124.932/562: Telegram
The Secretary of State to the Ambassador in China (Johnson)
29. Nanking’s 25, January 18, 10 a.m. Subject to the Embassy’s concurrence, the Department desires that Allison be instructed that [Page 244] the Department does not consider that the proposals of Okazaki constitute a satisfactory basis for a local settlement on Allison’s points 1 and 3. The Department authorizes him, however, to accept on point 2, namely, a personal letter of assurance regarding compensation for damages to property of the Embassy and the Embassy staff.
In regard to point 1, this Government would consider acceptable as an alternative to the original proposal an expression of regrets tendered personally by the Commanding General of the Japanese forces at Shanghai to Admiral Yarnell. In case the Japanese authorities are unable to agree to either of these alternatives, the Department considers that it will be necessary to instruct the Embassy at Tokyo to request that an expression of regret be tendered either by the Japanese Minister for Foreign Affairs to our Ambassador at Tokyo or by the Japanese Ambassador in Washington to the Secretary of State.
With regard to point 3, this Government is unable to admit that the Japanese Government is relieved of responsibility for damages to American property resulting from Japanese military operations at Nanking and Allison should, therefore, point out to the Japanese authorities that assurances containing such a disclaimer are unacceptable to this Government. However, the Department would consider acceptable a statement covering affirmatively damages caused by Japanese troops but containing no express disclaimer for damages caused by military operations.
Allison should not press the Japanese authorities on point 3, although he may remind them that our willingness to consider a local settlement was responsive to the desire expressed by the Japanese authorities, as reported by Allison in his No. 8, January 7, 4 p.m., and that the conditions which we have outlined were designed to obviate diplomatic representations on specific cases occurring at Nanking.
If the Japanese authorities are unable to give satisfactory assurances on point 3 as above outlined, the Department will expect to take up through diplomatic channels claims against the Japanese Government which are submitted by the American interests concerned in accordance with the last paragraph of Department’s No. 12, January 11, 4 p.m.26
Allison should report the outcome of his discussions with the Japanese authorities27 in order that the Department may issue such instructions as may be necessary to the Embassy at Tokyo.
Please repeat to Tokyo.