711.9312A/6

The Chinese Minister (C. C. Wu) to the Secretary of State

Sir: Referring to your Department’s note of December 21, 1928,72 transmitting for the consideration of my Government and as a basis for negotiation the draft of a Treaty of Arbitration between China and the United States, I have the honor to return herewith in pursuance of instructions from my Government the draft as amended by my Government,73 together with an explanatory note showing the reasons for the verbal changes suggested, for your consideration.

I take this opportunity to add that I have been designated as Delegate Plenipotentiary on the part of China with full power to sign this Treaty.

Accept [etc.]

Chao-Chu Wu
[Enclosure]

The Chinese Legation to the Department of State

Explanatory Note

I.
The words “Permanent International Commission constituted pursuant to the treaty signed at Washington, September 15, 1914”74 should be substituted for “an appropriate commission of conciliation” in Article I, paragraph I of the draft treaty, because the above-mentioned treaty of Conciliation between China and the United States is still in force and because the change will thus obviate the necessity for settling the question of how “an appropriate commission of conciliation” should be constituted.
II.
The words “in the Chinese and English languages, both texts having equal force,” should be substituted for “in the English language” in Article III, paragraph III of the draft treaty, in conformity with an order of the National Government, which was based upon a recommendation of the Legislative Yuan, to the effect that hereafter whenever China concludes treaties with foreign countries, it should be provided in the treaties, in regard to the interpretation of the text, that the Chinese language should prevail, except when a third language is stipulated as authoritative.