711.90f2/18

The Ambassador in Great Britain (Mellon) to the Secretary of State

No. 340

Sir: I have the honor to refer to the Department’s instruction No. 83, June 16, 1932, regarding a counter-draft of the proposed provisional agreement between the United States and the Kingdom of the Hejaz and Nejd and its Dependencies, the contents of which were duly discussed with the Hejazi representative here and conveyed by him to his Government.

My Hejazi colleague now informs me that his Government has noted the acceptance of the United States Government of Part 1 (a). Furthermore, the Hejazi Government will withdraw the proposal in Part 1 (b).

The Hejazi Government accepts that the second sentence of Part 2 be modified to read as follows:

“… In respect of their persons, possessions and rights, they shall enjoy the fullest protection of the laws and authorities of the country, and they shall not be treated, in regard to their persons, property, rights [Page 992] and interests, in a manner, less favorable than the nationals of anyother foreign country.”

However, the Hejazi Government feels very strongly with regard to Part 6, and I am informed by my colleague that, with all due respect, his Government has great reluctance in abandoning to the United States what has been insisted upon in every treaty since the Treaty of Jeddah between Great Britain and the Hejaz Government; namely, that in the treaties with France, Germany, Italy, Turkey and Persia the foreign mutatis mutandis text and the Arabic text of the agreement are in each case of equal validity.

My Hejazi colleague points out, on behalf of his Government, that in the United States there are probably more competent Arabic scholars than in any of the other countries concerned, and that the Arabian Government, as a matter of national pride, has in each case given the most scrupulous care to the preparation of the Arabic text that there may be no incitement for an allegation that the use of the Arabic text will not prove equally satisfactory. In short, my Hejazi colleague pointed out that the language question in the Arabian Peninsula is at the present time of such national significance that in all treaties since the Treaty of Jeddah, as enumerated above, the equal validity of the two texts has been insisted upon, and that indeed more learned Arabic scholars reside in the United States than either English or French scholars in the Hejazi Kingdom. Furthermore, that the friendly attitude of the Hejazi Government is such that there could never be any dispute with the United States Government, and the fervent hope is expressed that the Department of State will not insist upon any substitution for the paragraph as originally proposed; namely, as follows:

“6. The English and the Arabic texts of the present agreement shall be of equal validity.”

I have the honor to request the Department’s instructions in this matter, as I have assured the Hejazi Legation that I will endeavor to present the question exactly as it was informally and in a most friendly manner set forth to me by the Hejazi Legation.

Respectfully yours,

(For the Ambassador)
Ray Atherton

Counselor of Embassy