740.00119 Control (Germany)/7–2648: Telegram

The United States Political Adviser for Germany (Murphy) to the Secretary of State

secret
priority

65. I attended meeting at Frankfurt of three Military Governors with 11 Ministers President Western Zones.1 Agenda included German answers to proposals made by Military Governors under London decisions.2 Minister President Stock as German chairman stated that Ministers President welcomed chance to discuss entire problem and are willing and eager to create an organization for the economic and pool reconstruction of Western Germany. They are also willing and eager to reach agreement with Military Governors. Minister President Arnold of North Rhine Westphalia and Minister President Luedemann of Schleswig Holstein were assigned to present German statements regarding documents one and two respectively.

Arnold stated German eagerness for prompt solution and immediate launching into discussion of question of ratification of basic constitutional [Page 411] law by popular referendum. Stated question of greatest importance and Germans also of opinion referendum should be carried out on as broad a popular basis as possible. Germans have, however, serious reservations because if basic law is put to referendum it will develop an ugly and, in his opinion, electoral campaign. [sic] According to Arnold, Communist and destructive elements will exploit campaign to embitter controversy between East and West Germany. Communists will assert in public rallies that issue is not of German law but allied imposition. This may deteriorate into a vote against the occupying powers. Extremist and destructive elements might unite in voting down law and a vote of one-third would be sufficient to defeat measure. This would mean repudiation of law [of both] Coblenz and London and would be catastrophic not only for Germany but for whole of Europe. However, Arnold said Ministers President are in fundamental agreement that this law should be accepted on broadest possible popular basis. He stated that members of state parliaments have been elected by secret popular vote and are democratic representatives of German people. If Landtage accept law by large majority Germans feel popular base would be sure. This takes care both of interests of Military Government and German people. He stated also that Germans have no objection to adding to the terminology “basic law” additional title of “provisional constitution” as all are agreed that whole structure will have to be provisional. In Arnold’s opinion changes suggested can be made to accord with London decisions.

Minister President Luedemann then discussed question state boundaries and replying to questions whether Minister President recognize need for changes and if so what recommendations they wish to make stated that the first question is answered in the affirmative and that they did desire to make recommendations. He raised a question regarding the date on which the recommendations would be made, referring to the date of September 1 for the projected directions to the Constituent Assembly and pointed out that only about 4 weeks remain for delineation of boundaries. This period in German opinion is too short. For that reason Coblenz meeting proposed elections to Assembly by Landtag instead of popular vote and on basis of one delegate per 750,000 population. We assume there is agreement on that point but it has not yet been stated. Luedemann also informed Military Governors that a special commission, to handle boundaries problem has been set up and would commence its work tomorrow.

Minister President Brauer made declaration to the effect that attitude of all Ministers President toward London agreements is positive and that Ministers President are urgently interested in speedy implementation of London. Germans feel that if these measures not taken it will endanger ERP and German reconstruction and it lies in German interest to arrive at rapid solution. Difficulties lie only in mechanics [Page 412] and not in the goal. Germans are prepared not to make an issue of these questions if compromising entire plan is risk. Stated Germans would like to reach agreement today within the framework of Military Governors instruction and relieve state of uncertainty.

After consultation Military Governors informed Ministers President that they were not in a position to agree to deviation from London agreements with reference of questions back to governments and that this actually would entail delays. Germans were advised that if such reference were made Germans would be informed of replies from governments at earliest possible moment. German Chairman Stock inquired as to what points deviated and Koenig replied (1) question of referendum; (2) name of basic law; (3) time limit for recommendations regarding state boundaries.

At this point and as promised me informally by Minister President Ehard of Bavaria, latter speaking in behalf of Ministers President stated that it was not German intention to end conversations in this fashion. Germans wanted to explain the reasons for the attitude they took at Coblenz and to learn whether Military Governors were able to approve these reasons or not. They had had honest doubts regarding the dangers inherent in a popular referendum and believe that their preference for the name of the basic law was justified and also thought that additional time was necessary to translate the recommendations regarding land boundaries. However, they were as eager as Military Governors for progress and willing to accept proposals rather than provoke further delay. Ehard was followed by Minister President Kaisen of Bremen who announced German acceptance of the London agreements with the request that the German observations on the points made regarding referendum be conveyed to governments but that Germans would if authorized start the immediate implementation of the London agreements.

After further consultation Koenig announced on behalf of Military Governors that no difficulty is seen regarding the title of the basic law provisional constitution and that the observations of the Ministers President regarding the referendum question and that time limit for the recommendations regarding state boundaries should be conveyed to governments. Authorization was then given Ministers President to proceed with implementation London agreements. A joint communiqué by Ministers President and Military Governors repeated in following telegram was approved.3

Sent Department 65; repeated London 21, Paris 28.

Murphy
  1. The same persons were present for this (Third) meeting of the Military Governors and Ministers President as were present for the Second Meeting, July 20 (see the American minutes of that meeting, p. 403). The full text of the minutes of this (Third) meeting, designated document MGMP/M(48)3, July 26, is printed in Litchfield, Governing Postwar Germany, pp. 552–561, or Documents on the Creation of the German Federal Constitution, pp. 45–49. A substantially complete text of these minutes appears in Ruhm von Oppen, Documents on Germany, pp. 322–330.
  2. The proposals of the Military Governors, the so-called “German Documents” or “London Documents”, are those described in the editorial note, p. 380. The texts of the replies of the Ministers President, prepared at their conference at Koblenz, are printed on pp. 385, 392.
  3. Telegram 66, July 26, from Frankfurt, not printed. For the text of the communiqué issued to the press, see Ruhm von Oppen, Documents on Germany, p. 330 or Documents on the Creation of the German Federal Constitution, p. 49.