Foreign Relations of the United States, 1949, Council of Foreign Ministers; Germany and Austria, Volume III

740.00119 Control (Germany)/1–2149: Telegram

The United States Political Adviser for Germany (Murphy) to the Embassy in the United Kingdom

secret
urgent

Berlin, January 21, 1949—2 p.m.

48.¹ Your 47, January 20.² Your request for views of General Clay and myself of eventual effect on German public opinion of the British suggested compromise proposal providing for high court composed of five jurists, one to be appointed by each occupying power and two neutrals, General Clay states he is not disposed to comment in absence of request from Government for his views. In my opinion an estimate at this time of eventual impact on German public opinion of provision for high court thus composed would be highly speculative. Germans, I believe, would judge it within framework of the entire statute. Mr. Schuman accurately said recently that as the Ruhr Agreement³ produced no particular satisfaction in Germany, so also we must expect a similar reaction as regards the future occupation statute.

My fear is that the legalistic document that is being developed for imposition on the Germans as an occupation statute will become a future rallying point for nationalist elements from whom I do not exclude the Social Democrats. At the best, any form of occupation statute reserving powers will be subject to German attack, and only future developments will disclose the volume and virulence of such attack. The latter will, of course, be directed against those Germans friendly to the west who take responsibility, if they do, for accepting [agreeing?] to form a German government under the statute. Their task certainly will not be lightened by the absence from the court of German representation. I think German public opinion will crystallize slowly but surely on this and other items such as the Ruhr statute. The greater the discrimination they manifest against the German people, the better opportunity for the future demagog to expand on injustice and Diktat.

Sent London 48, repeated Department 110.

Murphy

1. The source text is the copy in the Department of State files.
2. Not printed.
3. For documentation relating to the negotiation of the International Authority for the Ruhr, including the text of the draft agreement, December 28, 1948, see Foreign Relations, 1948, vol. ii, p. 448.