762A.00/8–1651: Telegram

The Acting Secretary of State to the Office of the United States High Commissioner for Germany, at Frankfurt1

top secret

1201. For McCloy from Reber. Current view here is that any reservation of authority to intervene in Germany in event of disruption of rule of law or threat to security involving danger to basic democratic structure Fed Rep wld conflict with US policy and aims as set forth in NSC 115,2 airpouched Aug 13 to King for you, and might create serious polit opposition in Ger particularly if viewed in contrast to liberal provisions Jap Peace Treaty. Formula as suggested in Article 10 HICOG draft gen agreement3 is therefore unacceptable Dept which proposes reserve right to Council of Ambassadors declare state of emergency only in case attack or threat of attack on the terr of Fed Rep or in case security of Allied troops is threatened by public disorders.

This problem will be discussed in Secry’s pre-SanFran briefings probably next week.4 If you have made progress toward formulation of offer assist Fed Govt in event of danger or threat to democratic structure of state as discussed by Council Aug 9, it wld be helpful to have tentative expression your views at earliest opportunity. I have tentatively put forward suggestion that Council Ambassadors might [Page 1515] on request of Fed Govt declare state of emergency in event of serious disruption constitutional order threatening basic democratic structure of Fed Rep. [Reber.]

Webb
  1. This telegram was drafted by Reber, who bad returned to Washington for consultations.
  2. Not printed, but see editorial note, p. 847.
  3. The draft agreement under reference here has not been identified further.
  4. For documention on U.S. preparation for the San Francisco Conference for the signing of a peace treaty with Japan see vol. vi, Part 1, pp. 777 ff.