THE WAR IN SOUTH VIETNAM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000200160011-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 16, 2016
• Document Release Date: December 29, 2004
• Sequence Number: 11
• Publication Date: September 2, 1964
• Content Type: OPEN

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1964 CONGRESSIONAL RECORD -SENATE --737
73 : _ :....:.. ,
a _a4orit , of our people can no longer see
it Cies,rly, anymofe. Anything goes, so Iong
as yoti don't get caught.
If" this 'is the status `quo we are so bent
on preserving in the name of freedom, or free
enterprise, then any change it preferable if
we are'not to succumb to complete anarchy.
'or ' it Is in the end anarchy we have to
fear most and'it takes its shape in two great
explosions that deny man his life and his
dignity. The first is-the population explo-
sion the second the nuclear explosion. It
,
may surprise you that I put the one be-
fore the other, but I feel as of now that
it is the greater danger, and may well
be the fuse that will ignite the second.
Both stem from the refusal of men to face
reality by changing their way of living and
thinking. Both inherently are a refusal to
put the good of all ahead of the good of self.
privatism dictates that you bear all the
children you want regardless of what `their
future may be in a world without space for
.them.. Nationalism" dictates that you main-
tain sovereignty regardless of human sur-
We became leaders in the first place be-
cause, in our revolution, we initiated a new
concept of society-the concept of federation
tinder freedom' We changed the face of
our power in the world has been as it symbol One thing will become quite clear from
of change. these hearings: Destiny literally "zeros
We are not that now. We are richer and in" on the small area that is the Nez
hold greatest
in mightier. the w9rid W. We are the
out t to tot all l the im consumers Perce country. In this area, Lewis and
in
poverished and emerging peoples in the Clark, the explorers, received the final
world the marvelous bounty, the material impetus to complete their historic trek
blessings, of a' capitalist economy. But is to the Pacific in 1805; the first Christian
that enough to capture the sour of man? mission in Idaho was established in 1836;
Is talk of freedom enough? I don't think gold was discovered in 1860, and pro-
so. I 'think we have got to be bold again; vided a great forward thrust of popula-
to advance new ideas, to demand brave tion into the Pacific Northwest; and here
leadership, to produce new visions that prove also the dramatic Nez Perce Indian war
we are not only unafraid of change but de-
termined to be its innovators. An -d we have broke out, in 1877.
'to start right here at' home. This is in contrast to much of the
The Arst thing to do is to stop being West, where our history is most diffuse,
afraid of the wrong things. Don't let your- and there are few reminders of yester-
self be stampeded or brainwashed by ac- year-a monument, a restored fort, the
cepted social attitudes, or commercial pres- weathered rut of a trail, or other memo-
no st}res, to or the everything counsel of new politicians oliticians they who are say rabilia spread so thin as to present no
,
fearful of change. synthesis at all.
Examine the new and the different and The purpose of the proposal to create
the ,difficult with a cool and open eye and a Nez Perce National Historical Park is
not with Ithe heat of prejudice: to synthesize these major Western his-
Ask yourself,5when you see our ugly cities,
torical events by perpetuating their sites
our monotonous suburbs, our shoddy tran- in this unusually small geographic area.
sit systems, our crowded sch ools, our de- the National Park Service pointed
we lincl have uve young', g, produced our-unstable thhe e "old, highest atand whether
stand- - out in its feasibility report, the scenic
ard of living, or whether we have put private magnificence of the Nez Perce country
pleasures above public need. - and the appeal of the Nez Perce story in
Open your mind by reading those books all its aspects-archeology, ethnology,
and magazines which are not- afraid of the explorers, and fur traders, missionaries,
truth, however unpalatable, and which are gold miners, settlers, soldiers, loggers,
iuuniine Irom partisan or commercial pres- and Indian relations with these new-
sures which distort fact. comers and with the Federal Govern-
Don't ullovy- demagogs to obscure rea-
sons by inflaming emotion. The `demagog went-are of outstanding interest.
succeeds Only with frightened people. The journey of the two Virginia cap-
'Whatever ou thin, speak up. The great tains, Meriwether Lewis and William
and won er$vul differenoe between us and Clark, 'through the wilderness 'to the
the totalitarian state. is that it speaks with Pacific Ocean, and return, has been
only one voice wl ire we speak with many. called one of the greatest adventure
In a democry Silence is abdication. stories of all time. They were sent by
All this is a easy. Thl q ;courage, and cour- President Thomas Jefferson to explore
age is not easy. The temptation to stand
by and do nothing is great. But because too these unknown lands, and their dis-
many people are doing just that, we are coveries gave the United States a claim
becoming a spiritually flabby and morally to the Oregon country.
shabby society, uncertain of our direction
and confused about our growth. When they crossed the snowy ram-
We read of ordinary citizens standing by, parts of the Bitterroots, and reached the
Nez Perce
doing nothing while fellow beings are country, many members of the
savagely attacked. When your own future expedition were ill and half starved
is in mortal danger of being strangled by ' They were welcomed by the Nez Perces,
fear and apathy and cowardice, it is your "and were fed and warmed by more hos-
tnapr .l gbJigation no Only to,speak out but pltality than they had received from any
to act. tribe across more than half the conti-
IDAHO'S CASE POP. THE NEZ PERCE
NATIONAL HISTORICAL PARK
Mr. CHURCH. Mr. President, the
National Park Service has increasingly
become the caretaker not only of innum-
erable scenic wonders of our vast coun-
try, but also of the physical symbols and
landmarks of our shining history.
A bill which my colleague and I have
introduced in the Senate would desig-
nate the Park Service to administer a
new type of historical park.
. Named for the Nez Perce Indians, the
Nez Perce National Historical Park would
be located in north central Idaho, where
this remarkable tribe made and makes
its home.
The bill was introduced on November
21, 1963, and was referred to the Interior
and Insular Affairs Committee. On
August 18, hearings were held in Wash-
ington, before the Public Lands Sub-
committee; and in October of this year,
field hearings will be held in Lewiston,
Idaho, under the chairmanship of the
vent. Indeed, the handsome and intelli-
gent Nez Perces helped them build dug-
out canoes, and took good care of their
horses, as they were enabled to continue
their journey to Fort Clatsop and the
sea.
Lewis and Clark planted the American
flag at the mouth of the Columbia.
Meanwhile, Jefferson had completed the
Louisiana Purchase, which one historian
observed "fell into place like a draw-
bridge across the continental moat."
Returning in 1806, the explorers spent
additional months with the Nez Perces,
establishing a bond of friendship which
would remain unbroken for nearly three-
quarters of the century.
Drawn by the wealth of beaver pelts,
the mountain men followed the explor-
ers into the Intermountain Northwest,
and behind them came them mission-
aries. Marcus Whitman, Henry Har-
mon Spalding, and their wives, in 1836
crossed the Continental Divide with a
wagon, pioneering a road which would
become known as the Oregon Trail.
Whitman built his mission farther west
near the lower Snake River; but Spalding
built his on Lapwai Creek, in the Nez
Perce country.
Here, the Presbyterian missionary ob-
tained and used the first printing press;
and printed the first books in the Pacific
Northwest-including a songbook and
parts of the New Testament in the Nez
Perce tongue. He taught the Nez Perces
the principles of irrigation, farming,
stockraising, and homemaking.
In 1855, a treaty was signed with the
Nez Perces. It turned their homeland
into a reservation. But in 1860, gold was
discovered on Orofino Creek, in the Nez
Perce country; and the whites swarmed
In. The gold became important to the
survival of the Union; but its location
brought demands for a smaller reserva-
tion. A new treaty was accomplished,
although not all signed it; and the tribe
became divided into treaty Indians and
nontreaty Indians. The threatened
use of force to place the nontreaty In-
dians on the new reservation erupted in
the Nez Perce war of 1877.
Under the leadership of Joseph, Look-
ing Glass, and other chiefs, the Nez
Perces consistently outgeneraled and
outfought the troops thrown against
them. After several engagements in the
Nez Perce country, the tribe conducted a
masterly retreat across sections of Mon-
tana, southern Idaho, Yellowstone Park,
and Wyoming. They were headed for a
rendezvous with Sitting Bull, camped
across the Canadian border, after the
Custer massacre of 1876. The junction
was not effected; and Joseph surrender-
ed just short of the border, at the Lit-
tle Bear's Paw, in north-central Mon-
tana.
Joseph said:
From where the sun now stands I shall
fight no more forever.
""Because of the valiant stand of the
Nez Perces, on the heels of the disaster at
the Little Big Horn, the Nation began
to take a closer look at white and Indian
relationships.
Part of the tribe was eventually re-
turned to the Nez Perce country, there to
join the Christian `group on the reserva-
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CONtEESSIONAL RECORD -= SENATE September 2
tian: The nontreaty Indians were recon-
ciled to their fate, but resumed their
pagan ways. Missionaries, both Protes-
tant and Catholic, continued their work;
at Kamiah and Spalding are houses In
which the Presbyterians resided, and at
Slickpoo still stands the church built by
Father Cataldo.
Many other physical fragments of this
valued historical area are still extant;
but they suffer the continued erosion of
time and progress, and with each pass-
ing year the untended sites become less
subject to interpretation and preserva-
tion.
Along the recently completed Lewis
and Clark Highway, down the westward
slope of the Bitterroots, passes the Lolo
Trail, a vanishing track along the high
ridges. Once it was a heavily traveled
Nez Perce pathway to the buffalo coun-
try, to the east, and was the avenue of
approach for Lewis and Clark.
At Kamiah and Ahsahka are the
campgrounds of Lewis and Clark; at
White Bird, Cottonwood, and Stites are
major battlegrounds of the Nez Perce
war; along the Clearwater are locales
of Indian legends; at Lapwal are the
parade ground and three buildings of the
old Fort Lapwai; near Craig Mountain
Is the land claim of Mountain Man Billy
Craig, and near Cottonwood Is the Weis
rockshelter, occupied 7,500 years ago.
The Park Service feasibility report
points out the importance of Idaho's
contribution to the Nation's lumber in-
dustry. Large sawmills are found up
and down the Clearwater and in almost
every town, Near Lewiston Is the huge
Potlatch Pbrests mill-one of thelargest
sawmills in the world. On the north
fork of the Clearwater, one of the last
great log drives is still conducted. But
time is running out, and a huge dam will
soon soothe the waters.
I emphasize that-as the feasibility re-
port eloquently points out-the Nez
Perce country still possesses a high de-
gree of historical integrity. I read from
the report:
Despite extensive farming in the uplands,
intensive logging on the mountain slopes
and canyon walls, and the growth of towns
and cities, the overall effect as one drives
through the former lands of the Nez Perces
is the impression, "This is how it was." The
prairies are still open; vast armies of pines
and fire still climb the hills; the grass-cov-
ered slopes still rise above basalt cliffs; the
rivers and streams largely run clear and
free. The country is so vast, so magnificent.
and so lightly settled that the eye tends to
glance over such recent developments as
roads, railroads, mills, fences, towns, and
spreading residential sections. This is still,
In essence, the Nez Perce country.
Inasmuch as these valuable and signifi-
cant sites are so located and so related,
It has been proposed, by means of this
bill, that they be preserved under a single,
responsible jurisdiction, properly identi-
fied, and correlated for public viewing
and appreciation. Under such a pro-
gram, only a small amount of land would
be required for administrative use and
site preservation.
The proposed legislation which I have
introduced, on behalf of myself and my
colleague, like the identical bills which
have been introduced in the House by
Representatives COMProN I. WHITS and
RALPH LARDING, would provide a coordi-
nated series of historic sites and inter-
pretive facilities, some in Federal owner-
ship and some In non-Federal ownership.
It has been suggested that these should
consist of 3 federally owned sites ad-
ministered by the National ParkService
and 19 sites administered by other Fed-
eral agencies, by State agencies, or owned
by private individuals and corporations.
Through cooperative agreements with
the administrators or owners of these 19
sites, the National Park Service would
be responsible for interpreting the his-
torical significance of these sites and
for providing interpretive services to the
public.
Three main centers,. operated by the
Park Service, would be located-one,
each-at the key main visitor entrances
to the heartland of the Nez Perce coun-
try, at Spalding, Kamiah, and White
Bird. These visitor centers would also
orient visitors to the remainder of the
project. The principal headquarters of
the project would be at Spalding.
Department of the Interior, National
Park. and State of Idaho officials, includ-
Ing the Governor, historians, and other
specialists, have personally visited the
area, and have voiced approval of the
project. With an unusual display of
unanimity, chambers of commerce, civic
organizations, and newspapers in the
area have wholeheartedly endorsed it.
I know I speak for the entire congres-
sional delegation when I say we are
wholeheartedly in support of this pro-
posal, which would provide a new type
of national park, and would preserve for
the future, in a fitting way, these valu-
able and graphic reminders of our peo-
ple's westering march. X IV
THE WAR IN SOUTH VIETNAM
Mr. MORSE. Mr. President. my brief
speech today, in opposition to McNa-
mara's war in South Vietnam, is taken
from the magazine Business Week for
August 29, 1954. Business Week is cer-
tainly one of the most stable, moderate
periodicals published in this country. So
far as I am concerned, their article is
my speech, for I associate myself with
every word of it. It reads:
NEW PROBLEM FOR Uxrran STATES-HOPm
FADE 10R SOUTH VIETNAM
(As rioters force strong man Khanh out
of presidency, it becomes harder for adminis-
tration to win war against Vietcong. Leaked
CIA report hints at negotiations.)
The resignation this week of South Viet-
namese strong man, Nguyen Khanh. from
his newly acquired job as President strikes
hard at U.S. hopes for a more vigorous pros-
ecution of the war against the Communist
Vietcong. In fact, at midweek, the big ques-
tion in Washington no longer was whether
the war could be won without carrying it to
North Vietnam, but whether It could be won
at all.
If the situation continues to deteriorate,
U.S. policy In South Vietnam cannot help
becoming a hot issue in the presidential
campaign. And a political collapse in Saigon
could hurt President Johnson at the polls In
November.
NEWS LEAK
The upheaval In Vietnam-the third in
less than a year--came as the adminlstra-
tion was shaken by the leak of a confidential
study by the Central Intelligence Agency,
which suggested that victory was impossible
and negotiation probably inevitable in South
Vietnam.
In the past, the administration has in-
sisted that negotiation would be tantamount
to handing the southeast Asian nation over
to the Communists, if undertaken before
South Vietnam met the military threat
posed by Vietcong. Washington has bitterly
opposed French President Charles de Gaulle'a
proposal for negotiations aimed at neutraliz-
ing Vietnam.
The CIA report is bound to shake confi-
dence, both in Saigon and here at home, in
the steadfastness and realism of U.S. policy.
Senator Bazar GOLDWATER was quick to note
the CIA. study, and to warn the American
people to be prepared for an announcement
In the very near future of a negotiated
peace in Vietnam. He went on to say that
neutralization was an open door to Com-
munist Infiltration.
President Johnson is hoping, of course,
that the lid can be kept on Vietnam until
the election Is over. But then, whoever wins
will be forced to take a new hard look at the
U.S. Involvement in southeast Asia-barring
a seemingly miraculous improvement in the
situation there.
MORE RUMORS
The political situation in Vietnam is con-
fused and explosive. At midweek, Khanh
apparently still was in control of the military
forces that put him Into power last January.
But how much political control he would be
able to maintain was not clear. He might
be relegated to a strictly military role under
a new government headed by someone else
or. alternatively, forced to share political
power with a civilian cabinet representing
the Buddhist leadership and political fac-
tions that sparked the rioting.
Meanwhile, communal rioting between
Buddhists and Catholics was continuing and,
despite Khanh's political concessions, rumors
of new military coups by supporters of
former President Ngo Dinh Diem filled the
air In Saigon. There were even more dis-
turbing reports of an Impending all-out of-
fensive by the Vietcong aimed at wresting
final victory from the confusion.
SUPPORT-OR CONTEMPT?
The political upset In Saigon. ironically,
was touched off by Khanh'e moves last week
to strengthen his political position by pro-
mulgating a new constitution and assuming
the Presidency under it. He put stern re-
strictions on personal and political liberties,
including strict press censorship, curfews,
and the banning of demonstrations.
Buddhist and student leaders, fearing a re-
turn to the repressive tactics of the Diem
regime, called their followers Into the streets.
Khanb. unlike Diem, refused to use force
against the rioters, fearing to open a second
front of civil war. He capitulated to rioters'
demands that he scrap the constitution and
his Presidency. Khanh's worried U.S. ad-
visers hope his moderation will win him sup-
port but concede that It Is as likely to win
him contempt In a country used to strong
rule.
VULNERABLE POSITION
The U.S. role In the political disaster was
not clear at midweek. Officials last week
hailed the new constitution and Khanh's as-
sumption of the Presidency as likely to
stabilize the political situation. This week,
however, they were claiming privately that
Khanh had acted largely on his own, and
were critical of his refusal to consult political
leaders before the new constitution was pro-
claimed.
Khanh's troubles underline how vulner-
able the U.S. position In southeast Asia is to
events beyond Washington's control.
The United States must back Khanh, as
it did his predecessors, If he Is to have a
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chance "of winning the war. It must insist Dilliard, entitled "A Great Supreme pleted reapportionment of both chambers
that victory can and must be won. But in Court," which was originally published according to population in 8 days.
the process much U.S. prestige is ingested in in Frontier, and which was reprinted in Some idea of the transformation that is
Khanh's fortunes, much more in the out- the St. Louis Post-Dispatch on August coming in many States can be had from the
come of the war, 16, 1964, be printed in the RECORD, change worked in Colorado where there had
High U S. officials this week are at pains to been no major reapportionment in 30 years.
discount the significance of the CIA study, There being no objection, the editorial All that time the rural areas dominated the
which was released- to the_press this week was ordered to be printed in the RECORD, legislature although Colorado population had
after having been leaked to the Chicago as follows: r,o,...?,o ?+ar..A la....al., i,-
disclaimers, were beginning privately to look 1DOY~ u.co,, s.yea i,ue oaaueb iv iargeati.counues
again' at the A GREAT SUPREME COURT-IT HAS AROUSED 27 of the 35 senate seats and 49 of the 65
possibilities of a negotiated BITTER OPPOSITION BECAUSE OF ITS RE- house seats. This greatly increased voice,
settlement in Vietnam. PEATED STANDS FOR FREEDOM based on population, Denver citizens owe
Mr. President, this article in Business (By Irving Dilliard) entirely to the Supreme Court reapportion-
Week Clearly summarizes the situation ment decisions of 1962, 1963, and 1964.
(Irving Dilliard, former editor of the edi- There is little danger that any of them will
In' South Vietnam, The American peo- toriai page of the Post-Dispatch, holds the find the Supreme Court acting like a tyrant,
ple are beginning to recognize more and Ferrjs Professorship of Journalism at Prince- bent on destroying representative self-
more that our position in SOUth Viet- ton University.)
government.
nam is untenable morally, militarily, and The anti-Supreme Court headhunters are Yet Republican leaders in Congress are
legally. More and more the American rising to the full cry. Their shouts rend the so far out of touch with the trend of the
jungles of special privilege. Too many times
people are beginning to, appreciate the since the unanimous times that they have announced that they
fact that, we owe it to the history of our public school desegre- Intend to "take the lead" in supporting a
country and We owe it to the boys who nation decision in 1954 has our highest tribu-
nal taken its stand on the side of the people, constitutional amendment if it proves nee-
will be killed unjustifiably in the months essary to nullify the Supreme Court's re-
In the eyes Of the advantage seekers, the apportionment decision.
ahead in the uncalled for American par- 1962-63 term of the Supreme Court was bad
tieipation in the war in South Vietnam, enough. Now Chief Justice Warren and his Here are other recent decisions that have
angered special-interest groups, The facts
to get this issue back within the frame- eight colleagues have closed the 1963-64 term
work of international law, as the Sena- and it is even worse. That is why there is so are that in every instance the Supreme Court
much bellowing both in print and on the air took its stand on the side of freedom. Every
tor from Alaska [Mr. GRUENI G], and the waves. And it is why one of these rulings ought to be applauded
d f the raucous outcries
Senator from nraonn have
lead
p
e
6
h
f
... .,v
s on ,v.+,c floor o
the unfortunately to grow even louder.
Senate,. Now there are well-meaning people who
The lily reality is that the United sincerely believe that the Supreme Court is
States, although it uses, other semantic doing grievous damage to our Nation. For
terms, is following a policy of colonialism the most part these are misguided souls
in South, Vietnam. We have set up a whose uninformed thinking frequently is
puppet protectorate in South- Vietnam, shaped by misleaders who know better. Dr.
CONGRESSIONAL .- RECQQ?...-TA 20739
Samuel Johnson spoke a grim but often mis-
understood truth when he said that "patriot-
ism is the last refuge of a scoundrel."
So it is with a large proportion of the
critics who are now attempting to "save" the
Constitution. When they cry out that the
Justices are subverting the American Federal
system by destroying the rights and func-
tions of the States, few if any mean that at
all. What they really mean is that they
object to these decisions because the rulings
upset their own long-established, usually
well-hidden, schemes of special privilege and
undue influence in local, State, and national
affairs.
The decision which has gone farthest in
stirring up the animus is that in cases from
Alabama, Colorado, Delaware, Maryland, New
York, and Virginia calling for redistricting
of the State senates on a basis of population
rather. than geography. No one need be
surprised in the slightest at the stuck-pig
reaction. Not since its public school desegre-
gation decision of 1954 has the Supreme
Court struck so hard and sound a blow for
the free way of life as well as free institu-
tions.
Ralph McGill, writing in the Atlanta Con-
stitution, reports that a Southern rural
legislator, angry because of the reappor-
gone by. No white nation will over be
able to maintain a colony in the yellow
part of the world. Let us face the issue.
Therefore, I close tonight by pleading
again that the United States stop Its uni-
ateral military action in,southeast Asia;
that we stop supporting a military dic-
tatorship; that we stop joining that mill-
- dictatorship in stamping out free-
dom in.South Vietnam; and that we lay
the whole issue before the United Na-
tions or before a 14-nation conference,
as recommended by President de Gaulle,
for the application of international, law .
for its settlement,
THE ATTACK ONt R1;APPORTION-
Mr. DOUGLAS, Mr., . President, I do
not believe that many Members of the
Senate., are aware . of the, rising tide of
disapproval of the Dirksen `.`rotten-
borough" , amendment;, but some of us
have been assembling from some of the
great newspapers of the, country edi-
torials which show that some of the best
,newspapers are opposed to the Dirksen
amendment 4nd, that, they. have solid
tionment decision, attacked the Supreme
Court as being composed of tyrants who
reminded him of Hitler. Yet this very legis-
lator comes from a county where one vote
is worth approximately 30 times as much
"unconstitutional on its face," a section of
the 1950 Subversive Activities Control Act
that denies passports to members of officially
designated Communists organizations. For
the majority Justice Goldberg rightly said
that "freedom of travel is a constitutional
liberty closely related to rights of free speech
and association."
Communist registration: By order and
without comment, let stand a Washington
(D.C.) Appeals Court decision voiding a con-
viction of the Communist Party for failing
to register. The order rejected a Justice
Department request for review of the ap-
pellate court's reversal of a $120,000 fine
levied against the Communist Party. The
appeals court said the Government bad failed
to prove that there was anyone who could
register for the party without incriminating
himself in violation of the Constitution.
Loyalty oaths: by vote of 7 to 2, invali-
dated as offending due process the 1931 Wash-
ington State statutes setting up a loyalty
oath machinery for teachers as a condition
to employment. Justice White, for the ma-
jority, said that "where vagueness of the stat-
ute deters constitutionally protected con-
duct, 'the free dissemination of ideals may
be the loser.' "
NAACP: Unanimously reversed, the Ala-
bama Supreme Court and held that Ala-
bama's ouster of the NAACP violated the
association's constitutional right to associate
for the advocacy of ideas. Because this case
has been kicked around one way and an-
other for 8 years in the courts of Alabama,
Justice Harlan concluded the Supreme
Court's decision by saying: "Should we be
unhappily mistaken in our belief that the
Supreme Court of Alabama will promptly
implement this disposition, leave is given
this attack on the Supreme Court. The "The tyranny of this inequity had not Prince i Edward lCouB ty, Va., to reopen its
attack on the, Supreme Court began troubled the angry legislator. He liked it public schools which were closed to avoid the
after the great, civil rights decision of that way and wished to perpetuate it. So effect of the 1954 desegregation decision.
1954 and has Intensified with .its later wishing, he damned as tyranny the Court's Funds which had been used for public white
decisions. determination to uphold the Bill of Rights schools were diverted to private segregated
The reapportionment decisions of. the and to guarantee each citizen equal repre- white schools. Noting that the case began
Supreme Court have reapportionment this oppoe sentation and protection of the law." in 1951, Justice Black said for the Court:
On the heels of the decision in Washing- "The time for mere 'deliberate speed' has run
sition. ton, Governor Love called a special session out, add that phrase can no longer justify
Mn President, I ask unanimous con- of the Colorado Legislature for July 1. The denying to these Prince Edward County
sent that an editorial written by Irving legislators took the job seriously and com- schoolchildren their constitutional rights
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CONGRESSIONAL RECORD - SENATE September 2
to an education equal to that afforded by to make law within its rather narrow area whether It is constitutional or not. At the
the public schools In other parts of Virginia," of authority. ' very least, they want to substitute their own
Fifth amendment: In a series of decisions. By intent or otherwise, some conflicts were interpretation of the constitution for that of
dealt with the self-incrimination clause of built Into the system, and some boundary the Supreme Court.
the fifth amendment, holding, S to 4 In the lines of jurisdiction fuzzily defined, with Mr. DDOUGLAS. Mr President, a
Malloy case from Connecticut, that the the result that each branch exercises some-
fifth amendment's protection against being thing of a check on the other. This tends number of newspapers have criticized
compelled to give self-incriminating testi- to keep any branch from becoming so pow- the specific nature of the Dirksen
mony now applies to the States as well as erful that It can impose a parliamentary, amendment. I ask unanimous consent
to Federal court proceedings. executive, or judicial tyranny upon the coun- to have an editorial from that great
Add decisions such as these to those hold- try. newspaper, the Nashville Tennessean, of
Ing unconstitutional daily prayers and de- In order for the system to work. there August ust 16, 1964, entitled "Remap Game
votional Bible reading In the schools, and must be considerable restraint by each of 18,s1 Holds 4, en Dangers for All,"
the earlier rulings outlawing racial tests and branch in the use of Its powers and, as a
requiring equitable representation for con- practical matter. a continuous search for printed in the RECORD.
gressional and legislative seats, and it is easy formulas of reconciliation and accommoda- There being no objection, the editorial
to account for the wild charges of judicial tion. was ordered to be printed in the RECORD,
dictatorship. To remove these Conflicts and sharply de- as follows:
No wonder the howlers Ignore the funda- Tina limits of authority where they are furry [From the Nashville Tennessean, Aug. 18,
mental fact that every Supreme Court de- requires the amendment or rewriting of the 1964)
cision is in a case carried to the highest Constitution, the basic law that governs all
bench by one or more petitioners seeking three branches. This Is something not to be REMAP GAME OF CONGRESS HOLDS DANGERS
justice, No wonder they ignore. the fact done lightly or emotionally, and that Is why FOR ALL
that many of the decisions which they now the amendatory process was made as dif- The Congress of the United States is en-
rail against pinpoint the failure of legislative feint as it was. gaged in a dangerous game over its proposals
or executive leadership. The right of the Supreme Court to inter- to suspend or nullify the Supreme Court's
Political scientist Richard L. McAnaw put pret the Constitution, to say what it means landmark "one person, one vote" decision on
it in a nutshell in the Iowa Law Review: In a given context, was asserted early in the reapportionment.
"The failure of our democratic institutions life of the Republic and has been accepted The assault on the Court Is two-edged.
is not that the Supreme Court has assumed ever since. Obviously, It Is a job that some- In the House, an amendment by Representa-
an of the powers and that it stands guilty as one must do. There must be some final au- tive Wna &u M Tuts, of Virginia, would
charged but rather that the Court has thority on what the Constitution does and _
had to assume such powers-that the Court does not mean, and the Federal judiciary Is simply over State eral courts reapportionment cases. ls
has had to make such decisions." the logical and beat qualified agency to per-
Will State legislators and Members of Con- form this Chore. If the Tuck amendment were to pass, it
gress quit complaining about the Supreme Naturally, once an interpretation has been would open up the gate for Congress, by
Court and now begin to buckle down to their given, it must have the force of law until simple statute, to bar any area it chose from
too-frequently defaulted responsibilities? such time as the Court may change it or the court jurisdiction. The end effect could
Constitution is amended. Otherwise, orderly be to deny all Americans the full benefit of
Mr. DOUGLAS. Mr. President, I their constitutional protections. The im-
int out that Mr. Dilliard was formerly country rat would would devolve into unto c chao ao, sand the mediate effect would be to continue the vir-
editor of the editorial page of the St Country . tual disfranchisement of many city and
One thing that holds the Nation together suburban residents in this Nation.
Louis Post-Dispatch, and holds the Fer- is the fact that nobody can suspend the Con- The Dirksen amendment in the Senate is a
ris professorship of journalism at Prince- stitution, either in whole or In part. Except little less harsh In that it is less of ta o is full-
ton University. for this, there quickly would be no Consti- scale assault on judicial independence. It
Mr. President, in my judgment, the tution and no Nation. directs the courts to delay any redistricting
present Supreme Court is a noble Su- In the controversy over the legislative ap- orders so that election may be held nor-
deal
preme Court. of decision, there has been a great Doily for 2 years. Only in "unusual circum-
judgment, the Chief Justice of deal of talk to the effect that the judicial stances" would the Court be permitted to in-
In my branch Invaded the jurisdiction of Congress, tervene.
the Supreme Court, formerly a great the legislative branch. Actually. It Is ex- The Senate plan at least recognizes the
Governor of California, and in 1948 the tremely doubtful if Congress has any author-
Republican candidate for Vice President, ity to legislate with respect to State Iegirla- area where vast inequities have existed over
is, I would say, one of the handful of ttve apportionment. the years.
If the Federal Conatl;.ution does not gov- The real objective of Senator DmssEN,
preeminent Americans. em in this matter, then It Is one of those
Mr. President, I should also like to left entirely to the States Individually. But however, is to try to get a contitutional
accompany the last editorial with an- the Supreme Court has said that the Con- amendment adopted that would prohibit re-
other one, entitled "Congressional At- siltation does speak with respect to state apportionment of both branches of a State
tack on Courts" which was published in legislative apportionment, and its finding legislature according to population. And
the Houston Post of August 20, 1964. has the force of law until it Is changed or the the effect of this would be to give one branch
Constitution Is amended. of State legislatures veto power over the
Unless I am misinloenled, the r, Yet For Congress to attempt to order a "delay" other. A rurally dominated State senate
Poet is s a conservative newspaper, yet it in enforcement of the Court's ruling Is ac- could, of course, block all legislation.
properly sees that this attack on the tually a challenge to the asserted authority In Tennessee, not only would urban areas
courts does violation to the basic stabil- of the judicial branch to Interpret the Con- continue to be denied fair representation,
ity of our form of government. I ask stitution, and thus a flagrant attempt by but Republican east Tennessee would be
unanimous consent to have the editorial Congress to invade the area over which the affected. It would also Insure to a great
printed In the RECORD. judicial branch by consent long has ewer- degree that the legislature would continue to
sized jurtedictian. be dominated by one party as well as one
There being no objection, the editoriaI proponents of the legislation proposed to area.
Was ordered to be printed 121 the RECORRDD, Congress are quite aware that anything they It Is peculiar why Senator Dun ssa Is aim-
as follows' enact probably will be ruled unconstitu- ing such a punitive move at his own party's
[Prom the Houston Post, Aug. 20, 19641 Hanoi by the Federal courts, but they do not voters. Republican strength in many areas
CoNGaxssIONAL ATrACB ON COURTS much care. They admi dly are Intereuted of the country comes chiefly from the sub-
Regardless of the outcome of the con- only In gaining time to try to push through urbs of major cities, yet it is precisely these
gressfonal effort to delay implementation of a constitutional amendment. Efforts to voters who would be most affected, both in
the Supreme Court's recent decision on amend the Constitution are legitimate and the terms of voter equity and in their
State Ie~1slative apportionment, which permissible. but to try to undermine the au- philosophical effort to buck the trend of
would amount to a suspension of the Consti- thority of the Federal courts, to discredit greater centralization of government.
tutin by legislative flat, some fundamental them and to castigate them Is a very serious The Tuck amendment aims at the heart
questions involving the nature of the coun- business. of the checks and balances of government.
try's governmental system are involved, the it must always be remembered at all times Only once in the history of the country
implications of which do not seem clear to that the Founding Fathers were as interested has the legislative branch denied judicial
a great many people. in preventing parliamentary tyranny as they jurisdiction in a particular area to accom-
One of the distinguishing features of the were in preventing executive and judicial plish Its own purposes. That was in 1868,
American system of government as It was tyranny. Oddly. there are some "conserva- when a Reconstruction Congress acted to
devised after much debate and compromise tires" who do not seem much interested in prevent the Supreme Court from holding
by the rounding Fathers was that it pro- conserving our traditional form of govern- that the trial of a Mississippi editor by a
vided for three equal and coordinate ment. They are more interested In per- military tribunal had violated the Constitu-
branches, each vested with the authority petuating an existing power structure, tion. The editor, Mr. William McCardle,
Approved For Release 2005/02/10 : CIA-RDP66B00403R000200160011-9