File No. 893.51/1729

Minister Reinsch to the Secretary of State

[Extract]
No. 1295

Sir: In continuation of my despatch No. 1284 of the 29th ultimo,* * * I have the honor to forward herewith the following enclosures:

1.
Memorandum by Professor W. W. Willoughby which was made, in substance, the basis of the letter of the Minister of Finance to the representatives of the banking Consortium, under date of December 1.
2.
Substance of the reply of the representatives of the Consortium, under date of the 2d instant.
3.
Memorandum of the substance of the reply of the Minister of Finance, despatched on December 6.
4.
Copy of the Legation’s note of the 7th instant to the Minister of Finance.

I have [etc.]

Paul S. Reinsch
[Page 147]
[Inclosure 1]

Memorandum used as the substance of a letter from the Minister of Finance to the representatives of the Consortium

Replying to your letter of inquiry of November —, I have the honor to say that when, more than two months ago, the Chinese Government was attempting to make a loan coming within the scope of Article XVII of the Agreement of April 26, 1913, the loan was offered to the Consortium of Ranks which is collectively a party to that agreement. This was in accordance with the option therein provided. In reply to this offer, the Chinese Government was informed that the five Banks, constituting the Consortium, were no longer able to act as a group, and that with one of the members of the group the other four members were unable or unwilling to communicate or cooperate. This confession on the part of the group that it was not in a position to exercise the option thus offered to it, of course left the Chinese Government free to offer the loan in question to any parties that it might see fit. That is to say, it might offer it to any outside bank or banks, or to an individual bank or a group of banks from among those which constitute the Consortium under the Agreement of April 26, 1916 [1913?].

As regards the loan recently obtained from the Chicago bank, I have the honor to say that it is a loan which does not come within the provisions of the Agreement of April 26, 1913, inasmuch as it is neither guaranteed by the revenues of the Salt Tax nor for purposes of a nature similar to those enumerated in Article II of the said Agreement.

This loan is an industrial one, and, incidentally, for the aid of the Bank of China, in which Bank its proceeds are to be deposited in order that its credit may be strengthened.

[Inclosure 2]

Substance of the reply of the representatives of the Consortium to the Minister of Finance

The Bankers can not agree with the views expressed by the Minister of Finance that the British, French, Russian, and Japanese Banks have lost their rights under Article 17 of the Reorganization Agreement through their inability to cooperate with the German Group. This contention is supported by the Minister’s letter of November 17, in which he confirmed application for a loan of £10,000,000., although he had been informed that the five banking groups could not cooperate.

As to the American Loan the Bankers cannot admit that a loan to be made for the strengthening the credit of the Bank of China is an individual loan and therefore not under the provisions of the Reorganization Loan Agreement. They therefore cannot modify their attitude towards that loan.

[Inclosure 3]

Memorandum of the substance of the reply of the Minister of Finance

The Minister of Finance states that in his letter of November 17, he did not confirm the application of a loan for £10,000,000 to the four banks, but requested to be informed specifically as to the instructions which had been received by them with respect to the action on the option offered in September to the Consortium as a whole. With respect to the American G$5,000,000 Loan, he said in substance as follows:

It is necessary for us to point out that the Chinese Government cannot hold itself bound beyond the explicit language of the loan agreement, and that a loan for strengthening the currency reserve of banks is in no way comprised in that language. Moreover, the ultimate purpose to which the proceeds of this particular loan are to be devoted is industrial in nature.

[Page 148]
[Inclosure 4]

Minister Reinsch to the Minister of Finance

Excellency: As you confidentially inform me that the British, French, Russian, and Japanese banking groups had entered a protest against the American loan, just concluded, on the ground that it conflicted with Article XVII of the Reorganization Loan Agreement, I reported this matter to my Government and I am now informed that in the opinion of the American Government the terms of the Continental and Commercial Bank loan in no way conflict with any agreements between foreign bankers and the Chinese Government. I may also state that opposition to this American loan would appear to imply that there is a claim on the part of others to greater privileges in China than are enjoyed by Americans; and also that such a claim, founded on an extensive interpretation of Article XVII of the Reorganization Loan, cannot be admitted.

Your excellency has also given me specific information to the effect that the proceeds of the American loan are to be used for the purpose of strengthening the credit of the two national banks of China, and of creating a fund for advancing the industrial development of the Republic. I note this assurance with satisfaction and it is highly important that the proceeds should entirely be applied to the constructive and productive purposes indicated, because should they be expended for purely political uses unconnected with productive industrial enterprises, the making of all further loans in America would be seriously discouraged. Without any desire to interfere at this time with the disposal to be made of the loan, I feel that I owe you the above indication of the danger of any diversion of the funds from the purposes indicated.

I avail [etc.]

Paul S. Reinsch