740.00119 E A C/4–1445

Memorandum by the Assistant Chief of Staff, Operations Division, War Department General Staff (Hull), to the Department of State

1.
Attached is transcript of an X-ray [sic] telephone conversation held today, 14 April, between General Marshall and Ambassador Winant in London, at Mr. Winant’s request. The transcript of this conversation is self-explanatory.
2.
The question raised by Mr. Winant in this conversation has been discussed with the Secretary of War and with General Marshall, and I am forwarding it to you on General Marshall’s instructions and in his temporary absence from the city. The Secretary of War and General Marshall both feel that this is a question for action by the State Department and that from the military viewpoint there is no objection to the action Mr. Winant desires to take. The Secretary of War and General Marshall feel that a situation may arise in which there will be no German Government or German High Command to deal with.
J. E. Hull
[Annex]

Memorandum of Trans-Atlantic Telephone Conversation Between the Chief of Staff of the United States Army (Marshall), in Washington, and the Ambassador in the United Kingdom (Winant), in London

Marshall: Yes, Mr. Ambassador, this is General Marshall.

Winant: This is Winant, General. I wanted to talk to you about a matter that has to do with the unconditional surrender terms.

[Page 224]

Marshall: Yes.

Winant: You remember that when you were here with the Chiefs of Staff we went over those terms. I am calling you today because I thought that you were the only one whom I could catch at the Pentagon Building. I sent over the Military Advisors to the European Advisory Commission to see General Eisenhower and General Smith41 this past week, and they have returned, and I think you know about the Bern incident.42

Marshall: Yes, the Bern; I know that.

Winant: Just at that time, Sir William Strang, who represents the British on the European Advisory Commission, introduced a paper which suggested that we should be prepared to issue a proclamation to take the place of the unconditional surrender terms, provided there was no German political authority or military authority in Germany to agree to surrender. Unfortunately in that paper Strang did not use, or the British did not use the phrase “unconditional surrender”. They also so changed the unconditional surrender terms as to include other matters on which we had not come to complete agreement. That added to a feeling of distrust on the part of the Russians, and they felt that we meant to change our general policy.

Marshall: That we meant to change our general policy. They, being the Russians?

Winant: Yes. That they thought that the British meant to change their general policy. For that reason I sent a message to the State Department explaining the situation, and I got a reply from them quoting a message to me from the President. It was a single sentence. It reads as follows: “I do not wish any document or proposal changing the unconditional surrender terms.”

Marshall: I have that.

Winant. In talking with Ambassador Gusev, the Russian Ambassador, I had previously explained that the United States had no intention of changing the unconditional surrender terms. All military advisors who have been talking with General Eisenhower and General Smith. …

Marshall: All military authorities who have been talking with General Eisenhower and General Smith------

Winant: and with General Smith tell me that they believe that we should get agreement within the European Advisory Commission [Page 225] with the British, the Russians and the French, that if conditions are such that there is no political or military authority in Germany to accept the responsibility of surrender, we should be in a position to issue a proclamation on which all are agreed, calling for, or rather, declaring an unconditional surrender. The urgency of this matter is from a negotiation point of view, and not from an immediate military operational point of view. If there are changes, to be made in the unconditional surrender terms, we want to keep them to a minimum. The details of changes in bringing the unconditional surrender terms document into alignment with a proclamation document I shall forward to the Department of State. I wanted to talk to you only on the changes in substance. One of those changes will be the following:

“And Germany having been rendered powerless to continue organized resistance.”

That is one of the additions that we would make to the preamble. And then there is another substitute [substantive?] change. It’s to be added the end of Article I, the following:

“Further resistance to the Forces of the United Nations or failure to comply with such requirements or orders will be considered as violations of the laws of war and will be dealt with accordingly.”

Now it is our idea that this document should be issued by the four governments after consultation with and after attaining the consent of the Soviet Supreme Command and SHAEF.

Marshall: Are you making a distinction there between the Soviet Government and the Soviet Supreme Command?

Winant: Yes, I am.

Marshall: All right.

Winant: The document should not be issued in our opinion until these two Supreme Commanders have agreed that the military situation permits. The document calls for “complete defeat”. If you issue the document, before organized resistance was destroyed, we believe it would have a bad effect on the morale of our troops and the whole … on morale at home, and it might also affect war production at home. All three of these. The reactions would be equally true in Great Britain. I want to tell you what my problem is. All I have to date is the President’s direction to me, stating: “I do not wish any document or proposal changing the unconditional surrender terms.” What I would like to do is to follow the recommendations, the suggestions from SHAEF that I negotiate a proclamation document in line with the unconditional surrender terms already agreed upon which were recommended by the European Advisory Commission and accepted by the three governments. The Russians, the British and ourselves. Now, we also are instructed to include the French [Page 226] Republic and we have got agreement so far as the amendment of unconditional surrender terms are concerned. Therefore, I would negotiate to work out a proclamation calling for the declaring unconditional surrender with the three governments, namely, the Russians, the British and the French. I would like permission to do that because I do not want to bring the matter forward until I have clearance from home.42a

Washington: General Marshall has gone and he wanted to know if there was anything further. He said he had gone along to take care of what you had already told him.

Winant: I want to ask one other thing. And I will address them to General Marshall if I may.

Washington: All right. Fine.

Winant: I would also like you to do what you could to expedite agreement on the French zone of occupation in Germany and the Austrian agreement which are before the European Advisory Commission, on zoning and control. We shall forward recommendations and these questions over the weekend. Did the General understand-------------

Washington: He understood perfectly, Mr. Ambassador. He said he got all of that information and we are giving him a copy of it and he said he was leaving and he was going to go to work on the problem right away.

Winant: I understand. I felt that he would be more familiar with it than anyone I could talk with and that more than anyone else he would realize the significance of it.

Washington: Certainly.

Winant: Therefore, I thought it was proper to talk with him.

Washington: Yessir, he waited here about five minutes but we hadn’t any prediction whether it would be five minutes or half an hour before the circuit would be back in.

Winant: Will you thank him for me.

Washington: I will thank him, yes, sir. And that is everything now you have?

Winant: That is right.

Washington: Because he said anything else that you had to just give us and we would take it right up to him.

Winant: All right. Thank you.

Washington: We have that. Thank you very much.

  1. Lt. Gen. Walter Bedell Smith, Chief of Staff, Supreme Headquarters, Allied Expeditionary Force.
  2. Reference is to the negotiations for the surrender of German military forces in northern Italy. For documentation on this subject, see pp. 717 ff.
  3. Circuit temporarily interrupted at approximately this point in the conversation.