VC WOULD LIQUIDATE 3 MILLION IF IT WON, U.S. EXPERT CONTENDS
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May 15, 1970
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WAS (p4 () PAGE
WASHINGTON POST DATE
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1
VC Would Liquidate 3 Million
If It Won, U.S. Expert Contends
By Robert G. Kaiser
Washington Pos' Foreign Service
SAIGON, May 14-One of
tho U.S. government's leading
experts on the Vietcong has
written a paper predicting that
"if the Communists win de-
cisively in South VietnarO, ally
political opposition, actual or
potential, would be systemati
calily eliminated."
The author of the paper. is
1 Douglas Pike, who has written I
two books on the Vietnarr,ese
Communists and is now a
United States Information
Service officer in Tokyo. He
.wrote "The Viet Cong Strategy
of Terror," a 125-page mono-
graph earlier this year, The
U.S. mission here plans to re-
lease it soon.
Pike's work seems to be a
:rejoinder to those who have
mocked suggestions that the
Communists would wipe out)
thousands of their opponents
if they took over South Viet-
nam. Pike says that if the
Communists win the war here
decisively ("and the key word
is decisively," he writes), the
result will be "a night of the
long knives" to wipe out all
conceivable dissidents---per-
haps 3 million persons.
Pike contends the massacre
would go on in secret, after all
foreigners had been expelled
'from Vietnam:. "The world
would call it peace, Pike
writes.
He cites a list of 15 cat.c o-
i?ies of citizens who would he
murdered, saying such a list of
categories is often found in
captured documents. Pike
notes a statement by Col. Tran
Van Dac, one of the highest-
ranking Communists ever to
!defect to the Saigon regime,
that "there are 3 million
South Vietname e on
blood debt list." Approv4
Pike's predictions are. the'
most dramatic aspect of his
paper. Most of it is devoted to
an analysis of the Vietcong's
present and past uses of ter-
ror. A major section analyzes
the 1968 massacres at Hue.
"It would not be worthwhile
nor is it the.purpose of this
monograph to produce a word
picture of Vietnamese.. Com-
munists as fiendish fanatics)
with blood dripping from their!
hands," Pike writes. ? Rather, l
he says, he wants to describe
how the Vietcong use and jus-
tify terror as a crucial part of
their war strategy.
Current ? "Vietcong doctrine,
Pike contends, calls for terror
for three purposes: to dimin-
ish the allies' forces, to main-
tain or boost Communist mo-
rale, and to scare and diso.
rient the populace. He says
the enemy seems to be moving
more and more toward a ter-
rorist strategy as part of a
new kind of protracted war.
(Official government terrorist
statistics show a sharp in-
crease in kidnapings, assassi-
nations and other terrorism in
recent months.)
In central Vietnam, Pike1
writes, Vietcong units are
given terrorist quotas to fulfill.
As an example, he cites intelli-
gence information that special
Vietcong squads in parts of
two provinces were told to
"annihilate" 277, persons dur-
ing the first half of 1969.
In the. most detailed analy-
sis of the killings at Hue yet
published, Pike writes that
"despite contrary appearances,
virtually no Communist killing
was due to rage, frustration or
panic during the communist
withdrawal" from Hue, which
the Vietcong held for 24 days.
in February 1968.
"Such explanations are
livil Pike continues,
Mizut trey faifi io 'i6Td up
tinder scurtiny. Quite the con-
trary, to trace hack any single'
killing is to dis that 'al.I
most without exception it was
the result of a decision ra ,
tional. and. justifiable in thee;
Communist. mind."
According. to Pike's. analysis
of the flue. massacres, the
Communists changed their
minds twice after seizing the
city on Jan. 31. At first, Pike
writes - he claims, captured
documents show this-the
Vietcong expected to hold Hue
for just seven days.
During that first phase, Pike
says, the Vietcong purpose-
fully executed key individu-
als whose elimination would
greatly . weaken the' 'govern-1
ment'sadruin is t rat iv e apparatus.
After they. held on more'
than seven days, Pike's theory
continues,' the Communists de-
cided they would be able to
stay in Hue indefinitely. Pris-
oners, rallicrs and intercepted
messa~ps at the time confirm'
this,,, according to Pike.-
In this euphoric mood, he
writes, the Communists set
out to reconstruct Hue society,
eliminating not just specific
individuals, but whole catego-
ries of citizens whose, exist-
ence would, hinder creation of
a new revolutionary society.
Perhaps 2,000 of the estimated!', I;
5,800 persons killed at Hues;
were slain during this second
phase, Pike suggest.
Eventually. Pike continues,
the battle turned against the
Communists in Hue and they
realized they would have to
abandon the city. This realiza-
tion led to phase three, PikeI
writes: "elimination of wit-,
nesses." The entire under-
ground Vietcong structure in
Hue had probably revealed it
self by this time, and now had
to protect itself by eliminating
many' who could later turn'
them in to government author- i
ities, Pike theorizes.
For this reason; citizens I
taken from their homes
merely for political indoctrina-
tion had in he killed when the
Communists decided to flee
flue, Pike suggests.
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Apr'il' 27, 1970 CONGRESSIONAL RECORD -SENATE
derstanding, and consideration that has
been shown.
I point out that while in 1968 the crime
rate rose by 16 percent, in 1969 it rose
by only 11 percent; so percentagewise
there has been a diminution, but overall
there has been an increase.
I think the times call for action, and
I hope Congress will face up to its re-
sponsibilities this year, and do it soon.
ECONOMIC ASPECTS OF THE WAR
IN VIETNAM
Mr. MANSFI VIblrPre-&ideint, I ask
unanimous consent that the testimony by
Louis B. Lundborg, chairman of the board
of the Bank of America, before the Sen-
ate Committee on Foreign. Relations on
April 15, 1970, be printed in the RECORD
at the conclusion of my remarks.
The ACTING PRESIDENT pro tem-
pore. Without objection, It is so ordered.
(See exhibit 1.)
Mr. MANSFIELD. I make this request
because Mr. Lundborg happens to be a
Montanan. He is chairman of the board
of the largest bank in the country,_ and
his testimony, I think, is worthy of the
consideration of all Members of this
body.
I also ask unanimous consent that an
article by Hobart Rowen, entitled "Busi-
ness Can't Ignore Protests," published
in the Washington Post of Sunday,
April 12, 1970, be printed in the RECORD,
because it is related to the remarks made
by Mr. Lundborg.
The ACTING PRESIDENT pro tem -
pore. Without objection, it is so ordered.
(See exhibit 2.)
EXHIBIT 1
TESTIMONY BY Louis B. LVN,DBOR6
My name is Louis B. Lundborg. I Am Chair-
man of the Board of BankAmerica Corpora-
tion and of the Bank of America N. T. & S. A.
I am pleased to respond to your request that
I testify here today.
My testimony this morning will be on
some of the economic aspects of the war in
Vietnam. In preparing this testimony I have
had the benefit of the best thinking of the
staff of, the bank's Economics Department,
as well as that of many other officers of our
bank on the economic impact of the war.
In this testimony I will confine my re-
marks to the economic impact of the war.
While I have strongly held personal feelings
on other aspects of the war, I do not feel
it is appropriate or proper to express these
views as Chairman of the Board of Bank of
America.
The thrust of my testimony will be that
the war in Vietnam distorts the ,American
economy. The war is a major contributor to
inflation-our most crucial domestic eco-
nomic problem. It draws off resources that
could be put to work towards solving im-
perative problems facing this nation at home.
And despite the protestations of the new left;
to the contrary, the fact is that an end to
the war would be good, not bad, for American
business.
There is, I think a pernicious, but widely--
held belief that war generally has been an
agent for economic growth, and therefore
good for business. My plan this morning is
to spend a few minutes discussing that be-
lief and then to move on to the specifics of
Vietnam where it is possible to speak, not
only in general terms, but to back up our
conclusions with specific economic statistics
and indicators.
First, therefore, let's look at the general
proposition that war has been an engine for
rapid economic growth. While it is difficult,
if not impossible, to prove conclusively that
on balance war has not been an agent for
rapid economic growth, there are a number
of carefully reasoned investigations into this
subject supporting the position that peace is
far better for economic development. Al-
though these careful analyses tend to reject
the assumption that war is a boon to the
economy, the public is generally unaware of
this and continues to believe that war con-
tributes positively to economic development.
It is time to set this record straight. Mr.
John U. Nef's book, War and Human Progress,
systematically examines the interrelations
of war and economic growth from 1494 down
to 1950. His analysis indicates that the in-
dustrial revolutions of both the Elizabethan
and Napoleonic periods were developed not
in warring Europe, but in peaceful England;
that the invention of gun powder and of
many other weapons of war was a by-product,
not of military need but of peaceful industry,
and that, certainly, pure and possibly even
applied science has flourished most in peace
and least in war.
Dr. John J. Clark, Dean of the College of
Business Administration at St. John's Uni-
versity in New York, in his book, The New
Economics of National Defense, reviews the
impact of war on economic development.
In summary, he states, "The preponder-
ance of evidence supports the judgment that
war, on balance, does not correlate positively
with economic progress. Settlement by arms
not only causes a great net waste of re-
sources: it also retards industrial develop-
ment and the division of labor."
Other authorities have shown (1) that ris-
ing expenditures for research and develop-
ment may actually be reducing the rate of
economic growth in the United States, and
(2) that the process of transferring scien-
tific and technological advances: in space and
military R and D is becoming increasingly
difficult. To the extent that it can be shown
that war in general is not good for economic
progress, then it should be equally obvious
that war is not good for business.
I could go on citing other expert testi-
mony that war in general is not an engine
of economic progress-but let me move on
to the real issue-the war in Vietnam.
As you probably know, Mr. A. W. Clausen,
the President of the Bank of America, spe-
cifically rejected the charge that we as an
institution support and profit from the war
in Vietnam. He further stated, "this bank
has consistently pointed out that an' end
to the war in Vietnam would be good, not bad,
for American business." I would like to
elaborate on this point.
There have been reckless and often delib-
erately malicious charges that the U.S. busi-
ness community has supported the Vietnam
war in an effort to reap huge profits. Let's
look at the record. In a very narrow sense,
it is certainly true that individual firms
which supply material and services to the
military have made profits. In our market
economy, the federal government purchases
most of the goods and services it requires
from private firms, and those firms must
be profitable in order to survive. This
is true whether the firm is contracted to
build a highway, produce a postal delivery
truck, construct a school, improve a slum or
produce a military aircraft. But as Mr. Hud-
son B. Drake pointed out in the January-
February 1970 Harvard Business Review, the
Government has established elaborate proce-
dures to assure that profits on government
contracts are not excessive, and in general
these procedures have been effective.
I recognize that it is statistically impos-
sible with the data available to calculate
what portion of various firms' profits are gen-
erated by demands for, goods and services
needed to prosecute the Vietnam War. In an
effort to get some rough approximation of
the profitability of corporations doing sub-
S 6205
stantial business with the Government, I
did some checking on the corporations re-
ceiving the largest amounts of funds from
Government contracts. Actually, I took the
list from a publication of a "peace group"
who proclaimed these firms to be war profit-
eers. The top ten firms for which we had
data had a pattern of profits after taxes per
dollar of sales quite similar to the national
average. This means that the firms did bet-
ter in the 1962-1965 period than in the post-
escalation years. It is also interesting to
note that except for 1962 the average profits
after taxes per dollar of sales for the ten
firms was below the comparable national
average for all manufacturing industries or
durable goods industries. When I checked
the twenty-five largest firms their profit after
taxes per dollar of sales figure was also below
the national average.
I realize, as I said before, that these figures
are inadequate to prove any case conclu-
sively. They do, however, cast serious doubt
on the extravagant claims we have heard
about war profiteering.
We do have more than adequate data to
demonstrate that the escalation of the war
in Vietnam has seriously distorted the Amer-
ican economy, has inflamed inflationary pres-
sures, has drained resources that are desper-
ately needed to overcome serious domestic
problems confronting our country, and has -
dampened the rate of growth in profits on
both 'a before and after tax basis. In the
middle of 1964 when the Vietnam escalation
began, the economy was in quite good shape.
We had at that time an uninterrupted eco-
nomic advance of 52 months-a peacetime
record-unemployment averaged 41/2 percent,
the consumer price index had increased only
1.2 percent during the first 6 months of
1965, and the average operating rate of in-
dustrial capacity was at 90 percent. There
had been considerable success in maintain-
ing Federal expenditures for goods and serv-
ices below 11 percent of GNP from 1960
through mid-1965. In fact, the Government
had even been able to change the composi-
tion of its spending by deliberately shifting
emphasis from defense to non-defense
spending.
The expenditures related to the Vietnam
war, added to the near full employment econ-
omy that existed in mid-1965, generated
severe inflationary pressures. Consumer
prices began increasing rapidly as the fed-
eral deficit grew. While there is room for a
wide range of opinion covering proper tax
policies during this period, especially over
the timing and magnitude of tax increases,
and the proper role of monetary policy, the
basic cause of the inflationary forces was a
sharp increase in federal spending associated
with the escalation of the conflict in
Vietnam.
The inflation, the growth in inflationary
psychology, and the very stringent anti-infla-
tionary monetary policies have combined to
produce serious distortions in the United
States financial markets and resulting dis-
tortion in the economy. These distortions in-
clude the sharp drop in residential construc-
tion and the sharp growth in investment
spending.
The facts clearly show that the Vietnam
war has not been good for business profits.
During the four years prior to the escalation
of the conflict in Vietnam, corporate profits
after taxes rose 71.0 percent. From 1966
through 1969 corporate profits after taxes
rose only 9.2 percent. To avoid any thought
that. the recent tax increase may have fudged
the figures, I also have similar corporate
profit figures on a before tax and inventory
adjustment basis. These figures show corpo-
rate profits rose 51.3 percent from 1962
through 1965 but the gains in profits were
dampened to a 16.6 percent increase during
the post-escalation 1966-1969 period. It
should be clear from these figures that what
is good for the economy is good for business.
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6206 CONGRESSIONAL RECORD - SENATE ~rr:r+r 27 ; 49;0
Most of the concern about the upward
pressures on prices and costs originating in
expenditures associated with the Vietnam
war arise from recognition of the damaging
effects of inflation on the domestic economy.
This should not lead us to neglect the Im-
portant Impact on our position in interna-
tonal markets and the balance of pa-ayfnents.
'Ibis is not to lay the blame for our balance
of payments problems on the recent period
of Inflation or on the Vietnam war. Inflation
? od the war associated expenditures, how
e1er_ have made the prob''+-em more intracta-
ble and solutions more d4neult. These difii-
cOit.es with our balance of payments have
postponed indefinitely any relaxation of the
restraints and controls under which inter-
national business has beer: forced to operate
for the past several years in particular.
It is important, therefore, to comment
briefly on what has happened to the II S.
balance of payments in the past few years,
specifically with reference to the impact of
tyre 'Vietnam war. Perhaps the first point that
should be made is that the official measures
of the balance of payments deficit have been
misleading. The view, for example, that the
balance'of payments in 11)68 was satisfactory
because there was a surplus of $1613 million
and that the balance of payments in 1969 was
vary unsatisfactory because the deficit ex-
ceeded $7 billion is unacceptable. In fact, the
greatest deterioration in the payments posi-
tt on In recent years occurred in 1968. The
difference between the two years may be ac-
em sited for largely by massive flews of for-
etgn funds in opppsite directions `which had
very little to do with the basic balance of
payments position.
Tire best measure of what happened to the
long run position is the balance on current
acecunt, that Is goods and services plus pri-
vate remittances and payments of U.S. Gov-
errunent pensions. This balance declined
f`>nr a surplus of $7.8 billion in 1964 to about
$4 billion in 1967 and $1.4 billion in 1968 and
less than $1 billion in 19,39.
A good part of the progressive deteriora-
tion in this position over the years since
1964, the year before the major acceleration
of the Vietnam war, may be accounted for
by the large increase in foreign exchange out-
flows associated with military expenditures.
These rose from less than $3 billion in 1964
to nearly $5 billion in 1969. This, however,
is not the only measure of the impact of the
wax and the subsequent lnfiation on the bal.-
ance of payments. 'The more important im-
pact and the one which is likely to have the
most long lasting effects is on our competi-
tive position in international and domestic
Markets, reflected in the rapid rise in the
rate of importing of goods and services. In
19841: merchandise exports exceeded merchan-
dise imports by nearly b7 billion. By 1968
this excess of exports over imports had de-
clined to less than half a billion dollars. With
moderation in the rate of inflation and infla.-
tion induced expenditures our trade balance
may be expected to improve this year and in
subsequent years.
It is too early to tell, rrrowever, what per-
wianent damage to our International corn-
petitive position the recent period of infla-
tion.; has induced. It generally takes several
years, perhaps four or five, before the full
effe,rts of excessive increases in price and
costs show up in the competitive position
and the effects are not confined to world
markets cohere our products compete with
that of other nations, but also in the United
Biases where foreign products compete
directly with U.S. products.
So much for balance of payments consid-
(rations. Let us return to the domestic scene.
I do not think there is any doubt that
'the resources used towards the Vietnam war
effort could have been put to work towards
solving imperative problems facing this na-
tion at home. In the five-year period prior
to the Vietnam escalation, defense spending
in the United States averaged $50 billion
per year. If we assume that this level would
have been maintained over the most recent
five-year period in the absence of escalation,
the increase in actual spending totaled $118
billion.. During the past four years, total
spending for residential construction in the
United States totaled only $112 billion.
When we survey the very real needs in
our economy In the areas of housing, urban
transit, environmental pollution, etc., it is
clearly evident that we do not need to create
war-.related demand for resources in order
to maintain full employment. Our problem
now is one of establishing meaningful priori-
ties to meet the quality of life demands of
our citizenry. We obviously cannot do every-
thing at once; we need to start strategic
planning and action now if we hope to re-
solve these demands.
There is another point that at first blush
might not appear to be an economic Issue.
But It is in real fact a very basic one The
war has divided, confused and bewildered
Americans. Some Americans are strongly in
favor of the continued prosecution of the
war. Others are strongly opposed. But for
many, the war and the issues surrounding
the was are a source of confusion and be-
wilderment. As a result of this confusion
and bewilderment, many people are losing
trust in the Institutions, public and private,
through which we govern ourselves and run
our economy. Such losms of trust is destruc-
tive of. the cohesion necessary for an econ-
omy's ability to function at maximum effec-
tiveness. To the degree banks, industrial
firms, corporations, state and local govern-
ments, Federal Government agencies and
universities are under attack or suspicion for
their alleged part in the war in Vietnam,
they lose some of their effectiveness as insti-
tutions that can provide for the common
good. In the case of Vietnam it is my belief
that the sum total of such loss of effective-
ness is very great indeed and, while un-
rueasureable by any known economic indi-
cator, this loss of effectiveness produces a
very real drag on the economy.
Gentlemen, I deeply regret that the frus-
trations and misunderstandings arising from
this conflict maize it necessary to testify
that overall war Is not a stimulator of eco-
nornic development nor is the war in Viet-
nam good for U.S. business. I find it repug-
nant, even if necessary to have to add that
I would not support our role in the war In
Vietnam even if It could somehow be made
profitable for American firms.
The thought that war would be initiated or
sustained for a single day because it might
stimulate the economy should be abhorrent
to an decent human being. And yet there
are those who say that American business is
helping to do just that.
We do know that aggressive war has been
waged, all through history, to gain territory.
Certainly that was war for economic gain.
But even that kind of war, that purpose
for war, has been so outmoded by the experi-
ence of this century that I would like to be
able to say to potential aggressors all over
the world, "If you want to profit, if you want
to own the world, don't dissipate your en-
ergies in wasteful warfare-follow the ex-
ample of Japan and Germany since World
War II and be economically aggressive."
War is, as we would say in business, a low
yield operation.
I think from all this it is obvious that Viet-
nam is a negative influence on our economy.
Let me conclude by restating my initial
premise. The war in Vietnam distorts the
American economy. It is a major contributor
to inflation--our most crucial domestic
economic problem. It draws off resources that
could be put to work towards solving impera-
live problems facing this nation at home. And
despite the protestations of the new left to
the contrary, the fact is that an end to the
war would be good, not bad, for American
business.
ExIllsrr 2
[Prom the Washington Post, .Apr. 12, 1970]
BUSINESS CAN'T IGNOs!3 'PROTESTS
(By Hobart I"tor on)
"Because the war (in Vietnam) distorts
the economy and contributes substantially
toward the inflation ... an end to the war
in Vietnam would be goo'i, not bad, for
American business."
This statement by Loui ; B. Lundborg,
head of the nation's biggest, bank, the Bank
of America, articulates a theme that will be
heard increasingly at annual meetings of
major U.S. corporations this year.
It will be pushed by an , ctivist minority
who label themselves "Business Executives
Move for Vietnam 'Peace." Soupled, at the
same time, with an assault by consumer
groups and students pushiri for everything
from pollution control to so:cation of ghetto
problems, the growing antiw, c' sentiment will
make donnybrooks out of sort re corporate get-
togethers.
Business disaffection WiLts the war has
been growing since President Johnson's mas-
sive escalation of the fighting produced no
victory on Vietnamese battlefields but infla-
tion at horrre.
Beginning some time in. early 1968, the
corporate power structure that had been
dazzled by LBJ In 1964 bean to lose con-
fidence in him, and a new coolness in the
business community probab;;y played a sub-
tle role in the President's decision not to be
a candidate in 1968.
The prototype of the U..-' :. businessman,
especially as seen by student rebels, is that
of the greedy imperialist who feeds on war
and arms production. That `.here is a muni-
tions industry in this eosin ry that benefits
from war cannot be denied.
But it should also be clear -that the biggest
profits, fo:r the overwhelming number of
businessmen as well as consumers, lie in a
long stretch of peaceful years when a highly
developed capitalistic society,, attuned to so-
cial needs, can reach peak, meaningful pro-
duction and distribution of wealth.
Lundborg's comment was i:a answer to the
Business Executives' query for a statement
on Bank of America's Involvement in Viet-
nam. Lundborg replied that the bank had to
leave to Washington officials the responsibil-
ity for extricating the United States from
the war.
But then he emphasized the economic im-
pact theme, one that will be taken up in a
broad-scaled study to be launched soon by
Sen. J. William Fulbright (D-Ark.). Ful-
bright's Foreign Relations Committee will
also probe the impact of the .van on the struc-
ture of American society.
"We feel it is completely proper and within
our sphere of competence," Lundberg wrote
A. R. Appleby of the antiwar business group,
"to point out the economic consequences of
the war. We have been doing this for at least
three years.
"The war distorts the Arm erican economy:
it is a major contributor to inflation: it
draws off resources that could be put to work
toward solving imperative problems facing
this nation at home."
Is that radical or leftist; l'dnkiiig? If so, It
makes a revolutionary out orr' none other than
former chairman of the Federal Reserve
Board, William McC. Martin Jr., who holds
precisely the same view.
The Business Executives Move for Viet-
nam Peace carries no assc:e with "estab-
lishment" clout. It is chai"ad by Henry E.
Niles, chairman of the board of the Balti-
more Life Insurance Co_ Ax-song its military
sponsors is war critic Gen. David Shoup, re-
tired Marine Corps Commandant. Roger
Hileman, former State Department official
and Edwin O. Reiachauer, former U.S. am-
bassador to Japan, are among the diploma-
tic sponsors.
But what the group lackey in big names it
makes up in drive and ene.-;gy, and protests
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Apr_7; 1970 CONGRESSIONAL RECORD -SENATE
in the role of stockholders at annual meet-
ings will bring it more attention than ever
before. With consumer groups employing
the same tactic, many a corporate manage-
ment will find its patience and good sense
tested.
Harold Willens, a small Los Angeles busi-
nessman who has devoted almost full time
the past few years to the B.E.M. group, says
that "the iron curtain that used to separate
the economy from society has melted. The
question will no longer be how the com-
pany profits and what its dividends were,
but also how it did in sustaining life."
The Securities and Exchange Commission
gave this kind of corporate scrutiny a big
boost forward when it instructed General
Motors to include two Ralph Nader-spon-
sored proposals in its proxy statement for
the Max 2 annual meeting.
There will be other confrontations before
the GM test. The Cleveland meeting of
American Telephone and Telegraph Co. on
'April 15 will be the target of a Student
Mobilization Committee antiwar protest.
But the use of proxies to contest company
policies will get a better workout, apparently,
at Minneapolis-Honeywell in Minneapolis
and Gulf 011 in Pittsburgh on April
28; and commonwealth Edison in Chicago
on April 27.
The Nader team proposals for GM call for
election of three public representatives on
the board of directors, plus establishment
of a shareholder committee "for corporate
responsibility." This implies that there
should be other motives than just profit in
a company of GM's giant size.
Response to the SEC determination has
been dramatic. New York Mayor John
Lindsay has told the city's pension funds
to vote their GM shares in favor of the
proposals; the University of Pennsylvania
has announced it will vote all its shares pro-
consumer; and a campaign is under way to
get other universities that have substan-
tial ownership of GM shares to do the same.
It would seem hardly likely that the GM
management, which opposes the proposals,
can be beaten on these issues. But General
Motors-as well as other major enterprises
clearly have a new force to reckon with.
These are not pesky gadflies engaged in a
career of petty harassment of management.
These are serious people who want to
come away with something better than a
headline and a box lunch. As such protests
grow in strength, the corporate hierarchy
will have to make accommodations. So long
as the arguments are made peacefully and
rationally, they represent a healthy develop-
ment in the power of freely expressed pub-
lic opinion-which is, after all, A source of
strength and security , for this nation.
If Big Business is really sophisticated, it
will not turn a deaf ear to its stockholder-
protestors. If it does, it will be a misreading
of the shifting mood in the country, mak-
ing things easier for the dialecticians of the
WAIVER OF THE CALL OF THE about 80 per cent of the people. Behind this
CALENDAR UNDER RULE VIII powerful demand for abolition of the elec-
toral college are well-founded fears that a
Mr. BAKER. Mr. President, at the re- fiasco resulting from the uncertainties of the
quest of the distinguished majority present system could be disastrous.
leader, I ask unanimous consent that, at In ordinary circumstances approval of a
the conclusion of my remarks and at the constitutional amendment with so much
steam behind it could almost be taken for
conclusion of the remarks by the distill- granted. But Chairman Eastland of the Ju-
guished junior Senator from Virginia diciary Committee is not only dragging his
(Mr. SPONG) according to a previous
order, the Senate waives the call of the
calendar of unobjected-to bills under
Rule VIII.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
LIMITATION ON STATEMENTS DUR-
ING TRANSACTION OF ROUTINE
MORNING BUSINESS
Mr. BAKER. Mr. President, I ask unan-
imous consent that statements during the
transaction of routine morning business
be limited to 3 minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
feet; he is also throwing in the way of the
amendment every obstacle he can get his
hands on. All the strength that its sponsors
can command will be needed to dislodge the
amendment and send it to the floor with
the momentum it needs for a third-thirds
vote.
We think the committee and the Senate
should be very clear about what is at stake.
The lame and discredited electoral college
system for choice of the President is no long-
er adequate to the needs of a great democracy.
The Senate ought to remember how fright-
ened the country was in November, 1968, by
the possibility that George Wallace would
deny the winning candidate an electoral-
vote majority and then bargain for terms
on which Richard Nixon or Hubert Humphrey
could become President. That misfortune
was narrowly avoided, and only our most
reckless citizens would care to run the risk
ORDER OF BUSINESS again.
Even most of the critics of the direct-elee-
The ACTING PRESIDENT pro tem- tion amendment ' want protection against
pore. Under the previous order, the throwing the Presidency on the bargain
Senator from Tennessee is recognized. counter. But some of them are willing to
tolerate other critical weaknesses in the
present system in order to avoid too sharp
DIRECT ELECTION OF THE a break with the past. Professor Alexander
PRESIDENT M. Bickel of Yale Law School, for example,
sought to minimize the disadvantages of a
Mr. BAKER. Mr. President, I am a modified electoral-vote system favored by
Republican from a predominantly rural electing land Senator npopular vote ato Ervin. loser under
and relatively small State. Among the of
ofrancemnt, he said in his testimony the
contentions being advanced today in op- other day, would involve only a "sensible
position to the direct election by the peo- risk." It is a risk that the American peo-
ple of their President are the arguments pie are loathe to take. They cannot be un-
that direct election would be politically mindful of the fact that we have had sec-
disadvantageous to the Republican Party and-choice Presidents three times:. in 1824,
and detrimental to the interests of small 1876 and 1888. If this should happen again
and rural States. - in these days of high sensitivity to the pop-
I do not believe all of these points to be ular will and of unfathomable power in the
valid. To the extent that they are true, I hands of the President, the result could be
perilous to our democratic system.
must reject them as, at best, secondary The time has come, moreover, for equaliza-
to the more important considerations tion of the voting power of all the people.
that are involved-specifically, that in In 1787, when the major problem was one of
this country each man's vote for the holding the states together there was reason
President should count for as much as to give the people in the small states extra
that of the next and that the country standing in the electorial college, with one
should no longer run the risk of a elector for each of their two senators as
popular vote loser being elected to the well as one for each representative. But that
Presidency. reason disappeared at least a century and
proposed con- a half ago. Today there is no sense in multi-
I am a cosponsor of the plying the vote power of citizens living in
stitutional amendment introduced by the small states or of intensifying the power of
distinguished junior Senator from Inds- the big-state voters under the unit rule. The
is
d
th
ay
e
ana (Mr. BAYH), and on October 14 I logical and democratic trend of
had the opportunity to testify before the toward one-man-one-vote, and that can be
Committee's Constitutional achieved only by direct voting for the candi-
di
i
ary
c
Ju
Amendments Subcommittee on this dates themselves.
PRESIDENT Professor Bickel and a few ethers have
question. Several points that I made at spread a great deal of gloom about the en-
Messages in writing from the President that time were also made on April 21 in couragement of splinter parties If a direct-
of the United States submitting nomina- an editorial that appeared in the Wash- elections amendment is approved. But Wil-
tions were communicated to the Senate ington Post. I ask unanimous consent liam T. Gossett, chairman of the American
by Mr. Geisler, one of his secretaries. that the text of this editorial be printed Bar Association's Special Committee on
1 t thi int the RECORD Electoral College Reform, has made an ef-
o
l
f
EXECUTIVE MESSAGES REFERRED
As in executive session, the Acting
President pro 'tempore (Mr. METCALF)
laid before the Senate messages from the
President of the United States submit-
ting sundry nominations, which were re-
ferred to the appropriate committees.
(For nominations received today, see
the end of Senate proceedings.)
a s p
U
111
festive reply. The strongest cement which
There being no objection the editorial holds our two-party system together, he
was ordered to be printed in the RECORD, said in effect, is the election of legislators
as follows: and executives by plurality votes from single
LET THE PEOPLE CHOOSE THE PRESIDENT member districts. The effect of the direct-
The Senate Judiciary Committee is ad- election amendment would be to put presi-
dressing itself this week to the most critical dential elections on the same basis,
defect in our constitutional system of gov- In one respect, certainly, the two-party
ernment. It must vote up or down a new system would be greatly strengthened. Direct
electoral system that has already won ap- election of the President would mean a con-
proval by 339 to 70 in the House and has test in every state. Minority parties in the
the support-if the polls are accurate'-of one-party states would experience a sudden
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S 6208 CONGRESSIONAL RECORD - SENATE Aprri o,"? ifl'O
burgeoning because the votes would go to this opportunity; anti what steps should the under consideration for integrity, tempera-
the candidates .as cast Instead of having the Committee take in order to do so. ment and professional competence. The Com-
minority always smothered by the unit rule For several months the Committee has been mittee then reports to the Attorney General
giving all of each state's electoral votes to considering changes in its procedures. Some its evaluation that the prospective nominee
the dominant party. The result should, be were adopted In connection with the report is either "not qualified" or that he Is "quali-
genuine competition between the major par- on Judge Carswell; others, more important, fied," "well qualified" or "exceptionally well
ties in every state. are still under consideration. I discuss them qualified." In order for at iominee to be found
The Judiciary Committee has an obligation with no dogmatic view that these changes well qualified or exceptic sally well qualified,
to bring out the best amendment it can are the best possible. Ifather, I hope that by the Committee must col nude that he is a
design. If it should devise a better means extensive discussion cur Committee can elicit person which the Committee would have
of determining the winner than the run.-off ideas and support which will enable the affirmatively recommended as one of the best
provision, which would be used if no candi- American Bar Association and the legal pro- persons available for the vacancy to be tilled.
date had at least 40 percent of the vote, the session to be as effective as possible in future In connection with t1e Supreme Court,
chance for ultimate approval of the amend- Supreme Court selections, However, the Committee has never been
ment mig$t be enhanced. But the commit- The problem of selecting Justices for the given an adequate period for investigation.
tee should not indulge in the illusion that Supreme Court is fundamentally different From the administration of President Eisen-
it can satisfy the current demand for re- from that of selecting judges for the federal hewer, who first utilized the services of the
form by the adoption of a shoddy substitute district courts and courts of appeal. Unlike Committee in connection with the Supreme
that would leave major defects in the present other courts whose roles are more limited, its Court nominations through President John-
system virtually untouched. principal function Is the interpretation of son, the procedure had been usually to give
There is astide an the fate of of constitutional our Federal Constitution, a document drawn the committee about twe? sty-four hours' no-
paraphrase i broad generalities leaving to the Court tine of the prospective nomination and to
will be permitted, that ought to be taken great freedom of Interpretation. The result is sunk the Committee to report as to the pro-
n,t the flood no less tlrxn tides In the affairs that the political and ideological views of the fessional qualifications of the prospective
of men. The time for a major electoral re- Justices may have a more profound effect nominee. At first the Committee attempted
form has come. A little minority on the upon the decisions of the Court than their to use the same precise scale of evaluation
Judiciary Committee should not be permitted professional capabilities. In the other federal that it did in the lower courts notwith-
to stand In the way or to strip this essential courts this is less true. Not having the last standing the abbreviated period of investi-
reform of the popular appeal which can lead word as to the meaning of the Constitution, gation. This practice was dropped in connec-
i,o its enactment. they must work within the views of the tion with the nomination_ of Justice Gold-
Supreme Court. Also, much of their work berg. From that time through the nomina-
Mr. BAKER. Mr. President, oil April deals with the interpo etation of statutes slid 1.0, Mr. Lawrence F. Walsh, chairman precedents much mote narrowly drawn and tion
vie Jimpl Haighly acceptable the Committee
of the American Bar Association Coln- precisely phrased than the federal Constitu- point of view w of profess nal qu i from the
prteal ftr
irilttee on the Federal Judiciary, ftd- t.ion. So as to these courts professional Can- President Nixon ixdeparted from rom the he prac-
dressed the Vanderbilt University Law stitution. So as to these courts professional tice of his predecessors and decided not to
Day ceremony on therole of the orga- q
ualifications-the ability to originate, re- consult our Committee to advance of the a
cencile
ts- ni2ed bar in the selection of Justices of much more sy
i nthesize la twye the polpt ca-vire Supreme Court nomination. Consequently.
the Supreme Court. ideological background of the judge. our Co Bnvn w learned nomiwellonl
As we. all know, the role of the ABA Beyond its national importance and its Judge Iey'hadbee and Judge Carswell only
in this area has been a topic of consid- importance to the President, the Senate and qafter that had been ndert announced. the
arable discussion in recent days. Mr. the political farces from which they each request of was ui dent corn not at tee
Walsh's very excellent statement Sets draw their support, the struggle for control request of the President or the Attorney
forth the procedure followed by the coin- of the Court Is of deep-felt importance to Chairman but the solely Senate the request of the
those groups whose rights are most imme- Ju In Committee on the
routes on both lower court and Supreme diatel dependent u Judiciary. In connection with its report
on
y pen its decisions for en- Court nominations. He recites in SOIn@ iorcement, Judge Haynsworth,
.It would Committee had con
detail the Activities of the committee on particularly those groups con- eluded dratat-1t would in the future change
e
cerned with racial equality who found that its form of evaluation. In connection with
the nomination of Judge Carswell. Fi- t'ie Court was their most dependable, and the nomination of Judge Carswell, the form
nally, he discusses various possibilities :ii; times their only dependable, forum. It is
e
of for reform of existing procedures. al:,o profoundly important to those whose ifled" evao was changed to a more extensive
Since this is a topic of much im Or- tay of life is being changed most drastically letter or ' was evaluation
extensive
"not t submitted qualified" to and a more t n
tance, I ask unanimous consent that the as a result of present Court interest. In addi- mittee disclaiming any ins investigation of po
text of Mr. V6 -
ralsh S remarks be printed in non there has usually been an accepted po- Iltical al or ideological fa ct, and expressly
sty .rs an full at this point in the RECORD. .cal effort to have a Court representative limiting our evaluation to orofessional qual-
of the differing geographical regions of the ifications---integrity, temp, *rarnent, and pro-
There being no objection the remarks United States. There is at present no repre- fesstonal competence. Thus our committee
were ordered to be printed in tiie. RECORD, seritative of one southern circuit and the
as follows wrote:
SrLECTION OF JUSTICES OP THE SUPREME garding Judge Carswell: was therefore exacer- yieuie uorrrt, the Uomnlltee has tradition-
COURT bailed because, ire addition to the usual po- ally limited its investigation to the opinions
It has been over fifty years since it Supreme litical factors, it aligned in direct opposition judges a crass- the best informed
Court appointment bmugh.t forth as much to each other the proponents and opponents and lawyers wyers as s to 'rofesi professional n-
of government enforced desegregatioand Its petence Of the the ment and 1i Gems
emotion and concern as the recent nominal petence nomineee e. It has
tion of Judge Carswell. central controversy concerned this most ex- always recognized that the selection of a
Like it or not, the American Bar Asso- plosive national domestic issue. member of the Supreme Co t
elation's Committee on the Federal judiciary, Caught in the vortex of these t involves man-
y, politcs~l other factors of n broad political and ideo-
as. One of the agencies of the profession which forces, the concern of the legal profession for logical nature within the discretion of the
has a recognized role fir i,he process of selea- the competence of the judiciary was perhaps President and the Senate but beyond the
Lion of Supreme Court lustices, has neces- less a force in itself than a target for the special competence of this Committee. Ac-
rarily been involved. political groups gripped in a tight political cordingly, the opinion of this Committee is
The Committee is expected to report to contest. Nevertheless our Committee at- limited to the areas of its investigation."
the Senate and, if given an opportunity, to tempted to function as it does in. less contra- The Committee had previously investigated
the president regarding the professional versial cases without permitting itself to be Judge Carswell in connection with his ap-
qualifications of potential nominees. It at- used by either side of the political centre- pointmentc to the District. Court and the
tempts to avoid political and ideological con- ver"'y' Fifth Circuit Court of Appeals- In each case
trover'sies and to limit its evaluation to the One of the Committee's difficulties was, he had been found 'well qualified" for the
naminees's professional qualiflcltions-his however, that its procedures as to Supreme post to 'which he was being advanced.
integrity, his temperament, and his profes- Court nominations have never been as satin- Nevertheless the Committee made an exten-
tonal competence. It has been criticized by factory as they are with respect to the other sive further investigation In connection with
opponents of the last two Supreme Court federal courts. As to the federal courts other his nomination for the Supreme Court. Thir-
nominees for not applying :higher standards than the Supreme Court, the Attorney Gen- teen circuit judges of the Fifth Circuit Court
to professional qualification. In fact, its eral requests an investigation of the prospec-. of Appeals were interviewed, as were a nurn-
sts.ndards have not changed. from those ap- tive nominee before any announcement of a ber of district judges sitting in the State of
plied in the past. The important question is, nomination is made. Our Committee usually Florida. None of these judges expressed
however, has change in the public and pa- has an adequate period of time to complete doubts as to Judge Carswell's integrity. tern-
litical view of the Supreme Court offered an its investigation, which consists of inter- perament or competence, Most - were en-
opportunlty to improve these standards-has viewing a substantial number of judges and thusiastically in favor of his appointment.
the Committee failed to take advantage of lawyers as to, the reputation of the person The only outspoken opponent expressed his
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March 26, 1970 CONGRESSIONAL RECORD -SENATE
They should be fired if they do not
live up to their part of the bargain.
Americans with the skills and motiva-
tions to give this kind of help, to under-
take new voyages of technological dis-
covery, exist in many different kinds of
organizations in the United States.
They can be found in universities, in
private corporations, and in a host of
private associations, religious and secu-
lar
It may be that they should not be
brought into the Government because
government may not provide a suitable
career for them.
The Government's primary task in for-
eign aid should be to receive requests
from others and refer them to likely con-
tractors in the private sector and to
help with the negotiation of suitable
contracts. .
The Government should not be in the
business of implementing this kind of
foreign aid.
I can imagine an institution to imple-
ment foreign aid that is wholly outside
government, directed and supported by
one or more foundations on an unselfish
basis.
Such an institution could be financed
by both public and private contributions
in the measure that its services were re-
quested, and its contracts proved useful.
I believe Congress would support gen-
erously such an institution as an alter-
native to the progressive bureaucratiza-
tion of foreign aid.
Such an institution is needed to en-
courage a new generation of Americans
who are willing and able to work In the
hot climates of the world where so many
of the world's impoverished millions live.
Such an institution could play a part
in encouraging private investment.
I can see no need for a new develop-
ment bank as recommended by the Peter-
son task force on international develop-
ment.
We have a sufficient number, of inter-
national and regional develoment fi-
nance agencies now.
Insofar as their performance warrants
it, we should continue to support these
agencies.
But let us not forget that capital
-dressed up as foreign. aid is simply a
subsidy to the exporters in the rich
countries.
We offer through the Export-Import
Bank bertain financial facilities for
American exporters.
Perhaps they should be liberalized
somewhat to accommodate some of the
development lending now done by AID.
But when it comes to providing others
with capital to buy things in the United
States, that business should be conducted
on a businesslike basis.
Borrowers come to a bank, like the
Export-Import Bank, because they want
to buy something in the United States.
That is purpose enough, and we do not
have to dress that business up as de-
velopment aid.
Here we run into that old foreign aid
numbers game again.
We are told that capital, subsidized
capital from the rich countries, is the
first need of poor countries today.
We are not told that, subsidies to ex-
porters in the rich countries are needed,
or are what so many exporters desire.
This seems to me to be a dangerous
game, pretty much like a con game in
which only the dealer can win.
To falsify the real price of capital in
a poor country is not progress or devel-
opment.
It is simply inhumane treatment.
It could mean sentencing millions to
misery if the capital thus provided de-
prived more people of a livelihood than
it employed by exhausting their re-
sources and limiting their income.
After all, poor countries have in the
main one natural advantage om-
petition among nation d that is
potentially vast poo labor.
If foreign aid oes not build on that
advantage, it eannot be called humane.
We need,& new American purpose in
foreign od because we are an activist
people d because real inequalities in
welfar among societies today affront
our se a of Justice.
But 'ustices cannot be expressed in
terms of ross national product, nor can
they be ov come by falsifying the func-
cant buy us out of w is a historical
predicament that promise be with us
for generations.
The real opportunity of the rich
to see their own economies in global do1Tfts?
terms. new pu
They must create more and more room conscience ON
in the world market for the production gratification t
not from the poorer countries but from
the most prosperous nations.
I said I was in favor of divorcing the
saints and the sinners of foreign aid in
order to reduce the temptation that the
present marriage provides for all those
who want to play at intervention.
But obviously it is not always easy to
tell the saints from the sinners in this
business.
To search for a new purpose is much
more difficult than the proponents of
foreign aid would have us believe.
Perhaps if we abandon the numbers
game, perhaps if we stop talking about
vague concepts like development and
start concentrating on the real possibili-
ties of making technology the servant of
the very poor who crowd the hot climates
of the world, perhaps if the rich coun-
tries really begin to see their economies
in global terms-perhaps only then will
a new purpose emerge.
All of us are hoping that the Presi-
dent will give us a new direction, for not
to do so would be to admit to a failure
on our part.
Foregin policy must appeal to some-
thing more than very narrow notions of
national interest if it is to enjoy sus-
tianed public support in this country.
Foreign aid used to suggest such a
dimension.
At the same time a nation that can
of the poorer countries simply to insure Foreign aid is'
expanding opportunities for themselves. our conscience f
expanding the purchasing power of the To sum up my re arks on foreign aid
people of the less affluent nations. programs, I have
This is particularly important now tions to make:
that we live in a state of more or less First. Do not us aid as an excuse for
permanent inflation because there is so intervention in a affairs of smaller,
much to do here at home. poorer countri
Without more and more sources of Second. Sto using the gross national
production in the world markets, with- product as yardstick for comparing
out the discipline of international com- rich and
petition, costs and prices in the rich Thi Y:
countries will become even more ab- b
surdly unrelated to real human welfare
than they are now.
beliefs o
When a haircut comes to cost in
countrie
Washington or Paris or Tokyo, it is not
Fourth
going to be forty times better than a
of our a
haircut that still costs a quarter in
years ha
Bombay.
richer a
There is so much hypocrisy in the rich couraged
countries' attitude toward foreign aid.
In the
To subsidize exports in the name of
pose, per
foreign aid, while at the same time bar-
the book
ring imports from the very countries to
America
which the aid is flowing, is not a new
the work
purpose-it is a very old hypocrisy.
such sup
ance war
If the rich countries really care about
the plights of the poor, they will accept
Mr. M
President Nixon's challenge to institute
the Sena
a system of global trade preferences de-
Mr. AI
signed to assure poor countries the right
Mr. M
to compete in the world market with
receive a
their new production.
before h
We should also try to enter into agree-
much de
ments so that the rich countries do not
I do ap
use poorer countries as pawns in the in-
stresses,
ternational trade wars.
places u
After all, the most serious anti dam-
rather t
aging effect on our own economy comes
assistanc
r countries;
n the needy people of poorer
s;
. Recognize the fact that much
id programs over the past 10
ve simply made rich countries
nd poorer countries more dis-
.
absence of a new American pur-
haps it would be better to close
s on the past two decades of
n foreign aid programs and leave
to international agencies with
port from us as their perform-
rants.
ANSFIELD. Mr.
tor yield?
KEN. I yield.
ANSFIELD. I was delighted to
copy of the Senator's speech
e
gave it. I have not given it as
tailed study as I would like, but
preciate the accent which he
the emphasis which the Senator
pon people-to-people assistance
han government-to-government
e. The latter, I think, by and
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CONGRESSIONAL RECORD- SENATE Mar?,?h 26, 1970
large, has been in all too many instances
a, complete failure.
The summing up of -recommendations
which the distinguished Senator would
make for carrying out the foreign aid
program meets with my approval. I
think he has exposed some methods
which have surrounded this program for
too long. This idea of using the gross
national product as a measure of what
it means or does not mean-anyone can
twist that as he sees fit. The suggestion
that there should be more internation-
alization, certainly, I think is worth a
great deal; and most important, the Sen-
ator's No. 1 recommendation, "Do not
use aid as an excuse for intervention in
the affairs of smaller, poorer, countries,"
I believe is most sound.
I commend the distinguished Senator.
Mr. AIKEN. Mr. President, I appre-
ciate the remarks of our majority lead-
er, and would tell him that I would have
given him an advance copy of these re-
marks sooner, except that they were
finished only about a half hour before I
started delivering them,.
Mr. MANSFIELD. May I say that in
that respect the distinguished Senator
reminds me many times of Adlai Steven-
son, who was never able to get his talks
down on paper until just before he
started to speak. But I am delighted to
to have this copy.
Mr. AIKEN. Sometimes all of us slow
clown and have to be pushed up against a
deadline before we can get to work.
But I particularly wanted to point out
the travesty of using the gross national
product in comparing the welfare of peo-
ple in poor countries with the welfare
of people in rich countries.
The gross national product is all right
as a means of comparing ourselves with
Japan or Western Europe; but when it
comes to comparing our situation, our
welfare, with that' of people who live in
some of the very poor tropical coun-
tries, the use of GNP for this purpose is
simply a farce.
ORDER OF BUSINESS
The PRESIDING OFFICER. Under
the previous order, the Senator from
Maine (Mr. MUSKIE) I$ recognized for 10
minutes.
ERA OF NEGOTIATION?-PART I
Mr. MUSKIE. Mr. President, this
morning, representatives of the United
States, Saigon, Hanoi, and the Vietcong
met for the 60th session of the Paris
Vietnam peace talks. Nothing was ac-
complished, just as nothing has been ac-
complished on the negotiating front at
any of the other Paris sessions since
Ambassador Henry Cabot Lodge resigned
his post, 126 days ago.
While the charade of talks goes on, the
war continues in Vietnam and threatens
to spread in other parts of Southeast
Asia. Laos is a battleground and Cam-
bodia is in turmoil. We teeter on the edge
of a wider war without a semblance of an
effort to negotiate a peace settlement in
that troubled part of the world.
A negotiated settlement is the only
answer that makes sense in Southeast
Asia, for those who live there and for
the United States. A military solution is
not viable for Vietnam, and it cannot
bring peace in other countries of that
region.
Unfortunately, Mr. President, the ad-
ministration does not seem to be com-
mitted to a negotiated settlement. While
it pursues the goal of false optimism with
Vietnamization, the war goes on, cas-
ualties are up, and the dangers to world
peace escalate. We are now told that the
most the administration is planning, and
the best it can achieve under Vietnami-
zation is to have 225,000 troops left in
Vietnam at the end of 1971-21 months
from now.
This is a matter of grave concern to
me and to other Members of the Senate.
it is a matter which cannot be brushed
aside by vague assurances and an atti-
tude of wait and see
I believe the time has come for the ad-
ministration to turn its attention to a
genuine effort toward a negotiated set-
tlement, or to tell the American people
why they have written off negotiations
as the best way to end the fighting and
the killing in Vietnam. For these reasons,
Mr. President, I intend to raise the ques-
tion about a negotiated end to the war
in Vietnam each week in the Senate, un-
til a successor to Mr. Lodge has been
named and until some meaningful steps
have been taken toward a settlement in
Paris.
INCREASING DOUBTS
Each week more questions are being
raised about the wisdom of the admin-
istration's policies and the directions in
which they are leading us. A common
thread unites the critics. The tragic con-
flict in Vietnam will know no satisfactory
conclusion other than by negotiation.
As Gen. Matthew B. Ridgeway wrote
in the New York Times, March 14, 1970:
Many continue to argue that a military
solution, or'victiry', in Vietnam has all along
been within our reach, that nothing less
would serve our interests, I believe such a
solution is not now and never has been pos-
sible under conditions consistent with our
interests....
A negotiated settlement, which I think we
would all prefer, and which I believe we
must ultimately reach, will be unattainable
unless we retain the initiative and face up
to these problems now.
Regardless of how much this may tax the
wisdom and determination of our Govern-
ment and the '-Patience of our people, our
decision is, I believe, the prudent one, and
we should channel Its execution into the
mainstream of our long-range national
interests.
Arthur M. Cox, in an article in the
"Outlook"' section of the March 22, 1970,
Washington Post, noted the inconsist-
ency in President Nixon's policies, when
he wrote:
The President says Vietnamization is a plan
"which will bring the war to an end regard-
less of what happens on the negotiating
front." That is an impossibility which has
been allowed to go unchallenged. The war
will end only when one side wins a military
victory or when a settlement has been nego-
tiated. Since Vietnamization rules out serious
negotiation, the only conceivable other as-
sumption must be that the President is
counting on the South Vietnamese to win
their own war.
Commenting on recent events in Laos
and Cambodia, the St. Louis Post-Dis-
patch of March 22, 1970, noted in an
editorial:
The coup in Cambodia and Communist
military success in Laos re-emphsize what
has been clear ever since the Geneva Con-
ference of 1954-that peace in the whole
Indochina peninsula depends on making
peace in Vietnam.
If the Nixon administration had the wit
to recognize this, it would forget about Viet-
namizing the war and set about negotiating
a Vietnam settlement, which in turn would
make possible peace in both Cambodia and
Laos. Unfortunately and tragically, the ad-
ministration appears to be bent on moving in
precisely the opposite direo lion-toward ex-
pansion of the war in Laos and Cambodia as
a means of supporting the policy of Vietnam-
ization. If this is an accurate estimate of its
course, then the Nation is being condemned
to more and more years of war in Asia after
being solemnly promised an end to it,
CONFRONTATIONS VERSUS NEGOTIATIONS
Fourteen months ago, President Nixon
declared in his inaugural address that
the United States would, under his ad-
ministration, forsake "the era of con-
frontation" for "an era of negotiation" in
international relations. His intentions
were applauded.
On our most vexing international rela-
tions problem, ending the Vietnam war,
the longest war in our history, the Pres-
ident said later that his administration
was "proceeding in our pursuit for peace
on two fronts-a peace settlement
through negotiations, or if that fails,
ending the war through Vietnamization."
How do those words square with the
administration's failure to name a high-
level replacement for Ambassador Lodge
as our chief negotiator at. the Paris Viet-
nam peace talks for more than 4 months
of the 14 months of the new Nixon
"era of negotiation"?
Mr. President, the administration's
declarations on trying to ,end the war in
Vietnam through negotiations are in
conflict with its record of performance.
Let me focus today on just one aspect
of the problem-the impact of the 4-
month vacancy in the office of the top
U.S. negotiator in Paris.
Our interim representative in Paris,
Philip Habib, is an able career Foreign
Service officer. He probably knows as
much or more about Vietnam than any
public servant now working for the Gov-
ernment. But he has not had prior
ambassadorial rank. He is not a con-
fidant of the President. He does not have
the prestige needed to deal with the Com-
munists, to explore proposals they may
make, or to take initiatives on our behalf.
He is at a hopeless disadvantage in his
assignment.
Mr. Habib was the No. 3 man on the
U.S. delegation, first under Ambassadors
Harriman and Vance, and then under
Ambassadors Lodge and Walsh. The
North Vietnamese and Vietcong dele-
gates have made it clear. time and again,
that their top people will not engage in
major discussions with representatives
from our side who in their view, lack top
credentials.
They made this clear in the past as
well as in the present. When Averell Har-
riman was not present, his able deputy,
Cyrus Vance, was never able to meet
with their top man. I believe the same
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March 26, 1970 CONGRESSIONAL RECORD - SENATE
situation prevailed during Ambassador Has the administration written off ne-
Lodge's tenure. Since Ambassador Lodge gotiations? If not, what are its precon-
resigned, the Communists have not once ditions for resuming meaningful nego-
sent their chief negotiators to the talks, tiations? Is it, in effect, asking North
and they have told us publicly and pri- Vietnam to surrender?
vately that they will not engage in serious Is the administration playing a game
talks with Mr. Habib. where the next move can be made only
This may seem a mere matter of pro- by the other side?
tocol to some, but I believe it amounts to Have we given up the initiative toward
shortchanging the negotiations on the peace to the other side?
part of the Nixon administration. Ob- I raise these questions, Mr. President,
viously, North Vietnam, a country of because they must be answered if we are
fewer than 20 million people, is going to to know what the administration's real
be acutely conscious of such matters in intentions are with respect to Vietnam
dealing with the United States, one of the and the rest of Southeast Asia. We have
world's two superpowers, with more than been told that the administration has
10 times its population. a plan for peace in Vietnam, but the
This is, moreover, an unfortunate and hard questions remain.
foolish time to be disadvantaged by the I believe the American people have a
level of our representation in Paris. Le right to get some answers to those ques-
Due Tho, a member of Hanoi's politburo tions, and I intend to raise them each
and acknowledged as one of the top 10 in week until they are answered.
the North Vietnamese power structure, Mr. GRIFFIN. Mr. President, will the
returned to Paris recently after an ab- Senator yield for a moment?
sence of many months. But we have been Mr. MUSKIE. I yield.
unable to engage in any discussions with Mr. GRIFFIN. Mr. President, I listen-
him because he will not do business with ed with interest to the statement of the
anyone Hanoi considers of lesser rank. distinguished Senator from Maine. I am
This imbalance is accentuated by the sure he does not intend to leave the im-
representatives of the two South Viet- pression or suggestion that the North
namese parties. The Vietcong represent- Vietnamese have been negotiating or
ative, Madame Binh, holds the rank of seeking to negotiate in good faith in
"foreign minister of the provisional revo- Paris; or does he believe that is the
lutionary government." Since General case?
Ky left Paris early last year, the Govern- Mr. MUSKIE. I understand the ques-
ment of South Vietnam has been repre- tions I have asked leave impressions.
sented by Ambassador Lam, who now The questions were very carefully asked.
frequently fails to appear and sends a These impressions would not exist if
deputy to the weekly meetings. Appar- we were to get tangible reassurance from
ently he wants to strike a pose of equal- the administration that it considers the
ity with the second-rank representation negotiations, though difficult, important
of the Communists, to our national interest.
This is 'a problem we have caused by The PRESIDING OFFICER. The time
our failure to replace Ambassador Lodge of the Senator has expired.
with a representative of equal rank. Even Mr. MUSKIE. Mr. President, I ask
when Lam has been present at the ses- unanimous consent that I may proceed
sions, he has been a negotiator of limited for 2 additional minutes so that I may
means, who has to obtain authority for respond to the Senator from Michigan.
virtually every move, no matter how The PRESIDING OFFICER. Without
minor, from his superiors in Saigon. objection, it is so ordered.
QUESTIOIIS NEEDING ANSWERS Mr. MUSKIE. We have learned from
Mr. President, what is the administra- our experience of over a quarter of a
tion trying to convey by this unfortunate century that negotiating with the Com-
diplomatic-protocol gap in Paris? munists can be a time-consuming, drawn
Is it so pleased with the progress and out, and frustrating experience, we
future of Vietnamization that it feels learned that during the negotiations fol-
that the whole conflict can be settled to lowing Korea; we learned that from Our
our satisfaction by force? Or does it feel experience in Berlin.
that the reduced but still enormous U.S. The question is whether or not, not-
troop presence in the south is inadequate withstanding these difficulties and frus-
to let us speak effectively to Hanoi or trations, we regard this process, however
Saigon, to get them to resolve tl`reir dif- difficult, as significant and important to
ferences bey negotiation? our interests.
What has the administration done to The question raised by the Senator's
get Saigon to send to Paris a represen?? question is whether or not the adminis-
tative both able and willing to negotiate? tration-which he is in a better position
to represent than
How does the administartion propose I-has decided that
the next initiative in Paris will be taken
to deal with the related instability and only by the other side and not by us.
conflict in Laos and Cambodia? Mr. GRIFFIN. Mr. President, will the
Is the administration so certain, in Senator yield further for a brief obser-
the face of some contrary evidence, that vation?
Hanoi's position in Paris is one of total Mr. MUSKIE. Yes.
intransigence'?' tveri If the administra- Mr. GRIFFIN. Of course, I cannot let
tion is so convinced, does this mean it the record stand without noting that for
has no obligation to probe and to try? many months the distinguished and very
Does it believe the tough bargaining nee- able former ambassador to the United
essary to achieve a negotiated end to Nations, Mr. Lodge, represented us in
the war is not worth the time of a top- Paris; that every effort was made and
level appointment as our chief negotia- has been made throughout many long,
tor in Paris? long months of negotiating to reach some
S 4597
kind of agreement with the Communists
at the negotiation table in Paris; and I
also would dispute any suggestion that
his successor who now represents the
United States in Paris is not most able,
most capable, most distinguished, and
most qualified to represent this Nation at
Paris.
Further, I wish to remind the Senator
and note for the RECORD that the United
States at all times has been willing and
eager to consider any good-faith offer or
serious suggestion which the North Viet-
namese might put forth at any time.
That has been true, it continues to be
true, and it will continue to be true.
I thank the Senator for yielding.
Mr. MUSKIE. Whatever any of us say
on this subject leaves impressions. The
impressions I get from the Senator's
comments are: First, because of the frus-
trations Ambassador Lodge faced prior
to his resignation, we decided not to seri-
ously pursue negotiations in Paris, and
second, as a result of that experience, if
any initiative is taken in Paris, it will
have to be taken by the other side. I hope
those impressions are erroneous. I raised
questions in my prepared remarks which,
if answered, would correct those impres-
sions.
TRANSACTION OF ROUTINE
MORNING BUSINESS
The PRESIDING OFFICER. Under the
order of yesterday, the Senate will now
proceed to the consideration of routine
morning business, with statements lim-
ited to 3 minutes.
The Chair recognizes the Senator from
Vermont.
COMMUNICATIONS FROM EXECU-
TIVE DEPARTMENTS, ETC.
The ACTING PRESIDENT pro tem-
pore (Mr. SPONG) laid before the Senate
the following letters, which were referred
as indicated:
PROPOSED APPROPRIATIONS To CARRY OUT THE
PROVISIONS OF THE FLAMMABLE FABRICS ACT
A letter from the Secretary of Commerce,
transmitting a draft of proposed legislation
to authorize appropriations for fiscal years
1971, 1972, and succeeding fiscal years to
carry out the Flarpmable Fabrics Act, as
amended (with accompanying papers) ; to
the Committee on Commerce.
REPORT ON THE NATIONAL ESTUARY STUDY
A letter from the Secretary of the Interior,
transmitting, pursuant to law, volumes 2
through 7 of a report on the national estuary
study (with accompanying documents); to
the Committee on Commerce.
PROPOSED LEGISLATION AUTHORIZING THE DIS-
TRICT OF COLUMBIA COUNCIL To FIX RATES
CHARGED FOR WATER, WATER SERVICE AND
SANITARY SEWER SERVICES
A letter from the Assistant to the Com-
missioners transmitting a draft of proposed
legislation to authorize the District of Co-
lumbia Council to fix the rates charged by
the District of Columbia for water and water
services and for sanitary sewer services (with
an accompanying paper); to the Committee
on the District of Columbia.
PROPOSED LEGISLATION To LOWER THE MANDA-
TORY RETIREMENT AGE FOR FOREIGN SERVICE
OFFICERS WHO ARE CAREER MINISTERS
A letter from the Secretary of State, trans-
mitting a draft of proposed legislation to
amend the Foreign Service Act of 1946, as
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CONGRESSIONAL RECORD - - SENATE March 10,'1970
amended, to lower the mandatory retirement
age of Foreign Service officers who are career
ministers (with accompanying papers); to
the Committee on Foreign Relations.
REPORT or THE COMPTROLLER GENERAL
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on U.S. Imports of watch move-
ments duty free from Virgin Islands which
benefit the islands' economy, Department of
the Treasury, Commerce, and the Interior
(with an accompanying report); to the Com-
mittee on Government Operations.
.PROPOSED LEGISLATION CONCERs,'ING ILLEGAL
USE, TRANSPORTATION, OR POSSESSION OF
EXPLOSIVES I
A letter from the Attorney General of the
United States, transmitting a draft of pro-
posed legislation to amend section 837 of
Title 18-United States Code, to strengthen
the laws concerning illegal use, transporta-
tion, or ppossession of explosives and the
penalties vcth respect thereto, and for other
purposes (with accompanying papers) ; to
the Committee on the Judiciary.
PETITION
The ACTING PRESIDENT pro tom-
pore (Mr. SPoNG) laid before the Senate
a concurrent resolution of the Legisla-
ture of the State of Hawaii, which was
referred to the Committee on the Ju-
diciary, as follows:
HOUSE CONCURRENT RESOLUTION 14
Requesting congressional action on the re-
peal of the Emergency Detention Act of
1950
Whereas, Title IT of the Internal Security
Act of 1950, otherwise known as the Emer-
gency Detention Act of 1950, provides that
upon declaration by the President of the
United States of a state of "internal security
emergency," the President through the
United States Attorney General, may appre-
hend and by order detain any person as to
whom there is reasonable ground to believe
that such person probably'will engage in,
or probably will conspire with others to
engage in, acts of sabotage or espionage; and
Whereas, Title IT does not provide for a
trial by jury or even before a judge, nor does
it provide appeal to the courts, such civil
rights and liberties being guaranteed under
the United States Constitution, substituting
instead the judgment of the Preliminary
Hearing Officer appointed by the Attorney
General and a Detention Review Board com-
posed of members appoiin.ted do facto and
paid by the Attorney General, the very cdfi-
cial who initiates the proceedings for the
apprehension and detention of the suspect;
and
Whereas, this country has already experi-
enced the tragic and regrettable consequences
of the unnecessary and unwarranted intern-
ment of over 100,000 Americans of Japanese
ancestry in detention camps during World
War IT without due process of law; and
Whereas, the Emergency Detention Act of
1950 was the product of another era when
cold war tensions were at a fever pitch and
when Communist subversion was the great
national fear, however, in the last two dec-
ades our soclo-political climate has changed
greatly and other more meaningful, just,
and effective laws and procedures to safe-
guard internal security could be used; and
Whereas, it is now imperative to eliminate
a meaningless provision that has been used
to generate equally meaningless fears among
minority groups, and to remove the specter
of concentration camps which remains In
America as long as such a provision remains
law; and
Whereas, approximately nine bills have
been introduced in the 91st Congress thus
far calling for the repeal of Title IT of the
Internal Security Act of 1950 largely through
the combined efforts of Senator Daniel K.
Inouye and Representative Spark M. Mat-
sunaga and which have been co-sponsored
by an unprecedented one-fourth of the mem-
bership of the Congress; now, therefore,
Be it resolved by the House of Representa-
tives of the Fifth Legislature of the State of
Hawaii, Regular Session of 1970, the Senate
concurring, that the President of the United
States, the Vice-President of the United
States, the Speaker of the United States
House of Representatives, United States Sen-
ator Hiram L. Fong, United States Senator
Daniel K. Inouye, United States Representa-
tive Spark M. Matsunaga, United States Rep-
resentative Patsy T. Mink, and the chairmen
of the respec sional committees
considers ose bills ca for the repeal
of Tit II of the Internal urity Act of
1950 e, and hereby are, requ ed to take
w ever action is necessary, including the
h ding of and participation at public hear-
s gs on the subject, to ensure the repeal of
Be it further resolved that duly certified
(copies of this Concurrent Resolution be
S tes House of Representatives; to each
m ber of Hawaii's delegation to the United
Sta Congress; and to the chairmen of the
reap tive congressional committees which
will or presently are considering those
bills ca ng for the repeal of Title II of the
Internal ecurity Act of 1950.
ENROV,LED BILL SIGNED
The ACTI PRESIDENT pro tem-
pore (Mr. SPoiw) announced that on
today, March 26, 1 70, he signed the en-
rolled bill (S. 2593 to amend the Im-
migration and Natio lity Act to facili
tate the entry of certa nonimmigrants
into the United Statek and for other
purposes, which had eviously been
signed by the Speaker o the House of
Representatives,
REPORT OF A COM4ITTEE
The following report of committee
was submitted:
H.R. 14705. An act to ex d and improve
the Federal-State unem yment program
(Rcpt. No. 91-752).
BIIjI.Et' IId7RODUCED
Bills were introduced, read the first
time and, by unanimous consent, the
second time, and referred as follows:
By Mr. FONG:
S. 3642. A bill to provide for the addition
of certain property to Hawaii Volcanoes Na-
tional Park in the State of Hawaii, and for
other purposes; to the Committee on Interior
and Insular Affairs.
(The remarks of Mr. FONG when he Intro-
duced the bill appear later In the RECORD
under the appropriate heading.)
By Mr. SCOTT (for himself, Mr.
BROOKE, Mr. ALLOTT, Mr. BIBLE, Mr.
BURDICK, Mr. CAME, Mr. COOPER, Mr.
DODD, Mr. DOLE, Mr. GOODELL, Mr.
GRAVEL, Mr. HAaacs, Mr. HARTKE, Mr.
KENNEDY, Mr. MCINTYRE, Mr. MUS-
KIE, Mr. PACKWOOD, Mr. PELL, Mr,
PERCY, Mr. RANDOLPH, Mr. SAIBE,
Mr. SCHWEIKER, Mr. TYDINGS, Mr.
WILLIAMS of New Jersey, and Mr.
NELSON):
S. 3643. A bill to provide for the issuance
of a gold medal to the widow of the Rev-
erend Dr. Martin Luther King, Jr., and the
furnishing of duplicate Medals in bronze to
the Martin Luther King, Jr. Memorial Fund
at Morehouse College and the Martin Luther
King, Jr. Memorial Center at Atlanta, Ga.;
to the Committee on Banking and Currency.
(The remarks of Mr. SCOTT when he intro-
duced the bill appear earlier in the REcoao
under the approprite heading.)
By Mr. SMITH of Illinois:
S. 8644. A bill to amend. the Federal Avia-
tion Act of 1958 in order to authorize free
or reduced rate transportation for blind
persons and persons in attendance, when the
blind person is traveling with such an
attendant; and
S. 3645. A bill to authorize appropriations
to be used for the elimination of certain
rail-highway grade crossings in the State of
Illinois; to the Committee on Commerce.
(The remarks of Mr. SMITH when he intro-
duced the bills appear later in the RECORD,
under the appropriate heading.)
By Mr. MCINTYRE:
S. 3646. A bill for the relief of Bernardino
Rossetti; to the Committee on the Judiciary.
By Mr. TYDINGS (by requost) :
S. 3647. A bill to authorize the Commis-
sioner of the District of Columbia to lease
airspace above and below freeway rights-of-
way within the District of Columbia, and for
other purposes;
S. 3648. A bill to provide improvements in
the administration of health services in the
District Of Columbia, and for other purposes;
and
S. 3849. A bill relating to the rental of
space for the accommodation of District of
Columbia agencies and activities, and for
other purposes; to the Committee on the
District of Columbia.
By Mr. HRUSKA:
S. 3650. A bill to amend section 837 of title
18, United States Code, to strengthen the
laws concerning illegal use, transportation,
or possession of explosives and the penalties
with respect thereto, and for other purposes;
to the Committee on the Judiciary.
(The remarks of Mr. HRL,siA when he In-
troduced the bill appear latter in the RECORD
under the appropriate heading.)
By Mr. NELSON:
S. 3651. A bill to amend section 510(h) of
the Federal Food, Drug, and Cosmetic Act so
as to require inspection thereunder at least
once every 6 months of factories, ware-
houses, and establishments in which food,
drugs, devices, and cosmetics are manufac-
tured, processed, packed, or held; and
S. 3652. A bill to amend the Federal Food,
Drug, and Cosmetic Act, as amended, to re-
quire that the label of drug containers, as
dispensed to the patient, boar the established
name of the drug dispensed; to the Commit-
tee on Labor and Public Welfare.
(The remarks of Mr. NEasoN when he in-
troduced the bills appear later in the REC-
ORD under the appropriate headings.)
By Mr. DODD:
S. 3653. A bill to amend the Gun Control
Act of 1968 to provide for better control of
interstate traffic in explosive components; to
the Committee on the Judiciary.
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NEW YORK TIMES DATE 31 LM sL )O PAGE
Sharp Rise in Enemy Infiltration In April Is Expected by U.S.;
By WILLIAM BEECHER on reports of men strung out major schism within the Hanoi lbodia's ports to North. V ietna- I cent level. oln f tha few eir no msal 450 tan
5pedaltoTheNewYork Timcs lalong the southernmost reaches leadership over whether tolmese shipping could deal alweaker units have been com-
of the route . It is estimated continue the strategy of pro-substantial blow to enemy bined-
WAence prof March 30-~ ~tracted war. One faction is said plans in the southern half of Supplies of rockets, mortars,
make it takes three months to the trip by truck and on to favor stepping up the war South Vietnam. small-arms ammunition and
Intelligence projections of thethat
infiltration flow into South foot, under heavy pounding in hopes of increasing domestic On the Laotian situation, Ad- machine guns have been much
Vietnam, based primarily on from the air. pressure in the United States ministration planners say that higher than required by exist-
lerial: reconnaissance of the to get out as quickly as pos- as long as American air strikes ing units, these sources say,
lengthy route from North Viet= Questions on Offensive sible, regardless of South Viet- continue along the Ho Chi Minh both to compensate for recent
nam through Laos, and into In view of the heavy flow nam's military capability. Trail, the make-up of the Gov- captures of large caches and
Vietnam, indicate that 10,000 of weapons and ammunition "If the higher rate of . in- ernment there and the amount presumably to preserve the pos-
to 15,000 North Vietnamese over the last six months- filtration should continue for of territory controlled by Corn- sibility of a big offensive.
soldiers are expected to enter double the rate in the same the next few months," said one munist-led forces should not
South Vietnam in April. period a year ago-some an- high-ranking officer, "then make much difference militarily
This would. represent two to alysts at the Pentagon and we would look for a major in South Vietnam.
three. times the rate of 3,000 elsewhere are questioning new campaign." Pentagon and State Depart-
to 5;000 men maintained over whether another enemy offen Compounding the difficulty ment sources say that Northl
the last several months, Admin sive is being prepared. of prediction, the analysts gen- Vietnam has allowed its troop
istration Vietnam planners say. But most senior military erally concede, are the develop- strength to fall for many
Qualified sources say that planners insist it is too early ments in Cambodia and Laos. months to the point where;
the projection of 10,000 to to tell. They say there is frag- For example, military men many North Vietnamese bat-
15,000 men for April is based mentary evidence to suggest a say that the closing of Cam- taions are at roughly 50 per
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U.S. Denies
Improper
Spy Contact
By Robert G. Kaiser
Washington Post Foreign Service
SAIGON, March 22-The
U.S. embassy said today that
an American diplomat who
had contacts with an alleged
Communist spy was only
doing his job.
An embassy statement
named a former U.S. political
officer in Saigon as the man
pictured in photos displayed
by Vietnamese police at a
press conference yesterday.
But the embassy said the %ffi-
cial was only performing his
function as a political reporter
when he talked withBul Van
Sac, the alleged spy.
Police showed a photo of
Sac talking to an American
yesterday. The embassy state-
ment said he was Harold Cole-
baugh, a political officer flu-
ent in Vietnamese who follow-
ed internal politics here. Cole-
baugh left Saigon last year,
served briefly on the U.S.,.del-
egation to the Paris peace
talks and is now in Washing-
ton, official sources said.
The police press conference
yesterday and the embassy
statement today suggest an
unusual split between the al-
lies.
`l' ce_ statements left
the impression that the South
Vietnamese government might
be trying to implicate. U.S. of-
ficials with Communist spies
in the minds of ordinary Viet-
namese. And the embassy's re-
joinder, U.S officials acknowl-
edged, was based in part on
American indignation over
such a suggestion.
In its statement, the -em-
bassy said it knew Sac' was
under investigation as a spy.
The statement also said that
other U.S. officials besides
Colebaugh had met Sac "from
time to time in connection
with carrying out their official
responsibilities." -
In its explanation of Cole-
baugh's contacts with Sac, the
embassy said: "As a political
reporting officer, Colebaugh
normally met with Vietnamese
from many walks of life. This
is a classical diplomatic -funs
tion carried out by officers of
all nations around the world.
In view of this we attach no
significance to the photograph
in terms of mission interests
or personnel." _J_
..,
Colebaugh was known Were
as a hard-working and e rt. po-
tent diplomat with unuiually
wide contacts among Vietnam.
ese. His extensive knowledge
of the Vietnamese language
included the most up-to-date
diplomatic expressions.
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NEW YO.?,K TIMES DATE 2 WA Lib PAGE,__
pproved For Release 2001/08/07 :CIA-RDP7Z=U0337F1 910300060011-8
U.S. Embassy Defends A ides ink Saigon Spy Case
By RALPH BLUMENTHAL
ipeeal to The Now York TIM"
SAIGON, South Vietnam,
March 22-The -United States
Embassy acknowledged today
that some of Its officers had
met periodically with an al-
leged North Vietnamese spy but
asserted that the meetings had
been part of a routine monitor-
ing of political opinion in South
Vietnam.
Calls Meetings With Alleged astute political counselor; fis
command of the Vietnamese;
Enemy Agent a Part of language has been described as
Routine Political Work the most perfect ever attained
by an American mission offi-
been'incidental to their ac-
tivities of gaining local views
and attitudes on the current
scene in Vietnam,"
Privately, sources close to
the embassy indicated that of-
ficials were annoyed by what
The. statement followed at they regarded as an attempt by
news conference yesterday in'some South Vietnamese author-
which South Vietnamese police ities to suggest that the Ameri-
officials circulated a photo-1 cans were dealing with the
North Vietnamese behind the
graph showing an American back of Saigon's leadership.
talking to several Vietnamese. The Americans, it was un-
Among them was Eiji Van Sac, derstood, had not been in-
identified by the police as a formed in advance that the po-
high-ranking North Vietnamese lice news conference would
intelligence agent. bring up any relations between
In what seemed to be in- Mr. Sac and embassy officers.
tended as a repudiation of any Other Charges Discussed
insinuation that the Americans
were dealing secretly with the The mission had been told
enemy, the embassy took the that the news conference would
unusual step of issuing a ape deal with charges of enemy ac-
cial -statement today. It identi- tivities against student leaders.
fied the American in the picture It was after those charges had
as Harold F. Colebaugh, a been discussed that the police
political counselor who served told of cracking a spy ring and
here from January, 1966 to of finding the photograph of
July, 1969. Mr. Sac and Mr, Colebaugh, ap-
statement Read at `Briefing parently in a restaurant.
The affair comes two weeks
The embassy statement was after the prosecution and im-
read at the daily briefing on prisonment of Tran Ngoc Chau,
.the, war. It said that "As a an opposition deputy who was
political reporting officer, Mr. charged with pro-Communist'
Colebaugh normally met with activity for having met with his
Vienamese from many . walks .brother, a North Vietnamese in-
of life. This is a classical diplo- telligence agent. Mr. Chau said
matic function carried out by he had acted with the knowl-
officers of all nations around edge of some key American of-
the world. We attach no sig- ficials. The case was widelyy
nificance to the photography viewed as an attempt by, Presi-
in terms of mission interests or dent Nguyen Vail Thleu to warn
personnel." his countrymen against com-
The statement added that promise with the enemy.
'other embassy officers had met r. Colebaugh the embassy
with Mr. Sac from time to time officer in the Sac case, was gen
cer in South Vietnam. The 31-
year-old Foreign Service offi-
cer was born in California Snd
was graduated from 'Whittier
College there in 1960. He
served in the Army from 1961
to 1965 and joined the State
Department that year.
After leaving South Vietnam
he served with the American-
delegation at the Paris peace
talks and was scheduled to re
turn to Washington to attend a+
Thai language school.
Link to Thi Charged
The police officials who field
the press conference, Col. Tran
Van Hai and Col. Nguyeti'Mau,
said that Mr. Sac had worked
closely with Lieut. Gen. Nguyen!
Chanh Thi, now in exile in
Washington, in planning two
coups against Saigon Govern-!
ments in 1960 and 1963.
The police officials said thatt
Mr. Sac had occupied the gen-
eral's quarters in downtown
Saigon where he entertained
visiting United States Senators
and other American officials.
The embassy statement today
said that officials there had nol
knowledge of his meetings with
the Senators or of allegations;
hat secret American documents i
had been passed to Mr. Sac.
The statement seemed to hrl
deliberately vague on the ques
tion of whether the embassyl
knew that Mr. Sac was work-1
ing for the North Vietnamescl
when Mr. Colebaugh met' him.
The dates of any meetings were
not given.
The South Vietnamese ptflice
even left unresvoled the ques-
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