740.00119 Council/5–1749: Telegram

The Secretary of State to the Embassy in France

top secret

1681. For Jessup. Dept does not understand proposals your 2017, May 171 re alternative procedures for accession of East zone Laender to Bonn constitutional system.

One procedure would be new free elections for new state govts in Eastern zones; ratification of constitution by newly elected Eastern zone Landtage; free elections by Eastern states to choose reps to lower house of federal republic.

As alternative, after new and free state govts had been elected under supervision and had expressed desire to accede to Basic Law, new gen elections for federal lower house cld be held throughout all German states, if such procedure acceptable to leaders of Federal Republic.

Under procedure cited your Tel 2017 as preferable, fresh Landtage elections would be required in all four zones to be followed by ratification of constitution for united Germany by newly elected Landtage. In this way would not the Western German Laender be ratifying the constitution twice? On assumption that Basic Law will not essentially be changed in extension to all of Germany, double ratification by Western German Laender would seem objectionable.

Also while new gen elections throughout Germany for federal lower house might be regarded as first concession, gen elections for Landtage wld in our opinion be considered as possible further concession, subject particularly to Ger approval, since such new Landtage elections wld conflict with provisions of established Land constitutions in Western zone.2

Acheson
  1. Ante, p. 881.
  2. In telegram 2073, May 20, from Paris, not printed, Jessup reported that the agreed tripartite paper on the accession of the East Zone Laender was in general accord with the views expressed in this telegram. (740.00119 Council/5–2049)