39. Telegram From the Secretary of State to Ambassador U. Alexis Johnson, at Geneva1

622. Your 586 and 594.2

1.
Department unable authorize any private understanding with Chinese Communists which would involve any US commitment or concession to them. Hence any private statement implying US acknowledgment of scope or validity their judicial processes would be unacceptable. However, private oral commitment by Chinese Communists as to the maximum period meant by word “promptly” in Chinese portion draft agreed announcement would be acceptable and need not be made public unless breached.
2.
We believe you should press Wang insistently for immediate release Americans whose cases they admit have already been reviewed favorably. We do not see that failure to date to reach agreement on proposed announcement should impede release Americans whose cases already favorably reviewed. You may give Wang emphatic reminder that no Chinese being held this country pending issuance agreed announcement. They are free to leave now. Reciprocity by Chinese expected. You might point out that continued detention Americans whose cases completed is directly contrary Chinese Communist contention that all cases disposed within framework their laws and juridical procedures. Denial departure right to Americans whose cases completed constitutes admission they being held as hostages for political advantage. This is irreconcilable with basic tenet which Wang has maintained.
3.
You are given authority requested paragraph 6 your 594 to agree in your discretion bring language paragraph 1 US portion into conformity with language paragraph 1 Chinese portion. It would be understood that “further appropriate measures” on US side would refer only to acceptance limited third party representation arrangement.
4.
The policy questions raised in paragraph 5 your 5943 and in your 5994 will be dealt with later message.5
Dulles
  1. Source: Department of State, Central Files, 611.93/8–2355. Secret; Niact. Drafted by McConaughy, cleared by Phleger, and signed by Dulles.
  2. See telegram 586, supra and footnote 2 thereto. Johnson commented in telegram 594 that he assumed that an “oral understanding” along the lines of paragraph 3 of the Department’s telegram 602 (Document 35) would be acceptable. Noting that Wang showed no sign of willingness to retreat from his position that stating a time limit for the release of all Americans would amount to a submission to coercion, he commented:

    “If no progress is made in next meeting or two we will face very serious decision. Wang’s most recent statements suggest strongly that more than half of detained Americans might be released immediately upon our reaching agreement. Fairly early action can probably be expected on a number of others. How long are we justified in delaying and possibly even jeopardizing release of these persons in effort to obtain commitment for release of all within definite time?”

  3. Quoted in footnote 2 above.
  4. Johnson suggested in telegram 599 from Geneva, August 24, a “possible way out of present impasse”: to inform Wang that on the basis of his assurances that the remaining cases would be settled “expeditiously”, the United States was willing to enter into the representation arrangement with the understanding that the cases would be settled within 2 or 3 months, reserving full freedom to reconsider the continuation of the representation arrangement if they were not settled within that time. (Department of State, Central Files, 611.93/8–2455)
  5. Apparently not sent.