Foreign Relations of the United States: Diplomatic Papers, 1945, European Advisory Commission, Austria, Germany, Volume III

740.00119 Control (Germany)/10–2145: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

Berlin, October 12, 1945—10 p.m.
[Received October 12—9:35 p.m.]

762. General Clay has expressed view that to fulfill policies of JCS (Joint Chiefs of Staff) 1067^13a and Potsdam Agreement looking to continuing control of Germany’s capacity to make war it will be necessary to control “German personnel qualified to participate in the reconstruction of that military capacity”. He has therefore ordered immediate plans inter alia for treatment of certain categories of individuals not specified in JCS 1067.

Office of Political Affairs has given following views of general problem and of policy for each listed category:

Demilitarization measures should be as simple and inexpensive of energy as will be compatible with effectiveness. Measures in excess of reasonable minimum would incur risks of breakdown of whole enforcement system, unnecessary damage to legitimate German economy, and weariness of American opinion with conspicuous outlay. Hence we should undertake no controls not readily defensible as absolutely essential, as economically enforceable, and as compatible with peacetime sense of justice. Furthermore, since there is no rigorous quadripartite denazification system including expansive personnel controls, far-reaching restrictions in US zone may result in surreptitious flight into more congenial zones.

1. All members of German officer corps; retain under detention general staff officers pending further study (mytel 742, Oct 10¹⁴) but no special restrictions on other officers except possibly exclusion from police.

2. Members of aircraft crews; no special discriminations.

3. Persons skilled in developing, making or using missiles; no special discriminations.

4. Persons possessing advanced technical education: no special restraints on whole class, but reference is made to Dept consideration now pending.

5. Persons arrested and then released pursuant to JCS 1067. Mytel 734, Oct 10.¹⁵ No special restrictions seem required for persons found by semi-judicial process not to be within the intent of that directive.

6. All persons known to be more than nominal Nazis: continued exclusion from positions enumerated in denazification programs plus a single form of surveillance; approval in principle of labor outside Germany of active Nazis, Dept’s 629 [626?], Oct 9.¹⁶

Judgment of Dept would be appreciated. I repeat that plans are crystallized here very rapidly.

Murphy

1. See footnote 18a, p. 929.
14. Not printed; it informed the Department of a report by General Clay that the British, French, and Soviet elements desired a quadripartite agreement to detain German General Staff officers outside Germany. General Clay would support this view provided a feasible plan could be devised, but he indicated that acquiescence by the Joint Chiefs of Staff should be secured prior to Control Council approval. (740.00119 Control (Germany)/10–1045)
15. Not printed; this telegram reported that the Legal Directorate was presently working on a directive providing for the release of exculpated persons who had been arrested pursuant to paragraph 8 of JCS 1067. The draft plan called for review of the cases of all detained persons by boards composed of approved Germans, subject to supervision and possible further review by occupation authorities. (740.00116 EW/10–1045)
16. Not printed; telegram 626 transmitted the Department’s “approval in principle of sending outside Germany SS men and other active Nazis to perform labor service and other rehabilitation work.” (740.00119 Control (Germany)/9–2545)