740.5/3–2454
The Secretary of State to Foreign Minister Bidault 1
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 [Page 918] into effect. The introduction by the French Government of signature of protocols as a pre-condition to French High Commissioners joining with the British and Americans 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 constitutional practices.
I shall be glad to urge Adenauer to give his signature the most formal character possible without resubmission of the treaties to the Bundestag. I have been informed by US High Commissioner that he is agreeable to signing the protocols in his capacity either of Chancellor or of Foreign Minister.
I ask you with the utmost seriousness to consider instructing your High Commissioner to agree with his British and American colleagues at once on vote in favor of AHC action on amendments in the form which the three Allied High Commissioners were prepared to sign yesterday.
I know how difficult these days are for you and I would not press my views on this matter unless I felt that the circumstances were really grave.
With best personal wishes,
- Transmitted in niact telegram 3286 to Paris, Mar. 24, with instructions to the Ambassador to deliver it in writing. Repeated to London with instructions to the Ambassador to inform the Foreign Office of its contents “expressing hope Eden may wish take parallel action”.↩