393.1164 Tungchow/19: Telegram
The Secretary of State to the Counselor of Embassy in China (Lockhart), at Peiping
345. Your 671, October 18, 3 p.m.,94 in regard to settlement of the Tungchow damages. Suma informed the Department on July 29 that his Government would be prepared to make reparation for damages to the Tungchow Mission. (Department’s 163, August 2, 4 p.m.94). Suma’s offer was not made in response to a request or suggestion from the Department.
On September 8 Hamilton handed Suma a memorandum setting forth the losses of the mission. Suma stated that anything which the Japanese might do in reference to cases such as that at Tungchow would be done as a separate matter.
The Department’s 289, September 29, noon, gives the substance of conversations with Suma on September 25 and 28.
The statement that “the matter might be settled with special consideration quite separately from all other questions regarding the [Page 372] compensation of damages” is not clear. It was understood that the proposed settlement was viewed as an unofficial one between the parties immediately concerned, and it is not impossible that it is this understanding to which Suma makes reference.
In view of the circumstances, the Department feels that there is no warrant now for taking official cognizance of an unofficial settlement, that the question of precedent does not arise, and that therefore it is neither necessary nor advisable for the Embassy to confirm with the Japanese Embassy that the Embassy “agrees to consider this settlement as one not forming a precedent in dealing with similar cases in the future”.
If you feel that a response to the Japanese Embassy’s note is called for, you may in your discretion inform the Japanese Embassy informally that the Department has considered and continues to consider the Tungchow settlement as an unofficial one between the parties immediately concerned.