EXCHANGE OF NOTES

DEPARTMENT OF STATE, Washington, December 10, 1954.

His Excellency GEORGE K. C. YEH,

Minister of Foreign Affairs of the Republic of China.

EXCELLENCY: I have the honor to refer to recent conversations between representatives of our two Governments and to confirm the understandings reached as a result of those conversations, as follows: The Republic of China effectively,controls both the territory described in Article VI of the Treaty of Mutual Defense between the Republic of China and the United States of America signed on December 2, 1954, at Washington and other territory. It possesses with respect to all territory now and hereafter under its control the inherent right of self-defense. In view of the obligations of the two Parties under the said Treaty, and of the fact that the use of force from either of these areas by either of the Parties affects the other, it is agreed that such use of force will be a matter of joint agreement, subject to action of an emergency character which is clearly an exercise of the inherent right of self-defense. Military elements which are a product of joint effort and contribution by the two Parties will not be removed from the territories described in Article VI to a degree which would substantially diminish the defensibility of such territories without mutual agreement.

Accept, Excellency, the assurances of my highest consideration. /s/ JOHN FOSTER DULLES, Secretary of State of the United States of America.

His Excellency JOHN FOSTER DULLES,

DECEMBER 10, 1954.

Secretary of State of the United States of America.

EXCELLENCY: I have the honor to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

"I have the honor to refer to recent conversations between representatives of our two Governments and to confirm the understandings reached as a result of those conversations, as follows: "The Republic of China effectively controls both the territory described in Article VI of the Treaty of Mutual Defense between the Republic of China and the United States of America signed on December 2, 1954, at Washington and other territory. It possesses with respect to all territory now and hereafter under its control the inherent right of self-defense. In view of the obligations of the two Parties under the said Treaty and of the fact that the use of force from either of these areas by either of the Parties affects the other, it is agreed that such use of force will be a matter of joint agreement, subject to action of an emergency character which is clearly an exercise of the inherent right of self-defense. Military elements which are a product of joint effort. and contribution by the two Parties will not be removed from the territories described in Article VI to a degree which would sub

stantially diminish the defensibility of such territories without mutual agreement."

I have the honor to confirm, on behalf of my Government, the understanding set forth in Your Excellency's Note under reply.

I avail myself of this opportunity to convey to Your Excellency the assurances of my highest consideration.

GEORGE K. C. YEH,

Minister for Foreign Affairs of the Republic of China.

I. Preliminary Statement

:

1. Plaintiffs seek to have this Court declare unconstitutional and illegal, and enjoin, set aside, annul, suspend, or otherwise declare invalid and of no effect, the purported notice by defendant President Carter to the Republic of China to terminate the 1954 Mutual Defense Treaty Between the United States of America and the Republic of China. Plaintiffs further seek to have this Court declare that the termination of the 1954 Treaty cannot be legally accomplished, nor can notice be given of the intended termination of such treaty, without the advice and consent of the United States Senate, or the approval of both Houses of Congress.

II. Jurisdiction

2.

Jurisdiction is conferred on this Court by Title

28 of the United States Code, sections 1331, 1332, 1346, 1361, 2201, and 2202.

III. Parties

3. PLAINTIFF Senator Barry Goldwater, is a United States Senator from the State of Arizona, and has his official address in the District of Columbia. Senator Goldwater sues herein in support of his constitutional right to vote and otherwise to give his advice and consent with respect to the termination of the 1954 Treaty with the Republic of China, and in support of his sworn duty to preserve, protect, and defend the Constitutional allocation of powers to the Executive and Legislative branches of the federal government.

Senator

Goldwater was a member of the Senate in 1955 at the time the

Mutual Defense Treaty was submitted to the Senate for its advice and consent.