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

740.00119 Control (Germany)/10–1245: Telegram

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

Washington, October 19, 1945—3 p.m.

692. Dept approves your general approach to problem of demilitarization measures and personnel controls, as stated urtel 762, Oct 12. Dept believes, however, that plans for “far-reaching restrictions in US zone” should not be jettisoned because there is no rigorous quadripartite denazification system, but that quadripartite agreement on denazification methods and personnel control should be sought in Control Council. We feel in particular the importance of quadripartite agreement on rigorous treatment of potentially dangerous members of the German officer corps and of active Nazis.

The following comments on policy for six listed categories are suggested for your consideration:

1. All members of German officer corps: Your policy statement does not appear in accord with Army Staff Study, dealing with disposition of potentially dangerous German officers (your despatch 879, Sept 4)²⁶ to which you previously gave your concurrence. Following is condensed statement of Depts views on this Staff Study which are being forwarded to you in air mail instruction:²⁷

a. Although Dept does not regard exile and dispersal as feasible treatment of whole body of potentially dangerous officers of German Armed Forces, no objection would be interposed if adequate quadripartite plan were devised for detention outside Germany of a number of most dangerous officers, in particular German General Staff Officers.

b. Restrictive measures to be applied to potentially dangerous officers within Germany should be closely correlated, or even assimilated to a program of restrictive measures to be imposed upon active Nazis, in order to emphasize to German people the nefarious association of these two groups.

c. Potentially dangerous officers as well as active Nazis should be formally deprived for the time being of civil and political rights in accordance with familiar practices of German criminal law (reference Deptel No. 576, Oct 1, 1945 and Depts policy study CAC–298, Treatment and Status of Former Nazis²⁸). Restrictions may also include further measures enumerated in Staff Study under reference.

d. Both restrictive measures and rehabilitation program should be designed to leave so far as possible a stable situation which can be maintained by German Governments following period of Allied occupation.

2. Members of aircraft crews: We concur in no special discriminations.

3. Persons skilled in developing, making, or using missiles, and 4: Persons possessing advanced technical education: Reference is made to final sentence in paragraph 6 of War Dept Message 72620, Oct 3, to Eisenhower from JCS.²⁹ Dept concurs in restrictions mentioned therein, which are applicable re categories 3 and 4. Pending Depts decision on policy re general problem of emigration of Germans, no persons under category 4 should be permitted to leave Germany.

5. Persons arrested and then released pursuant to JCS 1067: We concur in no special restriction.

6. All persons known to be more than nominal Nazis: We concur in your statement, but refer to our comment under point 1 above for Depts further views on depriving active Nazis of civil and political rights (Depts 576, Oct 1).

Byrnes

26. Not printed.
27. Instruction 479, October 22, to Berlin, not printed.
28. With regard to policy study CAC–298, see footnote 98, p. 969.
29. Not printed; this telegram contained instructions concerning policy on control of German scientific and industrial research and teaching. Paragraph 6 stated that German scientists and technologists, other than those subject to arrest, “need be detained only for the purpose of your technological and counterintelligence investigations or research.” The final sentence of paragraph 6 directed that “all scientists and technologists who are not detained and who have been engaged in research for military purposes should be required to report periodically to Military Government authorities in order to prevent their unauthorized departure from Germany and to ensure that they will not engage in prohibited research activities.” (Copy obtained from Department of the Army files.)