157. Memorandum of Telephone Conversations Between the Secretary of State and the Assistant Secretary of State for Far Eastern Affairs (Robertson), Washington, May 25, 19571
TELEPHONE CALL TO MR. Robertson
SUBJECT
- The Girard Case
12:10 p.m.
The Secretary said he wanted to change the statement on the Girard case2 before it went over to the President. The Sec. said he thought there was a minute (an agreed one) which specifically contemplated this waiver procedure—a clause which specifically said that in the event there was no agreement each side would sympathetically consider the request of the other toward waiving jurisdiction. The Sec. said that the cable3 said that we had agreed to waive our jurisdiction. This referred to Article XVII of the Administrative Agreement. The Sec. said his impression was that we quite often made these arrangements one way or another which facilitates practical working of these agreements.
The Sec. said the Defense people are claiming that because there was this understanding that that vitiated the whole arrangement. The Sec. said the point was that you were looking at this thing from the standpoint of the rights of an American citizen. The person has a right to be tried and to defend himself as best he can and not to be subjected to some kind of railroading process which has been worked out in advance. He is entitled, if he wants to stand on the merits of the case—if he is guilty or not guilty he pays the penalty. No one has a right to make a side deal. It was a side deal of some kind made with the Japanese that they would not indict him for murder. The Sec. said the memorandum4 suggests that a side deal was made. The Sec. said he would like to talk to Col. Raymond about this point and Robertson said he would try to contact Raymond about it.
12:35 p.m.
Mr. Robertson called back and read from a paper2 in connection with whether or not the incident took place when Girard was on official duty. The Sec. said he doubted the agreement was prejudicial to Girard but wanted Robertson to find out the language in the agreed minute.
12:45 p.m.
Robertson called back and read to the Sec. the contents of 3(c) of Article XVII of the Administrative Agreement (attached),5 saying that it was under that provision that the US military authorities waived the right of trial of Girard to the Japanese.
[Page 322]12:50 p.m.
Col. Raymond called and said he thought that 3(c) of Article XVII (above-mentioned) should have been included in the memo to the Pres.6 (The Sec. thereupon included this in the memo to the Pres.)
5:15 p.m.
The Sec. reported on his conversation with the President re the case and said the President had stated he did not really need the memorandum. The Pres. said he had come to the conclusion that we ought to turn this fellow back. He was very anxious to have it done so the people on the Hill would not think this was an individual case and that the proper interpretation of the Administrative Agreement did not require our turning over people. It would not happen again. We wanted to prevent a stream of criticism on the Status of Forces Agreement. The Sec. said he thought it could be explained that it was handled at a low level. A mistake was made and we would have to live with it. The Pres. had authorized the Sec. to tell Brucker our thinking. The Sec. said if Brucker wanted to appeal to the President we would join him in that. The Pres. said he would try to set up the time on Monday,7 although Monday was pretty well jammed up.
The Sec. asked how Robertson thought it should be handled. Should it be taken up with Wilson? He was a little less stubborn than Brucker. He did not think Wilson was in town this week end. The Sec. [said] he was overwhelmed with stuff to do. The Sec. suggested Robertson talk to Sprague to see how he thinks we should handle it. The Pres. is persuaded that we have no recourse but to have Japanese have jurisdiction in this case. It is not to be understood as setting a precedent—turning people over where there are accidents or misdeeds when the person is actually on duty.
The Sec. asked Robertson to call him after his talk with Sprague.
5:30 p.m.
Mr. Robertson called back and reported his conversation. The [Secretary?] asked if he had passed on the President’s views.
- Source: Eisenhower Library, Dulles Papers, General Telephone Conversations. Transcribed by Asbjornson. A typewritten note on the source rext reads: “one-sided”.↩
- Not found in Department of State files.↩
- Reference uncertain.↩
- Apparent reference to the statement mentioned in the first sentence.↩
- Not found in Department of State files.↩
- Not printed.↩
- Apparently the draft printed infra.↩
- May 27.↩