Foreign Relations of the United States, Diplomatic Papers, 1944, General, Volume I

740.00119 E.W./11–444

Draft Memorandum⁴²

undated

With reference to the War Department memo of November 1, 1944, on British draft directives for Germany, the following views of the State Department are submitted in reply:

1. It is the considered opinion of the Department of State that in all political questions it is highly advisable to have as many German policies as possible agreed upon in advance with the Soviet Government. The Soviet Government has recently indicated that it is willing to go ahead on a number of these German questions through discussions in the EAC. In our judgment, we should proceed as rapidly as possible in the EAC to formulate policies for the treatment of Germany which will be applied uniformly by the three Powers after Germany’s surrender or defeat.

2. It is recognized that there are a number of problems on which policy cannot be finally formulated until the views of the United Nations are considered or until conditions inside Germany are better known. Under its terms of reference, the EAC can consult with and arrange for the participation of other United Nations. Furthermore, we should not refrain from seeking as wide a field of agreement as possible with the British and Russian Governments on such problems as the disarmament of Germany, the dissolution of the Nazi party, war criminals, the nature of the control machinery and other questions on which there seems to be general agreement in principle and which will have to be worked out irrespective of the internal conditions of Germany. To refuse to discuss such questions would remove any reason for the continuation of the EAC.

3. The Department of State is surprised to observe that the War Department memorandum of November 1, as was the case with Mr. Morgenthau’s memorandum to Lord Cherwell, expresses what purport to be the U.S. views on the treatment of Germany without any reference to the Department of State.

4. With respect to consideration of the detailed British directives in the EAC, it should be indicated that when the so-called “short surrender instrument” was recommended by the EAC, both the American and Soviet Representatives agreed that the numerous questions discussed in the original British proposal on surrender terms should subsequently be considered by the EAC. The War Department memorandum seems to ignore this commitment. Furthermore, a number of American directives of the same detailed character have now been approved by the State, War and Navy Departments and by the Joint Chiefs of Staff, and have been presumably presented to the EAC for discussion therein. Consequently, we are well embarked upon this line of action in the EAC with the full approval of the War Department.

5. Several months ago, the Working Security Committee, at the suggestion of the War Department, drafted a general policy statement on the treatment of Germany for presentation to the EAC with the intent that detailed directives should flow from such a statement and would be drafted on an operational level. This statement was subsequently withdrawn at the request of the War Department. It could be revived and there is probably no objection thereto, but there is probably sufficient time now to continue the work on directives and to obtain agreement on a number of them.

6. The United States Government has, like the British Government, approved the plan of utilizing German administrative machinery and German personnel in the administration of Germany in a paper on control machinery recently approved by all competent agencies. The extent to which this machinery and personnel should be used is a matter for discussion in the EAC.

7. The reference in paragraph 6 of the War Department memo to the “full freedom of action of the zone commanders” does not correspond to the plan of Supreme Allied Authority and Control Council for nationwide functions and activities as set forth in the American paper entitled “Allied Control Machinery in Germany” which is now presumably before the EAC.

8. It is specifically stated at the outset of JCS 1067 that the directive is for use “before you have received a directive containing policies agreed upon by the three Governments.” This directive has never been agreed to by the British and Soviet Governments. The Department of State has always considered it as an interim directive for use pending decisions reached in the EAC and has never considered it as supplanting policies to be negotiated in the EAC. The Department of State does not concur in the statement in paragraph 7 of the War Department memorandum that it will provide “the zone commanders with all the guidance necessary at this time.” The State Department, furthermore, has no information indicating that either the British or Soviet Governments would share this view of the War Department.

42. File copy not signed or dated. Marginal handwritten note reads as follows: “Used by Riddleberger [Chief of the Division of Central European Affairs] at meeting in McCloy’s office at War Dept, Nov. 6. J[ames] W. R[iddleberger]”. Regarding the meeting of November 6, see undated memorandum, p. 407.