Marshall Mission Files, Lot 54–D270: Telegram
The Commander of the Seventh Fleet (Cooke) to the Chief of Naval Operations (Nimitz)
DTG 131331Z. CNO 042134Z.58 1. RAdm Murray59 contacted Gen Marshall regarding terms and methods for Naval Advisory Group contract. U. S. Embassy has recommended to Gen Marshall that an additional article 30–1 be added at end of original proposed contract for MAG dated April 29, which has already been processed, and no other changes be made except modifications of arts 16, 17 and 19 plus deletion of arts 22 and 25 which changes have already been approved by SWNCC. This contract has been under consideration of Chinese since May. New art 30–1 to read:
“This agreement shall be understood to take effect as regards the Navy component from the date of the enactment in the United States of the enacting legislation and as regards the Army component from the date of the enactment in the United States of the corresponding enacting legislation. It is also understood that should such acts not be passed before the expiration of the war powers of the President of the United States, personnel concerned would have to be recalled as provided for in article 4”.
2. Gen Marshall stated that while he preferred Embassy method of adding art 31 to the MAG contract to make it effective for the [Page 843] Navy, he did not object to contract for Navy Group only as he considered such contract would not have any effect on his present negotiations.
3. Butterworth of Embassy states he could add new art 31 to present contract but would require new directive from State Dept to negotiate contract for Navy Group only, also states that while present contract with additional Article could be defended in case of political repercussion in U. S., since it had been under negotiation since May, a new contract for the Navy only might be open to criticism at this time due to Chinese political situation.
4. I consider proposed art 31 undesirable and inappropriate since it carries the presumption without full assurance the Congress will pass certain legislation in the future, also proposed article would antedate Navy Group to July 16 and appears on surface to have been one of original articles whereas actually it has not yet been submitted to Chinese. I believe that a separate contract for Navy Group only will cause less confusion to Chinese and be more straight-forward. When necessary legislation for Navy Advisory Group is passed, Navy contract may be superseded by 1 contract covering the combined group. An advantage of this method would be that it opens way for contract changes as may be found desirable after being in effect for a few months. Chinese Govt has not been approached regarding either method of making the contract, as it is considered best to agree first among ourselves on type of contract to be used.
5. I recommend that the proposed contract dated April 29 with changes already approved as noted in para 1 be adopted for Navy Group only, without any changes in terms or conditions, by deleting all references to Army, Air and Ground Forces and substituting Naval for Military Force appearing in the contract plus additional pertinent changes in wording. Specifically these changes would be as follows:
- a.
- In title line change Military to Naval.
- b.
- Top paragraph after “America has authorized” add “in accordance with Public Law 512”. Change Military Advisory Group to Naval Advisory Group.
- c.
- Art 1 change to read: “The purpose of the Group shall be to assist and advise the Chinese Govt in the development of a modern Naval Force for the fulfillment of the obligations which may devolve upon China under her international agreements including commitments assumed under the United Nations”.
- d.
- Art 2 delete “for a period of 5 years”. After “Republic of China” add “to July 15, 1951”.
- e.
- Art 6 change “Military personnel, initially not to exceed 9,000” to read “Navy and Marine Corps personnel not to exceed 300”.
- f.
- Art 7 change to read: “The Group shall be headed by a flag officer of the United States Navy”.
- g.
- Art 8 delete words “Ground, Air,”.
- h.
- Art 9 delete “Army.”.
- i.
- Art 10 delete “Army and”.
- j.
- Art 19 change chairman to head.
- k.
- Art 21 second paragraph change chairman to head.
- l.
- Art 24 change “students to Ground, Naval, and Air Technical Schools” to read “students to Naval Technical Schools”.
- m.
- Delete art 30 (Public Law 512 covers this for the Navy).
6. I further recommend that State Dept be requested to direct Embassy, Nanking, by despatch to negotiate Navy contract as set forth in para 5 above.
7. Gen Marshall has by hand.