the American war vessels，NOA and PRESTON，then lying in port，opened fire upon Socony Hill at Nanking，and in which the hope was expressed that the American Government would indicate their regret at this action.

　　"In reply，the American Minister has to point out that the firing referred to was in fact a protective barrage，strictly confined to the imme-diate neighborhood of the house in which the American Consul and his family and staff，toge-ther with mapy others，had been driven to seek refuge from the assaults of an unrestrained soldiery；and not only did it provide the only conceivable means by which the lives of this party were saved from the danger that imminently threatened them，but it also made possible the evacustion of the other American residents at Nanking，who were in actual peril of their lives.The American Government therefore feels that its naval vesseis had no alternative to the action taken；however deeply it deplores that circumstances beyond its control should havenecessitat-ed the adoption of such measores for the protection of the lives of its citizens at Nanking."

SECOND ADDITIONAL NOTE

　　From the Minister for Foreign Affairs，Nan-king to the American Minister.

　　"Referring to the notes exchanged this day on the subject of the settlement of the questions arising out of the Nanking incident of March24th，1927，the Minister for Foreign Affairs of the Nationalist Government has the honor to express the hope that a new epoch will begin in the diplomatic relations between China and the United States，and to suggest that further steps may be taken for the revision of the existing treaties and the readjustment of ontstanding questions on the basis of equality and mutual respect for territorial sovereignty."

REPLY TO SECOND ADDITIONAL NOTE

　　From the American Minister to the Minister for Foreign Affairs，Nanking.

　　"The American Minister has the houor to acknowledge the receipt of a note of to-day's date in which the Minister for Foreign Affairs ex-pressed the hope that a new epoch would begin in the diplomatic relations between the United States and China，and that further steps might be taken for the revision of the existing treaties and the readjustment of outstanding questions on the basis of equality and mutual respect for territorial sovereignty.

　　"Although the question of treaty revision can scarcely be considered germane to that of amends to the American Government and its nationals for the Nanking incident，the Ame-rican Minister is notaverse from setting forth at this time what he has already made known in that regard to the Minister for Foreign Affairs in coversations withhim last month.

　　"It is unnecessary to recall the traditional friendship existing between the United States and China.As is manifest alike from the course of action consistently pursued by the American Government and from the statement of policy made by the Secretary of State on January27th，1927，the Government and the people of the United States are in full spmpathy with the desire of the Chinese people to develop a sound national life of their own and to realize their aspirations for a sovereignty so far as possible unrestricted by obligations of an exceptional character.with that in view，the American Gevernment enter-tains the hope，that the remedying of the condi-tions which necessitated the incorporation of such provisions in the earlier treaties may from time to time afford opportunities for the revision，in due form and by mutnal consent，of such treaty sti-pulations as may have become unnecessary or inappropriate.

　　"To that end，the American Government looks forward to the hope that there may be developed an administration so farrepresentative of the Chinese people，and so far exercising real authority，as to be capable of assuring the actnal fulfilment in good faith of any obligations such as China would of necessity have for its part to undertake incidentally to the desired readjust-ment of treaty relations."