740.00119 Control (Germany)/11–1748: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
266. Personal for Saltzman and Hickerson. I attended at Frankfurt yesterday a meeting of the three Military Governors for a discussion of the following subjects:2
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4. Koenig also discussed draft of provisional constitutional law, but suggested that the time had come to tell the Parliamentary Council at Bonn that it is taking the wrong road, that is, attempting to concentrate excessive powers particularly in finance field, in central government.3 [Page 441] Koenig also raised the question of the participation of Berlin. There was a lengthy discussion regarding the method which should be employed to insure that the German text as it eventually emanates from Bonn will be within the framework of the London agreement. General Clay pointed out that apart from the scanty information given to the Germans on July 1, they had never been adequately informed regarding the substance of the London agreements relating to this question. Robertson recommended that the Military Governors meet with the representatives of the Parliamentary Council for the purpose of informing them specifically regarding the features of Annex H, but this was disapproved and it was agreed that the political advisers should prepare an unsigned aide-mémoire in the form of guide and which would include paragraphs (A) to (F) Annex H.
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8. Basic law (provisional constitution).4 There was a lengthy discussion of some features of the preliminary basic law text, particularly Article 47 regarding political parties and Article 62 regarding civil servants. British are particularly concerned regarding the question whether civil servants would be authorized under the new German constitution also to serve in the legislative branch. Robertson suggested that the Military Governors instruct the committee on administration of legislature to prepare a military government law which would prohibit civil servants being seated in legislatures. Koenig agreed and Clay agreed in principle subject to further study. It was agreed that this item would be included in the aide-mémoire to be left with the Parliamentary Council by the Military Governors.
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- For another portion of this telegram, reporting on the discussion of limited and prohibited indutries in Western Germany, see p. 832.↩
- For portions of General Clay’s report on this meeting dealing with the discussion of the work of the Committee on Allied Controls and the Tripartite Working Party on the Occupation Statute, see message CC–6781, November 18, from General Clay, p. 630. Clay’s message also includes a report on the brief consideration by the Military Governors of a proposal to send to the Parliamentary Council a précis of the draft occupation statute.↩
- Under consideration at this point was document TRIB/P(48)6, November 13, “Comparison of Letter of Advice to Military Governors with the first draft of the Basic Law”, a report of the Liaison Officers of the Military Governors to the Parliamentary Council. A copy of this document was transmitted to the Department of State by Ambassador Murphy as an enclosure to his letter of November 17 to John D. Hickerson, neither printed (740.00119 Control (Germany)/11–1748). The “Letter of Advice” referred to here is document TRI/15 (Final), May 12, p. 240, which was appended to the Report of the London Conference on Germany, June 1, p. 309, as Annex H.↩
- Under consideration at this point was document TRIB/P(48) 8, November 13, “Preliminary
Comments on the First Draft of the Basic Law”, a report prepared by
the Liaison Officers of the Military Governors. A copy of this
report was transmitted to the Department as an enclosure to
Ambassador Murphy’s November
17 letter to John D.
Hickerson, neither printed (740.00119 Control
(Germany)/11–1748).
The first draft of the basic law was passed by the Main Committee of the Parliamentary Council in first reading between November 11 and December 10. This first draft together with summary presentations of the main German political parties and their votes, OMGUS and tripartite views and comments on specific articles, and comparisons with corresponding parts of the Weimar Constitution were prepared as a booklet by the Civil Affairs Division of OMGUS. A copy of this booklet is included in the files at 862.044/1–1949.
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