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SEC. 4. The President is authorized upon such terms as he deems necessary (a) to transfer to the Government of Italy all vessels which were under Italian registry and flag on September 1, 1939, and were thereafter acquired by the United States and are now owned by the United States; and (b) with respect to any vessel under Italian registry and flag on September 1, 1939, and subsequently seized in United States ports and thereafter lost while being employed in the United States war effort, to transfer to the Government of Italy surplus merchant vessels of the United States of a total tonnage approximately equal to the total tonnage of the Italian vessels lost: Provided, That no monetary compensation shall be paid either for the use by the United States or its agencies of former Italian vessels so acquired or seized or for the return or transfer of such vessels or substitute vessels. Approved August 5, 1947.

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72. DEPARTURE OF AMERICAN TROOPS FROM ITALY 1 Statement by the President, December 13, 1947, on Continuing Interest in Preserving a Free and Independent Italy

Although the United States is withdrawing its troops from Italy in fulfilment of its obligations under the treaty of peace, this country continues its interest in the preservation of a free and independent Italy. If, in the course of events, it becomes apparent that the freedom and independence of Italy upon which the peace settlement is based are being threatened directly or indirectly, the United States, as a signatory of the peace treaty and as a member of the United Nations, will be obliged to consider what measures would be appropriate for the maintenance of peace and security.

TRIESTE

73. PROVISIONAL ADMINISTRATION OF VENEZIA GIULIA 2 Agreement Between the United States, the United Kingdom, and Yugoslavia, June 9, 1945

1. The portion of the territory of Venezia Giulia west of the line on the attached map which includes Trieste, the railways and roads from there to Austria via Gorizia, Caporetto, and Tarvisio, as well as Pola and anchorages on the west coast of Istria will be under the Command and control of the Supreme Allied Commander.

2. All Naval, Military and air forces west of the line on the attached map will be placed under his command from the moment at which this agreement comes into force. Yugoslav forces in the area must be limited to a detachment of regular troops not exceeding 2000 of all ranks. These troops will be maintained by the Supreme Allied Commander's administrative services. They will occupy a district selected by the Supreme Allied Commander west of the dividing line and will not be allowed access to the rest of the area.

1 Department of State Bulletin, December 21, 1947, p. 1221. For texts of messages exchanged between the United States and Italy, see Department of State Bulletin of December 28, 1947, p. 1269.

• Department of State publication 2562, Executive Agreement Series 501.

3. Using an Allied Military Government, the Supreme Allied Commander will govern the areas west of the line on the attached map, Pola and such other areas on the west coat of Istria as he may deem necessary. A small Yugoslav Mission may be attached to the Headquarters of the Eighth Army as observers. Use will be made of any Yugoslav civil administration which is already set up and which in the view of the Supreme Allied Commander is working satisfactorily. The Allied Military Government will, however, be empowered to use whatever civil authorities they deem best in any particular place and to change administrative personnel at their discretion.

4. Marshal Tito will withdraw the Yugoslav regular forces now in the portion of Venezia Giulia west of the line on the attached map as well as those in the town and vicinity of Pola by 08 hours GMT, June 12th 1945. Arrangements for the retention of the Yugoslav detachment referred to in paragraph 2 will be worked out between the Supreme Allied Commander and the Yugoslav High Command.

5. Any irregular forces in this area will, according to the decision of the Supreme Allied Commander in each case, either hand in their arms to the Allied Military authorities and disband, or withdraw from the area.

6. The Yugoslav Government will return residents of the area whom they have arrested or deported with the exception of persons who possessed Yugoslav nationality in 1939, and make restitution of property they have confiscated or removed.

7. This agreement in no way prejudices or affects the ultimate disposal of the parts of Venezia Giulia west of the line. Similarly the military occupation and administration by Yugoslavia of the parts of Venezia Giulia east of the line in no way prejudices or affects the ultimate disposal of that area.

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74. RECOMMENDATION FOR RETURN OF FREE TERRITORY OF TRIESTE TO ITALY

Statement by the Governments of the United States, United 1 Kingdom, and France, March 20, 1948 1

The Governments of the United States, the United Kingdom, and France have proposed to the Governments of the Soviet Union and Italy that those Governments join in agreement on an additional protocol to the treaty of peace with Italy which would place the Free Territory of Trieste once more under Italian sovereignty.

The Governments of the United States, the United Kingdom, and France have come to this decision because discussions in the Security Council have already shown that agreement on the selection of a

1 Department of State Bulletin of March 28, 1948, p. 425. The United States proposed in notes of April 9 to the Soviet Union and Italy that a conference of interested powers be called early in May to consider the return of Trieste to Italy; and in a memorandum of April 16 referred to a Soviet note of April 13 which relected the three-nation suggestion for a conference of interested nations on the matter, and stated that the United States would still be glad to consider any suggestions made by the Soviet Union in regard to returning Trieste to Italy.

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governor is impossible and because they have received abundant evidence to show that the Yugoslav zone has been completely transformed in character and has been virtually incorporated into Yugoslavia by procedures which do not respect the desire expressed by the powers to give an independent and democratic status to the Territory. During the Council of Foreign Ministers' discussion of the Italian peace treaty it was the consistent position of the American, British, and French representatives that Trieste, which has an overwhelmingly Italian population, must remain an Italian city. Given the impossibility of securing the adoption of such a solution, the three Governments agreed that the city and a small hinterland should be established as a Free Territory under a statute which it was hoped would guarantee, with the cooperation of all parties concerned, the independence of the people of the area, including the Italian city of Trieste.

Pending the assumption of office by a governor, the Free Territory has been administered by the Commander, British-United States Forces, in the northern zone of the Territory, and by the Commander, Yugoslav Forces, in the southern zone. In the U. K.-U. S. zone the Anglo-American military authorities have acted as caretakers for the governor to be appointed and for the democratic organs of popular representation for which the permanent statute of the Territory makes provision. At the same time Yugoslavia has taken, in the zone under her charge, measures which definitely compromise the possibility of applying the statute.

In these circumstances the three Governments have concluded that the present settlement cannot guarantee the preservation of the basic rights and interests of the people of the Free Territory.

The Governments of the United States, the United Kingdom, and France have therefore decided to recommend the return of the Free Territory of Trieste to Italian sovereignty as the best solution to meet the democratic aspirations of the people and make possible the reestablishment of peace and stability in the area.

Inasmuch as the Security Council has assumed the responsibility for the independence and territorial integrity of the Free Territory of Trieste, the Governments of the United States, the United Kingdom, and France will submit to the Security Council for approval the arrangements to be jointly agreed upon.

BULGARIA

75. DECLARATIONS OF WAR WITH BULGARIA, HUNGARY, AND RUMANIA 1

(a) Message of the President to the Congress, June 2, 1942

To the Congress of the United States of America:

The Governments of Bulgaria, Hungary, and Rumania have declared war against the United States. I realize that the three Governments took this action not upon their own initiative or in response to the wishes of their own peoples but as the instruments of Hitler.

1 Department of State Bulletin, June 6, 1942, pp. 509-510.

These three Governments are now engaged in military activities directed against the United Nations and are planning an extension of these activities.

Therefore, I recommend that the Congress recognize a state of war between the United States and Bulgaria, between the United States and Hungary, and between the United States and Rumania.

THE WHITE HOUSE, June 2, 1942.

FRANKLIN D. ROOSEVELT

(b) Joint Declaration by the Congress, June 5, 1942

"JOINT RESOLUTION Declaring that a state of war exists between the Government of Bulgaria and the Government and the people of the United States and making provisions to prosecute the same.1

"Whereas the Government of Bulgaria has formally declared war against the Government and the people of the United States of America: Therefore be it

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Government of Bulgaria which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Bulgaria; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States.

"Approved, June 5, 1942." [Joint resolutions declaring a state of war with Hungary and Rumania, mutatis mutandis, were also approved June 5, 1942.2]

76. ARMISTICE WITH BULGARIA, OCTOBER 28, 1944

Agreement Between the Governments of the United States, the Union of Soviet Socialist Republics, and the United Kingdom, on the One Hand, and the Government of Bulgaria, on the Other Hand, Concerning an Armistice 3

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The Government of Bulgaria accepts the armistice terms presented by the Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, acting on behalf of all the United Nations at war with Bulgaria.

Accordingly, the representative of the Supreme Allied Commander in the Mediterranean, Lieutenant-General Sir James Gammell, and the representative of the Soviet High Command, Marshal of the Soviet Union F. I. Tolbukhin, duly authorized thereto by the Governments of the United States of America, the Union of Soviet

1 Public Law 563, 77th Cong.

2 Public Laws 564 and 565.

Agreement signed at Moscow October 28, 1944; effective October 28, 1944. Department of State publication 2305, Executive Agreement Series 437, pp. 1-4, 17.

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