494.11/58: Telegram
The Third Secretary of Embassy in China (Allison) to the Secretary of State
[Received February 23—10:55 a.m.]
66. Embassy’s February 5, 5 p.m., quoting the Department’s 51, February 4, 4 p.m. Mr. Fukui gave me yesterday afternoon an official letter regarding private claims for damages in which he stated [Page 280] that “the Japanese Government is prepared to accept responsibility for damages to private property of the United States of America in Nanking proved to have been caused by Japanese soldiers. The Japanese Government, however, will not assume any responsibility for damages resulting from military operations.”
In my acknowledgment dated today I stated that “in accordance with our recent conversations on the matter it is understood that the reference to private property of the United States of America refers to property belonging to private American citizens or organizations, as distinct from Government officials or organizations.” I further pointed out, in accordance with the Department’s telegram No. 51, February 4, 4 p.m., that with regard to the Japanese disclaimer of responsibility for damages resulting from military operations, “as the American Government reserves all rights in respect to such damages, the American Government will regard the Japanese Government statement as not prejudicing the right of the Department of State to take up through diplomatic channels claims for damages resulting from military operations.”
Sent to Embassy, Hankow. Repeated to Peiping and Shanghai. Shanghai please repeat to Tokyo.