493.11/2055a: Telegram
The Secretary of State to the Ambassador in China (Johnson)
184. In view of the present Sino-Japanese disturbances in China it would seem to be desirable that notification be sent to American nationals and concerns in China in relation to steps to be taken by them to obtain and put on record evidence of losses and damages suffered during the disturbances. It is suggested that such notification should be substantially as follows:
While the American Government cannot in advance and without examination of their respective merits undertake to espouse or to present claims against the Chinese and Japanese Governments which may be presented to the American Government by its nationals for losses, damages or injuries to life or property resulting from present military operations in China, nevertheless, with a view to making clear the essential requirements of the procedure for and the steps which claimants would be well advised to take with a view to possible eventual presentation of such claims,79a suggestions are offered as follows:
Evacuated Americans should file with the Consulate inventories of property and best possible evidence as to exact location, quantity, and value of destroyed, looted, abandoned, or occupied property for which they may desire indemnity. In the case of those nationals and concerns who expect to remain on the ground unless forced to abandon their properties, it is of essential importance that they take immediate steps to make a careful inventory of their properties and that this inventory be supported by competent corroborative evidence, if procurable, and sworn to before the American Consulate. Where possible, corroborative evidence of eyewitnesses as to the destruction, looting, or forced abandonment, or occupation of property should be obtained and especially should effort be made to identify the persons or forces occupying or responsible for the losses or damages. Bills of sale, receipts, or other documents tending to establish the quantity [Page 287] and value of the property should be obtained or if already in the possession of claimants should be retained for future reference. Particular stress should be laid upon the necessity for first-hand evidence to establish the identity of the force or forces or individuals who caused the losses, and the extent of the losses. Where any goods or properties are taken over under requisition by either Japanese or Chinese authorities, requisition receipts should be obtained wherever possible.
In personal injury or death cases, evidence should be obtained whenever possible as to the identity of the persons or forces that caused the injury or death, and the sworn statements of persons, including attending physicians, who can testify of their own knowledge as to the injuries or their effects, or as to the death and its causes, should be obtained.
Please inform Peiping and consular offices in China, exclusive of Manchuria.
- In a written exchange of views (September and December 1937), the British Embassy and the Department of State presented their ideas on the subject of possible claims against Japan (493.11/2062, 2076).↩