693.94/9–1451: Telegram
The Secretary of State to the Embassy in the Republic of China 1
240. Dept believes its 220, Sep 7,2 will have clarified doubt raised 2d para ur 333,3 Sep 7, re feasibility omitting provision as to scope application bilat treaty.
Dept considers there may be some misunderstanding re its views concerning ltd nature bilat treaty negotiated with Jap prior coming into force of multilat treaty. Dulles–Morrison agreement re Chi nonparticipation San Francisco Conference wld in our opinion prevent US Govt encouraging Jap negot unrestricted agreement with Chi Nats while Occupation continues with consequent possibility charge that US pressure under Occupation regime had caused Japan’s action. In fact, US wld have to discourage such action. Hence if Nat Govt desires negot bilat with Jap prior going into force of multilat there must be some formula which will make clear realities existing situation.
However, upon coming into force of multilat and consequent resumption by Jap of full sovereignty question US pressure will not arise and Jap will be free, under Art 26 of Treaty, negot unrestricted treaty with Nats if it so desires. Present indications are that Jap Govt will so desire and after coming into force of multilat US Govt wld have no hesitation making known to Jap its support such action. Dept had assumed one of main motives Chi desire for early conclusion bilat with Jap was prestige and now that multilat has been signed without Chi participation Dept believes this factor shld not weigh so heavily. Wld seem early estab Jap Overseas Agency Taipei, which we are urging, together with arrival Kawada and perhaps other similar individuals, wld make clear Jap intention carry on relations with Nat Govt. Events next few months, prior coming into force of multilat, may make possible Chi and Jap begin negots looking toward conclusion unrestricted bilat after coming into force of multilat although this, of course, cannot be guaranteed. Might be in interest Chi Nats postpone for time being further consideration bilat and concentrate upon estab de facto relationships such as those implicit in opening of Jap Overseas Agency. As result San Francisco Conference, [Page 1349] Dept anticipates at early date bilat negots will open between various of the signatories and Jap concerning agreements under Articles 9, 12 and 14 of Treaty, and may be that knowledge such negots, together with possible negots between India and Jap, will facilitate negots between Nats and Jap.
However, shld Nat Govt wish proceed more directly at early date with negots with Jap, US must make clear it can only give encouragement if assured willingness Nat Govt accept formula which in our judgment adequately reflected present realities. In this connection Dept believes formulae given ur 298, Aug 30,4 generally reasonable, although utmost care will need be exercised in phraseology. FYI word “terrs” shld not be employed in way to imply Formosa is for purposes of Treaty already legal Dept China. Such action wld make difficult any possible future UN action; also it is not believed to be matter to be determined only by bilat Sino-Jap arrangement.5
- Telegram drafted September 13 by Mr. Allison and cleared by Mr. Merchant, Mr. Perkins, and Robert J. G. McClurkin, Deputy Director of the Office of Northeast Asian Affairs.↩
- See footnote 4, p. 1333.↩
- This paragraph reads: “Since Japs have not raised query scope of application bilateral treaty I suggest we endeavor omit such provision if possible. It seems almost certain to create serious and many-sided difficulties in Chi-Jap discussions and will render projected bilateral treaty impossible.” (693.94/9–751) This telegram had been repeated by the Department on the 7th to Mr. Dulles in San Francisco.↩
- Ante, p. 1311.↩
- In telegram 385 from Taipei, September 18, Mr.
Rankin replied in part: “While desirous ‘discussing’ bilateral
treaty with Ohta soonest Chi Govt does not wish ‘negotiate’
except with US and on basis bilateral text to fol closely that
of multilateral. Other conditions wld be Japanese to accept
formula for scope application agreed to between US and Chi Govt
provided formula not to be integral part of treaty and latter to
take effect same time as multilateral. All this assuming early
bilateral treaty desired by Chinese can be put thru (last para
mytel 222 Aug 15).” (693.94/9–1851)
Mr. Ohta was then slated to be the head of the Japanese Overseas Agency (established November 17) in the Republic of China. For the mentioned portion of telegram 222, see footnote 3, p. 1279.
Regarding telegram 385, the Department stated in part: “The choice must be made by Chi [between the alternatives outlined in telegram 240 above]. Whichever choice Chi make, US willing assist under conditions and in ways outlined previous tels but Dept at loss understand basis for Chi Natls attitude merely to ‘discuss’ bilat with Japs but to ‘negot only’ with US.” (Telegram 257 to Taipei, September 25, drafted by Mr. Merchant and Mr. Stuart and cleared by, among others, Mr. Allison; 693.94/9–2551)
↩