811.2360H/9–646: Telegram
The Ambassador in Yugoslavia (Patterson) to the Acting Secretary of State
us urgent
[Received September 7—1:36 a.m.]
892. My telegram 890, September 5.68 When Tito received me this morning I gave him copy of Department’s note of September 3,69 expressed surprise that his Government had not offered any indemnity, then said my Government is prepared to accept lump sum of $360,000 in full settlement. I followed closely wording in Department’s telegram 578, September 3.
Tito said he would have to study note before replying but stated at once that he does not in principle object to indemnity to families of victims to show good will and to help towards good relations. But, he continued, this does not mean he accepts responsibility for accident. He does not approve at all of indemnity for planes which were over Yugoslav territory without authorization. To pay indemnity for planes would, he said, show Yugoslavia has not the right to protect its territory from unauthorized incursions. Lives cannot, of course, be paid for in money and “we have full understanding for the families as stated previously”.
I did not argue these points.
I then presented written regrets for flag incident which Tito brought up at our last conference (my telegram 865, August 31 to Department), reporting that although guilty soldier acted under extreme provocation he is already under arrest with our military authorities in Vienna and will be tried.
Pointing to current stories that Yugoslavia is mobilizing, I asked Marshal for facts. He answered it was only normal calling up of those who have not served in army in order to set free those who have served long periods. Colonel Partridge and I believe this is largely true.
I then took up briefly some general questions still pending and he promised early reply. He orally granted me free use of my Embassy plane for myself and my diplomatic staff although he refused to allow Military or Naval Attachés to use it for their purposes. He said he granted me its use “although Yugoslav military authorities object”.
Sent Department as 892; repeated Paris for Secretary Byrnes as 107 and Rome as 118.