148. Memorandum of a Meeting, Secretary Dulles’ Office, Department of State, Washington, May 21, 1957, 4:15 p.m.1
GIRARD CASE
PRESENT
- The Secretary
- G—Mr. Murphy
- FE—Mr. Robertson
- P—Mr. Berding
- L—Mr. Raymond
- NA—Mr. Parsons
- S/S—Mr. Howe
- Defense
Action
Asked the Secretary of the Army to instruct CINCFE not to submit Girard to Japanese arraignment for the time being; instructed Embassy Tokyo a) to consult the Japanese government and to state our desire to withdraw notification of permission for the Japanese to try Girard without prejudicing the question of jurisdiction, and to discuss the matter at the diplomatic level, b) to inquire whether the Japanese would find it beneficial if a U.S. court martial of Girard were to be initiated immediately and proceed concurrently with the diplomatic discussions.4
After considerable and involved discussion of the legal points, it was agreed by all that in the event of disagreement in the Joint Committee the problem was to be taken up by the two governments; that an earlier interpretation of the agreement was incorrect which suggested that the ultimate decision, if there was disagreement in the Joint Committee, would lie in the Japanese courts.
It was pointed out that the Japanese had now issued a notice of indictment, set a date of June 21 for the trial, and appointed judges and that in so doing they were acting in complete good faith pursuant to the secret arrangement made when the Joint Committee had been [Page 308] unable to agree. CINCFE had asked urgently for instructions as to whether Girard should be sent to arraignment. The Secretary at the outset had pointed out that he felt that the matter should be put into diplomatic channels as soon as possible and have Ambassador MacArthur explain to the Japanese the depth of feeling involved, hoping that he could prevail upon the Japanese to agree to reconvening the Joint Committee to reconsider the case. The Secretary speculated on the possible consequences if the Japanese should proceed to try Girard in absentia and sentence him and at the same time our Military would carry out a court martial, sentence him and inflict the penalty. In the end, after discussion of various aspects of this possible course, the Secretary felt that we should check with Ambassador MacArthur for his views on at least the possibility of having a court martial undertaken immediately. In this connection, General Jones felt that a court martial might take as little as 15 days although it could take considerably longer, especially with the full right of appeal.
In considering the desirability of Ambassador MacArthur taking up immediately with the Japanese government the possibility of reconvening the Joint Committee, the Secretary discussed a number of related facets. He pointed out that it was quite important that we take no step which would disparage the secret arrangement which had been made to avoid the Joint Committee impasse, as such practical solutions are frequently most advantageous. The timing of the approach to the Japanese and any court martial was considered in relation to the impending Kishi visit. Secretary Brucker pointed out the pressure from Congress on this matter to which the Secretary pointed out that the principal concern of Congress was that we not unduly turn over Girard to Japanese jurisdiction which by the present course of action we were not, at least for the time being, doing. The Secretary felt that Ambassador MacArthur could discuss fairly frankly with the Japanese that the position we had taken in the Joint Committee was ill-advised; that neither side would want to consider the actions of the Joint Committee irrevocable; that in any event we could not consider the decision irrevocable until we had acted by turning over the body to the Japanese courts; that raising it at the government-to-government level and putting it back into the Joint Committee did not in any way prejudge the question of jurisdiction.
Secretary Brucker agreed to the course of action in taking the matter to the Japanese and to instructing CINCFE not to turn over Girard for the time being. He agreed that he should not send out the telegram he had drafted and read to the Secretary. It was understood that court martial proceedings would not be instituted until we had heard from Ambassador MacArthur.
- Source: Department of State, Secretary’s Memoranda of Conversation: Lot 64 D 199. Secret. Drafted by Fisher Howe.↩
- Major General Herbert M. Jones, Adjutant General of the Army.↩
- Major G.A. Ivan, a Military Assistant to Secretary Brucker.↩
- These instructions were transmitted in telegram 2576 to Tokyo, sent niact that evening. (Department of State, Central Files, 711.551/5–2157)↩