711.9312A/23
The Acting Secretary of State to the Chinese Minister (C. C. Wu)
Sir: I have the honor to acknowledge the receipt of your note of July 24, 1929, wherein, in connection with the negotiation of a treaty of arbitration between the United States of America and China, you stated that an order of the National Government, based on a recommendation of the Legislative Yuan, requires that whenever China concludes treaties with other countries it shall be provided in the treaties, in regard to the interpretation of the text, that the Chinese language shall prevail except when a third language is stipulated as authoritative.
In reply, I am happy to state that the Government of the United States would have no objection to the signature of the arbitration treaty in the English, Chinese and French languages, and to the inclusion therein of a stipulation that the English and Chinese texts shall have equal force but that in case of divergence the French text shall prevail. I propose, therefore, the following revised form of Article III of the proposed treaty:
The present treaty, in English, Chinese and French, shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the National Government of the Republic of China in accordance with Chinese constitutional law. The English and Chinese texts shall have equal force, but in case of divergence the French text shall prevail.
The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of ratifications. It shall thereafter remain in force continuously unless and until terminated by one year’s written notice given by either High Contracting Party to the other.
In faith whereof, the respective Plenipotentiaries have signed this treaty, in duplicate, in the English, Chinese and French languages, and hereunto affix their seals.
The acceptance by your Government of this proposed revision would place the two Governments in agreement on the terms of the treaty, and upon being advised of such acceptance and furnished with the Chinese text of the revision, I shall be glad to direct the preparation of the French text of the treaty for the consideration of your Government.
Accept [etc.]