893.51/5823

The Minister in China (Johnson) to the Secretary of State

No. 2280

Sir: Referring to previous correspondence concerning the service of the Hukuang Railways Loan of 1911, I have the honor to transmit [Page 649] a copy of a letter dated July 10, 1933, from Mr. James A. Mackay, Assistant Vice President of the National City Bank of New York and my reply of July 14, 1933.17

On July 18, 1933, the British Minister suggested to my French colleague and myself that a further joint memorandum be sent to the Chinese Government reminding it of its obligations in respect to the Hukuang Loan. On July 19, 1933, I indicated my willingness to join in the memorandum but took occasion to point out that a note on this subject had been addressed by me to the Minister for Foreign Affairs as recently as June 29, 1933.18 The British Minister sent me the joint memorandum on July 27, 1933, and I returned it to him after signature for delivery to the Minister for Foreign Affairs. Copies of these communications are enclosed.19

On August 6, 1933, the British Minister approached me with the proposal to send another joint memorandum mentioning a report that the 5% Famine Relief Customs Surtax would be utilized as part security for the $50,000,000 American Wheat and Cotton Loan. I reported this proposal to the Department by my telegram No. 674, August 11, 3 p.m. and, following the receipt of the Department’s reply, No. 297, August 23, 1 p.m., I sent a note to the British Legation20 based upon the Department’s instruction. Copies of these several notes are enclosed.

I have had no further communication from the British Legation in reference to the matter.

Respectfully yours,

Nelson Trusler Johnson
[Enclosure]

The American Minister in China (Johnson) to the British Minister in China (Lampson)

The American Minister presents his compliments to His Britannic Majesty’s Minister and has the honor to acknowledge the receipt of his third person note of August 6, 1933,18 proposing a further memorandum to be addressed to the Minister for Foreign Affairs by the Ministers of Great Britain, France and the United States of America, relative to the failure of the Chinese Government to implement Articles VIII and IX of the Hukuang Railway 5% Loan Agreement of 1911.

[Page 650]

The American Minister has not failed to give serious and careful consideration to this proposal, and at the same time has consulted by telegraph with his Government.

As the result of this consideration, Mr. Johnson regrets that he cannot see his way clear to joining in representations along the line proposed, in view of the fact that he finds no warrant for the reference in the proposed memorandum to the Cotton-Wheat Loan. Nor does he perceive warrant for reference to the 5% Famine Belief Customs Surtax, as it would appear that the provision in Article IX of the Hukuang Railway Agreement for substitution of Security could not reasonably be held to have contemplated inclusion of such revenues as, for instance, those derived from the Famine Relief Customs Surtax.

He is, however, disposed, in cooperation with his British and French colleagues, to continue to urge upon the National Government of China that the bondholders of the Hukuang loan are entitled under Article IX of the Agreement of 1911, to have the service of that loan made a charge “as described and as provided in that Article, upon a portion of the Customs revenue.”

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  4. Infra.
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