740.5/3–2454: Telegram
The United States High Commissioner for Germany (Conant) to the Department of State 1
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2959. For Secretary from Conant and Bruce. We believe situation here so serious it requires your personal intervention. We have just returned from conversation lasting over hour with Vice-Chancellor Bluecher and several of his assistants including his legal adviser.
Bluecher reports events of last two weeks involving French objections to prompt approval constitutional amendment and yesterday’s coupling of it with demands for signature protocols by Chancellor on authority granted by Heuss have received such wide and adverse publicity in Germany that atmosphere embittered. This endangers not only future Franco-German relationship but also prestige Chancellor. This parliamentary opponents as well as public opinion in general will increasingly regard association of two French demands as being blackmail.
Blankenhorn has twice recently urged Chancellor to send word to Bidault asking for meeting on Saar almost immediately after Adenauer’s return here Saturday night. Chancellor apparently unwilling do so unless matter of amendments and protocol signatures first settled. Vice-Chancellor stated governments so weakened by recent developments Adenauer’s ability to carry through his previous intentions re Saar settlement appreciably diminished and his own (Bluecher’s) political standing greatly damaged by apparent impotence of Bonn Government to achieve reasonable arrangement with French on constitutional amendments. Since Bluecher represents FDP Party, ability to hold that party in line for Saar settlement has been materially and adversely affected.
[Page 916]Previous cables have indicated the resentment engendered by failure of AHC to agree to approval of parliamentary action on amendments.2 The calculated Quai d’Orsay leak which couples matter of amendments with demand re nature signature protocols is having serious influence on domestic politics here and threatens to divide coalition parties and even split Chancellor’s own party. State of excitement has been aroused which given nature of German temperament may well explode in undesirable ways with increasing bitterness. We feel resolution of AHC position on amendments must be achieved within 48 hours at latest.
As to protocols, French position clearly unreasonable as Germans insist delegation of authority from Heuss to Adenauer for signature would involve submission to Bundestag which all agree politically impracticable and undesirable. Would also involve whole question of interpretation of Chancellor’s constitutional powers and serve if acceded to as precedent for future demands by a Chancellor for delegation of powers. Adenauer has gone, in our opinion, as far as he can be expected to proceed in offering to sign either as Chancellor or as Foreign Minister. It was clearly stated by French when protocols were submitted to Interim Committee that they were of interpretive nature. It was also understood during action on EDC Treaties taken by other Parliaments that they were of interpretive character only.
Furthermore, it was understanding of all parties to EDC Treaty that manner in which protocols were to be handled by interested government would be done in light of constitutional requirements of each country. The French are now attempting to elevate the protocols to a status where they might be considered amendatory to rather than interpretive of the treaty. This is dangerous even in France.
In view of the urgency of the present dilemma which can only be solved by immediate reversal of present French official attitude, suggest you consider sending telegram today message to be delivered verbatim to Bidault essentially as follows:
“I am deeply disturbed over situation which has arisen in re to AHC approval of recent amendments to German constitution enabling President Heuss to sign the Paris and Bonn Treaties. Since our three governments have always maintained Bonn Government had the power to ratify these treaties in spite opposition case in constitution courts, we have welcomed clarification of constitutional problem by action of Bundestag and Bundesrat. The High Commissioners are now agreed on language of a letter by which AHC may act on these amendments enabling Heuss to sign treaties at once without creating false public impression that Germans are permitted to rearm before EDC comes into effect. The introduction by the French Government of signature of protocols as a pre-condition to French High Commissioner joining [Page 917] with the British and French in this action creates a most dangerous situation and would put all of us in position of trying to defend an impossible case.
“It is our position first that protocols should not be linked with action of AHC on amendments and second that French proposal that President Heuss authorize Chancellor to sign protocols is not in accord with understanding that protocols would be dealt with according to constitutional requirements of each participating nation. Other Parliaments have acted on the assumption that protocols were interpretive and that requirements of each country would be construed by that country in light of its own constitution practices. I am convinced on the basis of reports from London, Paris, and Bonn that unless the AHC acts on constitutional amendments tonight or tomorrow the German situation will have so deteriorated as to make Chancellor’s position on his return so difficult that he will be without authority to proceed even if he wishes to negotiate Saar settlement on basis acceptable to your (French) Government.
“I ask you with the utmost seriousness to consider instructing your Allied High Commissioner to agree with his British and American colleagues at once on vote in favor of AHC action on amendments in exact form which the three Allied High Commissioners were prepared to sign yesterday”.
We have discussed procedural problem with Ambassador Dillon over phone and he agrees only effective course is for him to deliver verbatim text of message from you to Bidault. In our opinion further Saar negotiations impossible until these constitutional amendments settled, and every day’s delay makes atmosphere for final Saar settlement worse.
Have placed phone to you or Merchant this subject this afternoon 5 (11 a.m. Washington time).