Presidential Papers, Doc#200 To Dorothy Girard, 13 June 1957. In The Papers of Dwight David Eisenhower
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Document #200; June 13, 1957
To Dorothy Girard
Series: EM, AWF, DDE Diaries Series
The Papers of Dwight David Eisenhower, Volume XVIII - The Presidency: Keeping the Peace
Part II: Civil Rights; June 1957 to September 1957
Chapter 3: "I am astonished and chagrined"

 

Dear Mrs. Girard: For nearly half a century it has been part of my duty to see that American fighting men, serving under my command, have had, under all circumstances, fair and just treatment. So, your letter touches me very deeply. I am glad you have so written to me.1

For your Government I pledge that, in your son's present difficulty, his every right will be fully protected. His defense counsel will be furnished all the evidence in your Government's possession essential to his defense, and throughout the trial your Government's representatives will remain in alert attendance to see that the trial proceeds fairly and that justice is rendered.2

Your letter implies that your goal in this distressing incident is, rightly, justice for your boy. You are, I feel, directing your concern soundly, for I have regretted, as perhaps you have, the impression on the part of some that assertion of national prerogative in this situation is of more significance than is justice itself.3 I want, therefore, to assure you of my confidence that justice will be as surely rendered your son as would have been the case in court martial proceedings by our own armed forces.4

With best wishes to you, Sincerely

1 Army specialist 3/c William S. Girard had been charged in January 1957 with "inflicting bodily injury causing the death" of a forty-six-year-old Japanese woman. The governments of Japan and the United States had agreed on the facts of the case: that while on routine exercises on the afternoon of January 30, Sergeant Girard had fired a blank cartridge case with a grenade launcher at two Japanese citizens as they were scavenging expended brass. The case struck a woman in the back and killed her (Eisenhower, Waging Peace, pp. 140 - 41; U.S. Department of State, Foreign Relations of the United States, 1955 - 1957, vol. XXIII, 2 vols., pt. 1, Japan [1991], pp. 293 - 96). The matter at issue, criminal jurisdiction over American forces in Japan, was governed by a treaty that gave the United States the primary right to exercise jurisdiction in "offenses arising out of any act or mission done in the performance of official duty."

The United States held that the shooting incident arose during Girard's proper efforts to guard a machine gun; the Japanese government argued that the shooting had no connection to the guarding of the gun. Girard's mother had written the President (n.d., WHCF/OF 328) asking him to use his "power to stop this injustice that is being done to my boy." Apologizing for not really knowing "just what to say," Mrs. Girard begged Eisenhower to "treat my boy like you would treat your boy." See also New York Times, February 7, 1957.

2 As a consequence of the considerable public indignation the Girard case had aroused in Japan, American and Japanese authorities had reached a compromise on the jurisdiction issue. The United States government agreed not to exercise jurisdiction, without prejudicing its position that Girard's alleged offense arose in the performance of an official duty. For its part, the Japanese government agreed to indict Girard on no greater charge than "wounding resulting in death." See ibid., May 18, 24, and June 5, 1957.

3 The Department of the Army had made the decision to allow Girard to be tried by the Japanese without consulting the Department of State. Although unhappy with this decision, Dulles would ultimately decide that having agreed to accept Japanese jurisdiction, "an attempt now abruptly and unilaterally to reverse our position would be understandably judged by the Japanese to be a repudiation of our international agreement with them. The consequences of this could profoundly and adversely affect our position in Japan, our relations with Japan and our whole position in the Far East" (Dulles to Brucker, May 21, 1957, AWF/D-H; see also extensive telephone and written correspondence in State, Foreign Relations, 1955 - 1957, vol. XXIII, pt. 1, Japan, pp. 261 - 345; and Telephone conversations, Dulles and Brucker, May 21, 1957, and Dulles and Robertson, May 25, 1957, Dulles Papers, Telephone Conversations).

4 During his June 6 news conference the President had stated that "merely because you let another nation try your man does not relieve the defense forces or, indeed, the Commander in Chief for the need for following that case and seeing that justice, fair justice is done." Eisenhower added, "We pay for the lawyer to defend him; we watch it through our lawyers all the way through; and if any possible injustice happened to that man, it would be a case that would be taken up diplomatically, of course" (Public Papers of the Presidents: Eisenhower, 1957, p. 437). For developments see no. 248.

Bibliographic reference to this document:
Eisenhower, Dwight D. To Dorothy Girard, 13 June 1957. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 200. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996, http://www.eisenhowermemorial.org/presidential-papers/second-term/documents/200.cfm

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