493.11 Skinsnes, Casper C./3

The Acting Secretary of State to the Minister in China (Johnson)

No. 1273

Sir: Reference is made to your despatch No. 2336 dated October 20, 1933,53 in which you request the Department’s authorization to file a formal demand with the Chinese Foreign Office for the payment by the National Government of pecuniary losses sustained by Doctor Casper C. Skinsnes in connection with his efforts to procure the release of Reverend Bert Nelson, a missionary connected with the Lutheran United Mission at Sinyang, Honan, who was captured at Kwangshan, Honan, on October 5, 1930, by Chinese Communists then operating in Northern Hupeh and Southern Honan.54

According to the statements made by Doctor Skinsnes in a letter of October 5, 1933, addressed to American Consul General A. W. [W. A.] Adams, Hankow, China, Doctor Skinsnes has been indefatigable in his efforts to obtain the release of the Reverend Mr. Nelson; that, after his failure to procure direct action by the Chinese military authorities at Sinyang and upon the appeal of the captive to procure his release by the payment of a ransom, arrangements were finally made for the captive’s release upon the payment of $5,000 Shanghai currency, part of which was to be in medical supplies and part in cash. The captive, who had been beaten and threatened, feared that he would be killed. The arrangement for the release of the captive on payment of a ransom was based upon a written agreement obtained from the communist headquarters by a go-between, Wei Koan Chi. Doctor Skinsnes states that, inasmuch as the Mission could not pay [Page 465] the ransom, he borrowed the money on his own responsibility and obtained the necessary medical supplies, worth about $1,000, which were to be sent on with $2,000 in cash, the balance of $2,000 to be forwarded upon the successful termination of the first expedition. In view of the success of the go-between, Chi, in obtaining the necessary pass to enable his party to go through, he returned and obtained the other $2,000 in cash. With the money and the medical supplies and after obtaining an escort of three Chinese militiamen from the Chinese commander, Chiou Y joh, who asserted that he could not be responsible for the safety of the party unless he sent an armed escort with it, they proceeded on their way. When a considerable distance had been traversed, the escorting militiamen gave a signal, whereupon the party was surrounded by about ten or fifteen armed men of the local militia. They took the pass and tore it up, a small part of the medical supplies, and all of the money, amounting to $4,045. The militiamen insisted upon killing the ransom party, but, upon the pleading of the men, they apparently abandoned that intention and left with the stolen money. The ransom party then returned to Kwangshan and reported to the magistrate, Chen, who at once arrested the elder brother of Chiou Y joh, who was the real commander in that district. Apparently active steps were being taken by Magistrate Chen to try and punish the robbers who had been apprehended, but, before results could be obtained, he was succeeded by other magistrates who not only were dilatory in going on with the prosecution but who Doctor Skinsnes states were bribed to release the culprits. It appears from the letter of Doctor Skinsnes that the local authorities were furnished the names of the men who did the actual looting. He also states that efforts were made to have the Honan Government transfer the matter to Kaifeng in the belief that justice would be had if that was done.

The record of this case in the Department shows that every appropriate effort was made by the American consular and diplomatic officials in China to bring about the release of the Reverend Mr. Nelson, but without avail. The record discloses a consistent apathetic attitude on the part of the local Chinese authorities, with the exception of Magistrate Chen. This seems more or less to have been the attitude of the central authorities, although strong representations were made from time to time by the Legation to such authorities, who were supplied with complete information as to the course of local events in connection with the attempted payment of the ransom money. The statements of the Legation were supported by full details as supplied by the Mission party, the local inhabitants, the local gentry and the local authorities.

The Department concurs in the belief of the Legation “that the only recourse remaining is compliance with the request of Dr. Skinsnes [Page 466] that a formal demand be made upon the National Government for an indemnity in an amount equal to the amount stolen by the local militiamen against whom the Chinese authorities refused to take appropriate action when in a position to do so”, and in the soundness of the Legation’s views, “that the money would have been recovered and the culprits punished had it not been for the venality of the local authorities and the unwarranted refusal of the provincial and national authorities to take effective action”.

The Legation is, therefore, authorized to bring this claim to the attention of the National Government in the sense of the foregoing and make a formal demand for an indemnity in the amount of $4,045.00 Chinese currency. It may be that an informal discussion of the matter with the Chinese Foreign Office would possibly result in an amicable adjustment of the claim and thus obviate the necessity of presenting a formal demand for the payment of the money. However, the Legation may use its own judgment regarding the appropriate course to pursue.

Very truly yours,

William Phillips