740.00119 EW/5–1445

Memorandum by the Acting Secretary of State to President Truman 46

Because of the desirability of immediately securing a full capitulation of the German armies the Supreme Commander of the Allied Expeditionary Force and the Soviet High Command imposed on the Germans the brief “Act of Military Surrender” of May 7 rather than risk the delay possibly involved in making use of the instrument of unconditional surrender which had been prepared by the European Advisory Commission and approved by the Governments there represented.

That Act and the similar document signed in Berlin on the day following made only the initial military provisions incident to our victory. It is now in order, therefore, to proceed with the issuance of a proclamation which will make further stipulations and which will formally announce the assumption of supreme authority with respect to Germany by the Governments of the United States, the United Kingdom and the Soviet Union and the Provisional Government of France as has been previously agreed.

The European Advisory Commission has recommended to its constituent Governments the text of a proclamation designed to serve these purposes. This text represents an adaptation of the instrument of unconditional surrender prepared by the Commission and has the advantage of policy and phraseology already accepted by the four Governments.

I append a copy of the text47 as submitted by the Commission and recommend your approval of its being issued as a proclamation above the signatures of the commanding officers of the armed forces of the four Powers now occupying Germany.

Joseph C. Grew
  1. Handwritten endorsement at bottom of memorandum reads: “Approved May 14, 1945 Harry Truman”.
  2. Not printed; for the text of the Declaration signed by the four Powers on June 5, 1945, at Berlin, see Department of State, Treaties and Other International Acts Series (TIAS) No. 1520, or 60 Stat. 1649.