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

Marshall Mission Files, Lot 54–D270

Brigadier General Thomas S. Timberman to Colonel J. Hart Caughey, at Nanking

Peiping, 28 August 1946.

1. Attached for your background information is a study we have just completed on the effectiveness of the authority of Executive Headquarters. As you will note in the conclusions, no definite trend toward a break down of our authority can be discerned at this time. There are numerous problems such as inoperative field teams, unilateral action, and non-compliance with our directives by field commanders which are continuously testing our authority. These elements are considered in details of this study.

2. This study will be submitted to the U. S. Commissioner with the recommendation that the part having to do with corrective action be placed before the Three Commissioners for their consideration with a view to correction.

3. As we complete further studies of this nature, we will continue to pass them on as background and as the best picture we can present of the situation in Executive Headquarters.

T. S. Timberman

[Annex]

Memorandum by Brigadier General Thomas S. Timberman

[Peiping,] 27 August 1946.

Authority of Executive Headquarters

[Here follow 23 numbered paragraphs on the problem.]

Conclusions

24. It is concluded that:

a. The general and special directives have established the legal authority for the existence and operation of Executive Headquarters but do not endow Executive Headquarters with any real authority to enforce tripartite agreements.

b. All real authority of the Executive Headquarters is derived from the sincere desire of both Chinese factions to negotiate differences in good faith, and from the will of the Chinese factions to carry out fully the provisions of all tripartite agreements.

c. The most flagrant and serious threat to the authority of Executive Headquarters is the large number of inoperative field teams.

d. Unilateral action by the Chinese Branches is a threat to the authority of Executive Headquarters as grave as the inoperative field teams.

e. Refusal of field commanders to comply with instructions of the Executive Headquarters has remained a constant threat to the effectiveness of the Headquarters which will not be overcome until some form of punitive powers are delegated to the Three Commissioners by the Generalissimo and Chairman Mao Tze Tung.

f. Delay by the Chinese Branches in conducting field team operations is considered of no more significance than detracting from the authority of Executive Headquarters.

g. Restriction by each Branch of the negotiating powers of the lower echelons (staff echelons and teams) in Executive Headquarters will never be eliminated entirely and the hindering effect of this situation on negotiations must be ameliorated by the astuteness of the third party.

h. Challenging of the integrity of the United States representatives of Executive Headquarters should be opposed vigorously at its every appearance.

Recommendation

25. It is recommended that:

a. This study be forwarded to the United States Commissioner for his information.

b. The United States Commissioner discuss the conclusions with the Three Commissioners with special emphasis on paragraph 24 c, d and e.

c. If the United States Commissioner considers the time appropriate an agreement (Appendix H) effecting corrective action be presented to the Three Commissioners for their agreement.

d. Chief of Staff be directed to continue a study of this problem to include the entire history of Executive Headquarters and to explore trends that may develop in the future.

[Subannex]

Draft of Proposed Agreement by Executive Headquarters

Appendix H—Agreement

1. The Three Commissioners have agreed on this date to take decisive action within their respective Branches to accomplish the following as a means of increasing the effectiveness of the Executive Headquarters.

a. All field teams will be made and kept operative to include replacing members who are absent, lifting restrictions of field team members and insuring strict compliance with General Directive No. 7.¹⁵

b. No unilateral action will be taken by any Branch of Executive Headquarters which violates or is contrary to the General and Special Directives or any three-way agreement accomplished on any level of the Executive Headquarters.

c. Positive steps will be taken by the Chinese Branches to insure compliance, by their respective field commander, with the instructions issued by the Executive Headquarters as a result of three way agreements. This will include instruction from field teams.

2. At the end of fifteen days from this date this agreement will be discussed again by the Three Commissioners to include a report of the progress that has been made by the respective Branches in implementing its provisions. Discussions will then follow along these same lines at thirty day intervals.

_______________
National Government Branch
____________
Communist Party Branch
______________
United States Branch

15. Quotation from preceding memorandum: “General Directive No. 7 was issued to protect Field Team members, insure freedom of movement, and to simplify team procedure with relation to priority for investigations. It has been generally ignored and in some instances it has been flagrantly violated.”