Foreign Relations of the United States: Diplomatic Papers, 1943, Europe, Volume II

851.01/2082: Telegram

The Consul General at Algiers (Wiley) to the Secretary of State

Algiers, April 30, 1943—2 a.m.
[Received May 1—8:22 a.m.]

747. From Murphy. My 741, March [April] 29, 3 p.m. The annex of Giraud’s letter to de Gaulle may be summarized as follows:

Its stated object is:

I. Immediate settlement of the present situation; and

II. The preparation of a program of action for the return of France.

I. Settlement of the present situation of fact:

A. The Council.

1. Composition. The Council will be formed of secretaries of Departments, governors, resident generals et cetera, and qualified individuals without special administrative functions. Within this Council, a small executive committee will be created, composed of de Gaulle and Giraud, the secretaries general of the Departments essential for the war effort, and a few individuals without administrative posts. The Executive Committee will meet several times a [apparent omission] and have the responsibility for the general direction of affairs. The Committee should have collective responsibility and discuss all essential decisions, the choice of original members would be decided between Giraud and de Gaulle, and afterwards, any new or additional appointment would be made by the full Council.

2. Our respective positions. The two Generals shall preside in turn over the meetings of the Committee and of the Council. There is no question of a duumvirate. On the contrary their responsibilities are merged in the collective responsibility of the Committee and of the Council. They shall sign decrees together and participate on the same level as the other members in the deliberations and decisions of the two bodies.

3. The Council and the future provisional government. The distinction must be maintained between a Council having its origin in necessity, and a provisional government resulting from the laws of France. The Council will represent a national effort and will continue to depend for the liberation of France on American and British assistance. Liberated France represented by persons accredited by a provisional government, will have its historic place equal to that of England, the United States and Russia.

4. Relations between the Council and the Commander-in-Chief. Giraud recognizes that it is in accordance with the tradition of France to subordinate the Commander-in-Chief to the central power. However, the present exceptional circumstances justify and make necessary the participation in the Council of the Commander-in-Chief.

B. Abolition of Vichy legislation.

They must be complete. Giraud proclaimed it on the 14th March. It is only in order to insure public order and the continued functioning of the administration and life of the community that the rules and regulations made since June 22, 1940 are to be reviewed.

C. Totalitarian associations.

These should be suppressed or prohibited. The Legion des Combatants will be dissolved at once.

D. People who have taken part in the capitulation or have collaborated with the enemy.

The question of individuals to be examined and decided by the Executive Committee. By “collaboration” should be understood the action of those who by their attitude or, actions, have helped the enemy. One should not include in this term Frenchmen who have resisted the enemy while remaining at their posts, and whose task has often been more difficult than those who have left France and served her abroad.

E. Consultative bodies.

Full account has been taken of the remarks of the French National Committee’s memorandum on this point and it is proposed (a) to create a National Advisory Committee; (b) to change the functions of the Supreme Council of Legislation; (c) to create a committee for the coordination of resistance; (d) to establish an information committee.

(a) National Advisory Committee.

While it is important to keep in close touch with French public opinion and representative organizations in the empire, care should be taken not to give to any bodies which we set up the appearance of elected bodies. These can only be advisory. Giraud suggests the Advisory Committee be composed of 60 to 80 members, divided into sections, for example finance, agriculture, et cetera. The sections will meet periodically. They would also meet in plenary session.

(b) Supreme Council on Legislation.

One has already been set up in Algiers to ensure that legislation and executive action are in conformity with the laws of the 22d June 1940. It is composed of a permanent committee of 3 members and of persons appointed on account of their functions in North African territories. The permanent committee, whose president only has so far been chosen, could be transformed into a body having definite jurisdiction and decide appeals in cases of abuse of power in conformity with the procedure followed before the Consul [Conseil?] d’Etat.

(c) Committee for the coordination of resistance underlined.

Giraud agrees with the National Committee’s proposal for the constitution of such a committee, composed of representatives of resistance groups and of persons qualified to deal with the military and other questions involved in the organization and maintenance of resistance in France.

(d) Information Committee.

This would include representatives of French resistance.

II. Program of action against the return to [of?] France [to a?] state of siege.

There is a misunderstanding in paragraph 2 of the National Committee’s memorandum of April 15. The intention was that when the Allied Armies entered France, the French Commander in Chief should be responsible to the Allied High Command for the maintenance of order in the liberated territories, and that he should be empowered by the council to specify the military authority temporarily charged with the prefectural duties and police powers. It is understood that the departmental administration will not be nominated by the military authority. Giraud’s original formula assumed the application of the legislation concerning the state of siege (law of the 9th August 1949 [1849] article 8).

It follows:

(a) That as the French military authority will take responsibility for the maintenance of order to the Allied High Command, the Allied Armies will, in the eyes of the French people, be unmistakably armies of liberation and not occupying troops.

(b) That the departmental administration is not nominated by the military authority. In every case, the central power will appoint the perfect [prefects]. The Consul [Conseil?] Général and the Commission Départementale, being elected bodies, will be composed of the members functioning on the 22 June 1940, subject to those who may be subsequently eliminated according to the normal procedure.

III. Application of the Tréveneuc law.

The procedure of this law to be followed as indicated in my memorandum of April 1.

Sent to Department, repeated to London. [Murphy.]

Wiley