Lot 52 M64
The Acting Secretary of State to Admiral William D. Leahy, Chief of Staff to the Commander in Chief of the Army and Navy 72
My Dear Admiral Leahy: I refer to the Department’s letter of September 29, 1944* which informed you that the Department perceived no objection to the statement of policy regarding the treatment of enemy consular and diplomatic property which was discussed in your letter of September 26.† It added that the Department concurred in your informing the United States and British theater commanders of the policy stated therein.
It was the Department’s understanding of your letter of September 26 that it will rest with the supreme commander in each theater to decide in each instance whether or not he shall exercise the discretion and responsibility conferred upon him for entry and search of actual [Page 1500]or alleged diplomatic or consular premises which may be in the custody of the neutral protecting Power. I bring this point up because of the possibility that unless exercise of this discretionary power is closely guarded the United States Government may encounter certain difficulties in respect of the protests addressed to the Japanese Government in the past regarding disrespect of American diplomatic and consular property and in respect of certain important American diplomatic and consular establishments which are still vulnerable to mistreatment by the German enemy.
I attach for your information a very short memorandum on this subject the substance of which it might be advisable to provide to theater commanders for their background guidance.73
- Enclosure D to J.C.S. 1011/3.↩
- Enclosure “B” to J.C.S. 1011/2. [Footnote in the original. Letter not printed, but see footnote 62, p. 1496.]↩
- Enclosure “A” to J.C.S. 1011/2. [Footnote in the original. For text, see p. 1495.]↩
- Paragraphs 1 through 3 of the memorandum were approved by the Combined Chiefs of Staff in CCS. 659/6, December 24, 1944, not printed. A note by the Combined Secretariat indicates that the recommendations were forwarded to the Supreme Commander, Allied Expeditionary Force (Eisenhower), to the Supreme Allied Commander, Mediterranean (Wilson), and to the Supreme Allied Commander, Southeast Asia (Mountbatten).↩