862.011/10–2348: Telegram

The United States Military Governor for Germany (Clay) to the Under Secretary of the Army (Draper)

confidential
priority

CC–6242. To Dept of the Army Personal for Draper from CINCEUR signed Clay. Regarding your W–90340.1 You are absolutely correct about our policy regarding proportional representation. We have never in the past and do not now favor proportional representation. In the early days we faced this issue and decided that whatever our own preferences might be that both because of Germany’s historical acceptance of proportional representation and the fact that it is widely used in democratic countries all over the world made it impossible for us to maintain that it was so undemocratic as to necessitate its prohibition. In working with the Laender Constitutional [Page 432] Conventions we urged the insertion of 10% clauses to prevent fragmentation of political parties under PR in order that we might mitigate precisely the conditions to which Senators Fulbright and Lucas refer.

Litchfield explained all of this to the Senators and mentioned also that today in the Constitutional Assembly in Bonn there is considerable debate about proportional representation and a real possibility that for future national elections PR will be either eliminated or substantially modified. Insofar as it is consistent with our general policy of adhering to the London agreements regarding the constitution, we are urging the Germans in Bonn to so modify or eliminate proportional representation.

I believe our policy in the past has been sound and believe we should continue to adhere to it. While we do not personally believe in proportional representation we have no authority under the London agreements nor in my judgment would it ever have been wise to have arbitrarily prohibited this system.2

[
Clay
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  1. In his message W–90340, October 6, to General Clay at Berlin, not printed, Under Secretary of the Army Draper explained that Senators Fulbright and Lucas, who had just returned from a visit to Germany, had expressed to him concern about proportional representation. Fulbright and Lucas had gotten the impression that OMGUS authorities favored this principle in connection with the drafting of a German constitution. The Senators feared that proportional representation would play into the hands of the Communists and splinter parties and would obstruct and disrupt the forthcoming German government. Draper had the impression that OMGUS had probably advised against proportional representation. (862.011/10–2348)
  2. In his message W–91403, October 26, to General Clay at Berlin, not printed, Under Secretary Draper replied that this message had been discussed with Secretary Royall, Under Secretary Lovett, and with Senators Fulbright, Lucas, and Hayden. All were in agreement with General Clay’s point of view, but all hoped that every effort, short of directing the Germans, would be made by OMGUS to avoid proportional representation. USPolAd Germany Files, 800 Germany)