740.00119 Council/5–2649: Telegram
The Acting Secretary of State to the United States Delegation at the Council of Foreign Ministers
Secdel 1619. For Ambassador Murphy from Byroade. Dept approves (Delsec 1796, May 261) your draft recommendations re administrative reunification Berlin subject to following comments.
Dept assumes newly constituted Kommandatura not to be considered as reconstitution of former four-power organ operating under authority Control Council and subject to being over-ruled by latter. Believe this point should be made clear.
Agree re para 3 system of appeals requires modification. Believe system suggested for appeal to coordinating body for all Germany, while not essential, might be supported if proposed. Action of such body should be by majority vote and not suspend Kommandatura decisions for more than 30 days.
Dept concurs your suggestion Art. 18, para 4 of Berlin temporary constitution be amended to authorize forwarding resolution to Kommandatura instead sector military commandant.
Clay fully concurs with above comments but only on condition of a unified Germany. He holds strong opinion that a unified Berlin in a split Germany, even under some agreed modus, vivendi, would be unworkable and to our disadvantage. He also considers such a move would be most unpopular with West Berliners who, in event of continued split, would desire to remain affiliated with the West.
Unable to obtain McCloy’s views as he is out of town.