The Secretary of State to the Commissioner at Vienna ( Frazier )

No. 398

Sir: There is transmitted in the pouch with this instruction a package containing the President’s instruments of ratification9 of the Treaty between the United States and Austria, signed at Vienna on August 25 [24], 1921, which you will exchange for the ratification on the part of Austria; also the President’s full power9 authorizing you to effect the exchange and a form of protocol attesting the exchange which you are to sign in duplicate with the Austrian plenipotentiary at the time of making the exchange. Before proceeding to the exchange you should be careful to see that the text of the Treaty as contained in the Austrian instrument of ratification conforms with the text of the Treaty as contained in the instrument of ratification of the United States.

As soon as the exchange shall have been effected you will please inform me of the fact by cable, stating in your telegram the date of the exchange and the date of the Austrian instrument of ratification. The Austrian instrument of ratification and the American copy of the signed protocol of exchange should be promptly forwarded by you to the Department.

Should any question be raised by the Austrian Government with respect to the form of the Resolution by which the Senate gave advice and consent to the ratification of the Treaty, you will readily be able to make a satisfactory explanation to remove any possible misapprehension regarding the matter. The terms of the Resolution with respect to participation of the United States in any agency or commission under the treaty of course relate merely to matters of domestic policy and procedure which are of no concern to the Austrian Government. The Senate expressed their understanding in the Resolution, evidently out of abundance of caution, that the rights and advantages which the United States is entitled to have and enjoy under the Treaty embrace the rights and advantages of nationals of the United States specified in the Joint Resolution of Congress of July 2, 1921, and in the Treaty of St. Germain-en-Laye. Negotiations with reference to the Treaty show that there has been no question between the contracting parties with regard to this obviously correct construction, and the understanding of the Senate as expressed in their Resolution is, of course, in no way at variance with the terms of the Treaty.

I am [etc.]

Charles E. Hughes
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