Cablegram 83 TOKYO, 5 March 1946, 4 p.m.
TOP SECRET PERSONAL
The following is a copy of a letter this day addressed by me to
General MacArthur. This is the culmination of some disturbing
suggestions dropped by American Officers to British and Australian
prosecutors as to General MacArthur's position in relation to this
and other military tribunals. Begins-
I have been considerably disturbed because I understood from Mr.
Keenan in a conversation on Sunday that you held the view that if
any doubt by [1] as to interpretation to be placed upon the
charter, it was your intention to direct the tribunal what you
intended the charter to mean and that the tribunal would be bound
to follow this interpretation.
I must make it clear to you that members of the tribunal now in
Tokyo as well as myself cannot subscribe to the view that anybody
except the tribunal has power to interpret the charter.
If your view was correctly stated by Mr. Keenan and you intend to
act on it then it is incompatible with my position as a member and
President of the tribunal and I shall be compelled to tender my
resignation.
Would you please tell me at your early convenience what position
you take up in relation to the charter. [2] Ends.
[AA:A3195, 1946, 1.5817]