862.014/4–1845: Telegram
The Acting Secretary of State to the Chargé in the Soviet Union (Kennan)
1000. Please seek an early interview with Vyshinsky and deliver a written memorandum reading somewhat as follows:
The Government of the United States America has received and taken due note of the communication setting forth the status of the Free City of Danzig and certain pre-1937 German territory now under Soviet occupation which was addressed in April 1945 by Vyshinsky to Mr. Harriman and which read: (Quote text in your 1252, April 18, midnight.9)
The statement of the Soviet Government to the effect that the establishment and the competence of the indigenous Polish civil administrations set up in Soviet-occupied German territory have no relation to the question of boundaries of Poland is welcomed by the American Government. In such circumstances, it is the understanding of the Government of the United States that the occupied German areas so administered remain effectively under Soviet occupation with the local administration entrusted as a matter of convenience to indigenous Polish officials who are in no way agents of or responsible to the Provisional Polish Government now functioning in Warsaw but who act as administrative officials for the Soviet Union as occupying power. Thus the presumption of the American Government in regard to German territory so administered is that it remains enemy territory under Soviet occupation and subject to the agreements and understandings of the Allied powers with respect to occupied German territory.
After presenting this memorandum you should state orally that your Government, is naturally desirous that the status of enemy territory [Page 277] under Allied occupation should not be changed unilaterally by an occupying power without prior consultation and agreement between the several United Nations directly concerned. In concluding your visit, you should add that you would be happy to transmit to your Government any further comments in the premises that the Soviet Government may desire to communicate through you.
Please report telegraphically action taken and, for the Department’s records, transmit by air mail pouch copies of all the communications between the Embassy and the Foreign Office on this subject. The comments in the Embassy’s telegrams nos. 1091 and 12519a have been very helpful and were much appreciated here.