Foreign Relations of the United States, 1949, Council of Foreign Ministers; Germany and Austria, Volume III

862.00/10–2449: Telegram

The United States High Commissioner for Germany (McCloy) to the Secretary of State

secret
priority

Frankfurt, October 24, 1949—7 p.m.

3376. Returning from Paris¹ I have considered Deptel 2253 of October 20² and also French and British proposals on Berlin reported in Bonn’s 26, of October 21 (to Department as 25³). As Department will note from Bonn’s 25 of October 21 [to Frankfurt],⁴ Adenauer made plain his opposition to Berlin as a twelfth Land and I, together with Robertson, also made clear our position that Adenauer should not ascribe any failure on part of Federal Republic to act on Berlin as resulting from failure of Council to act as latter has never been requested for its views by Federal Government. Therefore I think this position is clear. My general attitude is that although we need all the attachment we can get between Berlin and West Germany, we should not push Federal Government beyond point where it is willing to go, nor to a point where French will definitely balk if that can be avoided. UK proposal raises complicated juridical problems whose answers I do not clearly see. In proposed meeting of political advisers this week I will therefore instruct Riddleberger to take following position which I enumerate in terms of French aide-mémoire:⁵

1. We will advocate establishment of federal government missions in Berlin but will go beyond purely economic missions. Schuman indicated to me in Paris that he might agree to this.

2. Solicitude of the three governments for Berlin has already been proclaimed by High Commission as reported in Bonn’s 26.

3. We shall oppose any declaration maintenance of suspension of Article 23.

4. We shall agree to approval of Berlin’s constitution of 1948 with amendments as required to bring it into conformity with basic law and these instructions.

In addition, and in order to link Berlin as closely to Federal Republic as possible without raising such thorny legal problems as representation in Bundesrat which under basic law as I read it is confined to Laender, I plan to propose that High Commissioners agree upon a resolution in somewhat the following form for presentation to Adenauer as a possible manner of proceeding: “Resolved: (1) That the Federal Republic of Germany considers that Berlin is a responsibility of Federal Republic and that Federal Government is authorized to expend monies for the assistance and support of Berlin and the maintenance in Berlin of democratic government and institutions; (2) That the Bundestag may by appropriate legislation determine the extent to which Federal laws shall be applicable in Berlin and the terms and conditions on which the Federal Government shall extend aid and support to Berlin; and (3) That the proposed 1948 constitution of Berlin shall be approved with such modifications as the Federal Government shall determine to be necessary or advisable in order to carry out the purposes of this resolution and to bring it into conformity with the basic law of the Federal Republic.”

With respect to final paragraph of Deptel 2253, I am certain you will realize difficulty of making an accurate estimate on effect of Berlin’s inclusion on position of coalition government, particularly given the terms of the electoral law. In Berlin elections of December 1948 the SPD received approximately 64 percent, CDU 19 percent, and FDP 16 percent. Various opinions have been expressed re percentages of any new election but most estimates indicate that SPD would drop close to 50 percent with gains going both to CDU and FDP. Translated into representatives in Bundestag, this would mean that SPD would probably have 12 or 13 members and the CDU and FDP about 10. This would not upset the present Bonn coalition. If, however, SPD were to get 60 percent of Berlin vote the party might have as many as 145 seats in Bundestag as contrasted with 144 for CDU. Although SPD would then have strongest party it is still doubtful if it could find sufficient coalition partners to get majority. I emphasize that foregoing is only speculation based on Berlin situation as seen at present. Such local factors as the Friedensburg flare-up⁶ might affect CDU strength. Re possible debate in Bundestag on Berlin, following resolution was passed by Bundestag on 30 September: “The Bundestag acknowledges Berlin as the democratic outpost of Germany. It declares solemnly that according to the will of the German people Great-Berlin shall be a part of the Federal Republic of Germany and in the future its capital. The Bundestag acknowledges explicitly Article 23 of the basic law of the Federal Republic of Germany and in its current work will draw the pertinent conclusions. The Bundestag asks the Allied powers to review their standpoint once again and to relinquish their objection against the unlimited application of Article 23. The Bundestag orders the Federal Government to take appropriate steps at the competent Allied headquarters and to report to the Bundestag about the outcome.” The Chancellor has not, however, to date brought this resolution before the High Commission.

Sent Department 3376; repeated London 217, Paris 253; Department pass Moscow 32.

McCloy

1. McCloy had been in Paris attending a meeting of various Ambassadors and Department of State officials, October 21–22, at which Germany, inter alia, was discussed. For documentation relating to the meeting, see p. 287.
2. Ante, p. 421.
3. Supra.
4. Not printed; it reported the decisions reached by the Allied High Commissioners at their meeting on October 20 and summarized Adenauer’s views on the status of Berlin following his conversation with officials and businessmen from the city. (740.00119 Control (Germany)/10–2149)
5. Regarding the French aide-mémoire of October 17, see telegram 2253, October 20, p. 421.
6. Under reference here was the dissatisfaction of the Berlin CDU with Deputy Mayor Ferdinand Friedensberg, who was reported to have been advocating policies and making statements not in agreement with the city assembly’s position on incorporating Berlin in the Federal Republic.