702.6195/5–2446: Telegram

The Secretary of State to the Ambassador in the Soviet Union (Smith)

secret
u.s. urgent

965. Dept authorizes procedure recommended in final para urtel 1619, May 22. Suggest FonOff be advised your Govt will expect Soviet ConGen to cease functioning and its personnel withdraw from Seoul within a fortnight. Meanwhile it might be useful for you to pursue matter of our opening Consulate at Pyongyang. In this connection you may express opinion your Govt that continued existence or establishment of consulates in Korea is matter for decision by authorities of Govts whose military forces are in effective control of the areas in question.5 In support your position you may wish to refer to Hyde, International Law, Sec. 701, and Garner, International Law and the World War; Vol. II, pp. 59–61. This Govt shares Soviet Govt’s hope that a provisional Korean Govt can soon be formed in accordance with the Moscow Agreement but does not admit that in existing circumstances formation of such a Govt is prerequisite to establishment of consular offices in Korea. It is hoped that the Soviet Govt will give renewed and urgent consideration to this Govt’s request. Repeated to Seoul.

Byrnes
  1. In telegram 550, August 3, 1 p.m., to Nanking, the Acting Secretary indicated the Department’s intention to invite Chinese and British Governments to open consular offices at Seoul (740.00119 Control (Korea)/7–946).