territory should be returned in accordance with the
Moscow Declaration to those territories for trial by
national military commissions having jurisdiction of
the offence under the same Rules of War. I have great
difficulty in finding any means whereby military com-
missions may try and convict those responsible for
excesses committed within Germany both before and during
the war which have no relation to the conduct of the
war. I would be prepared to construe broadly what con-
stituted a violation of the Rules of war but there is
a certain field in which I fear that external courts
cannot move. Such courts would be without Jurisdiction
in precisely the same way that any foreign court would
be without jurisdiction to try those who were guilty of,
or condoned, lynching in our own country.
 
 
 The above are the two main points with which I
differ from the proposed program submitted by the
Secretary of the Treasury.
 
 
Partition
 
 
 I have an open mind on partition and although I
have given the matter substantial consideration I have,