124.932/562: Telegram
The Third Secretary of Embassy in China (Allison) to the Secretary of State
[Received January 18—6 a.m.]
25. Reference my January 7, 4 p.m., and the Department’s 9, January 8, 4 p.m., to Hankow quoted in the Embassy, Hankow’s January 10, noon. In the course of an informal conversation a few days ago with Mr. Okazaki, Japanese Consul General at Large, I brought up the matter of the Japanese apology and compensation for violation of American Embassy property and I referred to the three proposals outlined by Okamura and reported in my January 7, 4 p.m. Mr. Okazaki, much to my surprise, expressed astonishment and said that Okamura could not have been talking officially as Okazaki knew his instructions and they did not provide for any such proposals. I stated that this was an extremely serious matter and that I had already reported to the State Department and had received instructions. Okazaki replied that under the circumstances Japan must live up to the statement of all of its officers and make the required apology and compensation. However, he thought it would be irregular for a military officer to make the apology and he suggested that the apology should be made by Acting Consul General Fukui, as representative of the Japanese Ambassador, to me as representative of the American Ambassador. [I] pointed out that in that case it [Page 238] would be necessary for me to request further instructions and I added that I did not wish to request instructions until I was certain what the official Japanese attitude would be. Okazaki said he would ask Fukui to telegraph Ambassador Kawagoe for instructions and that he, Okazaki, in a supplementary telegram would recommend that Fukui give an apology and offer compensation. I stated I would wait until I heard officially from Mr. Fukui before I communicated with the Department of State.
Mr. Fukui, having received his instructions, called on me yesterday afternoon to discuss the matter. The following is a summary of our discussion which, in order to avoid future misunderstanding, I drew up in the form of a memorandum and obtained Mr. Fukui’s signature to it as being a correct account of our conversation.
After reiterating what Okazaki said, Fukui stated that it was the desire of the Japanese authorities that he, as the representative of the Japanese Ambassador, should make the required apology. I said it would be necessary to consult the Department of State and the American Ambassador before I could say whether or not that would be satisfactory. I told him that it was the opinion of the Department that the apology should include an expression of regret for the desecration of the American flag which had taken place on several occasions and he replied that he would request instructions in that regard.
The question was then taken up of recent written assurances from the Japanese Government covering adequate compensation for damages to American property. Fukui said the Japanese wished to settle first the matter of violation of Embassy’s property and compensation for damages to it and that belonging to Embassy personnel and then discuss damages to private American property. He added that the Japanese would make no investigation of claims arising out of damage to Embassy property or that belonging to staff members but would accept the statement of this Embassy as to the amount of damage done. This also applies to cars of private individuals taken from Embassy compound. Fukui said that he would give me a letter either before or at the time of the apology. The Japanese authorities would make compensation for such damage but he wished to make it a personal rather than an official letter. I told him I thought the letter should be official but would request instructions.
With regard to compensation for damages to private American property, Fukui said it would be necessary for the Japanese to make their own investigation of claims presented. He added he would telegraph his Government for permission to give me a written statement saying that the Japanese Government would make compensation for all damages to American property, excluding such damages as were the result of military operations, proved to have been caused by the [Page 239] Japanese soldiers. I informed him I was not at all certain such a statement would be satisfactory but that I would report it to my Government. Instructions are therefore requested on the following points:
- (1)
- Will an apology for violation of Embassy property and desecration of American flags tendered by Mr. Fukui be acceptable?
- (2)
- Will the Department be satisfied with a personal letter to me from Fukui regarding the compensation for damages to Embassy property and that of Embassy staff?
- (3)
- Is the proposed written statement regarding compensation for damages to private American property satisfactory?
In view of the apparently sincere desire of the Japanese to settle quickly the matter of violation of Embassy property and their offer to make prompt payment of damages therefor, I recommend that the first two questions above be answered in the affirmative. I feel however, that the proposed statement regarding settlement of damages to private American property is unsatisfactory.
Repeated to Embassy, Hankow and Shanghai. Shanghai please repeat to Tokyo.