Papers relating to the foreign relations of the United States, 1931, The Far East, Volume III

793.003/720: Telegram

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

Shanghai, June 8, 1931—4 p.m.
[Received June 11—9:20 a.m.⁶⁷]

My June 1 [8], 1 p.m.

1. Following are texts of letters exchanged and article 21. Please keep confidential.

2.

(a) “Nanking 6th June, 1931.

My Dear Doctor Wang: With reference to our recent conversations, I should be glad to receive your confirmation that the draft treaty in 22 articles and preamble and attached documents marked ‘A’ to ‘I’, concerning the readjustment of matters relating to jurisdiction over subjects of His Majesty in China, copies of which were exchanged between us today and which I am now referring for confirmation to His Majesty’s Government, are acceptable to you as they are to me. (Signed) M. W. Lampson.”

(b) “Waichiaopu (Ministry of Foreign Affairs). The Republic of China, Nanking, 6th June, 1931.

My Dear Sir Miles Lampson: In reply to your letter of today’s date on the subject of the draft treaty in 22 articles, preamble, and attached documents marked ‘A’ to ‘I’, relating to jurisdiction reserve over subjects of His Majesty in China, copies of which were exchanged between us today, I have the honor to inform you that the said draft of convention treaty and attached documents are acceptable to me and are being submitted to my Government for confirmation. Sincerely yours. (Signed) Chengting T. Wang.”

(c) “Article XXI.

(1) The present treaty shall be binding during a period of 10 years from the date of its coming into force.

(2) Notwithstanding the provisions of paragraph 1 of this article, the provisions of article II of the treaty relating to the Special Chambers to be established by the Chinese Government and those of article III relating to the legal counselors to be appointed by the Chinese Government shall remain in force for such period as the Chinese Government may deem appropriate, not being less than 5 years.

(3) Either of the high contracting parties may demand that on the expiration of the said period of 10 years the provisions of the treaty shall be revised. Notice of such a demand shall be given at least 12 months before the expiration of the said [period] of 10 years and negotiations shall thereupon be entered into for the purpose of effecting such revision. If no agreement is reached in regard to such revision within this period the treaty shall become null and void.

(4) In case neither of the high contracting parties shall have given notice at least 12 months before the expiration of the period of 10 years of his intention to terminate the treaty, it shall remain in force subject to 12 months notice of termination by either party at any time after the expiry of the first 10 years’ period.

[(d)]. “Article XXII.

(1) The present treaty shall be ratified by the high contracting parties in accordance with their respective constitutional methods.

(2) The ratifications shall be exchanged at Nanking.

(3) The present treaty shall come into force as soon as the ratifications of His Majesty the King of Great Britain, Ireland and the British Dominions Beyond the Seas, Emperor of India, in [apparent omission] of each and all the members of the League of Nations as enumerated in the preamble of the treaty, and of His Excellency the President of the National Government of the Republic of China, shall have been exchanged.”

Johnson

67. Telegram in two sections.