851.01/3299: Telegram
The American Representative to the French Committee of National Liberation (Wilson) to the Secretary of State
[Received 8:30 p.m.]
291. For the President and the Secretary. I had a talk with General de Gaulle yesterday afternoon in which we discussed at length the case of Boisson, Peyrouton and Flandin. He was familiar with the various conversations [apparent omission]. I impressed upon him that action on the very serious instructions which had been received could not be delayed much longer and urged him to give assurance in the sense desired. He said to me that he hoped we would not insist upon a written assurance since he believed we must realize that it would be impossible for the Committee to state in writing that it would bind judiciary not to take a certain course of action. He then said speaking deliberately and measuring each word the following which I give in translation: “I state to you that the examining magistrate will not be able to assemble the necessary elements on which he would be in position to decide whether or not a trial should take place until after the liberation of France. Furthermore I say to you that the Commissioner for War is at present searching for a residence on the outskirts of Algiers in which these three men while regarded as being in prison will in fact live under proper conditions with proper care, food and an opportunity for exercise.”
He then repeated the foregoing to me in exactly the same words.
I said to him that he would expand the statement that he had just made that these trials would not take place until after the liberation of France so as to cover not only the period up to the liberation of France but until the establishment of a constitutional government in France. He replied, “It is the intention of the Committee as you know to place its resignation in the hand of the consultative assembly to be elected as soon as possible after the liberation of France; [apparent omission] bind the Committee beyond the date upon which it ceases to exist, but I say to you that my statement that the trials will not take place until after the liberation of France means that they will not take place before the French Committee resigns its powers.”
I strongly urge that these statements of General de Gaulle be accepted as satisfactory assurances in the matter. It seems to me evident that we cannot expect the French Committee to go on record in writing that it will control the judiciary.
I have this morning informed General Eisenhower of the foregoing. He stated that in his opinion these statements of General de Gaulle should be accepted as satisfactory assurances and that he would cable you to this effect.
[Page 200]I have also informed Macmillan who likewise held the view that these assurances are satisfactory and he is recommending to the Prime Minister and to his Government that they be so regarded.
I should appreciate your instructions.42
- In telegram No. 15 to Algiers, January 1, 1944, midnight, the Secretary of State expressed his appreciation to Mr. Wilson for his skillful handling of such a delicate subject, indicating also his belief that the question appeared “to have been settled in the most satisfactory manner possible under all the circumstances.” (851.01/3313c)↩