862A. 501/7–2850: Telegram
The United States High Commissioner for Germany (McCloy) to the Secretary of State
58. No distribution. Reourtel Bonn to Department 54, repeated Frankfort 60, Berlin 9, dated 28 July.1
Following is verbatim text of letter to Adenauer re establishment of federal police:2
I have the honour to refer to Your Excellency’s letter of 26 April regarding the establishment of a federal police force.
The Allied High Commission has given careful consideration to your request and appreciates the motives which prompted it. It is prepared to lift the ban on [in?] Article 91 paragraph 2 of the basic law and to give approval to the setting up in the different Laender of a mobile police force, totalling 10,000 men, which may be quartered in barracks, to be specially trained and equipped and it could be recruited at large or transferred from existing police forces in the Laender. It is unable to authorize the formation of a federal police force, but the above provisions should realize the police objectives which you have in mind.3
The High Commission is of the opinion that the Federal Government must have assured powers to call out and control these mobile police forces for the duration of any emergency.4 During other periods such mobile forces will be placed under the authority of the Laender [Page 702] governments, subject to such measures necessary to secure uniformity with respect to availability, equipment and training.5 It will be important to provide for machinery to ensure full cooperation in this respect between Land and Federal Governments.
The High Commission would welcome the opportunity to discuss informally with a representative of the Federal Government any proposals for the establishment of a police organization as outlined above at the earliest possible date.” Signed Ivone Kirkpatrick.
Sent Department 58, repeated info Frankfort eyes only for King and Gerhardt 64.
- Not printed; it transmitted a summary record of the 35th meeting of the Allied High Commission (762A.00/7–2750). The minutes and related documentation of this session may he found in the Bonn Embassy Files, McCloy Project: Lot 311: Box 358: D (50) 1842a.↩
- On June 17, the Allied Council appointed a special tripartite committee, which in meetings on June 30 and July 13 considered the views and proposals of each representative on the question of the Federal police. The committee agreed on the text of a letter to Adenauer and transmitted its draft to the respective governments on July 22. The text of this first draft was approved by President Truman and the Department of State on July 24. The British also approved this text, but the French raised certain objections which were referred to the High Commission for resolution. Documentation on these developments is in files 862A.501 and 762A.5.↩
The text of this paragraph in the first draft reads as follows:
“The Allied High Commission has given careful consideration to your request and has decided that it is unable to accept the establishment of a Federal police force. It is nevertheless prepared to lift the ban on Article 91, paragraph 2 of the basic law and to give approval to the setting up in the different Laender of a mobile police force, which should not exceed 10,000 men, which may be quartered in barracks, be specially trained and equipped and which could be recruited at large or transferred from the existing police forces in the Laender”↩
- In telegram 52, July 26, from Bonn, not printed, McCloy reported that the definition of the term “emergency” would be a matter for decision by the Federal authorities depending on the final laws which set forth the circumstances under which the mobile police might be called out by the Federal Republic. (862A.501/7–2650)↩
- The text of this sentence in the first draft reads as follows: “During other periods the Land authorities should exercise maximum control of the mobile forces consistent with central supervision adequate to secure uniformity with respect to availability, equipment and training.”↩