662A.00/7–952: Telegram

No. 553
The United States High Commissioner for Germany (McCloy) to the Department of State1

secret

107. Dept pass Moscow. While in Bonn for conclusion of contractuals, Secy stressed importance of promptly protesting Sov harassments and of followup in Moscow if satis not obtained. Subsequently in Paris tripartite agrmt was reached on procedures to be followed,2 [Page 1278] and auth was delegated to HICOMers to protest in Berlin without ref to govts.

During past six weeks numerous protests have been made at various levels both in AHC and Kommandatura. While evaluation of results achieved necessarily must be highly speculative, we believe protests have served useful purpose in publicizing Sov actions and contrasting them to Sov professions re Ger unity, etc, and that, furthermore, protests probably contributed to confinement of Sov actions within area of specious legality. On other hand, we do not believe that protests have produced any important changes in Sov tactics and timing, and it can scarcely be said that any appreciable satis has been obtained by us.

We have now, with respect to certain actions, come to point where it seems that further protests at present levels cannot be expected to prove very productive. We have, in fact, in these cases probably reached point of diminishing returns inasmuch as further protests will only serve to underscore our impotence and our inability to obtain satis. A specific case in point is MP autobahn patrols (Berlin tel 25 to Bonn July 3, rptd Dept 22 and London, Paris, Moscow unn3).

In conformity with decisions cited in first para above, we believe that all-inclusive identic notes from three govts might be delivered Moscow soon after July 10 note4 unless Dept believes it undesirable to have second note follow too closely on heels of first. Our tentative view is that protest note shld seek to indict Sovs on broad charges of dividing Ger, restricting Allied right of access to Berlin, and inflicting unwarranted hardships on Berlin and Sov Zone population. In support of these charges we wld cite the many actions which have already been subj of Allied protests and such other harassments as appear worthy of mention. Despatch of note to Moscow wld not, of course, affect our present practice of promptly protesting at appropriate levels new Sov actions as they occur and wld not preclude further correspondence on other cases when considered appropriate.

Before discussing this proposal with Brit and Fr, we wld appreciate receiving Dept’s views.

McCloy
  1. Repeated to London, Moscow, Paris, and Berlin.
  2. See telegram 924, Document 540.
  3. Telegram 25 transmitted the text of a letter from Chuikov to McCloy, dated July 2, which refused to cancel the Soviet restrictions on military police patrols. (762.0221/7–352)
  4. Document 124.