493.11/1295
The Minister in China (MacMurray) to the Secretary of State
[Received June 13.]
Sir: I have the honor to inform you that the Legation has received a number of communications from American Consuls and business enterprises in southern and central China, relative to losses sustained as a result of looting by Nationalist troops. Claims for such losses have been taken up with the local authorities through the American Consuls and in particularly flagrant cases the Consul General at Hankow has, by direction of the Legation, made protest to the so-called Nationalist Government. In all such cases of losses through looting by Nationalist troops the Legation has requested to be supplied with full information, but has not made any representations to the Foreign Office at Peking in this relation, pending the receipt of definite instructions from the Department.
[Page 121]It will be recalled that after the first two revolutions the victors were anxious to gain the favor and support of foreign Powers and agreed to pay claims for losses caused to foreigners by the vanquished, a burden which a strict interpretation of the common practices of international law might not have compelled them to assume, thereby forming a body of precedent as regards China which has often been referred to. There is, of course, a possibility that, if the present imbroglio should resolve itself in the formation by the “Ankuochun” of a stable government and this government should desire to come to a satisfactory understanding with foreign Powers, as did its victorious predecessors, it might prove an advantage to have communications on record here concerning such claims as those mentioned above. I am inclined to believe, however, that under such circumstances the question of whether or not claims had been previously taken up would be of no importance, and that in view of recent Sino-foreign relations it is improbable that any Chinese government which may be formed in the future will be willing to assume obligations other than those clearly placed upon it by international law. Moreover, the presentation of such claims at this time would naturally be irritating to the Peking regime, which, among other reasons because of its limited jurisdiction, we refuse to recognize as the Government of China, and which we would yet be endeavoring to hold responsible for acts of a rival “government” without its jurisdiction. Should the Nationalists, on the other hand, be victorious in the present struggle and set up a government for all or most of China, either at Peking or elsewhere, the fact that claims for damages caused by nationalist troops had been presented to the present Peking regime would in no way aid in a settlement thereof. I have the honor to suggest, therefore, that these claims should not be presented to the Peking regime under present circumstances, but that, pending a solution of the political situation, action should be confined to bringing such pressure as may be possible on the local authorities concerned to come to an equitable arrangement. This would, of course, not affect the present procedure by which Consular Officers first take up such claims informally with the local authorities, and, if no satisfactory settlement can be secured, refer these cases to the Legation and the Department,—if possible, on the prescribed claims form; if not, with an affidavit regarding the attendant circumstances and such other relevant documents as may be obtainable.
There is little hope of securing payment at this time of any of the claims which have been or may be brought against the Chinese authorities, and the practical purpose of presenting claims is in order to make them a matter of record against the time when the formation of a solvent government may render a settlement possible. Presentation [Page 122] of claims to the local authorities serves the purpose of making this record and permits of investigation by the authorities with a view to verifying the facts in the premises while information about such facts is still ascertainable. No further useful purpose would appear to be served by now presenting claims to any unrecognized “government” pretending to function in China for acts committed in areas without its jurisdiction.
I have [etc.]