648.62B3/9–1150: Telegram
The Acting United States High Commissioner for Germany ( Hays ) to the Secretary of State 1
2144. Following letter dated August 24 addressed to Chairman HICOM and referred PolCom for September 8 meeting.
“On 6 July 1950 an agreement was concluded between the governments of the so-called German Democratic Republic and of Republic of Poland accepting the so-called Oder-Neisse line as frontier between Germany and Poland. German translation of this agreement is attached.
Federal Government protests against this agreement on basis of following legal arguments:
[Page 970]According to statements of Allies of 5 June 1945 Germany did not cease to exist as state with its territory as it was on 31 December 1937. The territory east of Oder and Neisse therefore is part of Germany. Even though this area as part of Soviet Zone of occupation was turned over to the Republic of Poland for temporary administration this was done with proviso that changes in territory of Germany could only be made by peace treaty. The government so-called German Democratic Republic has no right to enter into covenants which anticipate the peace treaty and which even at conclusion of peace treaty could only be entered into by government based on free democratic elections and representing the will of the majority of German people. The provisional government of German Democratic Republic in no way possesses this qualification. The government of Federal Republic of Germany therefore considers the above agreement on demarcation of border between Germany and Poland as contrary to law and void.
I should like to ask you, Mr. High Commissioner to bring the above declaration to notice of allied government and of all governments with which the allied powers maintain relations. [Adenauer]”
PolComm deferred action until next meeting September 15 as French not prepared discuss. US member suggested on assumption Chancellor request be approved next meeting that three delegates consider advisability having HICOM or three governments take opportunity to endorse German declaration at time of transmitting text. This suggestion was put forward in connection with paragraph 78 of PEPCO program which suggested “enunciation at appropriate time of Allied policy statement on matter of Germany’s eastern frontiers and former German territories now under Polish administration.”
Adenauer’s request for circulation his government’s [declaration] would seem to afford good opportunity for Allied statement this subject. Specific method conveying Allied views was not discussed PolCom meeting and British and French verbally indicated they would consider US suggestion.
Department reaction to either with indication of preferred method registering Allied statement or protest would be appreciated.2
Pass Moscow priority. Sent Department 2144, London 167, Paris 174, Moscow 23, Warsaw 16.
- The source text was sent as 2144 to the Department of State.↩
- In telegram 2052, September 14, to Frankfort, not printed, the Department of State stated that it perceived “no objection having HICOM restate Allied position that final determination Ger-Pol boundaries must await final peace settlement” (648.62B3/9–1150). In subsequent meetings of the Political Committee on September 15, 22, and 29, however, the French expressed reluctance at a Governmental or High Commission protest and were supported by the British, who suggested that the Federal Government’s letter be transmitted to all governments having missions in Bonn, military missions in Berlin, and all occupying powers. This procedure was adopted on September 29 and the protest note with a High Commission covering letter was dispatched. (Telegrams 146, September 15, and 185, October 3, from Bonn; 2571, from Frankfort, September 25, and 2224, to Frankfort, September 21, none printed, 762A.022/9–1550 ff.)↩