File No. 893.77/1588

Minister Reinsch to the Secretary of State

No. 1368

Sir: I have the honor to enclose a copy of the answer, under date of the 20th instant, of the Japanese Minister to my note of January 3, a copy of which was transmitted to the Department with my No. 1331 of the 3d instant, as well as a copy of my reply of January 29. It seemed to me of the greatest importance at this time to make the Japanese Minister understand two points:

  • First, that while we have no intention of pursuing an obstructionist policy towards Japan, the so-called “special position” of Japan in Manchuria has not yet been recognized beyond the specific grants and concessions, the sum total of which makes up what may be called the legal position of Japan in that region; and
  • Second, that if cooperation is to be talked of between the United States and Japan, it may perhaps be more suitable for the Japanese to offer cooperation in enterprises which they control than to ask for a part in the one or two American enterprises; at any rate, when the latter form of participation is asked, it is important to know what is thought of the former.

It follows from the above that any rights or privileges which Japan may claim in Manchuria cannot be deduced from an abstract conception of a “special position” there, but must be shown as flowing from particular grants or concessions; and that the latter cannot be admitted to have superseded prior rights or concessions held by others which have not been voluntarily given up.

I believe that if this position is adhered to, it may be possible to obtain from Japan, if it is desired, a large measure of participation in Manchurian development and the engagement to refrain from seeking special rights and privileges in China proper in return for [Page 172] a more specific recognition on our part of the “special position” which Japan is trying to establish for herself in Manchuria. To recognize the existence of such a “special position” without getting some such assurances as are mentioned above, would be to make to Japan a gratuitous concession—a gift—instead of giving the transaction a form under which the recognition and tolerance of the position aimed at by Japan would be made to yield desirable results, both for the protection of American trade and of Chinese independence.

I have [etc.]

Paul S. Reinsch
[Inclosure 1]

The Japanese Minister to Minister Reinsch

My dear Colleague: I have read with great interest your letter of the 3d instant on the subject of the possibility of cooperation between the financial interests of our two countries in railway undertakings in China and now have the honour to address to you the following by way of a reply of personal character.

It is true that there is in the Ssupingkai-Chengchiatun Railway Loan Agreement concluded by the Yokohama Specie Bank in December 1915, a provision authorizing the said bank to float the whole or a part of the loan in London, Paris or New York. With regard to this loan I have ascertained that the total sum was only five million yen and the bonds covering it were already issued in home market in May last.

The above mentioned loan agreement has its origin in an engagement made by the Chinese Government in October 1913, in favour of the Imperial Government, which provides that the Chinese Government will construct the railway lines: (1) Ssupingkai-Chengchiatun-Taonanfu, (2) Taonanfu-Changchun, (3) Kaiyuan-Hailung with the fund to be supplied by Japanese capitalists, and that, when the Chinese Government will in future construct the railway lines: (1) Taonanfu-Jehol, (2) Hailung-Kirin with foreign capital, it should first negotiate with Japanese capitalists for funds required.

Besides the last mentioned engagement, the Japanese Government secured from China in May 1915, a general preferential right concerning railway investments in South Manchuria and Eastern Inner Mongolia.

Further I may add that, for all the lines other than that between Ssupingkai and Chengchiatun which has a very short length of some fifty miles only, no loan agreement has ever been concluded or is being negotiated by Japanese capitalists.

I believe the above informations are exactly what you want to know and hope that they will serve your purpose.

With regard to the general principle of cooperation between Japanese and American capitalists with the object of developing natural resources in China, I may assure you most positively that I share the sentiment so spontaneously expressed in your letter. But as regards the practical side of the question in applying the said principle of cooperation to railway enterprises in South Manchuria and Eastern Inner Mongolia, it is more desirable that I shall be allowed to reply at a later date upon further consideration on account of the special position enjoyed by us in the said regions.

In the meantime, I should be very much obliged if you would be good enough to furnish me with sufficient information regarding the scope and character of the railway agreement recently concluded by the American International Corporation with the Chinese Government together with an explanation as to whether there is any possibility of cooperation for Japanese capitalists in the undertaking provided therein.

With the assurance [etc.]

E. Hayashi
[Page 173]
[Inclosure 2]

Minister Reinsch to the Janpanese Minister

My dear Colleague: I beg to acknowledge and to thank you for the very interesting letter of the 20th instant, in which you so frankly set forth your personal views in reply to my informal inquiries as to the possibilities of cooperation between American and Japanese capital in the development of railways in Manchuria.

I have noted with interest the fact “that, for all the lines other than between Ssupingkai and Chengchiatun which has a very short length of some fifty miles only, no loan agreement has ever been concluded or is being negotiated by Japanese capitalists”.

I also note that with respect to the remaining alignments dealt with in the agreement of October 1913, as well as to other possible railway enterprises in Southern Manchuria, you think it more desirable “to reply at a later date upon further consideration on account of the special position enjoyed by us in the said regions.” I confess that your statement would come to me with a sense of surprise were it your intention to imply a doubt as to whether the specific concessions and rights held by your country, of which its legal position in that region is made up, would permit of the participation of American capital in particular enterprises there; and I look forward with much interest to the opportunity to learn your considered views as to the point so raised. I of course take it for granted, and believe that you will agree with me, that any subsequent undertakings entered into by your Government would not be maintained to have impaired any previously existing rights of other nationalities, such as those conferred by the Preliminary Agreement of October 2, 1909, in regard to the Chinchow-Aigun Railway.

In response to your request for sufficient information regarding the railway agreement recently concluded in behalf of American interests, I shall take pleasure in requesting Messrs. Siems-Carey & Company to forward to you a copy of their contract of May 17 last, for such use as you may care to make of it. I imagine that you have in your files a copy of the Preliminary Agreement of October 2, 1909, but if not, I should be happy to furnish you one. As I find that our Legation has no copies of the Agreement of October 1913, to which you make reference in your letter, might I with propriety ask if you would be good enough to let me have a copy?

I shall be greatly pleased, at any time, to continue informal discussion of these matters upon which we are having an exchange of opinions.

With the assurance [etc.]

Paul S. Reinsch