Foreign Relations of the United States, 1958–1960, Africa, Volume XIV

241. Telegram From the Department of State to the Mission at the United Nations⁰

October 12, 1960, 8:05 p.m.

654. Re Congo. Ambassador Wadsworth requested see SYG immediately and bring to his attention contents Leopoldville tels 949¹ and 962² rptd NY 191 and 198, stressing seriousness with which USG regards situation in Leopoldville. You requested make following points:

1. We appreciate fully political considerations SYG sees in serving warrant for arrest Lumumba at this time. We believe arrest Lumumba at this time would only be playing in hands extremists in UN and create storm there which would probably aggravate situation seriously. FYI. In any event arrest does not appear feasible since it would require Hammarskjold concurrence which he is definitely not prepared give, at least at this time. He has not only gone on public record to this effect but has made forceful presentation to Secretary. End FYI.

2. On other hand, failure partially satisfy Bomboko and Mobutu could mean serious bloodshed with CNA attacking UN troops. Such developments likely undermine irreparably UN position in Congo. We believe way out must be found in order break impasse in which legitimate authorities obstructed in seeking conduct activities of government by constant activities of Lumumba.

3. We have following suggestions which we believe completely legal and can be fully justified by UN as reasonable action in circumstances. We agree fully that UN should continue protect Lumumba’s life. However, as long as Lumumba continues reside in Prime Minister’s house he continues hold symbol of authority to which he not entitled under GOC constitution. We believe, therefore, that rather than permitting at this time serving of warrant of Lumumba for his arrest, that UN should effect Lumumba’s removal from Prime Minister’s house to some other location (perhaps some house in suburbs) on understanding that UN continues protect him. FYI. We do not believe UN has been justified in permitting Lumumba “bar-to-bar” campaign with protection Ghanaian and Guinean troops. End FYI. We believe UN could justify its action in removing Lumumba from Prime Minister’s house not only on basis request from Kasavubu and constitutional position but also on grounds Lumumba’s personal safety can better be protected.

In making above points you should call to SYG attention following legal considerations which we believe justify course of action being suggested: Lumumba has been removed as Prime Minister under Articles 20 and 22 of Loi Fondamentale and is not entitled reside in Prime Minister’s residence.

For Leopoldville:

As you will note above we are trying find course of action which would avoid at this time specific issue of “serving of warrant” but which would for all practical purposes have similar effect with advantage of giving us some time to maneuver in this difficult situation. Without giving Bomboko any details at this time, you should inform him that we are taking this matter up with SYG, cautioning him not to move precipitiously.³ If SYG reacts favorably we would then want Kasavubu make formal request to Dayal that Lumumba vacate Prime Minister’s residence.

Dillon

0. Source: Department of State, Central Files, 770G.00/10–1260. Confidential; Niact; Limit Distribution. Drafted by Woodruff and Sisco and cleared by Ferguson, Penfield, and Deputy Legal Adviser John M. Raymond. Repeated niact to Léopoldville.
1. Document 238.
2. Dated October 12, telegram 962 reported that Bomboko and Mobutu had told Timberlake they could not restrain their troops much longer and that the U.N. Command had also refused a Congolese request to move Lumumba out of the Prime Minister’s house. Timberlake commented that he had “worked night and day to prevent violent solution” but that he could not “hold them back much longer” unless he had some indication that the U.N. Command would permit Lumumba’s arrest. (Department of State, Central Files, 770G.00/10–1260)
3. Telegram 974 from Léopoldville, October 13, reported that Timberlake conveyed the message to Bomboko and urged him to start mobilizing support in the legislature for a vote of confidence in the new government. Bomboko was pleased by the message and indicated that the plan to arrest Lumumba had been abandoned. (Ibid., 770G.00/ 10–1360)