862.00/10–2449: Telegram
The Secretary of State to the United States High Commissioner for Germany (McCloy), at Frankfurt
priority
2371. Reurtel 3376 Oct 24 from Frankfort.1 In view numerous exchanges which have taken place, it may be useful restate certain aspects our position on Berlin.
Dept agrees that we shld not push Fr to point where they wld balk but believes we shld push them as far as we can. It seems pointless for them or us any longer to pretend that reunification of Berlin can be accomplished much before reunification of all Ger, or that Western Berlin’s formal integration into Ger Fed Rep wld appreciably deepen real division which has long existed between Western and Eastern Berlin. We cannot agree that Berlin’s incorporation into Fed Rep wld violate Paris agreements or in any way affect our juridical right to remain in Berlin, and Sovs probably know or cld be convinced that our determination to defend our position there is as strong as ever. Dept feels that formal non-inclusion of East Berlin into East Ger Rep was Sov trap to confuse and delay Western action, a trap into which Fr have fallen. Dept feels strongly that Berlin deserves great polit consideration [Page 430] and that West Ger needs Berlin’s democratizing influence. We presume you have already stressed these points with Fr. Dept wld be prepared to use them with Fr Govt directly in reply to its Aide-Mémoire,2 if you think desirable. In view Sept 30 Bundestag Res,3 of which we were not previously aware, we do not feel that Adenauer’s objections merit as much weight as we were previously inclined to give them.
However, given necessity doing something now on Berlin issue, even though recognizing interim quality this action, Dept agrees with your four-point proposed instr to Riddleberger.
Dept has certain reservations about your proposed HICOM Res. There shld be little difficulty about Land status for Berlin if HICOM approves 1948 Berlin Constitution, Art 1, Sec (1) of which states that “Berlin shall be a Ger Land and at same time a city.” Even Fr Aide-Mémoire of Oct 19 [17] does not specifically ask suspension this part of Art 1, though omission was perhaps oversight in view Bérard’s opposition to Land status. We feel you shld support Brit proposal to give Berlin full representation in Bundesrat, but if Fr are adamant you may yield. Dept prefers Brit wording in para 4(a) their proposal (urtel 25 Oct 21 from Bonn4) rather than para (1) of your Res, since words “responsibility of Fed Rep” seem to put Berlin in humiliating dependent status. Re paras (2) and (3) of your Res we feel that Berlin Govt including City Assembly shld have equal voice with Bundestag and Fed Govt on extent to which Fed laws apply to Berlin, and predominant voice in deciding amendments to Berlin constitution. In gen Berlin shld have voice in all Ger decisions made about it.