215. Message From the Deputy Secretary of Defense (Anderson) to the Chairman of the Joint Chiefs of Staff (Radford)1
[Message No. 4.] Following for information Admiral Radford from Governor Brucker and Mr. Phleger
“In reference to questions submitted before your departure we have considered the legal status of a Zone of Defense in the Formosa Straits area and found no precedents for such a zone. However we consider that there is nothing in the U.N. Charter or in international law which prohibits such a zone. Interference with vessels of third parties will no doubt be challenged and while our legal right to do so is doubtful we feel that it can be justified as a matter of self-defense. A blockade is permissible only in time of war, or when authorized by the United Nations and therefore the use of that term should be avoided, as the measure under discussion is defensive and not intended as an act of war. The following is submitted as a basis of discussion but would of course have no application except after voluntary evacuation of the offshore islands or their capture while serving as cover or outpost positions under some plan of Chiang’s:
“The continued aggressive and accelerated military build-up by the Chinese Communists on the mainland opposite Formosa, accompanied by their repeated and menacing threats to use armed force to attack Formosa have compelled the United States to join the Chinese Nationalist Government in establishing and maintaining measures of self defense in order to ward off attack and to lessen the possibility of all out war.
“In the interest of mutual self defense a Zone of Defense in the Formosa Straits between Formosa and points A and B on the China Coast is being instituted immediately. In this Zone all transportation by sea of war useful materials destined to the Chinese mainland between points A and B and all other maritime activity in aid of the Communist build up in the area opposite Formosa will be interdicted and prevented.
“This Zone of Defense will be maintained until the Chinese Communists give evidence in good faith that they will not attack Formosa. The institution of the Zone of Defense is a purely defensive [Page 506] measure taken to meet the announced threat of armed aggression against Formosa.”
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Source: Department of State, Central Files, 711.5800/4–2155. Top Secret; Priority. Transmitted in telegram 222359Z from CNO to Chief MAAG Formosa. The source text indicates Brucker as the drafter, but Hoover’s April 23 memorandum to Dulles, cited in footnote 1, supra, states:
“In view of the President’s active interest in the Formosa situation during the past few days, I took the message to the White House for his clearance. The President made some changes after a good deal of discussion, and they were indicated on the draft in his own handwriting. It was transmitted in the form which he approved.”
The draft with the President’s handwritten revisions has not been found. The discussion to which Hoover referred apparently took place at the meeting recorded in Document 213.
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