Foreign Relations of the United States, 1950, Central and Eastern Europe; The Soviet Union, Volume IV

762A.00/5–2550: Telegram

The United States High Commissioner for Germany (McCloy) to the United States Commander, Berlin (Taylor)

secret   niact

Bonn, May 25, 1950—4 p. m.

121. For Page and General Taylor. Re Department’s 46 to Bonn May 24, repeated Frankfort 366, Paris 236, London 2490, Berlin 206.¹

You are requested prepare and deliver to General Chuikov tonight (25 May) following communication:

“Dear General Chuikov: Throughout the five year period during which our two governments have participated in the occupation of Germany, repeated efforts have been made to effect the political and economic unity of the country. The matter was recently reviewed again by the Foreign Ministers of the United Kingdom, France and the United States at London. Their conclusions on the matter of German unification and the manner in which it might be accomplished are attached.² This document has been transmitted to the Chancellor of the German Federal Republic.³

You will note that the Ministers agreed that the formation of an all-German Government on the basis of the principles set forth in their statement would prepare the way for a peace settlement with Germany. In this connection you will also have noted that in the public communiqué released by the Ministers on 14 May,⁴ it was stated that the Western Powers did not contemplate the conclusion of a separate peace treaty with the Federal Republic; one consideration in the formulation of this conclusion was that the Western Powers believe that a separate peace treaty with one or more zones of occupation connotes acceptance of a concept of a more permanent partition of Germany. The Western Powers do not wish to associate themselves with any such concept.

You will also note that the ministers endorsed the resolution of the Federal Republic under date of 22 March, which invited all-German elections to a National Constituent Assembly under conditions found to be acceptable to my government. A copy of the text of this resolution is attached⁵ and I direct your attention especially to paragraph 1 thereof, which suggests that the four occupation powers should assume the responsibility of framing an electoral law under which all-German elections might be conducted.

My government would be prepared for me to share in the responsibility of framing an electoral law, under which all-German elections, pointing toward the formation of an all-German Government⁶ under the conditions set forth in the attached statement of the Foreign Ministers, could be held.

Should your government similarly be willing for you to share such responsibility, it is the belief of my government that any discussions on the subject should be based on the following principles:⁷

1. Conversations would initially be undertaken at the level of the four Commissioners for the limited purpose of drafting an electoral law to implement the Federal Republic’s proposal of free all-German elections for a National Constituent Assembly. The proposal to limit discussions to the framing of an electoral law proceeds from a belief that it is unrealistic to discuss or arrange the desired peace settlement until it is established that a unified German Government, freely elected, can be brought into being.

2. If agreement is reached on an electoral law, the way would be clear for the drafting by the elected representatives of the German people of a constitution for all Germany, within the framework of the principles set forth in the attached statement of the Foreign Ministers, and for the emergence of an all-German Government.

3. A basis would thus be laid for the establishment of a four power commission which should exercise its reserved powers in such a way as to permit the German Government to function effectively.

I would welcome your views on this subject.

In view of the vital interest of the German people in the unification of their country, I feel it appropriate to make a copy of this letter available to the press and will do so⁸ in due course.

Sincerely yours, for the US High Commissioner Maxwell D. Taylor, Major General, USA”.⁹

Your instructions are:

1. French have not yet formally cleared this agreed US–UK text. Will telephone later today when French approve and any changes required in text.

2. Delivery should be coordinated with your British and French colleagues.

3. In event you do not have texts of annexes, you may obtain them from your British colleague. British have previously today wired texts.

4. Signed copies from individual High Commissioners will follow tomorrow (26 May) and should be delivered upon arrival.¹⁰

5. Text may be released to press at noon tomorrow (26 May).

Sent niact Berlin for Page and General Taylor 121, repeated info niact Department 274, niact Frankfort 303, niact London 94, niact Paris 87.

McCloy

1. Not printed; it concurred in the procedure adopted by the Allied Council, to transmit identical letters to General Vasili I. Chuikov, Head of the Soviet Control Commission, setting forth the principles under which the Allies would be prepared to hold elections for an all-German National Constituent Assembly. (762A.00/5–2450)
2. For the text of the Foreign Ministers statement on German unity, see vol iii, p. 1088.
3. A copy of the statement was transmitted to Adenauer on May 23. He replied that he was “quite in agreement with its contents” but would “welcome it if a special clause would ensure that voters be protected against reprisals even after the free elections have been held.” Telegrams 267 and 270, May 23 and 24, from Bonn, not printed (762A.00/5–2350 and 2450).
4. For text, see MIN/TRI/P/30, vol. iii, p. 1106.
5. Not printed, but see the editorial note, p. 615.
6. In telegram 275, May 25, from Bonn, not printed, a series of changes indicated in footnotes below were transmitted. The revised text reads from this point: “in conformity with the principles set forth in the attached statement of the Foreign Ministers, could be held.” (762A.00/5–2550)
7. This paragraph was revised to read: “Should your government declare its acceptance of these principles and be willing for you to share such responsibility, it is the belief of my government that any discussions on the subject should be conducted via the following basis:”
8. The revised last phrase of this paragraph reads: “after it has reached you.”
9. The revised text indicates that the letter was signed by McCloy.
10. Copies of the letters were delivered to Chuikov during the morning of May 26, and McCloy indicated that the text had been cleared by Bevin and Schuman. (Telegram 4564, May 26, from Frankfort, not printed 762A.00/5–2650.)