File No. 493.11/450.
The American Chargé
d’Affaires to the Secretary of
State.
No. 2001.]
American Legation,
Peking,
November 3, 1913.
Sir: With reference to that part of my No.
1035 of the 3d ultimo1
relative to the statement of the Chairman of the International Claims
Commission, the Vice Minister for Foreign Affairs, that after December
31, 1913, the Chinese Government would not entertain any claims for
indemnity for losses incurred during the Revolution (1911–1912) which
were not submitted before that date, I have the honor to enclose a copy
of the Legation’s note of the 29th ultimo protesting against this
proposal, together with a copy in translation of the reply of the
Ministry for Foreign Affairs, in which it is suggested that, previous to
December 30th, the Legation submit a list of the claims to be presented,
the names of the claimants, the localities where the losses occurred,
and the amount of the claims, and stated that the details of the claims,
the proofs to be submitted, and the method of investigation might be
brought up for discussion at the time of settling the claims.
I have [etc.]
[Inclosure 1.]
The American Chargé
d’Affaires to the Minister for
Foreign Affairs.
American Legation,
Peking,
October 29, 1913.
Excellency: With reference to the claims
submitted by foreigners on account of losses sustained in the
Revolution I have the honor to observe that in the minutes of the
first meeting of the International Claims Commission on September
30, 1913, it is recorded that the Chairman of the Commission, His
Excellency Ts’ao Ju-lin, Vice Minister for Foreign Affairs, stated
that all claims submitted after December 31, 1913, would fail of
consideration by the Commission, and it is further recorded that the
Acting American Claims Commissioner made the statement that the
American Legation was unable to agree to this time limitation.
In confirmation of the above statement I have the honor to inform
your excellency that owing to the very careful scrutiny to which
American claims are being submitted by the Department of State there
is a possibility that these claims may not be ready for presentation
to the Chinese Government until after December 31, 1913. At the same
time I am unable on that account to waive their consideration, and I
am compelled to insist that these claims shall receive the same
attention that they would were they presented before December 31,
1913.
I avail [etc.]
[Inclosure 2—Translation.]
The Minister for Foreign
Affaires to the American Chargé
d’Affaires.
Foreign Office,
Peking,
November 1, 1913.
Sir: I have the honor to acknowledge the
receipt of your note stating that in the matter of the claims for
losses suffered by foreigners during the Revolution, it was recorded
in the minutes of the first meeting of the International Claims
Commission that claims presented after December 31, 1913, would fail
of consideration by the Commission; but you went on to state that
owing to the very careful scrutiny to which American claims are
being submitted by
[Page 214]
the
Department of State there is a possibility that these claims may not
be ready for presentation to the Chinese Government until after
December 31, 1913; you stated, however, your inability on that
account to waive their consideration, and you requested that these
claims should receive the same attention that they would were they
received before December 31, 1913.
I have the honor to point out that if no time limit is set within
which the claims for losses as stated above must be presented, there
is danger that their consideration will be unduly protracted, thus
delaying indefinitely the indemnifying of foreign merchants and
other citizens for their losses in the Revolution. The Ministry
could not but feel great regret at such a result, and at the time of
the first meeting of the Claims Commission the various Commissioners
offered no objection to the plan; hence it seemed very feasible.
However, since you have on these several occasions consulted with
regard to a slight modification of the procedure in your case I
cannot but accede to your desires. I have the honor to suggest,
therefore, that previous to December 30, 1913, the number of the
claims to be presented, the names of the claimants, the localities
where the losses occurred, and the amount of the claims, be set
forth in writing for record. The details of the claims, the proofs
to be submitted and the method of investigation can all be brought
up for discussion at the time of settling the claims. This seems
quite practicable, although an exception made in your favor, and it
is hoped that you will realize the good faith that prompts it and do
all in your power to further the plan.
With my compliments,
