HUMAN RIGHTS AND GENOCIDE CONVENTIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000400170025-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 16, 2016
• Document Release Date: June 28, 2005
• Sequence Number: 25
• Publication Date: March 25, 1965
• Content Type: OPEN

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March 25, 1965 CO TG1 SSIONAL RECO1b - SENATE
tions only when each nation will speak' for
itself; when neighboring states or national-
ities will not usurp another nation's name
and economic resources, as in the case of
Byelorussia, whose name is being used by
klussia in its international manifestations
and blackmailing.
The endeavors of Byelorussians to have the
right to speak for themselves and to be their
own masters constitute the essence of re-
cent developments in Byelorussia. They be-
come especially obvious among the younger
generation of the Byelorussian intelligentsia:
among writers, artists, teachers and students.
Through their voices and creative talents, the
Byelorussian people are striving to rehabili-
tate their past, of which it was totally de-
prived during the years of Stalinist terror,
and to promote a maximum of political and
economic freedom. Taken all together, these
aspirations form the core of the idea of
independence and democracy as it was pro-
mulgated in the Byelorussian Democratic Re-
public.
We, the participants of this convention
for the 47th anniversary of Byelorussian in-
dependence, therefore solemnly resolve-
In the all-out, further struggle for free
Byelorussia,
To spotlight the cultural, economic, and
political achievements of the Byelorussian
people; and
, To unmask before the world the political,
economic, and moral enslavement of Byelo-
russia by Soviet Russian imperialism.
May the torch of the Byelorussian Demo-
cratic Republic of March 1918 never go out.
Long live the free democratic Byelorussia.
STANISLAU STANKEVICH, Ph. D.,
National President of the Byelorussian-
American Association, Inc.
ULADZIMIER NABAGIEZ, M.D.,
President of the New York Branch of the
Belorussian-American Association,
Inc.
SIARHIEJ HUTYRCHYK, i
President of the New Jersey Branch of
the Byelorussian -Asnerican Associa-
tion, Inc.
Mr. SCOTT. Mr. President, March
25, 1965, is the 47th anniversary of Byel-
orussian National Independence Day, a
day of great importance to American
citizens of Byelorussian descent, as well
as for all Byelorussians living in the
countries of the free world, and in Byel-
orussia itself, occupied and oppressed
by Soviet Russia today. It is the day
on which Byelorussians celebrate the
happy period in which their country en-
joyed independence.
On March 25, 1918, the Council of the
Byelorussian Democratic Republic pro-
claimed the independence of the Byelo-
russian state, but their freedom soon be-
came a prize they had to win on the
battlefield. Armed forces of Germany,
Russia, and Poland, engulfed the Byelo-
russian Army from the east and from the
west, finally conquering Byelorussia and
dividing her territory among themselves.
During the Second World War'on June
27, 1944, the Second Byelorussian Con-
gress `convened in Minsk. The Congress
annulled all treaties of the occupational
governments concerning Byelorussia and
approved the proclamation of Independ-
ends for tie 8.ye~lorusslari"Democratic
Republic. However, f#ussian power once
again crushed the Republic and, in an
attempt to crush also the spirit of the
Byelorussian people, the conquering
Soviet Union ignored natural ethno-
graphical order and redistributed the
During this"47-year history of perse
Cution and oppression, the anniversary
of the 1918 proclamation of independ-
ence has been honored in the free coun-
tries of the world. Against the mass
terror the Russians have used to destroy
more than 5 million of their population,
against the increased intensity of russi-
fication and antireligious campaigns in
the press, the Byelorussian people have
shown valiant courage and determina-
tion. They have earned the respect and
admiration of all peoples and have be-
come an exceptional symbol of resistance
to Communism. It is proper that we
should join them on this day in the re-
The convention has been ratified by 67
nations to date, including all the members
of the Communist bloc in the U.N. But for
some strange reason, the great United States
of America, which has done. more to extend
the frontiers of freedom than any other na-
tion, has not ratified the convention.
In June of 1949, President Truman sub-
mitted the Genocide Convention to the Sen-
ate with his own enthusiastic endorsement.
In January of 1950, a special Genocide
Subcommittee of the Senate Foreign Rela-
tions Committee, under the chairmanship of
a great Connecticut Senator, Brian McMa-
hon, conducted public hearings. It was my
privilege to testify in favor of ratifying the
convention before this committee. I say
it was my privilege not only because of the
dedication of their goals toward a free ~g,(reat importance I attach to the convention
and independent Byelorussian )Zepu,bliq/ because of the exceptionally distin-
resenting more
re
of citizens
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Cpl n 50 national organizations, who took
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HUMAN RIGHTS ANIY GENOCIDE the witness stan
tion.
.
I 't e ort to the full Foreign Relations
n r s r
Mr. DODD. Mr. President, on March
11 it was my privilege to address a con-
ference convened in Washington by the
ad hoc Committee on the Human Rights
and Genocide Conventions, a citizens'
organization representing virtually every
sector of the American community and
embracing organizations that can claim
to speak for some 100 million Americans.
The Genocide Convention has been
languishing in the Foreign Relations
Committee now for almost 16 years.
Three other U.N. conventions dealing
with the abolition of all forms of slavery,
the abolition of forced labor and the
political rights of women, have been
there almost as long.
I believe that our failure to ratify
these conventions projects a most unfor-
tunate image of the United States to the
rest of the world. I also believe that
much of the opposition to the ratification
of these conventions, is based upon mis-
understanding and misconceptions.
I ask unanimous consent to insert into
the RECORD at the conclusion of my re-
marks the text of my statement before
the conference of the ad hoc Commit-
tee on the Human Rights and Genocide
Conventions. I hope that my statement
will help to throw some additional light
on these sadly misunderstood measures.
And, I hope too that support can be
found to bring them to a vote before
this session concludes.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
THE NEED To RATIFY THE GENOCIDE CONVEN-
TION AND OTHER U.N. CONVENTIONS ON HU-
MAN RIGHTS
(Remarks of Senator THOMAS J. DODD before
the conference of the ad hoc Committee
on the Human Rights and Genocide Con-
verltions, Statler. Hilton Hotel, Washing-
ton, D.C., Thursday, Mar. 11, 1965.)
Mr. Bingham, reverend clergy, distin-
guished guests, I have accepted your invita-
tion to address this conference out of a sense
of duty because I believe there is no more
important item of unfinished business on
the calendar of the Senate than the ratifi-
cation of the Genocide Convention.
It is now 17 long years since the.Genocide
Convention, with strong American backing,
was approved by the U.N. General Assembly.
And it 1e 15 years-almost 16 years--since it
went to, the, Senate for ratification in June
p
Committee, the McMahon subcommittee
strongly recommended ratification of the
convention. But despite extensive hearings,
despite the declared approval of all the ma-
jor religious, ethnic, civic, and veterans or-
ganizations, the covenant still languishes in
the Foreign Relations Committee without
affirmative action.
Fifteen years, sixteen years, is a long time
to wait for the ratification of any agreement
or convention. The long lapse of time, has,
I am afraid, blurred our memories and ob-
scured the issues and dulled our conscience.
There have been times in our history when
the Government has needed prodding, and
other times when Congress has needed prod-
ding or intervention from citizens and citi-
zens' organizations. I believe that this na-
tional conference, representing as it does
every sector of the American community and
embracing organizations which can claim to
speak for 100 million Americans, constitutes
a citizens' intervention in the highest Ameri-
can tradition.
Those of you who have initiated this con-
ference and those of you who have come here
to participate in its deliberation will, in my
opinion, merit the thanks of coming genera-
tions of Americans. This conference, from
what I have already seen of it, will unques-
tionably serve to bring the issue of genocide
to life again. And you will, I hope, be able
to clear away the intellectual cobwebs that
have obscured the issue and encourage the
Senate to take the long overdue action of
ratification.
What is the Genocide Convention about?
In my opinion, there could be no simpler or
more fundamental moral issue written into a
covenant between the nations of the world.
Essentially, the Convention establishes that
genocide is a crime under international law;
and it defines genocide as the destruction of
a racial ethnic or religious or national group,
or part of that group, committed with the
specific intent to destroy this group, in whole
or in part. It includes the actual killing of
members of the group, or causing them seri-
ous bodily or mental harm, or deliberately
inflicting conditions of life on them calcu-
lated to bring about their physical destruc-
tion, or forcefully transferring children of
the group to another group. It states that
these acts are punishable, as well as con-
spiracy to commit genocide, to direct or pub-
licly incite to commit genocide, or complicity
in genocide.
Under article 5 of the Genocide Conven-
tion, the contracting parties undertake to
enact, in accordance with their respective
constitutions, legislation which would give
effect to the provisions of the Convention
and which would establish penalties for per-
sons guilty of acts of genocide.
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CONGRESSIONAL RECQRD SENATE March 25,
It seems to me that nothing could be
clearer than this.
For me the Genocide Convention has a
special personal meaning because as execu-
tive trial counsel at Nuremberg i had spread
before me, in nightmarish detail, the whole
incredible story of Nazi barbarism., of its
fiendish persecution of the Jewish people,
add of the gas chamber and crematoria that
snuffed out the lives of .more, than fi million
Jews and of millions of Ukrainians, Poles,
azi,d other Europeans.
The convicted Nazis were charged with
crimes against humanity. The word "geno-
cide" had not yet come into common usage
at, that time, But to a very large degree this
is what the Nuremberg trial was about. For
the first time there was spread on the record
of an international tribunal the details of
massive c Imes. involving millions of vic-
tims-crim perpetrated not against indi-
viduals but against entire peoples and ethnic
groups.
While I was at Nuremberg I learned about
other acts of genocide that were not made
part of the trial record.
I learned of the mass deportations of the
Volga Germans and the Kalmuks and the
CAechens and other Soviet minority people
during the war years.
.I learned the true facts about the massacre
in the Katyn Forest of 10,000 Polish oillcers
who had been prisoners of the Soviets.
T learned of the mass deportations of scores
of thousands of intellectuals and community
leaders from Lithuania, Latvia and. Estonia
in the period following the Soviet occupa-
tion.
I learned, in short, that Communist totali-
tarianism, like Nazi totalitarianism, uses
genocide as an Instrument of policy, and
that the death of nazism did not necessarily
mean that we had put an end to the problem
of ,genocide.
Although 67 nations have ratified the
Genocide Convention, it has, by and large,
remained ineffective, inoperative, and with-
out the necessary authority because the
United States has thus far refused to add
its ratification.
The years that have elapsed have witnessed
situations Where genocide has unquestion-
ably been perpetrated and other situations
where there was strong prima facie evidence
of genocide.
In the case of Hungary the massacre of
25,b00 Hungarian freedom fighters by the
Red army and the subsequent, mass execu-
tion and imprisonment of scores of thousands
of Hungarian intellectuals, brought the
charge from many quarters that the Soviets
were guilty of genocide.
One year later the Chinese Communists
crushed the Tibetan revolution with such
ruthless measures that the International
Commission of Jurists, in its report on the
question of Tibet, made the unequivocal
statement, that Red China had been guilty
of the crime of genocide.
In recent years we have witnessed in the
Soviet Union a systematic campaign against
.the Jewish minority and the Jewish religion.
While there have been no mass killings of
Jews, it is clear that the objective of this
campaign is the early and total obliteration
of the Jewish religion and of Yiddish culture.
Is this genocide within the meaning of con-
vention? This is a matter that might have
to be decided by some properly constituted
authority. but certainly the allegation of
genocide in this case merits the, most careful
consideration.
In each of these instances the conscience
of America has been shocked. We .have
cried out in protest. Our leaders and our
spokesmen have decried the mass killings,
and in some cases, they have even used the
term "genocide" in referring to the crimes
perpetrated by the Communists in these
countries,
But the impact of our protest is weakened
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and our ability to intervene effectively re-
mains seriously restricted so long as we our-
selves have not ratified the Genocide Conven-
tion, which makes such acts an international
crime.
What is more, I feel that our entire moral
position, and our claim to leadership in the
fight for freedom and justice and human
decency, is prejudiced by our failure to ratify
the Genocide Convention and the three other
United Nations conventions dealing re-
spectively with the abolition of all forms of
slavery, the abolition of forced labor, and
the political rights of women.
What an irony it is that this Nation, which
abolished slavery almost 100 years ago, which
does not practice, genocide at any level of
government, which long ago put an end to
forced and indentured labor, and whose
women enjoy the broadest political rights,
should abstain from ratifying these four
basic United Nations documents dealing with
the rights of man, while the Communist na-
tions, which are guilty on every score, have
ratified all of .these conventions or most of
What a false image of the United States
our persistent failure to ratify these conven-
tions projects to the world.
Needless to say, the Communists are clever
enough to make use of our failure. for the
purpose of challenging our commitment to
freedom and blackening our reputation.
Among the newly emerging nations of the
world, regrettably, the most widely believed
facts about the United States are frequently
those purveyed by radio Moscow or Peiping.
For example, in January of 1964, there was
a debate in the UN subcommission on the
prevention of discrimination and the protec-
tion of minorities. The Soviet member
strongly opposed the establishment of inter-
national machinery for reporting upon and
encouraging the elimination of racial and
ethnic discrimination. At every point he was
on the defensive. Finally, he decided to go
over to the offensive.
The Soviet spokesman suggested that it
was rather hypocritical of the American dele-
gate, to charge the Soviet Union with resist-
ing the establishment of implementation ma-
chinerv when "the United States had not
ratified the Convention on the Prevention
and Punishment of the Crime of Genocide or
the Convention on Slavery."
The American delegate had to reply in em-
barrassment that he could only "regret of
course that my country has not ratified the
Convention on Genocide."
I am certain that as this exchange was re-
ported over radio Moscow and radio Peiping,
primitive peoples around the world were led
to believe that the United States was opposed
to ratification because it practices slavery and
practices genocide.
It is time-high time-that we put an end
to this invidious situation.
In the words of our martyred President,
John F. Kennedy, "The United States cannot
afford to renounce responsibility for support
of the very fundamentals which distinguish
our concept of government from all forms of
tyranny."
There is only one way out of this dilemma.
The'Senate of the United States must at the
earliest opportunity act to ratify the Geno-
cide Convention and the Conventions on
Slavery, Forced Labor, and the Political
Rights of Women.
I know that some Senators have expressed
the opinion that tilgse measures will fail of
ratification bemuse lwe cannot get two-thirds
of the Members of the Senate to vote for
them. With this point of view I strongly
disagree.
This conference has demonstrated in the
most dramatic possible manner that, the
American people, in their overwhelming ma-
jority, favor the ratification of the four U.N.
conventions dealing with the rights of man.
I am confident that, given the necessary
leadership, and given a patient exposition
of the facts to the Members of the Senate,
the Senate will not only ratify these meas-
ures, but will do so by a very substantial
majority.
And I want to pledge to you that during
the months to come I shall make this one
of my chief objectives both within the For-
eign Relations Committee and within the
Senate itself.
There is one final proposal I would like
to make. Looking forward to the time when
the Genocide Convention has been ratified,
I think we must start thinking in terms of
practical measures to make it effective.
As the convention now reads, each nation
ratifying the convention undertakes to enact
legislation to implement the convention, and
it also provides that any person charged with
commission of an act of genocide should
be tried by a court of the state in whose
territory the act was committed.
These articles of the Convention, in my
opinion, constitute the most effective an-
swer to those who charge that ratification of
the convention would result in a surrender
of our sovereignty to some unnamed and
nonexistent international tribunal. But the
articles leave something to be desired be-
cause it is questionable whether any Com-
munist states can be trusted to prosecute
their own nationals for the crime of geno-
cide. And it is also questionable whether
any state, Communist or democratic, will, in
our lifetime, voluntarily agree to submit
matters of such significance to the judgment
of an international tribunal. I believe this
is so despite the fact that no democratic
state has practiced genocide or will practice
it.
How then can we give effect to the Geno-
cide Convention?,
There is an approach to this problem
which would involve no surrender of na-
tional jurisdiction, but which would be more
effective as a deterrent to genocide than the
present provisions of the treaty.
The United Nations has been at its best
when it has been a matter of setting up an
investigative committee to establish the facts
in countries like Greece, or Hungary, or South
Africa, or Borneo, or Vietnam. Invariably,
these committees have reported objectively
and fearlessly.
When the Genocide Convention is ratified,
I would like to propose that serious thought
be given to establishing a continuing in-
vestigative mechanism within the United
Nations, under which serious allegations of
genocide would lead to the appointment of
special committees with the instruction to
investigate and report back.
The member nations of the U.N. would be
obligated to cooperate with such commit-
tees in any investigations conducted on their
territory. The committees would have no
juridical power, nor would the U.N. itself.
But the mere power of investigation-the
power to seek out the facts and bring them
to public light-would, in my opinion, op-
erate as a powerful deterrent to genocidal
crimes and to other violations of human
rights.
If the U.N. could be endowed with this
responsibility by the consent of its member
nations, it would give the world organiza-
tion new meaning and a new lease on life.
I submit these thoughts for your consid-
eration because I am confident that the
Genocide Convention will be ratified, and the
time is, therefore, arriving when we must
begin to think of next steps.
I wish you godspeed in your deliberations.
THE 144TH ANNIVERSARY OF
GREEK INDEPENDENCE
Mr. DODD. Mr, President, it is par-
ticularly fitting that the Senate should
pay tribute to the Greek nation on the
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5$38 CONGRESSIONAL RECORD -HOUSE
introduced is not intended in any way
to be a substitute for an omnibus bill or
to delay in any way an omnibus bill, be-
cause it is my understanding that the
Committee on Public Works does intend
to proceed with hearings on new proj-
ects tinder an omnibus bill in the very
near future.
We invite those who are in the basins
affected by this legislation introduced
today to join us in seeking the quickest
possible consideration and approval of
this legislation.
?`1VMr. CRAMER. Mr. Speaker, will the
gentleman yield?
Mr. EDMONDSON. I am happy to
yield to the gentleman from Florida.
Mr. CRAMER. I am delighted to join
in the introduction of this legislation.
It is absolutely essential at this time. I
trust Congress will take immediate
action.
. ` Mr. EDMONDSON. I thank the
gentleman.
EQUALITY OF OPPORTUNITY
TIIROUGI3 EDUCATION
(Mr. A'I'RES asked and was given per-
mission to extend his remarks at this
point in the REcoan.)
. Mr. "AYRES. Mr. Speaker, having
been assured by a high authority that
H.R. 2362 would be brought to some con-
clusive action today, I confirmed long-
standing arrangements to participate in
the, wedding ceremony of my daughter,
Virginia, to Dr. James Mount. The wed-
ding is taking place in Akron, Ohio.
'As'you know, Mr. Speaker, I have con-
sistently supported all of the truly con-
strtictive educational bills that have been
introduced in'Congress. As my remarks
of yesterday must indicate, I cannot sup-
port H.R. 2362, as It has been presented.
Early -this March, I requested the
House Rules Committee to withhold ac-
tion on this bill until my educational
bill, H.R. 6349, could be considered. This
bill was also introduced by Representa-
tives CURTIs and GOODELL. I would call
your attention that one title of this bill
Is identical to that introduced by Sen-
ator ABRAHAM RIBTCOFF,
It is unfortunate that the House is not
to have the opportunity to vote on this
legislation.. H.R. 6349 would certain-
ly bring about equality of oppor-
tunity through education-however, the
Speaker, the gentleman from Massa-
chusetts [Mr. MCCORMACH) has advised
me that his bill would not be germane to
H.R.'2362, as a substitute.
Meetings with the minority assure me
that the plans for the corrections of the
many Inequalities of H.R. 2362 are in
most capable hands. The very Members
who shall offer amendments and oppos-
ing action on H.R. 2362 are the very same
Members who have so ably added cor-
xective amendments to other legislative
n~4tters that have successfully been en-
acted into law.
ATTO~.
pertnissr"onto address the House for 1
minute and to revise and extend his
remarks.,)
Mr. ABBITT. Mr. Speaker, Friday,
April 9, is the 100th anniversary of one
of the most important dates in the his-
tory of our Nation. One hundred years
ago on that day, Gen. Robert E. Lee and
Gen. Ulysses S. Grant met at the confer-
ence table at Appomattox, Va., and
negotiated peace terms between the
North and the South. I know of no
event of more importance to our Nation
since our Constitution was adopted. It
represented the uniting of a war-torn
nation, the healing of a breach, the
welding together of a great people, the
rebirth of a nation,
There will be conducted at the Ap-
pomattox Court House National Histori-
cal Park commemorative services honor-
ing these two great men, Generals Lee
and Grant, as well as the peace that was
achieved that day 100 years ago. Gen.
Ulysses S. Grant III, a grandson of Gen-
eral Grant, and Robert E. Lee IV, a great-
grandson of General Lee, will take part
in the ceremony dedicating the restora-
tion of the old court house where the
Confederate soldiers were mustered out
after the peace terms had been agreed
upon. Mr. Bruce Catton, the author of
"A Stillness at Appomattox," a noted
scholar, and Pulitzer prize winner as well
as a great historian, will deliver the ad-
dress. The Marine Band from Quantico
will provide the music. The Governor
of Virginia and many other notables will
be present.
On behalf of the people of Appomat-
tox in particular and Virginia in general,
I extend to my colleagues in the House
of Representatives a cordial invitation
to attend these exercises as our guests
and to visit this great shrine which
stands as an emblem of peace between
our people and in memory of those great
warriors who fought, bled, and died for
principles they believed In and were wil-
ling to sacrifice their all in defense of
same.
THE STATUTE OF LIMITATIONS ON
NAZI WAR CRIMINALS AND GER-
MANY'S RECOGNITION OF ISRAEL
(Mr. MULTER asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. MULTER. Mr. Speaker, I am
sure that all of us are gratified today by
the news that the West German Parlia-
ment has extended the statute of limi-
tations on the prosecution of Nazi war
criminals for 4 years. I know that all
of the members of the Jewish community
recognize this as a further demonstra-
tion of responsibility on the part of the
West German Government.
We are equally pleased at the eminent
prospect of an exchange of ambassadors
between West Germany and Israel. The
West German authorities are to be highly
congratulated for their response to the
dictatorial demands of President Nasser
of the t7hited Arab Republic. This
courageous action deserves tribute from
all of us who have supported the cause
of the State of Israel.
These actions-the recognition of
Israel and the extension of the statute
of limitations--are in stark contrast to
the position taken by the Soviet puppet
March 25, 1965
government in East Germany. That
government has done everything possible
during the past 20 years to create chaos
in Europe. From the Berlin airlift to
the Berlin wall, East Germany has dem-
onstrated the lack of interest of its
Soviet masters in securing peace and a
reunified Germany.
Concomitantly, East Germany has
done nothing whatever to atone for Ger-
many's crimes during the Second World
War. No Nazis are being tried or traced
behind the Berlin wall. Very little co-
operation In making records of the Nazi
period available has been received from
behind the Berlin wall. No restitution
has been made to the Jewish victims of
nazism from behind the Berlin wall. No
help has come to Israel from behind the
Berlin wall.
What has come from behind that wall?
A pledge of $100 million from believers
in freedom throughout the world wel-
come the actions of both Israelis and
Germans in demonstrating to the free
world that morality is a function of gov-
ernment and that blackmail must not be
yielded to.
We commend all freedom-loving peo-
ple everywhere who joined In the effort
to convince the Federal Republic of
Germany to act as properly as it has.
We salute the high-minded officials of
that Government for once more standing
up for the right.,
BYELORUSSIAN INDEPENDENCE : A
TRIBUTE
(Mr. ROONEY of New York asked and
was, given permission to address the
House for 1 minute and to revise and ex-
tend his remarks.)
Mr. ROONEY of New York. Mr.
Speaker, today we pay tribute to the
Byelorussians, a people who have been
cursed by the misfortunes of geographic
determinism; for there is no doubt that
if their country had not been situated
within the shadows of Great Russian
power, Byelorussia would probably be an
independent nation-state today.
Geographic determinism is a principle
in politics that can work to the advan-
tage or disadvantage of nation-states.
We Americans were singularly blessed by
the geographic fact that during our for-
mative years we were isolated by and
large from the Incessant political strug-
gles that plagued modern European
states. And when we were sufficiently
strong, we were able to make our entry on
to the world political scene with more
than a reasonable assurance of success.
But, nations- like Byelorussia have
never enjoyed the benefits of geography.
Caught up in the crossfire of the Teu-
tonic-Slavic struggle, they never had the
choice to achieve their national aspira-
tions in an atmosphere of political seren-
ity. In fact the only respite they
enjoyed as a nation came with the dis-
solution of Russian power and at that
time they declared their independence.
But with the reemergence of Russian
power in the form of Soviet communism,
Byelorussian independence was doomed.
On this day of national dedication we
join with freemen the world over in re-
newing our pledge to the universal hope
of self-determination of all peoples.
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March 25, 1965 CONGRESSIONAL RECORD -HOUSE
decrease the number of underprivileged
youths who can participate.
Second, because this wage is in many
eases higher than that provided by local
industries not covered by Federal mini-
mum wage legislation, the youngster may
be earning more than his parent. This
could encourage dropo}its-the very
thing this bill is designed to avoid.
This is only one instance among many
that makes one wonder why Congress
labors long and conscientiously to enact
so` n , constructive legislation only to
set it, go down the drain because of inept,
bullheaded application,
THE *LEMENT9.RY AND SECONDARY
EDUCATION ACT OF 1965
(Mr. KEE asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
. Mr. KEE. Mr. Speaker, the No. I
business of the American people today
is education.
The Elementary and Secondary Edu-
cation Act of 1965 (H.R. 2362) is an
Mential step that we must take.
If we.are to keep faith with our fore-
fathers, we here today have an obliga-
tion to, the younger generations, - and
those yet to come, to provide the oppor-
tunity for the best education possible
in order that they may be properly pre-
pared to assume positions of responsibil-
ity and leadership which will one day be
.theirs. The teachers in our public school
systems, the elementary and secondary
schools, do more than educate our chil-
dren. They are, in fact, the primary
guardians of our democratic heritage.
Therefore, the strength of our, Nation
will depend in the future, as it has in
the past, on, the strength of our elemen-
tary and secondary schools.
No one can deny the fact that we
must do everything within our power to
give local school districts of limited fi-
nancial resources an opportunity to pro-
vide every child-those who come from
families with such limited incomes-an
opportunity for a solid foundation in the
basic education of skills.
,It is with deep respect that I pay high-
est compliments to the Honorable CARL
D, PEEXiws, of Kentucky, chairman of
the, General Subcommittee on Educa-
tion, of the Committee on Education and
,abor, for his dedicated service and un-
tiring efforts which resulted in our con-
sideration of H.R. 2362.
In particular, the formula that he has
proposed for. financial assistance is equi-
table and fair and it will provide our
local school districts with the essential
finances which they so desperately need
in order to properly fulfill their respon-
sibilities.
In conclusion, Mr. Speaker, it is my
fervored,hope that the Members of the
House will pass this historic legislation
exactly as reported by the Committee
on Education and Labor, without a single
gunendment,
MAPLE SYRUP RESEARCH
(Mr. TODD asked and was given given
permission to address the House for 1
minute and to revise and extend his re-
marks,)
Mr. TODD. Mr. Speaker, it was an-
nounced on December 31, 1964 that a re-
search program costing $285,400 to fur-
ther improve the quality and reduce the
cost of producing maple syrup would be
discontinued. The explanation for this
decision was that the returns on the re-
search dollar of the USDA would prob-
ably be higher in some other area. In
view of the spectacular results of the
past research program on maple syrup
it is felt that there is no further place to
go with maple syrup research.
The research financed by the USDA,
costing . about $1,500,000 since 1948,
has indeed produced spectacular results.
It can very well be said to have preserved
the industry, and kept maple syrup on
our tables.
Here are some of the most spectacular
accomplishments:
First, The yield of sap per tree has
been increased 60 to 80 percent.
Second. The flavor quality per gallon
of syrup has..been increased four times.
. Third. The factors causing offgrade
syrup have been found and eliminated.
The net effect of this research to the
farmer will be, once it has been fully ap-
plied, a sixfold increase in the value of
the product from his sugarbush.
In 1964, the value of maple products
produced in the United States was $8
million. Production was the highest in
the .last 9 years, and so was the price.
This means that maple products, unlike
many farm products, has a very high
elasticity of demand, and that if produc-
tion is increased further, the effect on
price will not be great. Increased pro-
duction will result in increased farm in-
come-without Government supports.
These areas of research need further
work, and justify a continuation of this
program :
First. Methods for storage of sap with-
out deterioration: The unpredictability
of occurrence and amount of maple sap
flow often results in the production of
sap quantities far in excess of the ca-
pacity of evaporating equipment. This
necessitates the storage of sap for periods
of 4 to 6 days and results in deteriora-
tion of the sap. Current practices permit
satisfactory storage for a maximum of
24 hours. Methods should be developed
to provide for the delivery of sterile sap
to the evaporation storage facilities.
Better methods of sap handling and
sanitation in the woods, in transit, and
in plant storage tanks are needed.
Second. Expansion of studies already
initiated on the adapting of food pro-
cessing plant equipment and modifying
sirup making procedures: This work
should be expanded so that more food
processing plants can be converted to
maple sirup production during their idle
period. This was recommended by the
Forestry Research Advisory Committee
at their meeting in November 1964.
Third. Improvement in the efficiency
of sap evaporating equipment: The cost
of evaporating maple sap to sirup is one
of the major items in maple sirup pro-
duction. A further lowering of evapora-
tion costs is essential to the lowering of
the price of sirup.
Fourth. Identification of the flavor
potentiator(s) in maple sirup: Pre-
liminary studies have indicated the
presence of a flavor potentiators) in
maple sirup. Work should be initiated
to discover its nature and identity. The
production of this food potentiator could
provide new and expanded outlets for
maple sirup.
Fifth. Studies on the nature and prop-
erties of maple flavor precursors: This
will provide information necessary for
further improving sirup manufacturing
methods. The identity of the precursors
of maple flavor and tests for identifying
them would be of great value to the
Forest Service in their selection and
propagation of maple trees for maple
sirup production.
Sixth. Methods are needed for the cul-
turing, stocking, and commercial distri-
bution of cultures of organisms required
for the development of enhanced maple
flavor by controlled fermentation.
Seventh. Methods to prevent the for-
mation of sugar sand in sirup: Methods
need to be developed that will remove the
formative agents of sugar sand from sap
or sirup. This could be done by use of a
chelating agent to be added to the sap or
sirup or by ion exchange techniques. In
either case the treatment must in no way
affect the maple flavor.
In the middle of February, in Michi-
gan, we begin to get our first thaws. The
sun, on a clear day, begins to give its
warmth to us again. The rough black
bark of the sugar maple absorbs the heat
of the sun's rays, and on the south side
of the trees the sap begins to stir. This
is the time we tap the tree, and join in
the resurgence of life as winter begins to
melt away. The trees give of their mel-
lowed sweetness through the month of
March, until their buds are swollen and
their flowers burst into bloom, throwing
their pollen to the bees and to the winds.
I hope we may continue to help these
hardy men who love their maples to learn
more about them, so that the bounty
which they give us will continue to in-
crease. I trust the Department of Agri-
culture will reconsider its decision.
(Mr. DULSKI asked and was given
permission to address the House for 1
minute.)
Mr. DULSKI. Mr. Speaker, on rolleall
No. 43, I was recorded as not voting.
Due to my attendance at a meeting in
my district relative to the preservation
of the Ansley Wilcox House as a national
historic site, I was delayed in returning
to Washington. If I had been present,
I would have voted "yea."
BASIN AUTHORIZATIONS
(Mr. EDMONDSON asked and was
give permission to address the House for
1 minute and to revise and extend his
remarks.)
Mr. EDMONDSON. Mr. Speaker, a
number of us who serve on the Commit-
tee on Public Works have joined today
in introducing a bill to provide a 1-year
extension on basin authorizations for 10
basins in the country which face the sit-
uation in which the authorizations will
be exhausted in the very near future and
appropriation requests therefore would
be imperiled.
We wish to make it very clear that this
basin authorization bill which is being
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March 25, 196.5
MA3'LAND DAY
(Mr. MATHIAS asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
.Mr: MATHIAS. Mr. Speaker, Mary-
land Day, 1965 marks the 331st anni-
versary of the founding of the colony that
has become one of the great States of
the Union. In the course of 331 years
Maryland has given the Nation and the
world many concepts that are now basic
principles of modern thinking. Religious
toleration and the right of women to par-
ticipate in political activity were, for
example, both asserted in 17th-century
Maryland.
In 19,65, we shall mark the bicentennial
of an event in Maryland history that has
few parallels in its importance to all of
America. A tax to be raised through
stamps required for legal documents was
imposed on the American colonies by the
British Parliament in 1764. As most
taxes are, the stamp tax was unpopularly
received, but in addition it raised the
constitutional questions of "taxation
without representation" and the extent
of the legislative powers of the Parlia-
ment at Westminster over the colonies of
British America." Discontent was ex-
pressed through the organization of the
"Sons of Liberty" and the adoption of
resolutions of protest.
In Maryland the reaction to the Stamp
Act was rational, forceful. and highly
significant. The greatest patriot interest
in the colony was expressed in Frederick
County the mother county of western
Siicli" procaeiffrigs served to attract popular
attention to the principles under discussion.
On this occasion, 'pursuant upon the colors,
drums, and a banner proclaiming the inde-
pendent action of the magistrates, there came
inscriptions such as "Magna Carta," `Charter
of Maryland," "Trials by Juries Restored,"
"Oppression Removed," "Liberty and Loyal-
ty." Finally, there appeared a coffin with
the legend: The Stamp Act, expired of a mor-
tal stab received from the Genius of Liberty
in Frederick County Court, 28d November,
1765-aged 22 days.
Charles Albro Barker, in "The Back-
ground of the Revolution in Maryland"
calls the court's order the "first sign" of
resistance :
The first sign that the colony would disre-
gard the tax came from Frederick County, in
November. The county judges decided that,
since they had never received official notice
of the Stamp Act, they would proceed with
the regular business of the court, as if they
had no reason to believe that special cir-
cumstances existed. The decision was cele-
brated in a fitting manner. Self-styled "Sons
of Liberty" of Frederick town honored the
judges with a ball and many patriotic toasts.
They buried the Stamp Act in a mock fu-
neral, where the only mourner was an effigy
of Zachariah Hood.
The political consequences of the fer-
ment that arose because of the Stamp
Tax are probably unequaled in all his-
tory. The constitutional principles of
representative government and political
self-determination which were to justify
the revolution in the next decade were
made household words throughout Amer-
ica by the intense interest aroused by the
Stamp Act.
I alyland, whose '.boundaries, then in-) A less recognized aspect of the action
eluded all that now comprises Montgom-
ery Washington, 'Allegany, and Garrett
Counties and much of Carroll County.
The 12 judges' of Frederick County
rendered an opinion that the court should
proceed with its business without the con-
troversial revenue stamps, and it so
ordered its clerk. This action won
mediate and vigorous approval.
dean of Maryland historians, James Mc-
Sherry, in assessing the importance.of
the judicial action said the "Frederick
County Court had the high honor of first
deciding, in a legal manner, the uncon-
stitutionality of the Stamp Act."
McSherry further reports:
This decision' was received with joy; and
the people hastened to celebrate so important
and significant an event. The festival took
place in Frederick, on the 30th of November,
1765. The "Sons of Liberty," in funeral pro-
cession, in honor of the death of the Stamp
Act, marched through the streets, bearing a
Coffin, on which was inscribed: "The Stamp
Act, expired of a mortal stab received from
the Genius of Liberty, in Frederick County
Court, 23d November, 1765, aged 22 days."
Zachariah Hood, the late unfortunate stamp
distributor, was chief mourner, in effigy, and
the Whole affair ended merrily in a ball.
g-
tails, in descrlbirgthe repudiation:
On December it hi a supplement entitled
"an apparition of the late Maryland Gazette,"
the editor announced that the magistrates of
Frederick County had resolved that business
should go on without stamps, on the plea
that. the Stamp Act had not "been legally
tppp-smitted to them." This decision of the
magistrates was celebrated in Frederick Town
by an ' elaborate pageant or public parade.
of the Frederick County Court was the
impact upon judicial as well as political
precedents. Although the court adopted
a lawyers' pretext for its action, there
is no doubt from contemporary reaction
and from all the surrounding circum-
stances that the court fully understood
and appreciated the importance of its
decision in repudiating the Stamp Act.
McSherry is right in saying that the
court labeled it "unconstitutional," and
not worthy of obedience.
Thus we find jurists in America even
before the foundation of the Republic
who had the courage to be independent of
the power that elevated them to the
bench. The Frederick County Court, a
remote tribunal in a distant province
placed so great an importance on
"liberty" that it struck down the decree
of an imperial parliament, and reinforced
the power of courts to protect the rights
of a people even against its own rulers.
The repudiation decision is, therefore,
a great judicial precedent in America
and one of the important steps toward
the establishment of our State and Fed-
eral system of judges independent of
either executive or legislative control.
The' court was justly revered in its
own day and has been given recognition
for all of these two centuries. In 1894
the General Assembly of Maryland de-
clared that November 23 should be a le-
gal holiday in Frederick County. In 1904
a memorial to the immortal judges was
erected in the present Frederick County
Courthouse. It is important to remem-
ber each of them: Joseph Smith, Samuel
Beall, Thomas Price, William Luckett,
5839
David Lynn, Joseph Beall, Andrew
Heugh, James Dickson, Charles Jones,
Peter Bainbridge, William Blair, and
Today I have introduced a resolution
calling upon the President of the United
States to proclaim November 23, 1965, as
Repudiation Day in recognition of the
great significance of the action of the
Frederick County court as a preamble
to the American Revolution, and to fur-
ther bear witness to the importance that
we still place upon a judiciary that has
the courage to be independent and the
wisdom and strength to protect the liber-
ties of the people 'against every sort of
tyranny.
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5$ Q CQNG t,FSSIONAL RECORD - HOUSE March 25, .1965
,(Mr. O'HARA of Illinois asked and was
given permission to extend his remarks
at this point.)
[Mr. O'HARA of Illinois' remarks will
appear hereafter in the Appendix.]
The existing law provides for with-
holding of information relating to the
"internal management of an agency,"
but this has permitted secrecy regard-
ing matters such as budget procedures.
The Hoover Commission Task Force
EDUCATION
(Mr. SECREST asked and was given
permission to extend his remarks at this
point in the RECORD, and include ex-
traneous matter.)
Mr. SECREST. Mr. Speaker, al-
though I have spent over one-half of
my life in the field of politics, I consider
still that my profession is teaching. I
began my teaching career in a one-room
school with all eight grades at Opper-
man, Ohio. I taught in a junior high
school in Cambridge, Ohio. I was prin-
cipal of the high school for 41/2 years
in my home town of Senecaville, Ohio.
I resigned in January 1931, to serve in
the Ohio State Legislature. I was su-
perintendent of schools at Murray City,
Ohio, when I was elected to Congress in
1932. I resigned the first of March in
1933 to take my seat in Congress. I
realized then, as I do now, that the hope
of my country rests upon the character
and education of the young people who,
generation after generation, assume the
burdens and the privileges of citizenship
in our Republic.
Education has made great strides since
I taught my last class in school. In
spite of this progress, the incentive and
the opportunity for education Is seri-
ously lacking in our country. In spite
of all the money spent by local taxpayers
and States, 8 million adults in the United
States have completed less than 5 years
of school. School dropouts are setting
an all-time record which primarily ac-
counts for the fact that 20 percent of all
young people between the ages of 18 and
24. years, are unemployed. When we
compare this figure with the national
average of unemployment somewhere
near 5 percent, we can only conclude
that something more is needed. The
population explosion has crowded our
schools to the point where individual at-
tention to a pupil such as I received as
a student and gave as a teacher, is no
longer possible. It is shocking to note
that of all young men called up under
the Selective Service System, 21.6 per-
cent were rejected because they could
not pass the fairly simple mental tests
uniformly given throughout the country.
The burden of building new schools
and operating them has raised real
estate taxes. to the point where the prop-
erty owner cannot be expected to as-
sume greater and greater burdens. Fed-
eral aid to primary and secondary
education has long been discussed by
educators and nearly every interested
group in our Nation.
Two things have been uppermost in
the minds of all our citizens. The first
is the fear that the Federal Government
would attempt to control education in
the local school districts. Under H.R.
2362, all funds will be distributed through
each State to local school authorities,
who will determine what use will be made
of all Federal funds. I am convinced
that the Federal Government through
this bill will have no more control over
the operation of local schools than they
have had under the vocational education
program which has been in existence for
many decades. The use to which Fed-
eral funds will be applied will be deter-
mined solely by , the school authorities
on Legal Services and Procedure re-
aft, VANIK asked and was given per- ported that under the "internal man-
mission to extend his remarks at this agement" exemption, "hundreds of
point and to include extraneous mate.- interpretive regulations contained in the
rlgt.) claims manual of the Bureau of Old-Age
[Mr. VANIK'S remarks will appear and Survivors Insurance, Department of
hereafter in the Appendix.] Health, Education, and Welfare, were
? not i?ublished nor otherwise made avail-
able to the public; these were the very
PROPOSED PUBLIC RECORDS LAW same rules which governed the settle-
(Mr. EDWARDS of Alabama asked ment of more than 2 million claims a
and was given permission to address the year." ^
f agency can find no other basis for with-
holding information, it can resort to the
vague and all-encompassing concept
that the information be held "confiden-
tial for good, cause found."
Asa, result of these problems, Govern-
meAt agencies have been able to with-
hold substantial amounts of informa-
tlon from the public, and I want to
"submit, Mr. Speaker, that this situation,
together with the generally expanding
centralized authority in the Federal
Government, constitutes a real threat to
the continued strength of our democratic
system of government.
Excessive control of Information about
a government always accompanies the
assumption of excessive power by that
government, and the survival of our rep-
resentative system depends on a continu-
ing public access to information about
the Government,
The proposed bill would require that a
Feder aa?. agency would have to prove its
right to withhold specific records. Per-
sons seeking Government information
could Ale suit in a U.S. district court
which would have the authority to order
the production of agency records im-
properly withheld and would have the
power to punish agency officials for con-
tempt if they refused to disclose the
records.
Federal Government records which
would be exempted from the disclosure
requirements would include national de-
fense; and foreign policy secrets spe-
cifically protected by Executive order,
documents relating to internal personnel
rules and practices of an agency, priv-
ileged trade secrets, agency memoranda
dealing solely with matters of law or
policy, personnel and medical files, in-
vestigatory files compiled for law en-
forcement, and certain reports used by
agencies, responsible for regulation of
financial? institutions.
Activities and decisions of the Federal
Government should be open to full scru-
tiny of citizens. But too often we are
confronted with bureaucrats who seem
determined to keep the business of Gov-
ernment ?under a rug of secrecy.
The management of news has become
an accepted procedure in almost every
,departmental office, from top to bottom,
,in the administration.
A public records law Is badly needed
so that citizens will be better able to de-
termine whether Federal agencies are
acting in ways which are responsive to
the needs and wishes of the people. _
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