893.20 Mission/9–1446: Telegram

The Ambassador in China (Stuart) to the Secretary of State

1483. Shortly Navy Dept will approach Dept regarding subject matter of Chief of Naval Operations 231707Z [231507Z]60 7th Fleet Liaison Officer, Nanking, 300116Z,61 and subsequent interchanges regarding activation of Naval Advisory Group (Deptel 602, Aug. 13, 5 p.m.).

With completion of Japanese evacuation from north China, 7th Fleet has had no locus standi in Tsingtao; although Army enabling legislation for advisory group China did not pass last session Congress, Navy’s did and approved July 16.62 As means of meeting situation, details of which problem Navy Dept. will supply, I have drafted following article for possible inclusion in agreement now under negotiation:

“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 enabling legislation and as regards the Army component from the date of the enactment in the United States of the corresponding enabling 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, the personnel concerned would have to be recalled as provided for in article IV.”

[Page 845]

I have informed Admiral Murray that Embassy will upon receipt of instructions from Dept either proceed to negotiate separate arrangements for Naval Advisory Group or act on lines suggested above.

I would recommend some such procedure as suggested above since it would avoid initiating bare faced action at a time when fighting is fairly general and it would also avoid underlining the somewhat anomalous status of the Military Advisory Group here.

Stuart
  1. Telegram of August 23, not printed.
  2. Telegram of August 30, not printed.
  3. H. R. 5356, 79th Congress, bill to provide assistance to the Republic of China in augmenting and maintaining a naval establishment and for other purposes, introduced on February 4 by Congressman Carl Vinson, Chairman of House Naval Affairs Committee (Congressional Record, vol. 92, pp. 866 (pt. 1), 1106 (pt. 1), and 10104 (pt. 8)); Public Law 512, approved July 16, 1946 (60 Stat. 539).