493.11 N 15/160: Telegram
The Minister in China (MacMurray) to the Secretary of State
418. 1. Following from consul general at Shanghai:
“June 1, 5 p.m. Reference to the Legation’s written instructions of May 16th.31 Local missionary interests have pointed out futility [Page 347] of any consideration of Nanking claims for loss and/or damage of real property while property is still in occupation of Nationalist troops or organizations with consequent steadily increasing damage. Patton states that Presbyterian mission property alone in Nanking is suffering a weekly increase in damage estimated at 500 Mexican dollars. From this it is evident that no claim for loss or damage to real property may properly be made until property is actually restored to American owners, and it accordingly is [desirable] that American Commissioners be instructed to refrain from any consideration of any claim of this nature until all real property owned by claimant concerned is fully and permanently restored to possession of owner who shall then file revised claim to include damage suffered since filing of orginal claim.”
2. Cunningham’s suggestion appears to be well founded. It is suggested that the American Commissioners be instructed to confine their examination of claims to those for personal injuries and losses of personal property until such time as all real property is fully and permanently restored. In order to prevent this point from giving rise to discussions of a character calculated seriously to delay the work of the Commission, it is further suggested that the American Commissioners be instructed not to overemphasize it but merely to state their attitude to their Chinese colleagues and at once proceed with the examination of claims for injuries and personal property.
3. It is also suggested that claims for injuries and loss of personal property be considered as preferential as regards payment and that so soon as all such claims have been passed upon the sum already paid in by the Chinese be prorated and paid over to the claimants, also that all subsequent payments by the Chinese be so applied until such claims have been fully met.
4. This procedure would have double advantage of giving relief first where it is most needed and of temporarily avoiding what may prove a provoking question. It is barely possible that in the near future Nanking regime may be in a better position to enforce discipline upon its soldiers and effectively to restore real property to the owners.