493.11 Ekvall, Henry/49: Telegram
The Minister in China (Johnson) to the Secretary of State
[Received November 5—7:54 a.m.]
1234. Department’s 361, November 4, 5 p.m. Legation proposes [Page 547] promptly upon receipt of reply to this telegram to instruct Peck to file claims as set forth by the Department. The Legation will at the same time transmit to Stanton a paraphrase of the Department’s instruction for his guidance in pressing case at Sian. However, in reference to second sentence of the Department’s telegram in regard to acceptance of payment of claim for losses suffered by China Inland Motors, Legation agrees fully with Stanton’s views that if payment of this monetary claim is accepted any other monetary claims will receive merely perfunctory consideration. See paragraph 5 of my 1231, November 4, noon, which crossed the Department’s November 4, 5 p.m.
2. In despatch dated November 1 Shensi Provincial Chairman expressed to Adams the Provincial Government’s regrets that this “unfortunate matter” occurred within the Province and that its authorities had so far been “unable to discover the culprits within a short period of time in spite of investigations made and action taken in every way.”
The communication concludes with following promises for settlement of the case.
“This Provincial Government is willing to accept with the utmost sincerity three demands contained in your note under reply. As regards the first demand we shall assume all responsibility within the shortest possible period of time—limited to 1 month at most—for taking efficient and effective measures to discover and apprehend the culprits of this case and to punish them to the fullest extent of the law in order to serve as a warning for the future. As regards the second demand the remains can certainly be located as soon as the culprits are discovered and apprehended. As regards the third demand full reparations will be made for the losses as enumerated in the list prepared [by] China Inland Motors.
As to American citizens residing in Shensi in future this Provincial Government will certainly discharge its duties of protection and will by no means permit the future occurrence of such unfortunate incidents.”
3. As pointed out in my November 4, noon, payment of heavy monetary damages may ultimately be the only punishment which can be inflicted upon the responsible authorities and I do not believe that this inadequate weapon of punishment for the murder of Ekvall and for bringing home to all Chinese authorities the importance of protecting lives of remaining Americans should be jeopardized by acceptance at this juncture of payment of the company’s claim much though I sympathize with the company in its property loss.