740.00119 Council/12–147: Telegram

The United States Delegation at the Council of Foreign Ministers to President Truman, the Acting Secretary of State, and Others

confidential
urgent

6272. Delsec 1514. For the President, Vandenberg, Connally, Eaton, Bloom and Lovett. Sixth CFM meeting, December 1, Molotov presiding, continued the exchange of views on procedure to be followed in preparing the German peace treaty. The ministers again discussed the question of whether the existence of central German government should be prerequisite to calling German peace conference. No agreement was reached and the subject will be brought up later.

The discussion turned to a clause drafted by the US providing that the Council would draw up the final text of the peace treaty, taking into consideration the recommendations of the peace conference which are supported by a two-thirds vote of those present and voting and the other recommendations which are supported by a majority of those present and voting at the conference.93 Bidault accepted this clause, but added the reservation that French acceptance depended on a satisfactory CFM decision regarding the composition of the peace conference. Bevin reserved his position, but said he would reply tomorrow. Molotov accepted the clause in principle.

Marshall, Bevin and Molotov agreed that the peace treaty should be signed by a German government adequate for the acceptance of the [Page 742] treaty, but Bidault reserved his position until the CFM decides when a central German Government is to be formed. Discussion of a clause94 agreed to by the UK, USSR and France, stating that the peace treaty will be presented to the other United Nations who are in a state of war with Germany was postponed after Marshall asked that it be brought up when the composition of the peace conference is considered.

Marshall, Bidault and Bevin agreed that the German constitution should provide that all powers thereunder be exercised subject to and in accordance with the peace settlement.95 Molotov objected to the clause as an impairment of the sovereignty of a future democratic peace loving and independent Germany which he expected would exist after the end of Four-Power occupation. Marshall suggested the clause be referred to drafting committee to clarify the meaning. He said the Soviet position was based on a misunderstanding of an intention to do no more than make the peace treaty part of basic German law. Both Marshall and Bevin strongly denied Molotov’s contention that this clause would transform Germany into an Allied colony. Molotov maintained his objection and the Council agreed to continue tomorrow the discussion of procedure.

Repeated to Moscow, Paris, Berlin, Vienna and Rome.

  1. Under reference here is a clause proposed by the United States for Part I, paragraph 5 of CFM(M) (47)125, April 12 (and CFM(D) (L) (47) (G)78 rev.). For the text, which was subsequently approved by the Council at its 7th Meeting, December 2, see footnote 14, p. 454.
  2. Unagreed clause in Part I, paragraph 6 of CFM(M) (47)125, (and CFM(D) (L) (47) (G)78 rev.), p. 455.
  3. Reference to the unagreed clause in Part I, paragraph 7 of CFM(M) (47)125, p. 455.