Foreign Relations of the United States, 1952–1954, East Asia and the Pacific, Volume XII, Part 2

711.56396/12–2453

No. 348
Memorandum by the Secretary of State to the President

confidential

Washington, December 23, 1953.

Subject:

• Modification of Presidential policy of July 14, 1948 regarding release of bases to the Philippines.¹

I refer to the Department’s memorandum, dated July 15, 1953, entitled “Special Mission to the Philippines (1) to negotiate for land required for military base expansion and (2) to reach an overall settlement on property and related questions arising under the Military Bases Agreement”. (Enclosure 1.)²

In a memorandum to former Secretary Marshall of July 14, 1948 former President Truman directed a policy concerning these matters.

The Attorney General’s opinion, mentioned in the second paragraph of my memorandum under reference, was received on August 28, 1953.³ The Attorney General holds that (1) except for properties already conveyed to the Philippines, the United States now has whatever title it had prior to July 4, 1946 in the land comprising pre-Philippine independence military and naval reservations; (2) the President has complete discretion to transfer, with or without compensation, title to such reservations to the Philippines; (3) there is no obligation on the part of the United States to transfer at this time title to any property; and (4) there has been no adjustment and settlement of United States property rights within the meaning of the Tydings–McDuffie Act.⁴

The situation in the Far East has changed drastically since 1948. China has fallen into the Communist orbit; the hostilities in Korea have pointed up the urgency of improving our defense in the Pacific; the United States and the Philippines have entered into a Mutual Defense Treaty; and the Philippines has not proved to be as cooperative as anticipated with respect to our military and strategic needs.

As its contribution toward its own defense under the Mutual Defense Treaty, and in consideration of the value of such of the U.S.-held surplus lands as it may be decided should be transferred to the Philippine Government, the Philippine Government should, I believe, grant to us all other lands we need for our military and diplomatic purposes.

I therefore recommend that the policy enunciated in 1948 be modified so that the United States shall be free in the forthcoming negotiations to consider and utilize those assets to which we retain title without limitation or restriction in order to accomplish successfully the main objectives of the mission, namely: (1) the acquisition of land required for base expansion and diplomatic purposes, and (2) the over-all settlement of property and related questions arising out of the Military Bases Agreement.

The Department of Defense, Navy, Air Force and Justice and the Bureau of the Budget concur.⁵

John Foster Dulles

1. For text of President Truman’s memorandum of July 14, 1948, to Secretary of State George C. Marshall, see Foreign Relations, 1948, vol. vi, p. 627. The concluding paragraph reads:

   “I am in complete agreement with you that the bases we do not need should be returned to the Philippines without compensation and if title is not clear we should make it clear by the proper transfer. I am sure that in case of necessity we would have no trouble getting whatever Military and Naval Bases where necessary anywhere in the Philippines. I am in agreement with you that we should not negotiate on a trading basis.”

2. Not printed. On July 15, President Eisenhower sent a letter to President Quirino requesting discussion of the enumerated topics by representatives of the two countries. President Quirino responded in a letter of Sept. 16 expressing his willingness to cooperate and suggesting that the talks be expanded to include several matters pending since World War II. On Nov. 4, Eisenhower replied stating his, unwillingness to expand the talks beyond property rights and the Military Bases Agreement. (FE files, lot 55 D 388, box 388, “Philippine Military Bases”; 711.56396/1–1554) For text of the Military Bases Agreement of 1947, see TIAS No. 1775; printed in 61 Stat. (pt. 4) 4019.
3. The opinion by Attorney General Herbert S. Brownell is not printed. (711.56396/8–2853)
4. Approved Mar. 24, 1934; 48 Stat. 456. It was the legislation which provided for the independence of the Philippines.

5. A note on the source text, initialed by President Eisenhower and dated Dec. 24, indicates his approval of the memorandum.

   Also on Dec. 24, Secretary Dulles sent a message to Ambassador Spruance stating that the President had emphasized to him his strong desire to deal liberally on the bases question and to give incoming President Magsaysay an encouraging start. (Telegram 1653; 611.96/12–2453)