493.11 Shanghai/61: Telegram
The Secretary of State to the Consul General at Shanghai (Cunningham)
67. Your No. 118, March 22, 4 p.m.8 This Government cannot, of course, concede that Japanese Government has right to make an ex parte and final determination of its liability toward American citizens in these cases. On the other hand, the Department is desirous of facilitating such settlements as will best serve the interests of the persons concerned. You may therefore receive the check on the understanding that you will endeavor to arrange private settlements with the respective claimants by the payments indicated by Japan, that your receipt of money implies no waiver of rights on the part of either claimants or this Government but that it will be understood [Page 92] with claimants that in those cases in which full settlements are accepted by them, such settlements will be considered as final and that this Government will not subsequently present diplomatic claim for the same injuries, but that in those cases in which claimants are unwilling to accept amounts offered by Japanese Government in full settlement, all rights are fully reserved. You may also, if possible, arrange for acceptance by claimants of amounts offered by Japan as partial settlements of respective claims with reservation of rights with respect to balance claimed. In discussing possible settlements with claimants you should point out to them the advantages of even unsatisfactory settlements at present since it is impossible to foresee when any more satisfactory solutions can be effected through diplomatic channels, and that such settlements may be delayed many years and even then be unsatisfactory.
- Not printed; it reported details of Japanese offer to settle certain American claims arising from hostilities at Shanghai in 1932.↩