762A.00/6–3051: Telegram
The Office of the United States High Commissioner for Germany to the Secretary of State 1
10702. At recent mtgs HICOM special comite has devoted considerable time to question of extent to which contractual agreements shld seek to ensure maintenance of basic democracy in Ger. We have introduced proposal in substance that contract recite as condition of return of authority to Fed Rep the continuance in Ger of a system of govt which is democratic and federal in character, in which the sovereign power is vested in people and all organs of govt at all levels are subject to their control, individual states are organized as separate independent entities and are vested with exercise of all governmental powers, including police, which are not essential to central admin, and in which individual rights guaranteed by first eighteen sections of Basic Law are recognized and protected, including specific provision against existence of any police or law enforcement agency whose existence is secret or which exercises legislative or judicial powers. A serious Ger violation of this proviso wld, under our proposals relating to methods of enforcement, enable allies to invoke impartial arbitration procedure, in which case disputes commission wld have power inter alia to nullify Ger legislation even amendments to Basic Law which violated proviso. (Our proposals relating to security of allied forces wld also empower allies to take unilateral action in emergencies posing immediate threat to security of allied forces.)
Fr have held out for retention of reserved power in allies to veto amendments to Basic Law which affect system of fed democracy in Ger or Gers international status. Brit wld make no provision for external safeguards against subversion of democracy in Ger other than some provision for right of immediate unilateral action in event of emergency threatening security of allied forces. Fr now show signs of swinging around to our point of view as compromise between their position and Brit.
[Page 1486]In our view while political and moral considerations require some external guarantee against subversion of democratic order in Ger, it is fairer and more consistent with Ger’s new status to implement such guarantee through impartial arbitration. Gers have expressed opposition to continued allied “control of constitution”; while their reaction to such a proposal as ours is unknown, it wld certainly be harder to oppose.
- Repeated to London and Paris.↩