Potsdam Conference (TERMINAL)

376

Third meeting of the Subcommittee on Implementation of the Yalta Declaration on Liberated Europe, afternoon

Present
United States United Kingdom Soviet Union
Mr. Cannon Mr. Hayter Mr. Gromyko
Mr. Golunsky 
740.00119 Potsdam/7-2645

The First Secretary of Embassy in Portugal to the Director of European Affairs

[Babelsberg,] July 26, 1945

Memorandum

The third meeting of the Committee to consider the second and third points of the paper on Liberated Europe was held this afternoon.

On point 2 (freedom of the press) we could only reaffirm that the divergence between our position, generally supported by the British, and the Soviet position left no alternative but to report the disagreement back to the respective Foreign Ministers. The British representative (Mr. Hayter) attempted to put through a new text, but even this, a watered-down modification of ours, was rejected by the Russians (Mr. Gromyko and Mr. Golunski). The Russian proposal, attached hereto, is of course impossible. The first paragraph is just not true, and the second paragraph talks only of better facilities for foreign correspondents, subject to “security” restrictions which Mr. Gromyko admitted may involve political censorship. The text ignores completely the question of freedom of the domestic press.

On point 3 (procedures of the Allied Control Commissions in Rumania, Bulgaria, and Hungary) the Russians repeated their earlier argument that this is now superfluous in view of their proposals made in the respective capitals which would grant us and the British a better position. After a brief discussion of the points requiring elucidation it was clear that there will not be time to work out all these details during the present Conference. We finally drew up a statement to be shown to our respective delegations, as a basis for the discussion at tomorrow’s meeting. It reads as follows:

The Three Governments have taken note that the Soviet Representative on the Allied Control Commissions in Rumania, Bulgaria, and Hungary have communicated to their United Kingdom and United States colleagues proposals for improving the work of the Control Commissions, now that hostilities in Europe have ceased. These proposals include provisions for regular and frequent meetings of the three representatives, improved facilities for British and American representatives, and prior joint consideration of directives. Subject to elaboration of details which will be worked out through diplomatic channels the three Governments consider that these proposals constitute a basis for the future work of the Allied Control Commissions, taking into account the interests and responsibilities of the three Governments which together presented the terms of armistice to the respective countries.

377 
740.00119 Potsdam/7-2645

The First Secretary of Embassy in Portugal to the Director of European Affairs

[Babelsberg,] July 26, 1945
[Extract]

Memorandum

. . . . . . . . . . . . . .

If any of the delegations are willing to accept this text, note that either the British or the Soviet representative will propose a suitable passage to cover Finland.

If we accept something along the lines of the foregoing text, the title must be changed. We might propose:

Statement on Allied Control Commission Procedure in Rumania, Bulgaria, Hungary (and Finland).

Copies of the Soviet proposals [on revising the procedures of the Allied Control Commissions in Bulgaria, Hungary, and Rumania], to which reference is made above have been handed to us here. Translations of these for Hungary and Rumania are attached. We have been informed that the proposals for Bulgaria and Finland are identical with those for Rumania.

By way of comment it may be said:

  1. Our representatives on the Allied Control Councils as well as the Department, seem to think these proposals give us most of what we wanted. I agree.

  2. We have in mind some requests for elucidation as well as some desirable additions. We might submit them to the Soviet Delegation here in the form of a personal letter. Though we could hardly expect a reply here, this would perhaps be better tactics than to start fresh through diplomatic channels. I think we could prepare a statement of these items in a couple of hours. Can we handle here the question of concurrence of the Joint Chiefs? If not, the delay of clearance through the Department might make it too late to get the letter into Soviet hands before the Conference closes.

  3. The Soviet proposal for Hungary would give us what purports to be a status of concurrence in decisions of the Allied Control Council, i.e., a fairly full tripartite status in matters of policy at least. In working for revision we should try to obtain this same status as regards Rumania and Bulgaria, thus achieving uniformity in a region where our interests are identical for the three countries, and where the military reasons for a distinction no longer apply.

  4. We may have to make some concession from our position of full tripartite participation. The substance of our desiderata would be achieved, however, if we obtain effective consultation prior to the issuance of directives.

378 
740.00119 Potsdam/7-2645

Proposal by the Soviet Delegation

[Babelsberg, July 26, 1945]
[Translation?]

Proposed Soviet Redraft of Paragraph 2 of the Paper on Liberated Europe (Freedom of the Press)

The Conference takes note of the fact that now the representatives of the press of the Allied countries in the countries liberated from German invaders have received the opportunity to work in normal conditions and to describe on a large scale in the press the situation in these countries.

At the same time in view of the termination of the war in Europe conditions have been created which permit to grant greater facilities for the work of the representatives of the allied press in the countries with which armistice agreements have been concluded, provided the interests of the security of allied occupational forces in these countries be observed.

379

Harriman-Grabski conversation

Present
United States Poland
Mr. Harriman Vice President Grabski
Deputy Prime Minister Gomulka
Mr. Modzelewski
Deputy Prime Minister Mikolajczvk
Mr. Zebrowski

Memorandum by the Polish Deputy Prime Minister

July 26, 1945
[Translation]

Notes of a Discussion with Mr. Harriman on July 26, 1945

Persons present: from the American side --Ambassador Harriman and his secretary; from the Polish side --Professor Grabski, Messrs. Gomułka, Modzelewski, Mikołajcyzk, and interpreter Żebrowski.

MR. HARRIMAN takes the floor and asks for a short time to speak because of a meeting which is to follow, and he asks that his talk be considered confidential. As we know, the Americans now have to feed about 7 million people. At the same time, one of the most terrible wars is being waged 7,000 miles from home in the Pacific. They are aware of the fact that they will have to help Europe. Those 7 million people are mostly Germans in the American occupation zone – prisoners of war and also people of various nationalities who are in their occupation zone. The … American nation does not wish to allow any people in the world to starve in time of peace. In making their territorial claims the Poles broached a controversial issue concerning food and raw materials needed by European nations. The territories occupied by the Soviet Union in Germany and the territories claimed by Poland were a source of food supplies for the rest of the German population. There is a shortage of coal in the world. Russia has a coal shortage as well as a food shortage. France, Belgium, and the Netherlands also experience such shortages. Polish Silesia used to supply coal to Berlin. Italy is short of coal, and in such circumstances the United States has to export 7 million tons of coal annually, although its production is not sufficient for domestic needs. England cannot export coal if it is to maintain its present level of industrial production, but it does export coal at present. At this time of controversy over raw materials and food, the Poles announce their claims with regard to sources of supply for food, coal, zinc, and similar raw materials. They announce their claim to a territory formerly inhabited by 8 to 9 million Germans. The Czechs announced their claim with regard to the expulsion of 2 million Germans, the Hungarians of half a million.… At present Messrs. Harriman, Matthews, and Clayton are having their own private discussions with President Truman and Secretary of State Byrnes in order to formulate the position of the American Delegation with regard to the Polish problem. He also knows that similar discussions concerning the Polish problem are going on within the British Delegation. The problem must be settled somehow at the meeting of the Three. One thing has already been settled positively so far, namely, that all of the Three Powers will actively help in the repatriation of the Poles from the west. From the legal point of view, the problem of boundaries must wait until the end of the war.… But the problem of a legal settlement of the situation at a peace conference is one thing, and the problem of establishing a Polish administration in the western territories and of securing the harvest and organizing industrial production is something else. The Russians cannot do it; it has to be done by the Poles. If they are to do it and start production on a large scale, they must repatriate their population from areas behind the Curzon Line and from the west. Yesterday’s conference, however, showed clearly that until the next harvest Poland cannot export food, yet it has to export raw materials such as coal, zinc, etc., to meet the needs of other countries, and obviously for payment.…

MR. HARRIMAN then expresses thanks for the invitation proffered on behalf of the Government to visit the western territories of Poland and promises to make this visit after the Conference, not only as an ambassador but also as a friend of Poland.

In closing, I said to Mr. Harriman, half jokingly, that Poland should not take a beating because of a quarrel between the Allies concerning food. With regard to that problem the interests of Poland must be preserved above all.

380

First meeting of the Protocol Subcommittee

Present
United States United Kingdom Soviet Union
Mr. Dunn Mr. Brook Mr. Gromyko
Mr. Matthews Mr. Ward Mr. Kozyrev
Mr. Cohen Mr. Dean Mr. Lavrentyev
Mr. Bohlen
Mr. Yost 
740.00119 (Potsdam)/7-2645

U.S. Delegation Memorandum

Potsdam, July 26, 1945

Meeting of Protocol Subcommittee, July 26, 1945

Mr. Gromyko was elected chairman of the subcommittee.

It was agreed that the Protocol of the Berlin Conference should follow exactly the form of the Protocol of the Crimea Conference.

  1. It was agreed that the title of the first heading should be “Establishment of a Council of Foreign Ministers” which should be followed by the text which has already been approved by the Conference. There would then be inserted the approved text of the invitation to be sent by the three governments to the Governments of China and France.

  2. It was agreed that the title of the second heading should be “The Political and Economic Principles to Govern the Treatment of Germany in the Initial Control Period” and that this should be followed by two sections “(A) Political Principles” and “(B) Economic Principles.” The first of these subheadings would be followed by the text already approved.

  3. It was agreed that the third section would have to do with Poland and that the title of the section would be suggested by the USSR. This would be followed in the first instance by the text on the Polish question already approved by the Conference.

A draft of these first three headings of the Protocol is attached hereto.

It was agreed that the following subjects would be dealt with under succeeding headings:

  • IV Tangier
  • V Iran
  • VI Western Frontier of the USSR.
  • VII Territorial Trusteeship
  • VIII Government in Austria
  • IX Turkey and the Straits

The exact title of all of these will be subject to further consideration. The text will be supplied by the Delegations which raised the questions before the Conference. In other words, the Soviet Delegation will present texts on Tangier, the Western Frontier of the USSR, Territorial Trusteeship and Government in Austria. The British Delegation will present texts on Iran and Turkey and the Straits.

It was also agreed that decisions taken by the subcommittee are purely tentative and subject to revision after the various representatives have consulted their foreign ministers.

The next meeting of the subcommittee was fixed for Friday, July 27, immediately after the Big Three meeting.

381

Conversations among U.S. officials regarding war criminals, 9 p.m.

Present
Secretary Byrnes Colonel Cutter
Mr. Justice Jackson Mrs. Douglas
Mr. McCloy Colonel Gill
Brigadier General Betts Colonel Gerhardt
Miss Fite Major Coleman
Mr. Fahy 
740.00116 EW/7-2745

The Assistant Secretary of War to the Secretary of State

Washington [Babelsberg], 27 July 1945
Confidential

Dear Mr. Secretary I send you herewith a copy of our minutes of the conference held in your office yesterday evening on war crimes.

Sincerely yours,
JOHN J MCCLOY

[Enclosure]

Memorandum of Conference in the Office of the Secretary of State, 2 Kaiser Strasse, Babelsberg, 26 July 1945 at 2100 Hours

Present: The Secretary of State, Mr. Justice Robert Jackson, Mr. John J. McCloy (Assistant Secretary of War), Brigadier General Ed C. Betts (J. A., ETO), Miss Katherine Fite, State Department, Mr. Charles Fahy (USGCC Legal Adviser), Colonel R. Ammi Cutter (Office of The Assistant Secretary of War), and Mrs. Douglas (Mr. Justice Jackson’s secretary)

Mr. Justice Jackson reviewed the course of his negotiations with the Russians, French and British in an attempt to reach a protocol governing the trial of the principal war criminals. He also urged that there be established promptly a policy and procedure on the surrender of war criminals and renegades requested by any of the United Nations or by Italy. The substance of the pending IPCOG paper on the subject was reported by Mr. McCloy, Miss Fite and Colonel Cutter.

The following decisions of policy were made by the Secretary of State after full discussion:

  1. With respect to the surrender of war criminals and renegades requested by the United Nations or by Italy, the Secretary of State took the position that this matter should be dealt with by the U.S. military commander having custody of the demanded prisoner. The U.S. commander should make surrender upon presentation of a request from such a government, accompanied by a reasonably full statement that charges were pending or had been made that the prisoner had committed acts constituting either a war crime or an offense constituting him a traitor or renegade. In cases of doubt the military commander should refer the matter to the Control Council to be disposed of without reference to Washington, unless political or other guidance was affirmatively desired by the U. S. representative on the Control Council. (It was understood that Mr. Justice Jackson, Mr. McCloy, General Betts, and the others would go over the pending IPCOG paper on war criminals and the pending EAC paper on United Nations Renegades and Quislings and determine whether these papers in all particulars complied with the policy mentioned above).

    Mr. McCloy pointed out that this decision to leave the matter to the decision of the military commander was in some degree a departure from the United States’ traditional policy of affording asylum to political offenders. Despite this the Secretary of State expressed the opinion that the only practical place for the decision of these questions was in the field, where the military commander had full access to the facts, under a policy which left him free in cases of doubt to throw the request into the Control Council for decision.

  2. With respect to the arrangements being negotiated by Mr. Justice Jackson, the Secretary of State expressed the view that Mr. Justice Jackson should not make any sacrifices of or deviations from principle, either as to the place of trial, procedure, or definition of the criminal offenses. He should not make any agreement which he felt in any way derogated from fundamental axioms of justice. He should make reasonable attempts to reach an agreement for complete Russian participation on a sound basis. If he found it impossible within a fairly short time to effect such an agreement, satisfactory to him, the Secretary of State would approve his reaching an agreement with the Russians and the others, or any of them, but preferably including the Russians, defining in general terms the criminal offenses to be tried and providing for the trial by each nation (or any group of one or more of the four nations) of the criminals in their own custody, in accordance with procedures satisfactory to the nations conducting the trials. Secretary Byrnes suggested that there was ample reason for adopting this view (which could be duly explained to the public at the proper time) in (1) the administrative difficulties (due to language, differences in the national jurisprudences, etc.) of a four-party trial; (2) in the inevitable delays in reaching agreement; and (3) in the necessity for speedy trials on a basis which the United States would regard as fair.

  3. With respect to the substance of the protocol for the trial of the principal war criminals, the Secretary of State expressed the view that this was in general a matter committed by the President to Mr. Justice Jackson and to be decided by him. In this respect he referred to such matters as the substantive law to be applied, definitions of crimes, provisions governing procedure, etc.

Following the meeting above-mentioned, a further meeting was held at #1 Dom Strasse with all of the above present, except Mr. Byrnes. In addition, there were present Colonel Gill, Colonel Gerhardt and Major Coleman.

It was agreed:

  1. That the IPCOG paper on War Criminals and the SWNCC paper on United Nations Renegades and Quislings conformed to the policy stated by the Secretary of State and could be carried out in detail by the U.S. Military Government, which properly under the directive could prescribe regulations as to the form of requests, the extent to which proof of the existence of charges of war crimes should be required, and the standards for determining when the request should be referred to the Control Council;

  2. that the matter of requests by former satellite nations should be considered further, but that probably they should be granted (in the absence of unusual circumstances) where concurred in by the U.S. representative on the Control Council of the former satellite; and

  3. that the regulations governing requests worked out by the Control Council or the U.S. Zone Commander should be communicated to the other United Nations through diplomatic channels.

382 
501.AA/7-2645

Proposal by the U.S. Delegation [?]

[Babelsberg,] July 26, 1945
Top secret

Admission to the United Nations

The Three Governments consider it desirable that the present anomalous position of Italy, Bulgaria, Finland, Hungary and Rumania should be terminated by the conclusion of Peace Treaties, so that as soon as possible thereafter relations between them and the ex-enemy States can, where necessary, be reestablished on a normal footing. They trust that the other interested Allied Governments will share these views.

For their part the Three Governments have included the preparation of a Peace Treaty with Italy as the first among the immediate important tasks to be undertaken by the new Council of Foreign Ministers. Italy was the first of the Axis Powers to break with Germany, to whose defeat she has made a material contribution, and has now joined with the Allies in the struggle against Japan. Italy has freed herself from the Fascist regime and is making good progress towards the reestablishment of a democratic government and institutions. The conclusion of such a Peace Treaty with a recognized democratic Italian Government will make it possible for the Three Governments to fulfil their desire to support an application from Italy for membership of the United Nations.

The Three Governments have also charged the Council of Foreign Ministers with the task of preparing Peace Treaties for Bulgaria, Finland, Hungary and Rumania. The conclusion of Peace Treaties with recognized democratic Governments in these States will also enable the Three Governments to support applications from them for membership of the United Nations.

As regards the admission of other States, Article IV of the Charter of the United Nations declared that:

  1. membership in the United Nations is open to all other peace-loving States who accept the obligations contained in the present Charter and, in the judgment of the organisation, are able and willing to carry out these obligations;

  2. the admission of any such State to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

The Three Governments, so far as they are concerned, will support applications for membership from those States which have remained neutral during the war and which fulfil the qualifications set out above.

The Three Governments feel bound however to make it clear that they for their part would not favor any application for membership put forward by the present Spanish Government, which, having been founded with the support of the Axis Powers, does not, in view of its origins, its nature, its record and its close association with the aggressor States, possess the qualifications necessary to justify such membership.

383 
740.00119 Potsdam/7-2645

Proclamation by the Heads of Governments, United States, China and the United Kingdom

Potsdam July 26, 1945

  1. We, the President of the United States, the President of the National Government of the Republic of China and the Prime Minister of Great Britain, representing the hundreds of millions of our countrymen, have conferred and agree that Japan shall be given an opportunity to end this war.

  2. The prodigious land, sea and air forces of the United States, the British Empire and of China, many times reinforced by their armies and air fleets from the west are poised to strike the final blows upon Japan. This military power is sustained and inspired by the determination of all the Allied nations to prosecute the war against Japan until she ceases to resist.

  3. The result of the futile and senseless German resistance to the might of the aroused free peoples of the world stands forth in awful clarity as an example to the people of Japan. The might that now converges on Japan is immeasurably greater than that which, when applied to the resisting Nazis, necessarily laid waste to the lands, the industry and the method of life of the whole German people. The full application of our military power, backed by our resolve, will mean the inevitable and complete destruction of the Japanese armed forces and just as inevitably the utter devastation of the Japanese homeland.

  4. The time has come for Japan to decide whether she will continue to be controlled by those self-willed milita[r]istic advisers whose unintelligent calculations have brought the Empire of Japan to the threshold of annihilation, or whether she will follow the path of reason.

  5. Following are our terms. We will not deviate from them. There are no alternatives. We shall brook no delay.

  6. There must be eliminated for all time the authority and influence of those who have deceived and misled the people of Japan into embarking on world conquest, for we insist that a new order of peace, security and justice will be impossible until irresponsible militarism is driven from the world.

  7. Until such a new order is established and until there is convincing proof that Japan’s war-making power is destroyed, points in Japanese territory to be designated by the Allies shall be occupied to secure the achievement of the basic objectives we are here setting forth.

  8. The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine.

  9. The Japanese military forces, after being completely disarmed, shall be permitted to return to their homes with the opportunity to lead peaceful and productive lives.

  10. We do not intend that the Japanese shall be enslaved as a race or destroyed as [a] nation, but stern justice shall be meted out to all war criminals, including those who have visited cruelties upon our prisoners. The Japanese government shall remove all obstacles to the revival and strength[en]ing of democratic tendencies among the Japanese people. Freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established.

  11. Japan shall be permitted to maintain such industries as will sustain her economy and permit the exaction of just reparations in kind, but not those industries which would enable her to re-arm for war. To this end, access to, as distinguished from control of raw materials shall be permitted. Eventual Japanese participation in world trade relations shall be permitted.

  12. The occupying forces of the Allies shall be withdrawn from Japan as soon as these objectives have been accomplished and there has been established in accordance with the freely expressed will of the Japanese people a peacefully inclined and responsible government.

  13. We call upon the Government of Japan to proclaim now the unconditional surrender of all the Japanese armed forces, and to provide proper and adequate assurances of their good faith in such action. The alternative for Japan is prompt and utter destruction.

HARRY S TRUMAN
WINSTON CHURCHILL

by H S T
President of China
by wire

384 
740.00119 Potsdam/8-745: Telegram

The Ambassador in China to the President and the Secretary of State

[Chungking,] 26 July 1945
Top secret
urgent

(The following message is top secret and urgent for the eyes alone of the Secretary of State James F Byrnes Potsdam, Germany for the President from Ambassador Hurley)

The following message is from the Generalissimo, Chiang Kai Shek, for President Truman.

I concur in the proposed proclamation to Japan, with the single alteration that paragraph (1) should be revised to read ‘We, the President of the United States, the President of the National Government of the Republic of China and the Prime Minister of Great Britain, representing the hundreds of millions of our countrymen etc, etc, etc’ since the proclamation is to be by the heads of the three governments concerned, CHIANG KAI SHEK

Concurrence given to me by Chiang Kai Shek at Yellow Mountain, 0930 hours Chungking time July 26th. Delay in transmission due to fact I had to return to Chungking by ferry Yangtze River because lack of communications. Foregoing message handed both Army and Navy for transmission at 1105 hours Chungking time July 26th.

385 
790.00/1-2050

The Secretary of State to the Soviet Foreign Commissar

[Babelsberg, July 26, 1945]

I am transmitting herewith for your information copy of a declaration which is being issued by the President of the United States, the President of the National Government of the Republic of China, and the Prime Minister of Great Britain, on the aims and purposes of the war against Japan.

This declaration has been given to the press for release and publication tomorrow morning.

386

The Pittsburgh Press (July 26, 1945)

QUIT OR BE KILLED, JAPS TOLD
3 more cities battered by 350 B-29s

104 ships sunk or damaged

…

387

Truman: War fought for freedom

President reviews troops at Frankfurt
By Merriman Smith, United Press staff writer

…

388

Adm. Mountbatten, Stalin confer on war in Pacific

Parley prompts predicts Russia soon may join in fighting against Japs

…

389

Editorial: The Big Three and Spain

…

390

U.S. State Department (July 26, 1945)

Log of the President’s Trip to the Berlin Conference

Thursday, July 26:

At 0730 the President and certain members of his party left the Little White House by auto for the airport at Gatow. At Gatow they enplaned for Frankfurt to inspect U.S. Army personnel and facilities in that area.

. . . . . . . . . . . . . .

1830: The President’s plane arrived at Gatow. He and his party entered waiting motor cars here and left at once for the Little White House where they arrived at 1900.

1915: General Marshall called on the President.

Captain John B. Ross, Medical Corps, USA (Secretary Ross’ son) and Major Alfred K. Lee, JAGD, USA (a personal friend of the President) were dinner guests at the Little White House this evening. Captain Ross spent several days in Babelsberg visiting with his father.

2200: Ambassador Harriman called on the President.

The President, jointly with Prime Minister Churchill and Generalissimo Chiang Kai-shek, issued a proclamation from Berlin this evening calling on the Japanese to surrender unconditionally now or suffer complete destruction. This document later became known as the “Potsdam Declaration.” A copy is appended.

There was no meeting of the Big Three today as Mr. Churchill, Mr. Attlee, and Mr. Eden were in England in connection with the official election count.

391

The Syonan Shimbun (July 27, 1945)

Attlee new British Prime Minister

…

Churchill, Eden not returning to Potsdam

…

392

Salzburger Nachrichten (July 27, 1945)

Clement Attlee Ministerpräsident

Überragender Wahlsieg der Labour-Party

…

Englands neuer Regierungschef

…

393

L’Aube (July 27, 1945)

Triomphe des travaillistes aux élections britanniques

Winston Churchill a démissionné – M. Attlee forme le nouveau gouvernement

…

394

Churchill retournera-t-il à Potsdam ?

…

395

Une proclamation de l’Angleterre des États-Unis et de la Chine au Japon

Il faut choisir : se rendre ou subir l’assaut final

…