393.115 St 2/157
The Chargé in China (Mayer) to the Secretary of State
[Received March 3.]
Sir: I have the honor to refer to despatch No. 583, of December 10th, to the Legation from the American Consul General at Canton, five copies of which are stated to have been sent to the Department,60 and to enclose a copy of despatch No. 586, of December 30th, from the aforementioned office,61 both relative to losses sustained by the Standard Oil Company as a result of piracies and to the filing of claims in connection therewith. The first despatch raises the question as to whether the Nationalist Government should be held responsible for the reimbursement of the Standard Oil Company for its losses should restitution not be possible, and adds that the question has arisen whether Article XIII of the Treaty of Tientsin62 is applicable. Mr. Jenkins63 makes the statement that the Consulate General would be glad to be relieved of the responsibility of filing claims of this nature. The second despatch encloses a copy of a letter from the Standard Oil Company of New York,61 in which the agent of the Company evidences a disposition to refrain [Page 331] from demanding reimbursement from the Nationalist Government in such cases of piracy, confining claims to losses resulting from looting by troops, or cases in which the local authorities have been in collusion with the robbers.
It will be observed from the enclosed copy of the reply which the Legation has made to Mr. Jenkins64 that I agree with him that no useful purpose would be served by continuing to present at this time claims for losses on account of piracy in cases which do not involve responsibility by the Chinese Government or its agents. I have authorized him, accordingly, to await the decision of the Department before further pressing claims for losses on account of piracies which do not involve this factor.
I have [etc.]