Office of the Historian

740.00119 Control (Germany)/7–348: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

secret
Berlin, July 3, 1948—4 p. m.

1592. Personal for Saltzman from Wisner.1 Subject is occupation statute. Following analysis and recommendations based upon extensive conversation with Clay, Murphy, Draper, and Litchfield.

It is envisaged that preparation and adoption occupation statute will take place in series of steps as follows:

(a)
CAD, OMGUS, now in process of preparing draft which will not be ready for submission Washington until expiration three or four weeks from now. Reactions and views German as well as preliminary discussions with British and French will be taken into consideration and appropriately reflected in OMGUS draft.
(b)
As soon as possible State and Army should submit by way of suggestion and recommendation any broad principles confirming or enlarging upon principles embodied London agreement for guidance of OMGUS in preparation of draft.
(c)
As soon as possible after submission to Washington of complete OMGUS draft, State and Army should forward such specific instructions as they may deem advisable regarding form and content of statute and also for guidance OMGUS in final negotiations with British and French.
(d)
Following completion OMGUS negotiations with British and French, final form occupation statute will be submitted to three governments for approval pursuant London agreement and understandings arrived at there.

Regarding (a) above, General Clay considers it inadvisable submit Washington tentative and preliminary drafts for reason that they would represent OMGUS working level views only and would be without benefit German, British and French reactions or of level OMGUS thinking. Such drafts would provoke unnecessary and inconclusive discussions between Washington and Berlin.

Murphy and I consider above-outlined procedure sound and recommend Department approve this approach.

Murphy
  1. Wisner was in Germany on a visit in connection with the future assumption of civilian responsibilities in occupied Germany by the Department of State from the Department of the Army.↩