893.50 Recovery/7–548: Telegram
The Ambassador in China (Stuart) to the Secretary of State
[Received July 5—12:31 a.m.]
1226. Following odds and ends re bilateral negotiation: Re paragraph 1, Deptel 984, July 2, text quoted therein appears in agreement verbatim. It was quoted this form Embtel 1173 [1172] June 28 and approved by Department in Deptel 952, June 29, paragraph 1.
Difference in time, calligraphy, advance preparations for press releases et cetera were understandably responsible for Foreign Office complete inability to accept language and other changes contained Deptels 979, July 2; 984, July 2, and 973, July 2. Moreover in connection NAC requested change Embassy relied not only on its necessary stipulation of “timely contrary word” in Embtel 1189, June 3069 but also on opening language last sentence Deptel 965, June 30 which read “meanwhile Embassy should [not] dispose70 finally this paragraph et cetera” plus apparent misunderstanding arising here Cleveland and Merchant July 2 telephone conversation.
Re paragraph 3–[c] Deptel 979, July 2 notes for publication dated July 3 being exchanged with Foreign Minister. Upon exchange text confirmation will be telegraphed.71 Embassy regrets its failure recognize vitality this particular minute which it interpreted as in nature unilateral statement to Chinese re our constitutional procedures rather than matter involving Chinese agreement or undertaking.
Embassy likewise exchanging notes with Foreign Office re Ambassador’s and Foreign Minister’s authorization to sign which points were confirmed prior to signature.
Embassy believes interpretation sentence 1, paragraph 1, article IV to comprehend powers spelled out in deleted sentence 2 of same paragraph was covered in course negotiations and confirmed in Lapham’s conference with Prime Minister July 1. In light this fact and necessity securing for publication any written assurances led us to leave matter on basis oral understanding confirmed by aide-mémoire to Foreign Office dated July 2.
Similarly Embassy deemed necessary retain on oral basis assurances re deleted subparagraphs a, b, c of paragraph 3 article III.
Full text agreement, annexed minutes, notes exchanged, and aide-mémoires being air pouched.72
Sent Department 1226, repeated Shanghai 579.
[In telegrams Nos. 992, 993, and 994, July 7, 4 p.m. (893.50 Recovery/7–748, 7–348), the Department requested the Embassy to secure various amendments to the agreement through an exchange of notes with the Chinese Foreign Office. The most significant change was based on the use of the phraseology in article V, paragraph 5, adopted by the National Advisory Council, which was set forth in the Department’s telegrams Nos. 900, June 19, page 554, and 973, July 2, page 595. In telegram No. 1322, July 20, 6 p.m. (893.50 Recovery/7–2048), the Embassy reported the Foreign Office’s view that the amendments were unnecessary in that they involved only language changes and no changes in substance. The Embassy recommended that the agreement stand as signed.]
- Not printed; see footnote 67, p. 597.↩
- Embassy file copy of telegram No. 965 does not contain the word “not” before “dispose”.↩
- Telegram No. 1313, July 20, 2 p.m., not printed. For text of notes, see Treaties and Other International Acts Series No. 1837, or 62 Stat, (pt. 3) 2979.↩
- Transmitted in despatch No. 345. August 11, not printed.↩