Foreign Relations of the United States Diplomatic Papers, 1938, The Far East, Volume IV

494.11/56: Telegram

The Secretary of State to the Consul General at Shanghai (Gauss)

Washington, February 15, 1938—7 p.m.

141. Your 241, February 11, 2 p.m.⁶² Department is now preparing telegram to Hankow, for repetition to Consulates, regarding procedure to be followed in handling claims.

In view of negligible results obtained by presentation to local Japanese authorities of claims arising out of 1932 incident,⁶³ and since the greater part of losses sustained in the present conflict will doubtless be regarded by Japanese as resulting from acts of forces incident to military operations, for which losses the Japanese Government has denied international responsibility, the Department considers that presentation of claims to local Japanese authorities is inadvisable except in specific cases in which international responsibility is admitted by Japanese Government and a desire expressed by it that such cases be settled locally.

With reference to cases in which claimants state that it is impossible for them to determine whether the damage was caused by Chinese forces or Japanese forces, you may advise them that in the absence of evidence establishing that internationally illegal acts of Chinese or Japanese authorities were the proximate cause of the damage sustained it is not perceived on what basis of legal liability claims for such losses could be successfully prosecuted against either Government.

Repeat to Hankow and Peiping.

Hull

62. Not printed.
63. For hostilities at Shanghai, see Foreign Relations, Japan, 1931–1941, Vol. i, pp. 161 ff; see also Foreign Relations, 1932, Vol. iii, Index, pp. 769–773.