882.20/648

The Minister in Liberia (Walton) to the Secretary of State

No. 125

Sir: I have the honor to refer to the Legation’s despatch no. 116 of June 9, 1943, file no. 820, and to report that at the suggestion of the American Minister a conference was held June 17, 1943, in the office of the Liberian Secretary of State between the Commanding Officer of [Page 667] USAFIL, the Liberian Secretary of State and the American Minister at which several points of mutual interest were discussed for clarification, to wit: defense areas, collaboration between medical services of USAFIL and those of Liberia in the adoption of health measures in native towns a short distance from defense areas, and to insure the effective administration of justice by the Liberian Government and the American military in matters relating to the commission of offenses by Liberian citizens outside defense areas.

Based chiefly on suggestions and recommendations made by the Commanding Officer of USAFIL, the American Minister transmitted a formal note to the Liberian Government for appropriate action relative to subjects hereinbefore mentioned.

The Liberian Secretary of State informally made known to the American Minister that the note was being considered and an answer would be forthcoming in the near future.13

Copy of the American Minister’s note to the Liberian Secretary of State is herewith attached.

Respectfully yours,

Lester A. Walton
[Enclosure]

The American Minister in Liberia (Walton) to the Liberian Secretary of State (Simpson)

No. 391

Excellency: I have the honor to refer to the conference held by the Commanding Officer of USAFIL and the American Minister with the Secretary of State, E. L., on June 17, 1943, when salient, pertinent points of mutual concern were informally discussed, which points are now formally presented to the Liberian Government for study and appropriate action.

Clarification as regards the boundaries of the various defense areas over which the USAFIL have been invested with jurisdiction in accordance with the Agreement between the Governments of the United States of America and Liberia as of March 31, 1942 should obviate future misunderstandings on this particular subject.

The Commanding Officer of USAFIL has been good enough to prepare two maps which are herewith enclosed.14 One map delineates the Roberts Field and Bassa Point defense areas and the other map delineates the Cape Palmas defense area. No map has been furnished of the Benson Field defense area.

[Page 668]

[Here follows detailed description of the Roberts Field, Bassa Point, Cape Palmas, and Benson Field defense areas.]

To permit the supervision and guarding of the pipe line, it is requested that there be reserved a one hundred-foot right-of-way on the pipe line between the Little Bassa and Farmington Rivers.

As the health of the American troops is of paramount importance greater collaboration between the medical services of USAFIL and those of Liberia in conducting anti-malarial surveys and the adoption of other preventive measures in areas to be agreed upon beyond the limits of the defense areas it is thought should prove high [highly] beneficial to all concerned.

To insure the effective administration of justice, which is the desire of the two Governments, it is respectfully suggested that an understanding be reached on the following points:

1.
Liberian Citizens. The United States has no jurisdiction over any Liberian citizen outside defense areas and none within the defense areas except “retainers to the camp” and those Liberian citizens committing an offense therein. Members of this last group may be arrested and will be turned over under guard to the local Liberian authorities after investigation of the alleged offense, such detention not to last more than three days, except with the express authority of the local Liberian authorities. Full right of search and seizure within the defense areas as well as unqualified jurisdiction over spies and saboteurs are obviously necessary incidents to the protection of United States property as recognized by customs of civilized nations and the laws of war.
2.
American Military Personnel. It is clearly recognized that the Liberian Government has full authority to arrest and the duty to turn over to the United States authorities for trial and punishment American military personnel who may commit offenses outside the defense areas. It is believed that more effective control will be had over soldiers outside the defense areas if the right of the military police to arrest such military personnel as may commit offenses against the laws of Liberia be recognized as co-extensive with that of the Liberian authorities.
3.
All Others. Foreign nationals, other than spies and saboteurs, committing offenses within the defense areas will be turned over to the Liberian authorities if the offenses with which they are charged can be suitably punished under Liberian law. Spies and saboteurs must, of course, be tried before our military tribunals.

Please accept [etc.]

Lester A. Walton
  1. No record of such an answer has been found in Department files.
  2. Maps not found attached to file copy of this document.