711.952/4–1549: Telegram
The Secretary of State to the American Mission in Korea
us urgent
niact
246. Reurtel 389 Apr 14. For urinfo Dept has in past taken position provisions of Treaty of 1882 (Proclaimed 1883) were rendered inapplicable by series agreements entered into by Korean Govt with Jap Govt during period 1904 to 1910 and that Treaty therefore no longer in effect. Assuming this to be case, revival of Treaty wld require Senate action. Admission that Treaty had continued in effect might raise question of our failure take action under Art I thereof against “unjust” and “oppressive” conduct of Japs during period annexation.
If you feel Pres Rhee wld at this juncture react unfavorably to foregoing view, you may consider it preferable to say that inasmuch as many details of Treaty obviously been rendered inapplicable by passage of time and changed circumstances this Govt believes it wld be appropriate consider negotiation new treaty of friendship and commerce. You may also in your discretion inform him that US adheres to principles enunciated in Art I (amity clause) of Treaty of 1882; in view fact Japs succeeded annexing Korea despite existence Treaty however, public ref by Rhee to that provision or to Treaty in general wld appear be undesirable. Altho Dept not anxious take such action at this time, you may if circumstances require advise Rhee this Govt prepared issue appropriate statement this subj here.1
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Mr. Muccio replied to this telegram in telegram 403, April 16, from Seoul, the pertinent portion of which read as follows:
“I have just pointed out to President Rhee that inasmuch as many details of the treaty of 1882 obviously inapplicable today, the US believes it would be appropriate consider negotiation of new treaty of friendship and commerce. I added that US adheres to principles enunciated in Article I thereof but urged him not to make any public reference thereto. He agreed any public reference here undesirable.…” (711.952/4–1649)
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