Editor’s Note

Editor’s Note: Following the posting on the “Opinion” column of this News Website on November 26, 2007 of an article written by Stephen S. F. Chen, titled “Taiwan Belongs to the Republic of China,” readers have asked for the sources of materials cited in the piece. For the convenience of our readers, we have decided to post the following documents in their entirty:
1) President Harry S. Truman’s Statement on U.S. Policy Respecting the Status of Formosa (Taiwan), January 5, 1950
2) Secretary of State Dean Acheson’s Remarks Elaborating the Policy Respecting the Status of Formosa (Taiwan), January 5, 1950
3) Treaty of Peace between the Republic of China and Japan
4) Mutual Defense Treaty between the Republic of China and the United States of America


President Harry S. Truman’s Statement on U.S. Policy Respecting the Status of Formosa (Taiwan), January 5, 1950

THE PRESIDENT. [1.] I have a statement I want to read to you. It will be handed to you in mimeographed form after the press conference.

[Reading] "The United States Government has always stood for good faith in international relations. Traditional United States policy toward China, as exemplified in the open-door policy, called for international respect for the territorial integrity of China. This principle was recently reaffirmed in the United Nations General Assembly Resolution of December 8, 1949, which, in part, calls on all states, and I quote:

"'To refrain from (a) seeking to acquire spheres of influence or to create foreign controlled regimes within the territory of China; (b) seeking to obtain special rights or privileges within the territory of China.'"

That is the end of the quotation from the United Nations Resolution.

[Continuing reading] "A specific application of the foregoing principles is seen in the present situation with respect to Formosa. In the Joint Declaration at Cairo on December 1, 1943, the President of the United States, the British Prime Minister, and the President of China stated that it was their purpose that territories Japan had stolen from China, such as Formosa, should be restored to the Republic of China. The United States was a signatory to the Potsdam Declaration of July 26, 1945, which declared that the terms of the Cairo Declaration should be carried out. The provisions of this declaration were accepted by Japan at the time of its surrender. In keeping with these declarations, Formosa was surrendered to Generalissimo Chiang Kai-shek, and for the past 4 years the United States and other Allied Powers have accepted the exercise of Chinese authority over the island.

"The United States has no predatory designs on Formosa, or on any other Chinese territory. The United States has no desire to obtain special rights or privileges, or to establish military bases on Formosa at this time. Nor does it have any intention of utilizing its Armed Forces to interfere in the present situation. The United States Government will not pursue a course which will lead to involvement in the civil conflict in China.

"Similarly, the United States Government will not provide military aid or advice to Chinese forces on Formosa. In the view of the United States Government, the resources on Formosa are adequate to enable them to obtain the items which they might consider necessary for the defense of the island. The United States Government proposes to continue under existing legislative authority the present ECA program of economic assistance."

Source: http://www.trumanlibrary.org/publicpapers/index.php?pid=574&st=&st1=
See also: American Foreign Policy, 1950-1955, Basic Documents, II (Washington, D.C.: U.S. Government Printing Office, 1957), 2448-49.

Secretary of State Acheson’s Remarks Elaborating the Policy Respecting the Status of Formosa (Taiwan), January 5, 1950

I am having this conference this afternoon at the request and at the direction of the President for the purpose of going into the background of the statement which he made this morning on the subject of Formosa.

It is important that our position in regard to China should never be subject to the slightest doubt or the slightest question.

Now, what has that position been? In the middle of the war, the President of the United States, the Prime Minister of Great Britain, and the President of China agreed at Cairo that among the areas stolen from China by Japan was Formosa and Formosa should go back to China.

As the President pointed out this morning, that statement was incorporated in the declaration at Potsdam and that declaration at Potsdam was conveyed to the Japanese as one of the terms of their surrender and was accepted by them, and the surrender was made on that basis.

Shortly after that, the Island of Formosa was turned over to the Chinese in accordance with the declarations made and with the conditions of the surrender.

The Chinese have administered Formosa for 4 years. Neither the United States nor any other ally ever questioned that authority and that occupation. When Formosa was made a province of China nobody raised nay lawyers’ doubts about that. That was regarded as in accordance with the commitments.

Now, in the opinion of some, the situation is changed. They believe that the forces now in control of the mainland of China, the forces which undoubtedly will soon be recognized by some other countries, are not friendly to us, and therefore they want to say, “Well, we have to wait for a treaty.” We did not wait for a treaty on Korea. We did not wait for a treaty on the Kuriles. We did not wait for a treaty on the islands over which we have trusteeship.

Whatever may be the legal situation, the United States of America, Mr. Truman said this morning, is not going to quibble on any lawyers’ words about the integrity of its position. That is where we stand.

Therefore, the President says, we are not going to use our forces in connection with the present situation in Formosa. We are not going to attempt to seize the Island. We are not going to get involved militarily in any way on the Island of Formosa. So far as I know, no responsible person in the Government, no military man has ever believed that we should involve our forces in the island.

Source: American Foreign Policy, 1950-1955, Basic Documents, II (Washington, D.C.: U.S. Government Printing Office, 1957), 2449, 2451.

Treaty of Peace between the Republic of China and Japan

Signed at Taipei, 28 April 1952
Entered into force, 5 August 1952, by the exchange of the instruments of ratification at Taipei

TREATY OF PEACE

The Republic of China and Japan,

Considering their mutual desire for good neighbourliness in view of their historical and cultural ties and geographical proximity; Realising the importance of their close cooperation to the promotion of their common welfare and to the maintenance of international peace and security; Recognising the need for a settlement of problems that have arisen as a result of the existence of a state of war between them; Have resolved to conclude a Treaty of Peace and have accordingly appointed as their Plenipotentiaries,

His Excellency the President of the Republic of China: Mr. YEH KUNG-CHAO;
The Government of Japan: Mr. ISAO KAWADA

Who, having communicated to each other their full powers found to be in good and due form, have agreed upon the following Articles:—

Article 1

The state of war between the Republic of China and Japan is terminated as from the date on which the present Treaty enters into force.

Article 2

It is recognised that under Article 2 of the Treaty of Peace which Japan signed at the city of San Francisco on 8 September 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title, and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratley Islands and the Paracel Islands.

Article 3

The disposition of property of Japan and its nationals in Taiwan (Formosa) and Penghu (the Pescadores), and their claims, including debts, against the authorities of the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores) and the residents thereof, and the disposition in Japan of property of such authorities and residents and their claims, including debts, against Japan and its nationals, shall be the subject of special arrangements between the Government of the Republic of China and the Government of Japan. The terms nationals and residents include juridical persons.

Article 4

It is recognised that all treaties, conventions, and agreements concluded before 9 December 1941 between Japan and China have become null and void as a consequence of the war.

Article 5

It is recognised that under the provisions of Article 10 of the San Francisco Treaty, Japan has renounced all special rights and its interests in China, including all benefits and privileges resulting from the provisions of the final Protocol signed at Peking on 7 September 1901, and all annexes, notes, and documents supplementary thereto, and has agreed to the abrogation in respect to Japan of the said protocol, annexes, notes, and documents.

Article 6

(a) The Republic of China and Japan will be guided by the principles of Article 2 of the Charter of the United Nations in their mutual relations.
(b) The Republic of China and Japan will cooperate in accordance with the principles of the Charter of the United Nations and, in particular, will promote their common welfare through friendly cooperation in the economic field.

Article 7

The Republic of China and Japan will endeavour to conclude, as soon as possible, a treaty or agreement to place their trading, maritime, and other commercial relations, on a stable and friendly basis.

Article 8

The Republic of China and Japan will endeavour to conclude, as soon as possible, an agreement relating to civil air transport.

Article 9

The Republic of China and Japan will endeavour to conclude, as soon as possible, an agreement providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas.

Article 10
For the purposes of the present Treaty, nationals of the Republic of China shall be deemed to include all the inhabitants and former inhabitants of Taiwan (Formosa) and Penghu (the Pescadores) and their descendents who are of the Chinese nationality in accordance with the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores); and juridical persons of the Republic of China shall be deemed to include all those registered under the laws and regulations which have been or may hereafter be enforced by the Republic of China in Taiwan (Formosa) and Penghu (the Pescadores).

Article 11

Unless otherwise provided for in the present Treaty and the documents supplementary thereto, any problem arising between the Republic of China and Japan as a result of the existence of a state of war shall be settled in accordance with the relevant provisions of the San Francisco Treaty.

Article 12

Any dispute that may arise out of the interpretation or application of the present Treaty shall be settled by negotiation or other pacific means.

Article 13

The present Treaty shall be ratified and the instruments of ratification shall be exchanged at Taipei as soon as possible. The present Treaty shall enter into force as from the date on which such instruments of ratification are exchanged.

Article 14

The present Treaty shall be in the Chinese, Japanese, and English languages. In case of any divergence of interpretation, the English text shall prevail.
In witness whereof the respective Plenipotentiaries have signed the present Treaty and have affixed thereto their seals.
Done in duplicate at Taipei, this Twenty Eighth day of the Fourth month of the Forty First year of the REPUBLIC OF CHINA, corresponding to the Twenty Eighth day of the Fourth month of the Twenty Seventh year of SHOWA of Japan and to the Twenty Eighth day of April in the year One Thousand Nine Hundred and Fifty Two.

YEH KUNG-CHAO, [L.S.]
Minister of Foreign Affairs and
Plenipotentiary of the Republic of China

ISAO KAWADA, [L.S.]
Minister of Foreign Affairs and
Plenipotentiary of Japan

Source: http://www.taiwandocuments.org/taipei01.htm

Mutual Defense Treaty between the United States of America and the Republic of China

The Parties to this Treaty,
Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all Governments, and desiring to strengthen the fabric of peace in the West Pacific Area,
Recalling with mutual pride the relationship which brought their two peoples together in a common bond of sympathy and mutual ideals to fight side by side against irnperialist aggression during the last war,
Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the West Pacific Area, and
Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the West Pacific Area,
Have agreed as follows:

Article 1

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international dispute in which they may be involved by peaceful means in such a manner that international peace, security and justice are not endangered and to refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations.

Article 2

In order more effectively to achieve the objective of this Treaty, the Parties separately and jointly by self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack and communist subversive activities directed from without against their territorial integrity and political stability.

Article 3

The Parties undertake to strengthen their free institutions and to cooperate with each other in the development of economic progress and social well-being and to further their individual and collective efforts toward these ends.

Article 4

The Parties, through their Foreign Ministers or their deputies, will consult together from time to time regarding the implementation of this Treaty.

Article 5

Each Party recognizes that an armed attack in the West Pacific Area directed against the territories of either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes.
Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Article 6

For the purposes of Articles 2 and 5, the terms "territorial" and "territories" shall mean in respect of the Republic of China, Taiwan and the Pescadores; and in respect of the United States of America, the island territories in the West Pacific under its jurisdiction. The provisions of Articles 2 and 5 will be applicable to such other territories as may be determined by mutual agreement.

Article 7

The Government of the Republic of China grants, and the Government of the United States of America accepts, the right to dispose such United States land, air, and sea forces in and about Taiwan and the Pescadores as may be required for their defense, as determined by mutual agreement.

Article 8

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

Article 9

This Treaty shall be ratified by the Republic of China and the United States of America in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Taipei.

Article 10

This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other party.
IN WITNESS WHEREOF, The undersigned Plenipotentiaries have signed this Treaty.
DONE in duplicate, in the Chinese and English languages, at Washington on this Second day of the Twelfth month of the Forty-third Year of the Republic of China, corresponding to the Second day of December of the Year One Thousand Nine Hundred and Fifty-four.

For the Republic of China:
GEORGE K.C. YEH

For the United States of America:
JOHN FOSTER DULLES

Source: http://www.taiwandocuments.org/mutual01.htm

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