Sir N. Henderson to Viscount Halifax. No. 102. Saving (Telegraphic) En clair. MY telegram No. 120
(Received March 18)
Berlin, March 16 1939.
Following is the text of a decree, dated 16th March, issued by , Herr Hitler regulating the status of the Protectorate of Bohemia and Moravia:—
For ten centuries the Bohemian-Moravian lands belonged to the living space of the German people. Force and lack of understanding arbitrarily tore them from their old historical surroundings and finally created a source of permanent unrest by incorporating them within the artificial edifice of Czecho-Slo-vakia. From year to year the danger that a new, appalling menace to European peace would emanate, as had happened once before in the past, from this living space, increased. For the Czecho-Slovak State, and those in potver there, had not succeeded in properly organizing the existence side by side of the national groups arbitrarily united within its boundaries and had thereby failed to awaken the interest of all concerned in the maintenance of their common State. It has thereby proved its inmost incapacity to exist and has for this reason now also fallen into actual dissolution.
The German Reich, however, cannot tolerate permanent disturbances in these territories that are so all-important to its own peace and security and also so important to the general well-being and universal peace. Sooner or later the Reich, as the Power most interested and affected, by history and geographical position, would have to suffer the most serious consequences. Selfpreservation, therefore, requires that the German Reich should be determined to intervene decisively in favour of the restoration of a basis for a reasonable Central European order and should take the requisite measures. For it has already proved in the course of its historical past of a thousand years that it alone, thanks to its greatness and to the qualities of the German people, can be called upon to solve these tasks.
Filled with the earnest desire to serve the true interests of the peoples domiciled in this living space, to guarantee the individual national life of the German and of the Czech peoples, to benefit peace and the social welfare of all, I therefore decree the following, in the name of the German Reich, as the basis for the future existence in common of the inhabitants of these territories :—
Article I
1. The territories which formed part of the former Czechoslovak Republic and which were occupied by German troops in March 1939 belong henceforth to the territory of the German Reich and come under the latter's protection as the "Protectorate of Bohemia and Moravia."
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2. In so far as the defense of the Reich demands, the Leader and Chancellor shall take measures differing from the above in respect of individual parts of these areas.
Article II
Inhabitants of the protectorate of German race shall become German nationals and German citizens in accordance with the provisions of the Reich Citizenship Law of the 15th September, 1935 (Reichsgesetzblatt I, Ts 1146). The provisions with regard to safeguarding German blood and German honour shall therefore also apply to them. They shall be subject to German jurisdiction.
2. The remaining inhabitants of Bohemia and Moravia shall be nationals of the Protectorate of Bohemia and Moravia.
Article III
1. The Protectorate of Bohemia and Moravia is autonomous and self-administering.
2. It shall exercise its sovereign rights within the scope of the protectorate in consonance with the political, military and economic importance of the Reich.
3. These sovereign rights shall be represented by its own organs, authorities and officials.
Article IV 1
The head of the autonomous administration of the Protectorate of Bohemia and Moravia shall enjoy the guard and honours of the head of a State. The head of the protectorate must possess, in order to exercise his functions, the confidence of the Leader and Chancellor of the Reich.
. Article V
1. As trustee of Reich interests the Leader and Chancellor of the Reich shall nominate a "Reich Protector in Bohemia and Moravia." His seat of office will be Prague;
2. The Reich Protector, as representative of the Leader and Chancellor of the Reich and as Commissioner of the Reich Government, is charged with duty of seeing to the observance of the political principles laid down by the Leader and Chancellor of the Reich.
3. The members of the Government of the protectorate shall
be confirmed by the Reich Protector. The confirmation may be withdrawn. .
4. The Reich Protector is entitled to inform himself of all measures taken by the Government of the protectorate and to give advice. He can object to measures calculated to harm the Reich and, in case of danger, issue ordinances required for the common interest.
5. The promulgation of laws, ordinances and other legal announcements and the execution of administrative measures and legal judgments shall be annulled if the Reich Protector enters, an objection.
TC—51
Article VI
1. The foreign affairs of the protectorate, especially the protection of its nationals abroad, shall be taken over by the Reich. The Reich will conduct foreign affairs in accordance with the common interest.
2. The protectorate shall have a representative accredited to the Reich Government with the title of a "minister".
Article VII
1. The Reich shall accord military protection to the protectorate.
2. In the exercise of this protection the Reich shall maintain garrisons and-military establishments in the protectorate.
3. For the maintenance of internal security and order the protectorate may form its own organizations. The composition, strength, numbers and arms shall be decided by the Reich Government.
Article VIII
The Reich shall control directly the transport, post and telegraph systems.
Article IX
The protectorate shall belong to the customs area of the Reich and be subject to its customs sovereignty.
Article X
The crown is legal tender, together with the reichsmark, until further notice.
2. The Reich Government shall fix the ratio of one to the other.
Article XI
1. The Reich can issue ordinances valid for the protectorate in so far as the common interest requires.
2. In so far as a common need exists, the Reich may take over branches of administration and create its own Reich authorities therefor as required.
3. The Reich Government may take measures for the maintenance of security and order.
Article XII
The law at present existing in Bohemia and Moravia shall remain in force so long as it does not conflict with the principle of the assumption of protection by the German Reich.
Article XIII
The Reich Minister of the Interior shall issue, in agreement with the other Ministers concerned, the administrative and legal regulations for the execution and amplification of this decree.
Hitler Ribbentrop
Frick Lammers
Prague, March 16.
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Cover note and the text of Hitler's decree on Bohemia and Moravia (Czechoslovakia), establishing the protectorate within the Reich, German citizenship for those of "German race," and the governmental and administrative system for the protectorate
Authors
Neville Henderson (Sir, British ambassador to Germany (1938))
Nevile Henderson
British diplomat
- Born: 1882-06-10 (Nuthurst)
- Died: 1942-12-30 (London)
- Country of citizenship: United Kingdom
- Occupation: diplomat
- Member of political party: Conservative Party
- Position held: Member of the Privy Council of the United Kingdom; ambassador of the United Kingdom to Argentina (period: 1935-01-01 through 1937-01-01); ambassador of the United Kingdom to Germany (period: 1937-01-01 through 1939-01-01); ambassador of the United Kingdom to Yugoslavia (period: 1929-01-01 through 1935-01-01)
- Employer: Foreign Office
- Educated at: Eton College
Adolf Hitler (Fuehrer, Reich Chancellor, Supeme Commander of Wehrmacht)
Adolf Hitler
Austrian nationalized German politician, leader of the National Socialist party and dictator of Germany (1889-1945)
- Born: 1889-01-01 1889-04-20 (Braunau am Inn) (country: Austria-Hungary; located in the administrative territorial entity: Archduchy of Austria above the Enns; statement is subject of: Adolf-Hitler-Geburtshaus)
- Died: 1945-04-30 (Berlin Führerbunker) (country: Nazi Germany; located in the administrative territorial entity: Berlin; statement is subject of: death of Adolf Hitler)
- Country of citizenship: Cisleithania (period: 1889-04-20 through 1918-11-11); First Republic of Austria (period: 1919-01-01 through 1925-04-30); Nazi Germany (end cause: death of Adolf Hitler; period: 1933-01-30 through 1945-04-30); Republic of German-Austria (period: 1918-01-01 through 1919-01-01)
- Occupation: painter (statement is subject of: paintings by Adolf Hitler); political writer; politician (reason for preferred rank: generally used form); soldier
- Member of political party: German Workers' Party (period: 1919-09-12 through 1921-07-11); Nazi Party (series ordinal: 556)
- Member of: Nazi Party
- Participant in: Aktion T4; Beer Hall Putsch; The Holocaust; ethnic cleansing
- Significant person: Albert Speer; Benito Mussolini; Eva Braun; Joseph Stalin
Wilhelm Frick (Minister of the Interior; chief of Nazi delegation, Reichstag; admin. Plenipotentiary)
Wilhelm Frick
German Nazi official (1877-1946)
- Born: 1877-03-12 (Alsenz)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; lawyer; politician
- Member of political party: German Völkisch Freedom Party; National Socialist Freedom Movement; Nazi Party
- Member of: AGV München; Thule Society
- Participant in: Aryanization; Beer Hall Putsch; International Military Tribunal (role: defendant)
- Position held: Protectorate of Bohemia and Moravia (period: 1943-08-24 through 1945-05-04; replaces: Konstantin von Neurath); Reichsminister des Innern (period: 1933-01-30 through 1943-08-20; replaced by: Heinrich Himmler; replaces: Franz Bracht); member of the Reichstag of Nazi Germany; member of the Reichstag of the Weimar Republic
Joachim Ribbentrop, von (Minister for Foreign Affairs (1938-45))
Joachim von Ribbentrop
German Foreign Minister of Nazi Germany (1893–1946)
- Born: 1893-04-30 (Wesel)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; politician
- Member of political party: Nazi Party
- Member of: Schutzstaffel; Travellers Club
- Participant in: International Military Tribunal (role: defendant)
- Military rank: Oberleutnant
Hans H. Lammers (Dr., Chief of Reich Chancellery)
Hans H. Lammers
German jurist, Nazi politician, and Head of the Reich Chancellery (1879-1962)
- Born: 1879-05-27 (Lubliniec)
- Died: 1962-01-04 (Düsseldorf)
- Country of citizenship: Germany
- Occupation: judge; jurist; lawyer; politician
- Member of political party: German National People's Party (until: 1932-01-01); Nazi Party
- Member of: Schutzstaffel
- Participant in: Ministries Trial (role: defendant); Nuremberg Medical Trial (role: affiant, witness)
- Significant person: Adolf Hitler (role: superior); Karl Brandt (role: colleague)
Date: 16 March 1939
Literal Title: No. 145[.] Sir N. Henderson to Viscount Halifax . . . Berlin, March 16 1939.
Defendants: Wilhelm Frick, Joachim Ribbentrop, von
Total Pages: 4
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: TC-51
Citation: IMT (page 947)
HLSL Item No.: 450658
Notes:Henderson sent the text to Halifax in England. The decree was signed by Hitler, Frick, Ribbentrop, and Lammers.
Document Summary
TC-51: Text of Decree by Hitler, dated 11 March 1939, regulating the status of the Protectorate of Bohemia and Moravia.
Text of Decree by Hitler, dated 11 March 1939, regulating the status of the Protectorate of Bohemia and Moravia.
Decree of Fuehrer and Reich Chancellor establishing the Protectorate of Bohemia 38 and Moravia, 16 March 1939.