Foreign Relations of the United States, 1946, The Far East: China, Volume IX

Marshall Mission Files, Lot 54–D270

Notes on Conference Held by General Marshall, General Chang Chih-chung and General Chou En-lai, at 28 Niu Kuo Tao, February 9, 1946, 10:10 a.m.

February 9, 1946, 10:10 a.m.

M–General Marshall

G–General Chang Chih Chung

C–General Chou En-lai

[B–General Byroade.]

M: Are you gentlemen ready to proceed? The meeting will come to order. I understand that we have gathered here this morning following several conferences with individual members with General Byroade to attempt to reach an agreement regarding the problem of management of restoration of communications. I have here a draft of documents that General Byroade has given me which were first prepared by him in Peking. They have been somewhat modified since the original preparation, both in Peking and since the conversations here. However, no agreement was reached in Peking. I understand now from General Byroade that there is a general agreement to the present terms of these documents,²⁷ but there may be differences regarding the exact phrasing. Now, if there is no objection I think we might proceed with a discussion between the representatives of the National Government and the Communist Party. Is that agreeable, General Chang and General Chou?

G: Yes.

C: Yes.

C: Prior to the discussion, I have one comment to make, namely these proposals only apply to the interim period. With this understanding I agree to proceed to the discussion, since this point has already been laid down in the documents here. With regard to the administration of the eight railways in North and Central China, I reserve the right to conduct further discussion either at the conferences of three or by directly approaching the Government representative.

G: General Chang says that after careful study of document C, of course there is a number of points the Government will not be ready to agree upon. Originally agreed on this [these] points, but in order to expedite the reopening of rail communications, the Government now is ready to consider the plan favorably, subject to a few minor changes. The Government will agree to the main principles set forth in that document. As to the proceedings shall we proceed on document C item by item?

M: Is that the General’s preference, that we should start with document C?

G: What was that?

M: I understood the General to ask me if we should start with document C. Now I ask him a question, is that his desire. Is that agreeable?

G: We are agreeable to that procedure.

C: General Chou asks whether documents A and B are going to be passed here.

M: What we are talking about is which one we shall take first. Which is agreeable to General Chou to start the discussion with document C with the understanding that all of them are to be discussed.

C: That is all right.

M: Is that agreeable.

G: Yes.

M: The discussion then will start with regard to document C. I wish to make a preliminary statement. Everybody else has made one so I think I am entitled to one. I have been worried by what has been happening at Executive Headquarters, because they were becoming involved there with matters that did not pertain to Executive Headquarters. I have found on both sides what appear to me some misunderstanding on what was agreed upon for the Executive Headquarters. That Headquarters, so far as I understand, or understood when I signed the agreement, pertains to a particular region and to specific things on a temporary basis. One was the cessation of hostilities. One was the resumption of communications of all kinds and one was the repatriation of the Japanese. My impression has been that it seemed in the discussions up there the representatives were becoming involved in matters pertaining upon the PCC, or what the PCC did here. Matters that really related to the coalition government. I think we should be very careful to keep that Executive Headquarters clear of the business which is not properly its business. We have agreement for certain purposes, to stop hostilities and of course that means to continue keeping the peace and to reopening communications and has a great deal to do with maintaining cessation of hostilities and has even more to do with repatriation of Japanese prisoners. So, as far as I am concerned personally as a signer of that agreement, I do not feel that I can be party to matters that do not pertain specifically to the functions of the Executive Headquarters. I would like also to say this. The problem, the task, of the Executive Headquarters is extraordinarily difficult. I doubt if there has ever been a military headquarters in the history of the world that has quite such a difficult job. I know of no precedent for such a headquarters under such conditions, so I think we will all have to work very hard to keep in the clear regarding its business and to support the people up there, so far as it is within our power. Now, of course, my position is simpler than General Choirs, for example. Of necessity he works in the morning here but he works in the afternoon on the coalition government, and I imagine to a certain extent General Chang is in the same predicament. I am not. I want to see the Executive Headquarters tend strictly to its business and the order of business here is the resumption of communications. I am very glad to know that there is a probable agreement here. Unless there are some more general comments we are ready to get down to details in document C. Is that agreeable.

C: Yes.

G: General Chang suggests you read item by item.

M: “In reaching mutual agreement to issue orders to all com-manders regarding restoration of lines of communications and to request immediate resumption of the task of reconstruction of communications by the Ministry of Communications, the following principles are adopted and hereby made a matter of record.” Are there any comments on that paragraph?

C: No comments.

G: No.

M: Paragraph A. For purposes of this agreement the term interim period is defined as that period of time proceeding [preceding] the formation of and subsequent order by an agreed form of the National Government.

G: Yes.

C: All right.

M: Paragraph B. The Ministry of Communications will initially be under the general supervision of the Executive Headquarters for matters of reconstruction and operation in North and Central China.

C: Agree.

G: General Chang likes to make it specific that the term Ministry of Communications will refer to an organization to be sent by the Ministry of Communications in Chungking, not referring to the Ministry of Communications.

M: What about “representatives of the Ministry of Communications.”

G: General Chang said it is, of course, representing the Ministry of Communications.

M: The representatives of the Ministry of Communications for matters of railway reconstruction in North and Central China (back up to first line) will initially—

G: Did you say matters of railway reconstruction and operation?

M: For matters of railway reconstruction and operation will initially—Is that agreeable to General Chang[?]

G: General Chang asks what the definition of “Central China” is? General Chang and General Chou have been talking about that term but there seems to be no difference on their views now.

M: But I’d like to know what it is, we’re trying to get this down in the record.

G: General Chang says that it should be all those railroads north of the Yangtze River. Not south, but north of the Yangtze River.

C: General Chou says there is no specific definition in Chinese for Central China.

M: Have they reached an agreement on that yet?

C: General Chou says that Central China in our particular case would refer to north of the Yangtze River.

M: I am asking this question. We use the expression here, “in North and Central China.” Why not change that to “north of the Yangtze River[”?]

C: All right.

G: He also includes the Lunghai Railroad, that is the railroad that—

M: My question is, why say “North and Central China?” Why not say, “North of the Yangtze River”?

G: General Chang would like to know if you mean to say anything from south of what, To define the term of Central China.

M: I think General Chang misunderstands the term “North China.” The term “North China” would not appear in the document.

G: The General wants to know how far north from the Yangtze River to what degree? Including Manchuria?

M: That is for them to decide.

G: General Chang says that there is no question as to the principle of the thing, just mention specifically all those railroads. The rail roads should be discussed by the Communist Party and the Nationalist Government, mentioning them specifically on the document. General Chang says it is all right to have North and Central China as it is on the paper.

M: With the understanding that that refers to north of the Yangtze River?

G: General Chang says that although these terms may be ambiguous, but then there will be an agreed terminology.

M: I asked a question, translate it.

C: General Chou agrees.

M: Then it is agreed that the wording in the first two sentences of paragraph b shall be as follows: “Representatives of the Ministry of Communications for matters of railway reconstruction and operation in North and Central China will initially be under the general supervision of the Executive Headquarters. Control by the Executive Headquarters over the representatives of the Ministry of Communications for the above-stated purposes shall cease at the termination of the above-defined interim period.” And in the minutes it is stated that the expression “Central China” will be understood to mean north of the Yangtze River.

G: General Chang says the term of Central China means north of the Yangtze River and south of the Yellow River.

C: General Chou agrees.

M: It is so agreed.

G: General Chang suggests that if it were possible to mention specifically all the names of the railroads.

B: My objection to General Chang’s recommendation on that would be that we refer to North and Central China in the other documents which apply to all communications, so we should define that term and not necessarily specify all the railroads. It would be necessary to define the term in Document A anyway, so we should stick to a definition of the area and not specifically the eight railways instead of that. We refer to all communications in North and Central China, so it is very important that we get a definition of that.

C: You mean all the communications?

M: General Byroade comments on General Chang’s proposal that it is important to have this general definition of the area as written in this paragraph because it refers back to Document A which relates to all forms of communications. Now what I do not quite understand is whether or not General Chang is proposing that we abandon this paragraph as now written and merely recite all the railroads, or does he mean that in some other place we list the railways either in this document or in the minutes?

G: General Chang says it would be all right in the minutes. General Chang says that up to date he hasn’t had this very clearly in mind, that he thought this applied to the railroads only.

M: This particular item does, but A is involved in all of them so we have to keep a certain balance between the two in our English.

G: General Chang says it would be all right just to have them mentioned in the minutes.

M: Then we can return to the listing of the railroads in the minutes, in a minute. In the meantime, what is the will of the representatives here regarding those first two sentences I read? Are they acceptable as I read them?

G: Yes.

M: General Chou?

C: Yes.

M: It is so ordered. I will now read the last sentence. “However, by unanimous agreement the Commissioners may relinquish this control at any other time or for any other reason.” Is that acceptable?

G: Yes.

M: Is that acceptable, General Chou?

C: Yes.

M: Then the entire paragraph is acceptable as read by me. “Paragraph c, Railroad Control Section. For proper and efficient action,”—let’s omit the “proper”. “For efficient action on matters relating to railroad reconstruction and operation in North and Central China, a Railway Control Section shall be established within the Operations Division of the Executive Headquarters.” I have omitted two words “proper and.” Is that sentence as read by me acceptable?

G: Yes.

M: General Chou?

C: Only the railroad control—how about the other kinds of communications?

B: Here in Document A we give commanders certain responsibilities for all communications. Then the only other specific step we are taking at the moment is to set up a railway control section. The next step will probably be highways, but it does not appear essential immediately to establish a separate section for highways and rivers and telegraphs and so on. Those matters will be handled by the Commissioners, our present organization, until the work contained in those grows to the point where we have to establish another separate section.

M: General Byroade feels that all the other matters can be handled in the general headquarters, but the railroad reconstruction is such a technical matter that it requires a special section. I should say that if General Chou would like it would probably be all right to modify this to include all other communication matters.

C: General Chou says he accepts General Byroade’s judgment.

B: I believe it is more convenient for our organization already set up with its Operations Section, its Chiefs of Staff, and its Commissioners, to handle the problems on roads, waterways, telephone, telegraph, etc. However, if it appears later that this section should be expanded, it can be done up there without referring here.

C: Yes.

M: That first sentence then is acceptable?

C & G: Yes.

M: It is so ordered. “In general the Railway Control Section will not interfere in technical matters of reconstruction and operation, but will devote itself to matters concerning policy with a view toward accelerating the task of reconstruction.” Any comments on that sentence?

C: General Chou asked General Byroade to give a more exact definition to the two clauses: first, in “interference in technical matters of reconstruction and operation.”, what does General Byroade understand under “technical matters”, and secondly what he understands under the term “policy”, so that later on there would be no misunderstanding of their interpretations.

B: I would like at the beginning to read the next sentence, because the three sentences go together. “A prime function will be to prevent undue advantage being obtained by either the National Government or the Communist Party during the interim period.” It is not the purpose of the Railway Control Section to staff itself with experts on technical matters of reconstruction and operation. By that I mean, it will not attempt to decide how much stone should go under the ties on the railway, or in operations of the railway it will not attempt to decide technical matters, such as, how many cars a locomotive can pull, or does it have the proper type of coal, or flues in the boiler. That is a matter for the operation and construction technicians, not the Headquarters.

B: This section first of all would attempt to determine priorities for reconstruction. It would investigate any local reasons for delay in reconstruction. If there is trouble due to lack of railway materials it would attempt to straighten that out. If there is lack of cooperation between local commanders of either side it would present that problem before the commissioners. In general, the Railway Control Section and the small teams or boards assigned to each railway therein are the “watch dogs” to see that the third sentence is carried out. If there is trouble in truce operation, unnecessary detention of people of all communications they would investigate and report to the commissioners. Does that give General Chou an understanding?

C: Yes.

(General Chang left meeting at this point for telephone call.)

C: General Chou asks General Byroade to clarify the railroad lines in North China whether there are only eight lines in North and Central China or more as he is more acquainted with the railway conditions. These [sic].

B: The term eight railways [was] agreed by the commissioners in Peiping.

C: What was the understanding on branch lines. Did they mean to include them.

B: The eight railways include all railway lines [in] North and Central China including their branches. (General Chang returned to meeting.)

M: Now what is General Chou’s reaction to the portion that I have read.

G: Agreed.

M: The Eailway Control Section will consist of representatives of the National Government, Communist Party, and the U. S. with organization and procedure similar to the other sections already established within the Operations Division. Is that acceptable?

G. General Chang has a comment on the paragraph before. He is sorry he had to go out. It seems to General Chang the words should be [to?] prevent any point of issuance and dispute.

C: General Chou says General Byroade’s idea is all right.

B: I would suggest that the wording is more in line with the spirit of what we are trying to do in North China, which is maintain a status quo until the major problems are settled in Chungking.

C: General Chou comments that the wording of General Byroade is more specific than General Chang’s.

B: The Railway Control Section is there to handle disputes as they arise.

G: General Chang says the primary function of this section is to handle and to settle the disputes arising from both parties.

M: Would this wording be acceptable? Primary function will be to avoid misunderstandings and disputes between the National Government and the Communist Party.

G: General Chang agrees.

C: General Chou asks whether General Byroade believe[s] that such wording would present any difficulty to the Executive Headquarters?

M: I think that wording would be workable.

G: General Chang agrees with your wording. The following sentence, General Chang agrees.

M: Now the sentence as I have reconstructed reads as follows: “The primary function would be to avoid misunderstanding and clis agreements between the Nationalist [Government] and the Communist party during the interim period.” Is that acceptable? That is agreed. Also agreed to the next sentence?

G: Yes.

C: General Chou agrees.

M: Next sentence accepted. I will read further: “It will include subsections composed of three members similar to the present field team organization for each of the eight railway lines and their branches in North and Central China.”

G: General Chang wants to know how many branches there are.

M: Every rail line has as many branches as we have veins. A branch line going into a coal mine.

G: General Chang says it should be understood that these branches are included, and there is no need of adding, and the branches, in there.

M: General Chou asked me that question.

C: General Chou said there is no need to take it in.

M: Is that all right to take it out? Is it acceptable as written.

G: Yes.

C: Yes.

M: These sub-sections are a part of the office force, but may conduct such inspection trips as are agreed upon by the Railway Control Section. Is that acceptable?

G: Yes.

C: Yes.

M: I might inject that these are the instructions to be given up there to the staff, but it has been pushed up to this committee of three. “In addition to the regular field teams, will handle such railway matters which are assigned to them.” Is that acceptable?

G & C: Yes.

M: So ordered. “Such matters that cannot be agreed upon by unanimous vote in the Railway Control Section will be referred through channels to the commissioners for decision.” Is that acceptable?

G & C: Yes.

M: So ordered. An organization chart of the Railway Control Section is attached. Is that acceptable?

G & C: Yes.

M: The whole paragraph as read is accepted.

G: Perhaps we should put some changes, “the representatives of the Ministry of Communications.”

B: Same change should be made here as previously made in the document.

M: “representatives of the Ministry of Communications.”

The organization chart is approved as amended. “D. Railway Protection. In the interim period, the commanders of both the National Government and the Communist Party will be responsible within their respective areas for the protection of the railway repair units consisting of technicians and laborers and for prevention of further disruption.” Is that agreeable?

G & C: Yes.

M: So ordered. “Any troop movements necessary for this purpose must be approved by the Executive Headquarters.” Is that acceptable?

G: General Chang asks [whether this?] includes protection of railways.

B: Yes.

M: The preceding sentence reads, “In the interim period, the commanders of both the National Government and the Communist Party will be responsible within their respective areas for the protection of railway repair units.” Now it says in the next sentence, “Any troop movements necessary for this purpose.” I read the purpose in the preceding sentence. Is that acceptable?

G & C: Yes.

M: That paragraph is accepted as a whole as written. “Paragraph E. Train guards, Administrative Control and Operating Personnel. The general control of the Executive Headquarters over representatives of the Ministry of Communications for the purpose stated herein makes further discussion of matters of unarmed train guards, administrative control and operating personnel unnecessary. General Chang? I inserted the words, “the representatives”. That is not a directive to us, that is a directive to the junior members of the staff.

G: General Chang agrees.

C: General Chou thinks that this sentence should be considered jointly with the next sentence.

M: Personnel of these classifications will all be under the direct control of the representatives of the Ministry of Communications. Is that agreeable? That is accepted as amended.

C: General Chou wants to make it clear that the train guards are just as explained by General Byroade yesterday, namely the train guards are like conductors in the United States.

G: General Chang says that this armed trained guard is just to see that everything is all right on the train just like a conductor back in the United States. The number of these armed guards should not be too large.

B: Failing agreement in the Executive Headquarters on the formation of railway police, it was decided to divide what we had been speaking of as railway police into two parts and part of the personnel to ride on the train. These people must be able to go straight through as far as the train goes. They are those personnel over and above the operating personnel that are necessary for control of the passengers and general order in the trains. The second part of the railway police is that part who protect the physical railway part and the construction thereof. This includes the stations along the railway. That portion of the railway police it was agreed should be given during the interim period to the commander whose troops are now in the area. Is that sufficient explanation?

G: General Byroade, will you explain the first category of the police.

B: The train guards, unarmed.

G: General Chang has a question as to whether these guards are following the train or riding.

M: They are riding on the train and going the entire length of the journey.

B: They are unarmed and a very small group, probably one or two per railway car.

G: General Chang asks the question whether these people are under the control of the Ministry of Communications.

B: That is correct.

G: General Chang asked the question of how about the guards along the railway stations. Who do they come under?

B: They are under the commander who has command of the area involved, control of the area.

G: General Chang wants to know if General Chou has any comments.

C: General Chou says the armed guards are those at the station and along the railways whose job is to protect the railways. On the train, on every car they shall need somebody to keep everything in order. Therefore on every train they must have some people on the train to perform these functions. However, they don’t need to have many people—just a few and they are unarmed.

B: And are civilians.

C: Is General Chou En-lai’s understanding correct.

B: Yes.

C: General Chou says he has no further comments. General Chou only wants to have the mission of the train guards clarified.

G: The train guards mentioned before. General Chang agrees with this section.

M: That paragraph as amended is agreed to—Paragraph E. I will read the next, Paragraph F: Priority of Construction. Priority for initiation of reconstruction and operation of the various railway lines will be based upon their bearing on the economic recovery of the country with full consideration given to railway requirements to facilitate the disarmament and repatriation of the Japanese. Is that acceptable?

C & G: Yes.

M: That paragraph is accepted as read. That then completes Document C, together with the chart. Now, if agreeable to you gentlemen, we will go to Document A. Is that agreeable?

G: Yes.

M: General Chou, is that agreeable?

C: Yes.

M: It is entitled: “Restoration of Communications. Document A. To: All National Government and Communist Party Military Commanders in North and Central China. First paragraph: All commanders will take immediate steps as a part of their cease fire obligations to assist in the reconstruction of lines of communications.” Is that acceptable?

C & G: Yes.

M: So ordered. “These lines of communications include all roads, railways, waterways, postal service facilities, telephone lines, telegraph lines or radio installations.” Is that acceptable?

C: In Chinese, the highway should be roads. That should be corrected in the Chinese translations.

G: General Chang says that highway is sufficient to mean all roads.

C: General Chou is discussing the Chinese text, but instead of saying “highway” in the Chinese text it should be “roads.”

G: Highway in Chinese text means all roads.

B: Is there any objections to making it “all roads and highways?”

M: We can do anything to please in English here.

C: General Chou says there is no need to change the English text. He is only discussing the Chinese translation, and they have agreed now on roads.

M: This second sentence then is accepted as written?

C & G: Yes.

M: First paragraph is accepted. All right, second paragraph: “Commanders will remove or destroy at once all mines, blockhouses, blockades, fortifications or other military works on and along lines of communications which interfere with the operation of such lines.” Is that acceptable?

C & G: Yes.

M: Accepted, second paragraph is accepted as read. Third paragraph: “All interference with civilian travel and passage of goods such as peremptory inspections, destruction of personal goods or commodities and interference with mail and telegraph under any unlawful or false reason whatsoever will be removed and barred.” Is that acceptable?

C & G: Yes.

M: Accepted as read. Fourth paragraph: “Commanders will be responsible for the protection of lines of communications repair units of technicians and laborers. Troop movements for this purpose will not be made without prior approval of the Executive Headquarters.” Is that acceptable?

C & G: Yes.

M: 4th paragraph is accepted as written. You have a Chinese translation of this, haven’t you?

G: Yes.

M: Is it necessary for me to read anything? Can’t I just take up the paragraph and see what the comments are without having to translate it?

C & G: Yes.

M: Is there any objection to the 5th paragraph, which starts, “Commanders will be responsible for local assistance,” etc.

G: General Chou has two questions on this paragraph. Firstly, referring to the rails and material removed they only mean those which are still available, and this, of course, should be made certain by investigation.

B: That is why “to the maximum extent practical” was added to the sentence. Executive Headquarters is a reasonable organization. If the rails have been made into plow shares, they can’t bring them back.

C: Referring to the materials, General Chou says during the war much has been removed by the people under large efforts, and when they return them, whether the Executive Headquarters would also give them some compensation as for the transportation, etc. He wonders if it has been discussed at Executive Headquarters?

B: It was discussed on a low level, but no agreement was reached, with the thought that the Railway Control Section is going to supervise to see that nothing unreasonable is done, and it did not appear that we should make a specific point of it in the document.

C: General Chou agrees with your explanation.

M: I understand that the Minister is already doing that in some way. Anything further, General Chou?

C: No.

M: That paragraph is accepted as written. Paragraph 6, which starts, “Commanders will be responsible for the above functions,” etc. Any comments?

G: General Chang says that this has 13 January, today is February 9th, is there anything about those dates?

B: Any movement, or any changes in area after 2400 hours January 13th is illegal. Any change in area of control subsequent to midnight January 13th is illegal and cannot be recognized by the Executive Headquarters.

C: The Chinese translation is not correct. General Chou says that is why it is not clear to General Chang. There is no question about the English text, however.

B: I would like to explain that these translations were finished at 2:30 in the morning just before we left, and we will get an agreed translation of the English document by the Commissioners.

C: General Chou says there is no question about the English text. General Chou has some more questions. One point which is not clear to General Chou is that certain areas are still garrisoned by the Japanese or the puppet troops, so which troops should take care of those areas, whether by the troops surrounding them or there is some other arrangement, and he wishes to know what decisions have been made by the Executive Headquarters on this point?

B: The problems of disarmament and repatriation will be started immediately after agreement on this. We cannot foresee at this time what the details of the agreements we reach on that will be, but until agreements are reached it would seem that the troops that are there is the only practical way to start this immediately.

M: Puppet troops?

B: Any troops. In other words, we do have Japanese along certain of the railways. The first day that can’t change, that must change just as quickly as possible and we will solve that in our discussions on disarmament and repatriation.

C: In Shantung there are such cases where the town itself is garrisoned by the Japanese or puppets, while being surrounded by the Communist troops, and sometimes it so happens that the railway line runs outside the town, and is at the present time under the occupation of the Communist forces. General Chou understands that these railways, since they were held prior to 13 January, including some railway stations, should be retained by the Communists. Is that understanding correct?

M: What you are saying is what they had on the 13th.

C: Yes, but Directive #2²⁸ said that they have to evacuate certain areas.

B: But #2 also says that positions will be restored as of 2400 hours, January 13th. So that situation will take care of itself.

C: So that means that you approve the Communist forces being retained along the railway lines and at stations which they held as of 2400, January 13th?

M: The answer is “yes.” Paragraph 6 is accepted as written. Paragraph 7: the paragraph which starts, “Reconstruction will be accomplished by” etc. General Byroade has several changes to propose.

B: “Reconstruction will be accomplished by the representatives of the Ministry of Communications.”

M: All right, here is the amendment: “Reconstruction will be accomplished by representatives of the Ministry of Communications under the general, etc.” Any comments on the paragraph as amended’?

C & G: No.

M: Agreed then that the paragraph as amended is accepted. Paragraph 8, “Additional instructions will be issued from time to time as appropriate.” Is that acceptable?

C & G: Yes.

M: Paragraph 8 is accepted. Are there any comments on paragraph 9?

C & G: No.

M: That is accepted. Paragraph 10—any comments?

C: To the last sentence of this paragraph, General Chou wishes to add, “no troops and armament,” After “No troops” to add “and armaments.”

M: He means no movement of troops or armaments? “No movements of troops and armament will be allowed over reopened transportation lines except as authorized by the Executive Headquarters.”

G: General Chang is raising the question of whether the transportation of Japanese armaments obtained from disarming the Japanese is included too?

C: General Chou says that this can be approved by the Executive Headquarters.

M: That is within the power of the Executive Headquarters.

G: General Chang says the transporting of troops here including armament and all other things, that is these are small details can be taken up by the Executive Headquarters and not, do not need to be discussed here.

M: As I understand it, this sentence prohibits the use of the railroads for any means of making war during this interim period, except by agreement at Executive Headquarters, so from that point of view, I can see no objection to the wording suggested, because it is implied anyway. These are instructions down to subordinates, so that avoids the question being raised in their minds and dispute arising, which we are trying to avoid.

G: General Chang perfectly agrees with the principle. He just thinks we are getting into too detailed things.

M: My own comment on that is this. This was not written for us. This was written for subordinate officers down the line, so it is a detailed document. I quite agree with General Chang that it is a small item for us up here. We were not supposed to have seen this, but it boiled up to a higher level. Now we are trying to turn off the steam. We are not involved in principles here, but in the details which General Byroade wishes to have issued to subordinates. Is the paragraph accepted now as amended?

C & G: Yes.

M: It is so ordered. The next paragraph, “The restoration of China’s long time severed lines” etc. Is that acceptable?

C & G: Yes.

M: The next to the last paragraph is accepted as written. The last paragraph, any comments? It is accepted as written. Very good. Then Document A is accepted as amended?

C & G: Yes.

M: If agreeable to you gentlemen, we will take up Document B. Is that acceptable?

C & G: Yes.

M: It is headed “Restoration of Communications. Document B. To the Generalissimo: Agreement has been reached by the three Commissioners that reconstruction of lines of communication shall be started immediately. Orders are being issued to all commanders, National Government and Communist Party, as follows: Document A to be inserted here.” Is that first paragraph acceptable? Now we are telling the Commissioners what they are agreed to.

C & G: Yes.

M: First paragraph is accepted. Also the quotation of Document A. Second paragraph: “In view of the above,” I wish to change a word in the second sentence where it reads “the headquarters of this organization” it should read “the” organization.

C: There is no difference in Chinese.

M: [“] In view of the above, official request is hereby made for the National Government to supply the necessary technical staff for the accomplishment of railway reconstruction. For convenience the headquarters of the representatives of the Ministry of Communications”—insert “representatives of the Ministry of Communications.”

C: Strike out “Headquarters of the organization” and insert “representatives of the Ministry of Communications?”

M: General Byroade says that infers that they will all be there, have their headquarters there.

C: General Byroade can make a suggestion?

B: I would say “For convenience the headquarters of the representatives of the Ministry of Communications.”

M: Otherwise, it means everyone you have must be there and not go out on the road.

G: They are discussing about the set-up of the Executive Headquarters because General Chang is not acquainted with them. C: He is explaining we have four layers.

M: You’ll have to read history for that. If there are no more comments, I’ll read it then: “In view of the above, official request is hereby made for the National Government to supply the necessary technical staff for the accomplishment of railway reconstruction. For convenience the headquarters of the representatives of the Ministry of Communications selected by you for accomplishment of this task should be located in Peiping and should establish liaison at the earliest possible date with the Operations Division of Executive Headquarters.” Change that “Section” to “Division.” They have too many sections up there. Is that acceptable as read?

C & G: Yes.

M: That completes Document B. It apparently completes the problem so far as the Executive Headquarters is concerned. Is that right?

C & G: Yes.

M: That is agreed.

C: General Chang has suggested before that we should list in the minutes the names of the railroads.

G: General Chang wanted to have the names of the railroads mentioned in the minutes, but now he doesn’t see any necessity for it.

M: Then it is understood the listing of the railroads will not be necessary. Is there any other business you want to bring up?

C: Regarding the administration of communications, General Chou En-lai hasn’t conferred with General Chang Chih Chung whether it should be discussed in the Three-man Committee or directly between [General] Chang Chih Chung and General Chou En-lai. He is asking General Chang’s opinion of how it should be discussed.

M: He doesn’t want my opinion first?

C: Regarding the administration of the railways, General Chou says that there might be two ways for settlement. The first one is, the representatives of the Ministry of Communications may approach separately the bureaus of the different railways, for at the present time some, such as the Peip’ing–Suiyuan, is largely controlled by the Communists, and the Communist Party has its own operating personnel, and some kind of settlement should be reached. On this point I have some proposals to make. Firstly, it would be best if the representatives of the Ministry of Communications going to be created would absorb local personnel in the Communist areas who are now operating the railroads, so that the operation and administration might be eased. Secondly, the headquarters of the representatives of the Ministry of Communications should find out a reasonable arrangement with the existing railway personnel in the Communist territories related to road maintenance or mechanical divisions, that is the headquarters of these representatives would in some way recognize their position is to give them appointments. Thirdly, as to the reorganization of the Ministry of Communications, that will be taken up in the over-all reorganization of the Executive Yuan, so it does not need to be discussed here. Consequently there are only the first two points to be discussed, and I would like to know the opinion of you two whether it should be discussed at this conference or through some other channels.

G: General Chang understands clearly as follows: In the interim period, General Chang stated or asked for two principles. 1. The headquarters of the representatives of the Ministry of Communications to absorb some of the administrative personnel from the Communist side. 2. The existing Communist administrative personnel in their area, the headquarters of the representatives of the Ministry of Communications shall contact them and discuss and work out some formula for the continuation of their work in their area.

C: General Chang just said it seems to him rather a minor problem and he wondered whether it should be discussed here or in the lower levels. But General Chou thinks the Executive Headquarters in Peiping has no power to discuss this subject which might have to be referred to the two Chinese representatives or the conference of three in Chungking.

G: General Byroade, how do you think that General Chang’s suggestion that if this personnel could be absorbed in the number of officials would [they?] be divided here in the headquarters of the representatives of the Ministry of Communications or among the three commissioners in Peiping. Instead of brought to the conference.

B: The Executive Headquarters can only work on the directives that are given them by the committee of three. We have no instructions on that so we have not consider[ed] that is part of our problem. As to whether decision is reached here by the committee of three or in your political discussions makes no difference to us in the Executive Headquarters.

G: General Chang thinks along this line, that is about the personnel to be included in that organization sent out by the Ministry of Communications to Peking that the commissioners or the representative of all sides can discuss as it is in accordance with the progress of the formula of work and there is no need to discuss it here because we may interfere with your work in Peking. It seems to General Chang that the, it may not be advisable to make this the [more?] complicated to introduce the details on the personnel to this conference and because this is a temporary arrangement in this interim period and before long the reorganization of government will certainly decide the organization of the different ministries.

M: I have these comments to make. I have listened to the discussion and I have hesitated to advance an opinion because of the peculiar position I sit in. I do not think it is for me to propose the reaching of a decision here in this group on which I am a member unless it develops that all progress under the cessation of hostilities order has ceased. I would say there are two immediate approaches to this problem. The first one would be rather in line with what General Chang has said that as the work develops the Executive Headquarters, this issue will undoubtedly arise because they cannot restore railroad communications without either continuing or discontinuing the use of these Communist railway employees. Therefore I would assume that the Commissioners following the proposals of the representatives of the Ministry of Communications would have before them the question of whether or not there should be an absorption, or during the interim period the operation [be?] rather complete in those sections that are now so operated. Now if the commissioners do not agree it would come here, or if they felt that they did not have the power they would submit their recommendations here knowing the details. Among the details to my mind would be these. Presumably these representatives of the Ministry of Communications are experts. They presumably know their business and they may feel that they cannot operate efficiently under the existing conditions and they would therefore prefer to absorb that portion of the personnel of the Communist Party that appeared efficient or it might be that they would decide that the most immediate effective course would [be] to take over the whole unit complete. In any event the minor arrangement could be handled there. Any disagreement or any failure to reach an agreement on any issue that was before them would be sent forward to Chungking. Now the other course might be this. That General Chang and General Chou discuss the question on the basis of just a general policy but in its detailed application for the better guidance or influence of the representatives of the Ministry of Communications. If they reach an agreement that could be done, but it would still remain for the details to be settled by the Executive Headquarters. If it were felt absolutely necessary to reach an agreement on this level then no agreement could be reached by the two officials I just mentioned then it would be brought up here before the committee but it seems to me that is not indicated at the present time.

G: General Chang thinks that the first suggest[ion] you made is the best way to handle the problem.

M: To handle or to enter.

G: To handle. The reasons General Chang gives are as follows:

1. At this top level we will determine policies. It seems to him that there is no necessity to enter into details regarding technical matters of personnel and we have several levels under us to handle these problems.

2. The second reason is that the headquarters of the representatives of the Ministry of Communications will be under the supervision and the control of the Executive Headquarters. The three commissioners are their immediate boss so we may just as well let the three commissioners to exercise supervision so there is no need for the top level to interfere with the representatives of the Ministry of Communications while there is a level just above them to give them guidance.

3. There will be a Railway Control Section to be set up in Peking, representing three sides and if they cannot decide they can present their views in that section.

If those matters were referred here that means that we are in three capacities, as the representatives of the committee of three, as the representatives of the Commissioners and representatives of the Railway Control Section.

M: I will make the following statement. In the first place, I would like to interpret General Byroade. He didn’t say this, but I know he was thinking it. I am certain he agrees with all the principles General Chang has just said, but I am equally certain he probably feels that any agreement he can get up here one way or another saves him a battle down there. So he is looking for the easiest way out. My second comment is that we have been indulging this morning in lower level business all morning. The reason of which to me is this and I am repeating what I recall saying to General Chou a long time ago. So much of this so far as the Executive Headquarters is concerned depends upon how much leeway or latitude your representatives have. Do they negotiate or do they merely carry out orders from above. In other words have they a general directive or have they specific orders. For example, I had a general directive. Now the more confidence and latitude you can place in your commissioners the easier, of course, all these problems are. Where General Byroade finds it difficult is where the individual cannot negotiate or rather he is free to negotiate because he is told precisely what he is to do. However, I must say this that I have been very much surprised at the difficult problems that have already been overtaken. So, I should really submit an apology to them for my comments in view of what they have already accomplish[ed]. Along with the implication that maybe they are too rigidly held in check. I don’t think my remarks add anything to the decision, but you at least know what I am thinking.

G: General Chang says that the three man committee here should not interfere with the second or third level. General Chang says that an Army commander should not interfere with a division commander and furthermore he should not interfere with a regimental commander. However, General Chang says that as you just mentioned, the director[s] of the Peiping Executive Headquarters have solved so many difficult problems already, therefore we should not restrict [them?] as to what they are supposed to do.

C: General Chou comments that he had to refer this problem to Chungking because it is not a dispute of (whether) being of high or low level, but is rather a problem of whether it is within the power of the Executive Headquarters. For in the document C, paragraph E, we have just passed it has been stated that general control of the Executive Headquarters of the representatives of the Ministry of Communications for the purpose stated herein makes further discussion of the matters of unarmed troops, administrative control and operating personnel unnecessary and therefore it would prohibit the Executive Headquarters from dealing with the operating personnel questions unless we issue some general directive to serve as a basis for further discussion.

G: Item E of Document C, last sentence, these are all put under the direct control of the representatives of the Ministry of Communications. He is questioning the jurisdiction of the representatives of the Ministry of Communications to decide who to employ. If the Communists, in certain positions, would provide technicians and engineers to the representatives of the Ministry of Communications, of course they may be employed, because there is a lack of technicians. We may even employ American or Japanese technicians, so it is not a matter of policies so he doesn’t think it is necessary for us to discuss it here. Furthermore, General Chang has this in mind; that we will not interfere with the work of the lower levels but wait until they have reached an impasse or something and report to the Conference of Three for us to give a solution, but not until then should we interfere with them. General Chang furthermore likes to make the statement, if it should be put in the minutes, he will make the statement now that he never entertained in the slightest way any idea that the representatives of the Ministry of Communications would not employ any Communist technicians or personnel in any railways now occupied, now garrisoned by Communist troops. But he thinks regarding details of employing certain personnel, it seems not necessary to be brought up to the top level as the lower level should be able to decide it. General Chang would like to get General Chou’s concurrence that we pass this document as the guiding principle and will not enter into any details of the personnel, and that is the immediate result of today’s meeting.

C: And consider the mission completed?

G: Yes.

C: General Chou wants to point out that paragraph E, in Document C, makes further discussion of personnel matters by the Executive Headquarters impossible and therefore he has to raise this question here, and because of this particular reason, he has to raise this problem here.

M: As I understand the situation which brought about this document called C, and paragraph E, the use of the expression already agreed to here[,] that the general control of the Executive Headquarters over representatives of the Ministry of Communications for the purposes stated herein, makes further discussion on matters of train guards, administrative control and operating personnel unnecessary. The reason for that was that all procedure was blocked by continued discussions without any agreement. Therefore the matter came up to us. Now General Chou raises the point that this forbids discussion by the Commissioners of the Executive Headquarters of the point raised by General Chou. General Byroade, on his part, is trying to get ahead with the resumption of the communications, and he views with great concern a resumption of the debate which has blocked all progress. However, I have this to suggest. That we reconsider paragraph E, and use the following wording: “Train Guards, Administrative Control and Operating Personnel. Personnel of these classifications will all be under the direct control of the representatives of the Ministry of Communications, under the general supervision of the Executive Headquarters.” Now General Byroade says that the latter part of that statement is a truism—is a fact anyway and therefore needs not be repeated. However, in view of this discussion I included it and his feeling, I think, is that the discussions will immediately be resumed in Peking. Well, maybe it will. I don’t think they will block all progress, but if it is continued without an agreement, then it seems to me the issue should be brought to us immediately. Any comments on that?

G: General Chang agrees that the revision of item 5 of Document Cmay be made.

M: Then it may be made a matter of record that paragraph E of Document C[,] previously agreed to, is reconsidered, and the following substituted therefor: “Train Guards, Administrative Control and Operating Personnel. Personnel of these classifications will all be under the direct control of the representatives of the Ministry of Communications, under the general supervision of the Executive Headquarters.” That settles that issue. Is there any further business?

B: I would like to know at what time this afternoon I could bring the agreed documents to the two commissioners for signature? It should be between 3:30 and 5:00 if possible.

C: 4:00.

G: Either 3:30 or 4:30, at General Chang’s residence.

B: And General Chou will be in his office?

C: Yes.

B: One more remark. I ask you to consider the timing of these documents. I will carry all three of them back to Peiping tomorrow, and we probably will not get the field order to the Commanders until Monday. Immediate action on Document B, therefore, might cause misunderstandings in the field. I therefore propose to leave this signed document with General Chang for delivery to the Generalissimo, with the remark made on it that it should not be acted upon before Tuesday.

M: What General Byroade really meant was this: to make certain that the Ministry of Communications does not begin moving people in the field before Tuesday, because otherwise they will be ahead of the order from Peiping. This communication, which is supposed to be from the Commissioners, will be delivered to General Chang here. We have made up the Commissioners’ minds for them, and we have done some of the staff work for the sections.

G: Who will sign that memorandum?

M: The Commissioners will sign up there, but we have the agreement here, so we will sign it here.

B: As I understand it, the Committee of Three will sign on that. I must carry a copy of it back with me to show that it is signed here and is an agreed document, so I want to have it signed here.

M: But aren’t you going to have the Commissioners down there sign all these things, because they have been ordered to do so by this.

B: Except that Document B will be delivered to Chang here. But I can send a duplicate back from Peiping signed by the Commissioners.

M: These have all been written in the form of instructions or letters from the Commissioners, so that they would not get into any debate over the wording. Therefore, we have to follow a rather peculiar procedure, but I am accustomed to that. But you don’t differ much from the Combined Chiefs of Staff that I worked with. You just have continued my operations beyond the Armistice, that’s all. The procedure here is very much as it was there, and if I were Confucius I would say that we all seem to be human beings too. Is there any other business?

C: I wish to thank General Byroade in particular for his hard job to make the trip down here.

M: General Chou made a famous trip here the other day.

G: General Chang has some remarks to make. In order to reopen the communications which is very, very urgent, he hopes that on every part they will spare no effort to reopen the communications, and if some difficulty comes up we should on every part make our best effort to get over the difficulty to accomplish that. General Chang likes to take this opportunity to assure you and General Chou that regarding the reopening of communications, in order to accomplish that, the Government will not be so narrow-minded as to make this task difficult. General Byroade took back those three documents together with another from General Cheng Kai-min, the Government Commissioner, from Peiping, and in comparing those documents he found that there is a tremendous distance of the point of view of General, Cheng Kai-min and the project put forward by General Byroade. Disregarding that, General Chang made careful study of those papers and after careful study, he did not hesitate to make suggestions to the Generalissimo to accept General Byroade’s plan. General Marshall just mentioned the point that the procedure here is not very different from that of Washington of the Combined Staff, and General Chang hopes that the accomplishment made by us will be as great as you have made in Washington under your able leadership and guidance. General Chang shares the same view of expressing gratitude to General Byroade for his everlasting hard work and the work he already accomplished in Peking. General Chang also likes to take this opportunity to express his thanks to General Chou En-lai, for he felt very sure that the Communist Commissioner’s point of view is entirely different from what he has agreed upon today, and must be tremendously different from the Communist point of view to this, but also General Chou showed such cooperation and sincerity, and of course the Government side did the same, so that General Chang wants to thank him for all the cooperativeness and sincerity shown by General Chou.

C: I thank General Chang for his compliments, and I also wish that General Byroade would show to Peiping that we have reached complete agreement here.

M: I am in agreement with General Chang on the importance of our getting along with the reopening of the communications with just as few issues as we can manage, and I have understood and appreciated his own personal attitude just as I have that of General Chou, so I felt very much reassured on the fact that this matter would be continued with their membership, and I also want to express my appreciation for what General Byroade and his staff have done. I gather that they are gradually developing a staff that is really both efficient and highly cooperative, and in view of what we are doing now and what we hope to do next that is of vast importance to China. It is a unique headquarters, and I think every week it will be more apparent how very important it is to peace and accord here. If there is no further business, that’s all.

27. Agreement on Restoration of Communications, Documents “A”, “B”, and “C”, February 9, pp. 422, 423, and 424.
28. January 20, not printed; its provisions were set clown by Mr. Walter S. Robertson in his telegram No. 4, January 25, p. 378.