861.01/825
The Minister in China (Schurman) to the Secretary of State
Peking, May 5,
1924.
[Received June 10.]
No. 2242
Sir: I have the honor to transmit herewith
enclosed a copy of a note which I addressed to the Minister for Foreign
Affairs on the 3rd instant regarding the Chinese Eastern Railway
pursuant to the instructions contained in your telegram No. 81 of April
26th, 6 P.M.
I have sent copies of this note to the British, French and Japanese
Ministers for their information.
I have [etc.]
[Enclosure]
The American Minister (Schurman) to the Chinese Minister for Foreign Affairs
(Wellington
Koo)
Peking, May 3,
1924.
No. 810
Your Excellency: With regard to the
negotiations which I understand are taking place between the
Government of the Republic of China and the Soviet Government, I am
directed by my Government to recall to Your Excellency’s attention
the Thirteenth Resolution adopted by the Conference on the
Limitation of Armament at Washington at its Sixth Plenary Session,
February 4, 1922, which reads as follows:
“The powers other than China, in agreeing to the Resolution
regarding the Chinese Eastern Railway, reserve the right to
insist hereafter upon the responsibility of China for
performance or non-performance
[Page 488]
of the obligations towards the foreign
stockholders, bondholders and creditors of the Chinese
Eastern Railway Company which the Powers deem to result from
the contracts under which the Railroad was built and the
action of China thereunder and the obligations which they
deem to be in the nature of a trust resulting from the
exercise of power by the Chinese Government over the
possession and administration of the
Railroad.”
and to remind Your Excellency’s Government that
China’s responsibility as Trustee for the Chinese Eastern Railway is
an obligation that is not to be ignored or unilaterally invalidated
by China in the course of any negotiations with other parties
regarding the Railway. The Government of the United States of
America stands for the protection of all interests in the Railway,
including Russian, and could not approve a change of any kind in the
status quo by whomsoever initiated unless
the rights of all creditors and other parties in interest were
adequately protected.
I take the opportunity afforded by the communication of the foregoing
declaration and reminder to repeat to Your Excellency, what Your
Excellency already knows from my earlier oral assurances, that the
Government of the United States has no desire to prevent the
conclusion of a Sino-Russian Agreement. The object of my Government
is to prevent future embarrassments, specially for Your Excellency’s
Government, by calling timely attention to the rights and interests
as well as to the obligations which China is bound respectively to
safeguard and to fulfill in performance of the duties she has
undertaken in respect of the Chinese Eastern Railway, as set forth
in the Resolution quoted above.
I avail myself [etc.]
