811.24596/7–148: Telegram
The Secretary of State to the Embassy in the Philippines
835. On recommendation of Attorney General,1 Dept requests you deliver following note to FonOff soonest:
“I have the honor to refer to the provisions of the Act of the United States Congress providing for the independence of the Philippines, known as the Tydings-McDuffie Act (Act of March 24, 1934, 48 Stat. 456), and specifically to Section 10(b) of that statute which authorizes and empowers the President of the United States to enter into negotiations with your Excellency’s Government, not later than two years after the proclamation recognizing the independence of the Philippines, [Page 627] for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippines. Although negotiations have been entered into by our Governments which resulted in the conclusion of the Base Agreement signed on March 17, 1947,2 there are certain problems relating to naval reservations which will need to be the continued subject of negotiation between our Governments after July 4, 1948.
“Since the section of the United States statute referred to above would appear to require that the President of the United States enter into negotiations with your Government not later than two years after his proclamation of independence, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippines, I have the honor to request that your Government construe this note and previous arrangements which have been made by our Governments regarding this subject as entering into negotiations for the settlement of all such questions.”
For your information, Attorney General concerned regarding exchange notes attached base agreement re rights, titles, property in naval reservations.3 If you deem advisable, you may add to first paragraph FonOff note following sentence:
“Among other matters which may continue to be the subject of negotiation, there will need to be resolved the question referred to in an exchange of notes attached to the Base Agreement reserving for subsequent settlement the question of any rights and titles held by the United States to real property in any of the bases and naval reservations.”