Mr. Conger to Mr. Hay.

No 1733.]

Sir: I have the honor to confirm my telegram of the 23d instant and your reply of the 24th, concerning the payment by the Chinese Government of the indemnity provided for in the protocol of September 7, 1901.

The Chinese Government has sent a draft of a reply, translation herewith inclosed, which it proposes to formally transmit to the ministers signatory of the joint note of which I inclosed a copy in my dispatch No 1669, of July 26 last, if they will signify beforehand that its terms will be accepted. As you will observe, the Chinese Government proposes to pay the indemnity at gold rates, and promptly sign and deliver the fractional bonds if the foreign powers will concede three things:

  • First. That the rate of exchange at which payments are made shall be determined by the average daily rate for the whole month, and not the rate of the last day thereof, the date on which payment is made.
  • Second. That the interest on the arrearages which have resulted from payments heretofore having been made at silver instead of gold rates shall be written off or canceled.
  • Third. Since interest is due semiannually and principal annually, but is in fact paid over to the banks monthly, interest at 4 per cent per annum shall be allowed the Chinese Government on all sums thus paid before they are actually due.

The Chinese Government prefer this arrangement to the Belgian proposal because they dread the uncertainty of the latter. It appears to me to be a very happy solution of a difficult and long-discussed question. The representatives here are all pleased with it and believe their Governments will instruct them to accept it.

As we have already agreed to accept payment in silver it can not affect us much, unless there should be an unexpected and phenomenal rise in silver. But the allowance of the interest on the advance payments is of quite as much interest to us as to other powers. However when I accept, I shall have it understood that in all payments we shall expect as advantageous treatment as the other powers, which will of course mean that if other governments are paid at gold rates, we must be, and that the arrearages mentioned in proposition 2 shall be paid to us as well as to others.

I have, etc.,

E. H. Conger.
[Inclosure.—Translation.]

Memorandum.

A dispatch has been received from your excellencies saying that since China pays the indemnity by monthly installments, orders should be given to the bank to reckon according to the rate of gold exchange fixed monthly instead of half yearly. This just proposal of your excellencies is gratefully appreciated and may of course be followed. But it is necessary to state clearly that in reckoning the rate of gold exchange for any month it is not to be taken as that of the day on which the installment is paid, but must be the average rate of gold exchange for the whole month. For instance, the installment to be paid on the 1st of January should be reckoned by taking the rate of gold exchange for [Page 183] each of the thirty-one days of December and calculating an average rate for the month.

2.
From the commencement of the payment of the indemnity, owing to a difference in the interpretation of the text of the protocol, as made by yourselves on the one hand and us on the other, there has been a discussion as to whether the indemnity is payable in gold or silver, and no decision has been reached. On this account China has simply made her monthly payments according to the amounts in silver mentioned in the table of amortization. Now, if the payment is to be reckoned in gold, the installments already paid over will show a shortage when compared with the amounts which ought to have been paid, but the deficit is due to the fact that the point was under discussion and undecided and not to any inexcusable delay, so that the shortages in the payments heretofore made ought to be relieved of interest charges to enable China the more easily to pay them in full.
3.
According to the protocol the interest on the indemnity is to be paid every six months and the payments on the principal once a year. Now China is taking the whole amount of the principal and interest due for each year and dividing it into twelve portions, one portion being handed over each month to the bank for receipt and deposit. Thus it would be but just that the sums paid in advance of due date upon principal and interest should be reduced severally month by month by the amount of the interest which would accrue upon them at 4 per cent per annum, i. e., during the time for which each is paid in advance. For instance, the, payment on the indemnity made on the 1st of February is one-twelfth of the principal and interest due for that year, but the portion reckoned as interest is not due until the 1st of July, and as it is now paid in advance should therefore be reduced by the amount of five months’ interest. The portion reckoned as principal is not due until the 1st of January of the following year and, being now paid in advance, should be reduced by the amount of eleven months’ interest thereon, and so on for each of the monthly payments.
4.
If all the powers agree to the procedure set forth in the three items given above, China will agree to pay up in full at the end of the year 1904 whatever deficits may appear in the payments made during the three years beginning with 1902, reckoning them at the average monthly rate of gold exchange. And she will further agree, beginning with the year 1905, to clear off in full at the end of each year the amount of the indemnity due for that year, paying in monthly installments at the average monthly rate of gold exchange. Furthermore, after these items have been agreed upon, the separate bonds for the indemnity may be given and signed.