740.00119 (Potsdam)/7–3045
No. 964
The Assistant Secretary of
State (Clayton) to
the Secretary of State1
[Babelsberg,] July 30,
1945.
Memorandum
I enclose a memorandum signed by Mr. Pauley and me with reference to the disposition of
works of art now held by General
Clay.
If you agree, I suggest that you indicate your approval on this
memorandum. However, before delivering the memorandum to General Clay, I suggest also you
may wish to inform the U. K. and U. S. S. R. Delegations of the
action contemplated.2
[Page 924]
[Enclosure]
The Representative on the Allied Commission
on Reparations (Pauley) and the Assistant Secretary of State
(Clayton) to the Deputy
Military Governor, United States Zone in Germany
(Clay)3
[Babelsberg,] July 30,
1945.
Memorandum for General Clay
With respect to the attached memorandum regarding art objects in
the United States zone, prepared in the U. S. Group Control
Council, the following represents our views:
- (1)
- We concur in the recommendations contained in
paragraphs 5a and 5b, regarding works of art in
Class “A” and Class “B”. It was because of your concern
for the preservation of these objects that an interim
procedure for their return was provided in Pauley’s wire to
Eisenhower
of June 27.4 Negotiations have now
progressed to the point where it seems clear that the
return of objects classified in your 5a will be deemed restitution.
- (2)
- With respect to works of art in Class “C” we are
agreeable to arrangements being effected so that such
works of art may be sent to the United States to be
inventoried, identified and cared for by museums. We
feel, however, that no definite statement should be made
at this time as to the future disposition of works of
art in Class “C”, and that if removed to the United
States it should be announced that they are being taken
there only for care and safekeeping and that their
eventual disposition will be subject to future Allied
decisions.
- Edwin W. Pauley
- William L. Clayton
[Subenclosure]
Excerpts From US Group Control Council Memorandum on Art
Objects5
. . . . . . . . . . . . . .
2. Classification:
For the purpose of handling these works of art, they may be
divided into three classes, to wit:
- Class “A”, consisting of works of art taken from the
countries overrun by Germany readily identifiable as
publicly owned, and works of art taken from private
owners in the overrun countries by seizure and without
compensation.
- Class “B”, consisting of works of art taken from
private collectors in the overrun countries for which
some compensation is alleged to have been made to the
owners.
- Class “C”, consisting of works of art placed in the US
zone by Germany for safekeeping which are bona fide
property of the German nation.
. . . . . . . . . . . . . .
5. Recommendations:
- a.
- That all works of art in Class “A” be returned to the
country of origin as rapidly as arrangements can be
effected, without conditions.
- b.
- It is recommended that works of art in Class “B” be
returned to the countries of origin and that receipts be
taken for the amount of compensation alleged to have been
paid by the Germans, with these values possibly to be
considered as reparations payments to the several countries
to which these works of art are returned.
- c.
- It is recommended that the works of art in Class “C” be
removed to the US as rapidly as arrangements can be effected
and distributed among the museums in the US properly
equipped to handle these works of art. It is suggested that
they be placed on exhibit in the US, but that an
announcement be made to the public, to include the German
people, that these works of art will be held in trusteeship
for return to the German nation when it has re-earned its
right to be considered as a nation.
