493.11 N 15/153: Telegram
The Minister in China (MacMurray) to the Secretary of State
[Received 9:30 p.m.]
382. My number 348, May 14, 5 p.m.
- 1.
- The following from Shanghai:
“May 21, 5 p.m. Referring to the Legation’s telegram May 15, 5 p.m.25 In accordance with paragraph 3 of the Legation’s telegram of May 11, 11 a.m.,25 Hoyt [Wood?] was duly informed by despatch on May 14th25 and expressed willingness to settle the matter by exchange of informal notes with American Minister. In accordance with such plan and at Hwang’s express request, following draft has been prepared by me and agreed to by Hwang subject to your approval:
‘My clear General Hwang: With a view to obviating mutual misunderstanding on the part of the members of the Sino-American Joint Commission which is to verify the actual injuries and damages suffered by American citizens and assess the amount of compensation due in each case, in accordance with paragraphs 5 and 6 of your note of March 30, 1928,26 I desire to bring to your attention my understanding that the Commission is to be instructed: (a) that all American Government claims including those of the consular officials and staff of the consulate should be accepted and approved as presented; (b) that the sworn statements of American citizens should be accepted as prima facie evidence of claims presented and that only upon proof of error should the same be questioned.
In reference to the first group of claims referred to, it will be remembered that Consul General Cunningham in a letter dated April 23, 1928,25 informed Dr. G. Z. Wood, your personal representative of the Minister for Foreign Affairs, that the American Government claim amounted to United States currency $55,089.84.
I should be pleased to have you confirm my understanding in reference to the two categories of claims referred to under (a) and (b) above and instruct the Chinese Commissioners in this sense in order that the claims may be expeditiously handled by the Commission. I remain, my dear General Hwang, yours very sincerely, J. V. A. MacMurray.’
- 2.
- Hwang desires your signed note, and, if above draft is acceptable to you, I shall at once so inform Hwang. With a view to expediting matters it is suggested that your note be mailed at once to be held here pending your telegraphic acceptance of a satisfactory draft reply thereto from Hwang, which it is hoped will shortly be [forwarded?]. Wood’s original draft reply was evasive and equivocal, text along lines suggested today by this office.
- 3.
- In view of Hwang’s precarious hold on office and with desire to conclude harmonious arrangements at earliest possible moment it is hoped that above draft meets with your approval and that note will be mailed at once.”
- 2.
- To this I am replying as follows:
“May 25, 5 p.m. Your May 21, 5 p.m. I am expecting to approve the suggestion offered by you. I am mailing to you immediately [Page 346] note addressed to General Hwang Fu in the terms suggested. Please telegraph as soon as possible text of his draft reply.”
- 3.
- Cunningham is being instructed by mail despatch that the informal note to Hwang Fu and a note designating the American Commissioners, and enclosing my instructions to them, are to be delivered as integral parts of the whole agreement with regard to Commission of Inquiry upon receipt of satisfactory reply from Hwang.