CFM Files: Lot M–88: Box 121: File—Occupation Statute, Cables: Telegram

The United States Military Governor for Germany ( Clay ) to the Under Secretary of the Army ( Draper )1


CC–6348. To Dept of the Army Personal for Undersecretary Draper from CINCEUR signed Clay. Reference your WX–904792 and WX–905593 and our CC–6123.4 Appreciate both content and promptness your suggestions regarding contents of occupation statute. I am setting forth several general observations regarding your comments, and will then set forth revised text which includes modifications to meet many of your proposals and other suggestions which are designed to facilitate French UK agreement. This test I propose to use as US position in further negotiations here.

Many of your proposals are questions of terminology and I am sure you will understand that we must be free here in our negotiations to make a substantial number of adjustments in text in order to comply with preferences of the French and British. Likewise we will of necessity be required to alter terminology in order to obtain the maximum German support for the statute. In this connection, may I remind you of the London instructions to obtain specific comments from the Ministers Presidents and from the Constituent Assembly regarding the occupation statute.

The organization of the statute is also a question which we must treat flexibly in order to meet the different views of the other allies. The French and the British have already agreed upon a substantially different organization and we may be required to make substantial changes in organization though not in content in order to speed agreement.

I also believe that as a master of general observation I should point out that we must adhere to the terms of London if we are to avoid opening the door to a tremendous number of French and British proposals which go beyond either the language or the intent of London. If there is to be agreement here it can only be if we adhere rigidly to [Page 615] London and if we limit the statute to the shortest possible length and set forth its provisions in general rather than detailed terms.

Text of revised draft follows:

[Here follows the revised text of the draft statute; see supra.]

[ Clay ]
  1. In message W–91431, October 25, from Washington, not printed, the Department of the Army replied in part as follows:

    “Revised draft of Occupation Statute appears to cover most important items discussed in previous exchanges. Necessity of flexibility in negotiations with British and French fully appreciated and understand that it is highly improbable any US text will prove acceptable to British and French without change. Recognize that Tripartite negotiations may well result in substantial changes of substance as well as of form. Will therefore reserve further comment regarding phraseology pending development of Tripartite draft.”

    (CFM Files, Lot M–88, Box 121, File—Occupation Statute, Cables)

  2. October 8, p. 606.
  3. October 9, p. 607.
  4. Not printed, but see footnote 1 to message WX–90479, October 8, p. 606.