740.00119 EW/9–445
The United States Political Adviser for Germany (Murphy) to the Secretary of State
[Received September 4—7:10 p.m.]
447. The following is a paraphase of a telegram sent today by General Clay to the War Department on the subject of restitution policy:
“We desire a clearer definition of United States restitution policy. We have been advised by Pauley by letter22 of his views that we should begin restitution not only of cultural objects but also of livestock and agricultural implements, transportation rolling stock. As there appears to be no tripartite or quadripartite governmental policy covering this question, the carrying out of his letter would of course, be unilateral on our part. In our opinion the following principles should govern: we should make restitution of identifiable articles taken without payment by Germany to the extent that (a) such restitution will not result in relief needs in Germany which would lead to the US financing in part such restitution and (b) such restitution does not interfere with agreed reparations program. Because of administrative difficulties in any other procedure, all claims for restitution should be submitted in consolidated lists by the governments concerned. Preliminary evidence should be given as to the location of the items claimed for restitution and the circumstances connected with the removal by the Germans of these items. Administratively it would be impossible to permit missions from the countries concerned to scour Germany to find items produced in their country and then build their restitution cases.
It is our view, moreover, that rolling stock, livestock and agricultural implements required for a minimum economy in Germany and which if not available would result in increased imports into Germany, would militate against the ability of Germany to pay [Page 1283] reparations and would inevitably result in calls on the US for relief. It is also our belief that the State Dept should list the countries entitled to restitution. These countries should be required to submit their lists of the claimed items and quantities promptly, and after each list has been examined by the zone commander concerned, the several countries should be permitted to send small missions into each zone for identification of these items and to arrange for return of the items. Serious misunderstanding would result from separate policies in the several zones. We do not understand that the French have as yet opened the gates to identifying missions from other countries, but we are not advised as to French policy in their zone.
Furthermore, we believe that this should be a quadripartite policy and propose to place this before the Control Council. Prompt advice is requested since this question is pressing. Since art and cultural objects are already being returned to the liberated countries, the above does not apply to these items.”
The Dept’s comment will be appreciated.