493.11/2284

Memorandum by the Assistant Chief of the Division of Far Eastern Affairs (Mackay) of a Conversation With the First Secretary of the Chinese Embassy (Tsui)

Mr. Tsui called at the Department upon invitation and was received by Mr. Mackay.

Mr. Mackay referred to that portion of the telegram addressed to the Chinese Embassy by Dr. H. H. Kung under date June 7 (see last paragraph of the enclosure to the Chinese Embassy’s communication of June 8), in which comment is made in regard to the payment of the Boxer Indemnity, and inquired in what respect the Department’s communication of April 22, 1939, which deals with the subject under discussion, is inadequate.

Mr. Tsui replied to the effect that the text of the Department’s communication of April 22 had been telegraphed to Chungking and that he assumed that Dr. Kung’s inquiry of June 7 was occasioned by the fear that, as the Department had not specifically agreed to the postponement of the payment of the American share of the Boxer Indemnity, China might be classed as a defaulting nation under the terms of the Johnson Act.88

Mr. Mackay remarked that the 1908 and 1925 remissions of the American share of the Boxer Indemnity resulted from joint resolutions of Congress and from Presidential executive orders; that the Department is not in position affirmatively to agree to the postponement of Indemnity payments; that in the past when the Chinese Government has under special circumstances requested a postponement of payments the Department has, in each instance in which postponement ensued, merely refrained from expressing objection thereto; that no difficulties had resulted from such procedure; that in the present instance it is most unlikely that the terms of the Johnson Act would be construed as being applicable or that the question would [Page 848] even arise; and that in view of all the attending circumstances it would seem desirable that the Chinese Government refrain from pressing the issue.

Mr. Tsui said that he had not hitherto understood the position of the Department in regard to the matter under discussion; that the reasons underlying the form of the Department’s reply to the Chinese Embassy’s request for postponement of Indemnity payments were now clear to him; and that the Embassy would at once endeavor, by means of a telegraphic communication, to explain the situation to Dr. Kung.

On taking leave Mr. Tsui expressed appreciation for the cooperative spirit displayed by the Department in not raising objections to the postponement of payments of the American share of the Indemnity.

  1. Approved April 13, 1934; 48 Stat. 574.