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

740.00119 Control (Germany)/9–2545: Telegram

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

Washington, October 1, 1945—8 p.m.

576. Dept appreciates receiving detailed information on election plans contained in urtel 618, Sep 25.

Dept is concerned about intention to allow suffrage to persons liable to arrest or removal from office under denazification program. Whatever the practical difficulties may be, we deem it of utmost importance that all active Nazis as defined by the arrest and removal categories be excluded from suffrage. We recognize that it is not necessary to exclude all former members of the Nazi party, many of whom were merely nominal Nazis.

In our view, active Nazis should be formally deprived for the time being of civil and political rights in accordance with familiar practices of German criminal law. Such deprivation should include forfeiture of suffrage, of eligibility to public or quasi-public office, and of right to be designated as jurors or lay justices, as set forth in Depts CAC⁹⁷–298, Oct. 12, 1944 entitled Treatment and Status of Former Nazis.⁹⁸

It seems to us essential to successful reintroduction of democratic processes in Germany that those elements of the population should be excluded from suffrage who as active Nazis demonstrated their anti-democratic convictions and who may be expected to endeavor as in the past to utilize democratic procedures in order to sabotage democracy.

We urge reconsideration of election plans in this regard and wish you to report further to us on this matter.

Acheson

97. Country and Area Committee, Department of State.

98. This document, not printed, represented the views of the Inter-Divisional Committee on Germany. One of its basic aims was to distinguish between nominal and active Nazis for purposes of treatment during the occupation period because “a severe and uniform disablement would tend to consolidate both elements of the Party in a militant nationalist opposition, which might be so strong as to diminish, if not preclude, the hope of instituting a democratic system and a new orientation in Germany’s foreign relations.”

    An appendix to CAC–298 contained a list of categories of active Nazis. The following definition of an active Nazi was given: “In a general way an active Nazi under the Third Reich may be defined as one who took part in the systematic propagation of National Socialist ideas, helped to formulate Nazi policy or had a major responsibility in its execution, or otherwise worked willingly to promote or to impose the Nazi program.” The number in this category, it was speculated, would probably fall between two and three million, perhaps less than the lower figure taking into consideration deaths incident to the war. Nominal Nazis would number several million. (Secretariat Files)