493.11N15/299½: Telegram

The Secretary of State to the Minister in China (MacMurray)

79. Your 114, February 15, 4 p.m. and your 130, February 22, 7 p.m.,61 Sino-American Commission.

Department desires that you instruct American Commissioners as follows:
To move that on account of division of Commission on question of nationality Woo claims be dismissed without prejudice to the rights of American Government or the claimants elsewhere.
To move that an order be entered recording the division of Commission on question of interest on claims and stating that such order is without prejudice to the right of the American Government to negotiate for adjustment of matter through other channels.
With regard to Bowen62 informal claim and other American claims based on lost deeds, the Department concurs in plan of adjustment outlined by American commissioners in your No. 114.63
Department authorizes you to make the statements to the Commission regarding American Government claim as outlined in paragraph 2 of your No. 130.64
If the Commission makes rulings as suggested with regard to Woo claims and question of interest and otherwise concludes its work the Department desires that before returning to Peking you take such steps as appear to you advisable to bring about agreement with National Government regarding (1) Woo claims, (2) interest on claims, (3) payment of further installments on total damages awarded.
  1. Neither printed.
  2. A. J. Bowen, president of Nanking University.
  3. The plan of adjustment provided for the replacement of lost deeds without cost to American owners.
  4. Paragraph 2 reads as follows: “2. Respecting the American Government’s claim I venture to suggest that I be authorized to meet the wishes of the Chinese Commissioners to the extent of informing the Commission that the claim consists of the following three parts and giving a separate aggregate total for each part: (a) Property losses of the Government itself; (b) property losses of the officers and employees of the Nanking Consulate; (c) property losses of United States Navy personnel. I would add that the figures are compiled from sworn affidavits covering the several items submitted to the American Government.” (493.11N15/299.)