740.00116 EW/12–1144

The Legal Adviser (Hackworth) to the American Representative on the United Nations War Grimes Commission (Pell)

Dear Mr. Pell: I am in receipt of your letter of December 11 in which you state that you understand from our conversation the other day that the Department approves of certain propositions stated in numbered paragraphs in your letter.

I thought that it was made clear in our conversation that the whole matter relating to war crimes was under consideration by the interested agencies of this Government and that nothing definite and final could be said at this time regarding any phase of the subject on which you have asked for instructions. I think that we must proceed on this understanding and keep in mind the point that in as much as decisions have not been reached on the subjects we discussed, our conversation was merely exploratory and confidential. You would not, therefore, be privileged to act on any impressions that you may have gained from our conversations. You will be given instructions on the various pending questions as soon as that is possible.

I do not recall any discussion of the subject matter covered in the last paragraph of your letter. Certainly I have no authority to speak for any other Department.

I shall be glad to see you when you return on Monday, the 18th.36

Sincerely yours,

[File copy not signed]
  1. No record has been found in Department files of a discussion on that date.