740.00119 Council/2–2147: Telegram

The Secretary of State to the United States Deputy for Germany at the Council of Foreign Ministers (Murphy)

secret
urgent

869. Secdel 1304 for Murphy and Matthews.61 We have been reviewing various proposals on procedure as set forth in Delsecs 1171 Feb 1;62 1201 Feb 7;63 1225 Feb 12,64 and 1226 Feb. 12,65 together with your reports [of the] discussions thereon. We have now come to conclusion that deputies should limit themselves to recommendations on machinery for consultation with other States and leave to CFM determination exactly how many and which States should be represented on committees. We believe that we can in general support Brit proposal as it offers sufficient flexibility for this purpose. In line with this policy, you should therefore support in Deputies Brit proposal but suggest that paragraph four Section three be amended to read as follows: [Page 37]

“The CFM or the deputies will, as found necessary, appoint committees to consider particular questions forming part of the subject matter of the peace treaty. Such committees will be composed of representatives of the four powers and a convenient number of representatives drawn from the Allied States, including those with a direct interest in the particular matter under study.”

This Section, thus amended, would make possible a participation by other States in line with our idea but would not involve deputies in a long argument over which States or how many States would participate. You should adhere to this position even if agreement can not be reached in Deputies.

For your background info and guidance, Dept’s present thinking on problem of procedure and peace conference is as follows:

The treaty should take the form of a treaty among the Allies not with Germany but for Germany, and the settlement should provide that all German governmental authority shall be exercised subject to the provisions of the peace settlement. This will probably involve the mandatory acceptance of a clause to this effect in the German constitution.

We prefer the decision on the convocation and composition of a peace conference be left to the CFM. However, Dept believes that all countries at war with Germany should be invited to conference and should have an opportunity to present their views to conference although we will probably have to agree that only those who actively participated in war should have a vote. This seems to Dept to be the most realistic approach.

We are in a somewhat difficult position with respect to Latin-American and Near Eastern countries.66 For example, Mexico has requested our support for participation in the German and Austrian treaties. Acheson orally informed MexAmb67 that we would support this request in connection with German treaty but could not guarantee agreement to Mexico’s participation by other great powers. The provision re separate peace in UN Declaration is claimed to have entitled all States at war with Germany to participate in peace settlements, and refusal to lend support to requests as that of Mexico will expose [Page 38] us to charge of violating a commitment. This is generally true re Latin-American States as this Govt discouraged them from sending military contingents (although making exception for Brazil) and allowed them to believe there would be no discrimination against them in the peace settlements. Their participation in the war was largely in political and economic fields, where they made substantial and important contributions. Dept therefore wishes to have clearly on record US position that all States at war with Germany are entitled to participate in German settlement although the form and extent of their participation need not be defined until the principle is accepted by the other great powers.

Marshall
  1. H. Freeman Matthews, Director of the Office of European Affairs, was in London for discussions with British officials about topics to be brought up at the forthcoming session of the Council of Foreign Ministers in Moscow.
  2. Not printed; it transmitted an unofficial translation of the French proposal on procedure, CFM(D) (47) (G)38, January 30, 1947, p. 17.
  3. Not printed; it transmitted the text of the United States proposal on procedure, CFM(D) (47) (G)53, February 10, 1947, p. 24.
  4. Not printed; it transmitted the text of the United Kingdom proposal on procedure, CFM(D) (47) (G)55, February 12, 1947, p. 28.
  5. Not printed; it transmitted the text of the second Soviet proposal on procedure, CFM(D) (47) (G)56, February 12, 1947, p. 30.
  6. The Syrian, Lebanese, and Iranian Governments had asked the Council of Foreign Ministers to be invited to participate in the German Peace Conference. These requests were circulated to the Deputies for Germany as documents CFM(D) (47) (G) February 10, CFM(D) (47) (G)54, February 12, and CFM(D) (47) (G)59, February 13, 1947, respectively, none printed (CFM Files: Lot M–88: Box 101). At their 19th Meeting, February 12, 1947, the Deputies for Germany agreed to refer the communications from Syria and Lebanon to the Council of Foreign Ministers for consideration. At their 23rd Meeting, February 17, the Deputies took the same action with respect to the Iranian communication.
  7. Espinosa de los Monteros, the Mexican Ambassador in Washington; in this connection, see also the note of March 6, 1947, from the Acting Secretary of State to the Mexican Ambassador, p. 195.