493.11/2096: Telegram
The Secretary of State to the Ambassador in China (Johnson)
78. Your 97, February 9, 3 p.m. With the exception of certain claims arising out of the military operations at Nanking which the Japanese authorities have expressed a desire to settle locally, no general arrangement for the local or informal settlement of claims against Japan has been formulated, although local settlements were made directly with claimants by Japanese authorities in claims arising out of bombing of American Baptist Mission at Tsining on January 10 and the American Board Mission at Tungchow on July 27.
With a view to the adoption of a uniform procedure in the handling of pecuniary claims arising in the present conflict as a result of acts of armed forces, the following should be repeated to Nanking, Peiping, Hong Kong, and consular offices in China, exclusive of Manchuria.
- 1st:
- Immediately upon receipt of reasonably reliable information regarding loss, or destruction, or damage to American property, or personal injury or death of an American national, as a result of acts of Japanese forces, promptly communicate to Department and to Embassy at Tokyo, either by telegraph or by mail as circumstances warrant, brief report covering date, place, nature of act, approximate extent of loss et cetera. The nearest Japanese authorities, civil or military, should be furnished informally with a statement of the essential points in the report or informed of the known facts of the case. The reports to Department and to Tokyo should show to what Japanese authorities notification was made. Tokyo will transmit such information to the Foreign Office and request that investigation be made and that it be advised of the results thereof. If the Foreign Office admits responsibility the Embassy will so inform the Department and the office in which the report originated, which will inform the claimant accordingly. The term “American property” as used above includes property owned by American organizations or citizens and property interests owned by them in foreign organizations.
- 2d:
- Without awaiting information from Tokyo regarding Japanese attitude, claimants should promptly prepare their claims in the form of a sworn statement or petition, in quadruplicate, setting forth all pertinent facts upon which claim is predicated and supported by best obtainable evidence on all material points involved, such as [Page 275] American nationality of claimants and other points covered in Department’s 184, August 26, 7 p.m., to Nanking.65 Department does not desire that claims be prepared on printed form entitled Application for the Support of Claims Against Foreign Governments.
- 3d:
- When claim is prepared it should be filed with Embassy office or nearest American Consulate and original forwarded to Department and copy to Embassy Tokyo, which will be appropriately instructed upon examination of claim by Department.
- 4th:
- In cases in which Japanese Government admits responsibility with respect to particular incidents and manifests a desire to settle such claims locally and informally copy of claim should be furnished to local authorities authorized to effect local settlement. In such cases Department should be kept currently informed of settlement negotiations and, if possible, furnished with authenticated copy of any receipt, release, or waiver given to Japanese authorities in settlement of claim.
- 5th:
- Since sworn petitions relating to losses sustained by Americans in the present conflict, and affidavits executed in support thereof, are regarded as for the official use of this Government in determining whether a foreign government is internationally responsible with respect to such losses, notarial services should be performed by consular officers in connection with such documents without charge as provided by item 44 of the Tariff of Consular Fees.
- 6th:
- Acts of Chinese forces giving rise to claims should be reported to Department and Embassy and latter should ask Chinese Foreign Office to investigate and inform Embassy of results. In meantime claimants should promptly prepare claims in manner set out above and copy should be forwarded to Embassy and original to Department and copy retained in office of origin.
- 7th:
- If the claimant is unable to determine whether the loss or damage resulted from acts of Japanese forces or from acts of Chinese forces, he may file his claim with such evidence as it is possible for him to obtain, it being understood that his chances for obtaining indemnification will be greatly weakened, if not entirely lost, unless he can show with at least some degree of certainty which of the two forces was responsible for such loss or damage. Claims of this category should not be presented either to the Chinese or to the Japanese Government but should be transmitted directly to the Department. The last paragraph of Department’s No. 141, February 15, 7 p.m. to Shanghai is amended accordingly and you should so inform Shanghai.
Department is repeating pertinent parts of this telegram to Tokyo for guidance.