393.115 Carolina Leaf Tobacco Company/9: Telegram
The Consul General at Shanghai (Lockhart) to the Secretary of State
[Received September 14—7:30 a.m.]
1219. My 1149, August 22, 3 p.m.,86 and 272 [872], June 20, 6 p.m., and Department’s 475, August 6, 4 p.m.,87 in regard to Carolina Leaf Tobacco Company. I have just received a letter from the Acting Japanese Consul General stating that the Japanese authorities are firmly convinced, after careful consideration, that the decision to seize the tobacco is “right and therefore final”.
[Page 472]The letter continues, after reference to previous correspondence,
“All the hogsheads of tobacco scrutinized in the godown of the Joint Savings Society were used by the Chinese troops in place of sand bags to cover themselves from attack. In view of this and of the fact that the godown in question had been occupied by the Chinese troops since August, 1937, it is established that the said hogsheads of tobacco had been appropriated by the Chinese troops before they were put to military use. Upon appropriation by the enemy the goods ceased to be neutral private property and became public property of the enemy, and consequently subject to confiscation under the rules of war.
In these circumstances I regret that the Japanese authorities are not in a position either to return the goods or accept any claim for damages.”
This seems to be significant as voicing a specific claim to the operation of the rules of war without a declaration of war.
The Department’s instructions are requested.
Repeated to Chungking, Peiping and Tokyo.