Treaty Not to he Terminated Withe Mutual Consent Peking, Aug. 8.
The following is the text of the Japanese reply to the Nationalist Government in regard to the latter's treaty "The Japanese Minister has the honour to acknowledge receipt of the Note of the Minister for Foreign Affairs, under date of July 19, informing him that the 'Treaty of' Commerce and Navigation of 1896, the Notes attached thereto and the Protocol annexes thereto, as well as the Supplementary Treaty of 1908 and its annexes, expired on July 20 of this year and, accord ingly, proposing the conclusion of a new treaty, Tt is also stated that the Nationalist Government have declared to act, pending the conclusion of a now treaty, in accordance with the provisional regulations promulgated by them.
"In reply, the Japanese Minister has the honour to quote, under ins~ true tions from—hix Government, pee XXVI of the Treaty, which tates:
"It is agreer that either of the High Contracting Parties may demand a revision of the Treaty at the end of ten years from the date of the exchange of the ratificat Dut if no such demand be made on cither side and no such revision be effected within six months after the end of the first ten years, then the 'Treaty and Tariffs in their present form shall remain in force for ten years more, reckoned from the end of the preceding ton years, and 80 it shall be atthe end of each successive period of ten years'
There is no stipulation for the abrogation or expiry of the treaty.
Mutual Consent Necessary "it in natural, therefore, that the Treaty can neither be abrogated nor terminated without special mutual consent and agreement between the two parties. Further, it is expressly stipulated in the provisions of the same Article that if the nego for revision are not completed months the Treaty and the Tariffs shall remain in force a-further ton years; this admits of no doubt that the Treaty and the Tariffs shall remain in force, "The Japanese Government having. consistently held the above view, made it clearly known to the V chiuopu of the Peking Government]
reply to that Ministry's proposal for revision of the Treaty and never! failed to remind. the Chinese authorities thereof on several subsequent occasions.
"The Treaties and accompanying documents being still in force, the Japanese Government deem it impossible to share the view of the Nationalist Government that the expiration of the term for treaty negotiation coincides with the expiration of those Trea "The Nationalist Government maintain to rule during the interim period before the conclusion of a new treaty with the so-called provisional regulations, which have been unilaterally drawn up by them when bringing into practice the termination of Treaties atill in force.
An Outrageous Act It is on the part of the Nationalist Government not only an infringement of the terms of the Treaty, which is inadmissible in the ight both of treaty interpretation and international usage, but also an outrages disregarding the! the Japanese Government finds itself absolutely unable to acquiesce.
"As for revision of the Treaties, however, the Japanese Government, have sincerity and are ready _to negotiate with the Nationalist Gov. ernment it view of the national a pirations of the Chinese people and also the close relationship in every respect between the two countries.
"This attitude of Japan has been clourly evidenced by the fact that] in informal negotiations for treaty' revision in Peking, the Japanese Government endeavoured to facilitaate revision by consenting several times to extension of the term for negotiation even after the expiration of the original six months. In this connection it must be pointed on: that revision has unfortunately not been effected chiefly because of political enrest in China.
"If the Nationalist Government, having regard to international ride. lity as well as neighbour ly friendship, recognize the validity of the existing Treaties by withdrawing—the declaration to enforce provisional regulations, the Japanese Government are ready gladly to agree to the proposal of the Nationalist Government for treaty revision and will not hesitate to effect such revision as may be considered appriate.
"If, however, the Nationalist Government stick to their attitude and insist upon the expiration of the existing Treaties, the Japanese Government cannot see their way to open negotiation for a new treaty.
"Further, if "the Nationalist Government should persistently attempt to enforce provisional regulations unilaterally, the Japanese Government declare hereby that they may be obliged to take such measures as they deem suitable for safeguarding their rights and interests assured by the Treaties."—Reuter.
Text read from the printed page and cleaned; old type leaves the occasional error.