862.00/12–248: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
2860. Two of principal difficulties delaying work of Parliamentary Council at Bonn appear to have been resolved in main committee (Hauptausschuss) sessions this week, namely form of second chamber and question whether Bundespraesident should take office prior to unification of all Germany.
By vote of 16 to 1 committee agreed to creation of a pure Bundesrat constituted on following basis: deputies will be appointed by Laender governments and will be subject to recall by them. Laender having population under two million will contribute three deputies; those having between two and six million, four deputies; those having more than six million, five deputies. Berlin was specifically included in membership of Bundesrat on same basis as western Laender. Compromise reached between major parties was evident in agreement on distribution of legislative powers between Bundesrat and Bundestag (lower chamber). Bundesrat will have equal legislative powers with Bundestag on (1) taxes, when revenue belongs only to Laender and communities or when revenue shared by Bund and Laender; (2) finance equalization; (3) establishment of new Bund agencies; (4) changes in competence Bund vis-à-vis Laender. Bundesrat will have veto right on all other legislation but Bundestag will be able to override veto by two-thirds majority. Laws amending constitution will require two thirds majority in both chambers. Such laws will be promulgated 2 weeks after passage and during this period one third of members of both chambers can demand popular referendum.
Article 75, providing for election of a Bundespraesident of western German union by a National Assembly, was carried by 11 SPD, FDP and KPD votes against nine CDU and Deutschepartei with Zentrum members abstaining. Thesis that Bundespraesident should not be elected until unification of all Germany achieved was thus rejected by slim majority.
Reaction to tripartite aide-mémoire (my airgram A–887, November 231) was mixed, with some initial resentment shown. Parliamentary Council finally adopted an SPD motion stating that Council saw in aide-mémoire a detailed explanation of Military Governors document No. 1 and that it was willing to carry on its work on basic law in accordance with mandate given it by German people. Some delegates expressed doubt as to Allied wisdom in formally presenting [Page 448] aide-mémoire at this time on ground that it might discredit federalism by demonstrating to the German people that adoption of this concept came as result of pressure from occupying powers rather than from German members of Parliamentary Council.
Ministers President of three western zones presented a memorandum to President of Parliamentary Council December 1 emphasizing importance of creating a truly federal state and welcoming move by Parliamentary Council to speed up its work.
Present schedule anticipates first reading of draft constitution in main committee by December 6 and second reading by December 8.2 Plenary session of Parliamentary Council expected to complete first reading about December 15. Council then expects to adjourn over Christmas holidays. Delegates reportedly hope that occupation statute will be made available to Council before subsequent readings in early January.
Sent Department 2860 pouched London Paris.