124.932/560: Telegram
The Secretary of State to the Ambassador in China (Johnson)
51. Nanking’s 46, February 2, 4 p.m., and Department’s 29, January 21, 2 p.m. Unless the Japanese authorities at Nanking are prepared to act promptly in the matter of an expression of regret on the basis outlined in the Department’s telegram under reference, the Department will feel obliged in view of the delay that has already occurred to take up this point through diplomatic channels at Tokyo.
The Department approves of Allison’s statement to Fukui that no objection is perceived to the settlement of the violation of Embassy property before proceeding to the discussion of the settlement of private claims.
With regard to private claims, the Department is prepared, as indicated in the third and fourth paragraphs of the Department’s telegram under reference, to have Allison discuss a local settlement of such cases as the Japanese officials at Nanking have been duly authorized to settle. It is, therefore, not clear why the question of a disclaimer of responsibility for damages resulting from military operations such as the Japanese authorities propose to make should be brought into the discussion. Should they further insist upon including such a disclaimer of responsibility in the proposed written statement mentioned in Nanking’s 25, January 18, 10 a.m., Allison’s acknowledgment should contain a statement to the effect that as this Government reserves all rights in respect to such damages, this Government will regard the Japanese statement as not prejudicing this Government’s right to take up through diplomatic channels claims arising out of military operations.
Please instruct Allison accordingly.