143. Memorandum of a Telephone Conversation Between the Secretary of State and the Secretary of the Army (Brucker), Washington, May 21, 1957, 10:57 a.m.1

TELEPHONE CALL TO SEC BRUCKER

B returned the call and the Sec said on the Japanese thing he hopes B realizes he is playing for pretty big stakes and the Sec does not know that the whole future of our relations with Japan ought to be determined in response to newspaper furor and B agreed. B is sure it will not get off the track. The Sec wants to be sure they are living up to their rights. B said it states it is without prejudice to their rights and they can go ahead under the treaty. B feels it gets it back on the tracks where it belongs and feels it is less difficult. B said they are planning to put it back to the status quo ante where we will begin court martial proceedings and the notification we would yield is to be vacated without prejudice under the rights of the treaty and have them take regular course under the treaty. There was an abortive attempt by these people which involved trial and sentence and it was made off the record and secret which is against anything in the treaty and that [Page 303] cannot stand. We have to go one way or another. The Sec said he has not gone into the facts but wants to be sure B is punctiliously living up to the agreement because if B does not our whole relationship with Japan may be in jeopardy and it is pretty important. B agrees and will say in the cable2 this shall be without prejudice. It does not deprive the US or Japan of any rights. The Sec repeated about being careful as the relationship is precarious and it is vital to our security interests there and it is up to B’s people to live up to agreements. B thinks it does and has gone over it with the legal and policy people. The Sec said there is a provision for referral to the Joint Comm. B said yes and we say that and if can’t agree then to the two govts and if they can’t agree Japan has the right in their own court to make the determination and we have the right to make a presentation and we reserve, etc. The Sec mentioned had they considered reversing the decision of the Joint C and B said yes. B would be happy to talk with the Sec anytime about this.

  1. Source: Eisenhower Library, Dulles Papers, General Telephone Conversations. Drafted by Bernau.
  2. See footnote 2, Document 147.