Foreign Relations of the United States, 1955–1957, Japan, Volume XXIII, Part 1

141. Telegram From the Embassy in Japan to the Department of State¹

Tokyo, May 21, 1957—5 p.m.

2690. Re Deptel 2560.²

1. Through Embassy officer designated to work with US section Joint Committee in accordance with 1952 Presidential directive, Embassy has been kept informed of major developments in case and, although with occasional time-lapses, has been given or loaned copies of significant documents. In course normal working relationships case was of course discussed by Embassy officers with FEC officers. However Embassy’s position throughout consideration this case has been that as long as it was being considered in Joint Committee, responsibility of decision lay exclusively with FEC.

2. Copy of FE–804743³ was sent to Embassy after transmission, and without any prior consultation or information in drafting or decision stages, with written request for our comments. We did not make any comments to FEC. Following receipt of Deptel 2381⁴ Ambassador had conversation with General Lemnitzer during which latter showed him full text of DA–921933⁵ which had not been shown to Embassy before. Ambassador told General Lemnitzer he hoped solution could be reached in Joint Committee because if no solution reached it would almost inevitably be raised by Japanese through diplomatic channels, which seemed undesirable. General Lemnitzer said his representative Joint Committee would proceed in accordance with instructions he had received in DA–921933, and would make every possible effort to gain Japanese agreement to US retaining jurisdiction.

3. An American press correspondent in Tokyo told us “there is a report that Embassy was asked for interpretation of Administrative Agreement concerning jurisdiction of Girard case and that Embassy gave interpretation which guided Committee in its decision”. FEC personal comment to us was that no such comment had been made. Another correspondent told us he had been told “military asked Embassy if under terms of agreement the man must be turned over to Japanese and after conferring with MacArthur Embassy legal adviser said yes”.

4. In order put this issue in correct light and minimize cross-argument between Embassy and FEC we have been saying in response to such stories “decision that SP3 William S. Girard will be tried by authorities of Japan resulted from consideration of case in machinery of Joint Committee in accordance with procedure of Administrative Agreement. Under these procedures, neither Ambassador nor any other Embassy officer approved or disapproved proposed action but Embassy was at all stages kept fully informed”. We have declined to comment further on current developments of case.

5. UP story from Washington May 17 carried statements that Department had been consulted by “American military officials in FE and Pentagon” and “gave its approval” to action taken by FEC. INS story from Washington May 17 included this sentence, “State Department sources said FEC decision to turn Girard over to civil authorities—an unprecedented case—was based on mutual decision of both State and Defense Departments”.

MacArthur

1. Source: Department of State, Central Files, 711.551/5–2157. Secret; Niact; Limit Distribution; No Distribution Outside Department. Received at 4:53 a.m.
2. Supra.
3. See Document 129.
4. Document 131.
5. Document 130.