OFFICE OF LEGISLATIVE COUNSELTHURSDAY - 23 SEPTEMBER 1965

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000300140014-9
• Release Decision: RIPPUB
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• Document Page Count: 21
• Document Creation Date: December 15, 2016
• Document Release Date: October 6, 2003
• Sequence Number: 14
• Publication Date: September 23, 1965
• Content Type: NOTES

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 CIA September
A ,P fr Y For F~gI e GRESSIONAL R CORD 7BAPP NDIX 00140014-9
OO
to get back in. Some are eager; once a
ma-
rine always a marine, I guess."
He said he hasn't heard from many world
War II vets.
Air Force and Navy recruiters here report
a few calls.
Henderson says the willingness of oldtimers
to get into action has restored his faith In
America considering that he runs into many
youngsters who have no idea why the United
States is fighting in Vietnam.
He said he has had to turn down pleas
from veterans of the 442d Infantry, 100th
Battalion, 57th Coast Artillery, Philippine
Scouts and Fourth Marine Regiment.
. Many of these men already have earned
Silver or Bronze Stars he said.
Henderson regrets he cannot hand the old-
timers a pen and a fresh set of OD's. But
there are age limits on "retreads."
Civilians who want to re-enlist cannot be
over 35.
Veterans can claim credit for up to 5 years
of service. If they are over 40 or have more
than 5 years' service and are over 35, they
cannot re-up.
The rule is that their years of service plus
35 do not add up to 40 before their next
birthday, he said.
American Youth in Government
EXTENSION OF REMARKS
HON. RAY J. MADDEN
OF INDIANA
IN. THE HOUSE OF REPRESENTATIVES
Thursday, September 23, 1965
Mr. MADDEN. Mr. Speaker, in re-
cent years our American youth has
made rapid civic progress by actively
Participating in National, state and
local elections. Both political parties
have cooperated with our young folks in
aiding them- to organize so as to more
effectively participate in the great prob-
lems, both domestic and international,
that face our Nation and the world.
Presidents Johnson, Kennedy, and Ei-
senhower have, on many occasions, com-
mended and urged young America to par-
ticipate in governmental problems both
State and National.
The Youth of Indiana have been active
for a number of, years in Democratic
councils throughout our State and have
contributed greatly to our victories in
recent elections.
The Young Democratic Clubs of
America are meeting in national con-
vention in New York City next month.
All Democrats in our Hoosier State are
very much interested in the recognition
of
I
our
ndiana Democratic youth orga-
nizations at their national convention.
At the coming convention all Young
Democratic Clubs in Indiana are sup-
porting Alda Vellutini of Crown Point,
Ind., as a candidate for vice president of
the Young Democratic Clubs of Amer-
ica. Indiana Young Democrats have
not, heretofore, been recognized by
selection to high office in their national
organization.
Gov. Roger D. Branigin and U.S.
Senators VANCE HARTKE and BIRCH BAYH
are all familiar with the great work she
has done in recent elections on behalf of
the Democratic Party and good govern-
ment and especially helping to organize
the various ethnic groups not only in
Indiana but in other localities in the
Middle West.
Miss Vellutini has been especially ef-
fective with women's Democratic organi-
zations in my congressional district and
throughout our Hoosier State. She has
had a number of years of practical ex-
perience as chief deputy in the asses-
sor's office in Lake County which con-
tains the Great Calumet industrial area
of northern Indiana. She is an excel-
lent public speaker, possesses an out-
standing personality and her selection
would be an appropriate recognition for
the feminine personnel of America's
Young Democrats.
I ask unanimous consent to submit
with my remarks a resolution unani-
mously passed by the Indiana State
Democrat Convention, July 24, 1965.
The resolution follows:
RESOLUTION
(Passed at Indiana State Young Democrat
Convention, July 24, 1965)
Whereas the Young Democratic Cl
b
f
u
o
Indiana is and has been an important and
integral component of the Young Democratic
Clubs of America; and
Whereas the participation and activities of
the Indiana club has developed capable,
qualified, and competent leaders and ad-
ministrators; and
Whereas the membership of the Indiana
club, represented in convention assembled
do find that they are possessed of a candi-
date of high caliber, illustrious reputation,
and excellent character; and
Whereas this candidate has served her
community well and holds a high appoint-
ive office; and
Whereas this candidate has given gener-
ously of her time and effort to serve her
Young Democratic and Democratic orga-
nizations; and
Whereas this candidate has held positions
of great responsibility in her district orga-
nization; and
Whereas this candidate has served with
distinction and honor as a Young Democrat
National Committeewoman from the State
of Indiana for two consecutive terms; and
Whereas this candidate epitomizes the
youth, activity, and service of her district
and State; and
A5389
Vietnam, but his home-Merced, Calif.,
is in my district.
I was so impressed by his regard for
his country's welfare that I am inserting
the entire letter in the RECORD, to call
to the attention of my colleagues that
there are youths who are willing and able
to defend the ideals of America.
We can all be assured by the strength
of character and sense of perspective
shown by Corporal Johnson that our
great Nation will continue to be in good
hands as the next generation takes over
the responsibilities of government. It is
my opinion, based on the many people I
meet, that the overwhelming majority of
the young people today are willing to
defend our basic American principles.
Those past demonstrations, of which we
are all well aware, are only the views of
an extreme minority.
I want to publicly commend Cpl.
Lanny Johnson, who, I feel, is illustra-
tive of the same spirit of love and devo-
tion to our country that has motivated
many of our outstanding Americans. I
believe that because this letter is so pa-
triotic and appealing that my fellow
colleagues will be interested in Corporal
Johnson's comments.
The letter follows:
PRESENTING THE Two SIDES IN VIETNAM-"I'M
TAKING FEW MINUTES"
I am taking this few minutes of time,
which is precious, to write a few thoughts
from Vietnam.
When we, the Marines, receive news, it
usually comes from a buddy, etc., who re-
ceives It from another source, etc. I, as am
American citizen, am deeply hurt by the
actions which have been displayed by the
young people of America.
You say we shouldn't be here. I want
you, the students to write me and tell me
why I shouldn't be here, because I believe
I should, and I am staying until I am dis-
charged.
You say you want to come over here to
Vietnam to fight us, the Marines. That is a
laugh and we know it. You have already
shown :'our stupidity and ignorance.
Sure, you can put on a demonstration,
but so can a few dumb animals. You could
not organize yourselves in
to a fighting force,
Whereas this candidate is of national stat- you have shown you have no leadership
ure and will serve the interests of her party who bdes eS all the have an
talking, instigator
and her State in an exemplary manner, then:
and you follow
Therefore be it with your eyes closed. You are not helping
Resolved, That this convention and the the country you live in (my America) one
Young Democrats of the State of Indiana bit. You unequivocably endorse the candidacy of Miss You axeretheobest nexamp eo of Communist
Alda M. Vellutini for a national post of her propaganda. The Communists applaud you
choosing and provide such support as may and I do not blame them.
be necessary to assure this State and this I joined the U.S. Marine Corps in 1962 like
Nation of the Democratic representation, thousands before me, and there will be many
service, and loyalty of which Miss Vellutini more behind me. I did not join because of
has the capacity to provide.
fa"
m l
Two Sides in Vietnam
EXTENSION OF REMAR
HON. B.
F. SIS
y problems, girl problems, law prob-
lems, or anything of this nature. I joined
to serve my country, my God, and my Corps
to the best of my ability. To serve my obli-
gated time, to keep my country and our
s free.
al his is a cold and hot war here in Viet-
n
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, September 23, 1965
Mr. SISK. Mr. Speaker, a letter was
recently called to my attention that was
written by a young marine--Cpl. Lanny
E. Johnson. He is presently stationed in
am. We are here to drive the Vietcong out,
and that is what we are going to do. Demon-
strate if you want, make fools of yourselves,
and the great America in which you live.
You are only hindering our effort here. The
more you demonstrate against its, the longer
we will be here.
It is not easy to undo a wrong, but if you
would try you could help us here and hurt
the Communist effort you are now support-
ing. If
you must
more troops m inaVietnambyMore
equipment, more bombing of North Vietnam.
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.A5390 CONGRESSIONAL RECORD - APPENDIX September 23, 1965
Demolish Hanoi and all who support the
Vietcong. You cannot win the war by tear-
ing up draft cards, this is just more Commu-
nist propaganda.
Do you know fear when you see it? Have
you been surrounded by, thousands of peo-
ple who know nothing but fear? Have you
ever seen a once pretty young face now
maimed by the Vietcong? She now has no
nose or upper lip.
Of course you haven't. You'll never see
these things, because 99 percent of you have
a yellow streak up your back. You would not
light for your country or the things which
have kept it free.
Do you know the feeling of rounds being
fired at you? Or walking up a trail and
someone (Vietcong) tosses a grenade in'your
path. Or on another trail you step on a foot
trap loaded with .45 caliber bullets, I have
and I know the feeling one in combat feels.
Yet, I will stay and fight for a just cause.
Do you appreciate the little things in life?
A cool glass of water, a warm shower? Clean
clothes, a warm meal, a bed to sleep in, a roof
over your heads? No, you do'not, because
you have not been without these or other
things.
I do hope you can do something for your-
selves and your country before it is too late.
The French lost--we will not.
LANNY JOHNSON,
Corporal, USMC.
Ship Shortage Delays War Cargoes
EXTENSION OF REMARKS
. or
HON. BOB WILSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, September 23, 1965
Mr. BOB WILSON. Mr. Speaker,
under leave to extend my remarks In the
RECORD, I Include the following article
from San Diego dated September 12,
1965!
SHIP SHORTAGE DELAYS CARGOES FOR WAR
ZONE
A recent incident at Long Beach should
puncture remaining optimism that in times
of emergency the United States can depend
upon the ships of our allies to supply our
oversew troops.
For more than 2 weeks about 10,000 tons
of needed construction equipment, material
and general supplies waited on the Long
Beach dock while U.S. officials frantically
looked for a ship to carry them to South
Vietnam.
Mexican officials, explaining their laws
forbid ships flying their flag*from entering
a war zone, ordered the cargo unloaded when
the original contracting ship was nearly
ready to sail.
On the next attempt, the crew of a Greek
freighter refused a $10,000 bonus to carry
the U.S. Army supplies to South Vietnam.
The Greeks have no compunctions about
sailing into war zones. In the last 18
months nearly 30 Greek ships have been.
tallied in Communist North Vietnamese
harbors, including 9 in the first half of
this year.
After a delay of more than 2 weeks, U.S.
officials finally found an American-flag carrier
to ship the essential material to South Viet-
nam.
The incident illuminates the increasingly
critical problem caused by the declining
and once proud U.S. merchant marine.
.Unless the trend is reversed, our economic
well-being as well as our security and defense
will be affected increasingly.
Since World War II, the American mer-
chant marine has slipped from first- to fifth-
ranking status in the world. Britain,,Japan,
Liberia, and even Norway rank ahead of us.
This year Lloyd's Register of Shipping re-
ported that the United States is construct-
Ing only 62 of the 1,700 ships on the slips to-
day. This does not include the ships under
construction in Red China and Russia, which
are increasing emphasis on their maritime
fleets.
From the economic standpoint, only about
9 percent of the estimated 315 million tons
of import-export cargo that U.S. ports will
handle this year will be carried in American
bottoms. If the trend continues, the total
will slip to 3 percent by 1985.
As Representative Wu,LiAH S. MAILLIARD, of
California, has noted: "If we do not need
a merchant marine fleet (and he firmly be-
lieves we do) we're wasting $350 million a
year in subsidies. If we do need one, we
should keep and increase what we have to
the point where the United States once again
is a leading maritime power."
Another enlightened position has been
taken by Capt. Lloyd W. Shelton, president
of the AFL-CIO union for masters, mates
and pilots. Noting the Long Beach incident,
Captain Shelton wrote the President that
"the only reliable ships are American ships
with American seamen," in times of emer-
gency. 0
He advocates creation of a reserve fleet,
partly manned, that can be pressed into
duty for emergency shipment of military
supplies. The idea might have merit, but
it does not touch on the need for a healthy
merchant marine at all times.
The present declining state of the U.S.
merchant marine is a sad commentary for a
nation that can afford, and rightly so, what-
ever it costs to keep superiority in the air
and space.
EXTENSION OF REMARKS
OF
HON. JOHN P. SAYLOR
OF PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, September 23, 1965
Mr. SAYLOR. Mr. Speaker, Secretary
of the Interior Stewart L. Udall has an-
nounced apportionment of nearly $76
million to States and territories from the
land and water conservation fund.
Pennsylvania comes In for slightly
more than 4 percent of the total, and I
am hoping that county governments in
the State will study the advisability of
applying for a share as a means of ac-
quiring abandoned strip-mined lands
and transforming them into recreational
areas. Because the Appalachian Re-
gional Development Act provides for re-
claiming stripped lands in the public
domain, I am convinced that we can uti-
lize a portion of the receipts from the
fund to create new parks for our own
people and to make our part of the coun-
try even more attractive to tourists.
I do not know what your States and
constituencies may be thinking with re-
gard to your share of the fund's receipts.
I remind you that the fund is designed to
promote hiking, swimming, hunting,
fishing, bicycling, competitive sports, and
other diversions. Secretary Udall has
pointed out that States must submit
statewide plans to be eligible for acqui-
sition and development grants, but
money for planning purposes is immedi-
ately available.
Mr. Speaker, as a member of the Out-
door Recreation Resources Review Com-
mission, which recommended setting up
the fund, I want to say to my colleag;ies
that I am pleased with the results of
first-year operations. As the years go
on, it will show the way to providing the
facilities for making Americans happier
and healthier.
I know that there were some fears ex-
pressed here in the House about estab-
lishing the fund, but I am confident that
my colleagues are pleased at the amounts
of money that are being made available
to your State and mine -through the
fund's revenues. One of the best edito-
rial expressions of the need for the fund
was published in the Pittsburgh Press in
April 1964, and under unanimous con-
sent, I insert that statement in the REC-
ORD at this time:
WHY RECREATION FEES?
The land and water conservation fund bill
is expected to come up for a vote in the U.S.
House soon. The fund, which could amount
to $200 million a year, is to be invested In
woods and meadows, shores and waters, and
the facilities which enable the public to en-
joy them.
The Federal Government is to spend 40 per-
cent of the fund; the States the larger part,
60 percent.
The bill provides that part of the fund is to
come from fees paid by the users of such
areas. Why? Because the outdoor recrea-
tion organizations which represent the fisher-
men, hunters, boaters, and nature lovers, who
are the principal sponsors of the bill, wanted
it that way.
They figured it isn't fair to charge too
much of the cost of outdoor recreation to the
general taxpayers, and moreover, if the users
do not contribute, they cannot get the ex-
panded areas and facilities that our exploding
population requires.
Objections were raised to these user fees.
The bill has been amended to answer these
objections. It now provides that "No en-
trance or admission fees shall be charged ex-
cept at such areas * * * where recreation
facilities or services are provided at Federal
expense," and only at areas which are specifi-
cally designated by the President and posted.
The original bill provided that a sticker
would be required on almost all autos whose
occupants were making recreation use of Fed-
eral areas. But now no user is compelled to
buy the annual sticker, issued for not more
than $7 a year, which will admit the car and
occupants to any area covered by the bill, ex-
cept those, such as the Lee mansion and
Theodore Roosevelt's birthplace, which are
excluded from the bill. -
The user may, if he prefers, pay individual-
visit or short-term admission fees at the areas
which he uses.
Special interests have attacked the bill.
The National Waterways Conference fears
that it would set a precedent whereby fees
might be imposed on navigation.
But Senator CLINTON P. ANDERSON shows
that this fear is groundless. He points out
that the bill states "nothing * * * shall au-
thorize * * * fees or charges for commercial
or other activities not related to recreation."
Some lumbermen feared that the bill would
enable the Forest Service to make unlimited
additions to national forest lands. The bill
has been amended to permit the Forest Serv-
ice to acquire lands only "within wilderness,
wild and canoe areas * *1 * and within other
areas * * * which are primarily of value for
outdoor recreation purposes."
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 A5386
Approved 1gk RD KR0003W~ AZ 23, 1965
ment. There could be few more effective
bridges to international understanding,
The United States has failed to join the
international Union for Conservation of Na-
ture and Natural, Resources, and this is an
omission which should be speedily corrected.
The United States should propose an Inter-
national Conservation Year to provide new
momentum for progress directed to the qual-
ity of the environment. Each participating
country would be summoned thereby to a
truly national effort to achieve maximum
conservation results.
Any discussion here of the environment
would be pointless unless recognition is given
the central significance of mere human
numbers, Programs to produce a beautiful
America will be meaningless unless popula-
tion growth can be controlled. In the ab-
sence of such control, conservation becomes
a gradually losing battle. It becomes no
longer a creative effort but simply a fight to
slow down the rate of environmental de-
terioration.
POPULATION POLICY
Planning for environmental quality in
America must be developed in close rela-
tion to, a definite population policy. There
is no sch policy today.
At the outset of these remarks, I stressed
the fact that the establishment of conserva-
tion and natural beauty as matters of na-
tional policy gives, no assurance of their ac-
complishment, that the achievement of these
goals depends upon action by us.
Federal conservation programs and Fed-
eral legislation without citizen follow-
through are simply lost opportunities.
We have a Wilderness Act which sets up
a modest nucleus wilderness preservation
system. But 'additions to that system will
now have to run a gauntlet of local hear-
ings and positive congressional action. On
these "close-to-home" issues, local economic
interests can now be expected to have greatly
increased influence.
We have a Land and Water Conservation
Fund Act which, authorizes grants-in-aid to
help States plan, and acquire, and develop
lands for outdoor recreation. However, as
States begin to identify specific areas to be
acquired, there will be growing opposition
from those who have other ambitions for
the areas involved,
There may soon be amendments to the
Federal Water Pollution Control Act which
will authorize the Secretary of Health, Edu-
cation, and Welfare to establish standards of
water quality on interstate streams. But be-
fore the Secretary can act each State will be
given 2 years in which to develop its own
water quality criteria. We can expect, there-
fore, if the bill passes, a contest in each State
between those who want a policy of con-
tinual upgrading of water quality and those
who have-or fancy they have--a stake in
protecting the status quo.
In the field of community development,
the new Housing Act of 1965 strengthens
a number of programs designed to improve
the quality of the urban environment, and
conservationists have a direct stake in such
legislation.
These new programs provide weapons to
help equalize the contest in specific situa-
tions. But the weapons are no good unless
they are used by informed, vigorous, and
well-organized citizens and public officials
at the level where the battle is being fought.
CITIZEN COUNCILS
I would like to see in every town- and ham-
let In this country a citizens' conservation
council. As you know, several States have
provided a legislative framework for Town
Conservation. Commissions. These have
been particularly effective in New England
where the tradition of the town meeting is
still very much alive. However, there is no
need to wait on such legislation, which may
never come, before citizen conservationists
organize at the local level. I am not talking
about a new legal entity, because it is im-
portant to work through our existing orga-
nizations. However, I am also not talking
about one local conservation or citizen ac-
tion group simply assuming the role I have
described. The leadership of such groups
should be an important part of the town
conservation councils but only alongside
representatives of business, the press, the
churches, the schools, etc. Only thus can be
achieved a broad base of citizen support and
citizen action. A good many years ago,
Henry David Thoreau wrote:
"It would be worth the while if in each
town there were a committee appointed to
see that the beauty of the town received no
detriment."
Let us go home and follow his advice.
National conservation organizations should
increase their emphasis on leadership train-
ing for State and local officials and their
own members. With the splendid example
of the meeting of the National Council of
State Garden Clubs so fresh before us, I
hope that a wide variety of citizen organiza-
tions will hold intensive workshops on op-
portunities for citizen action on behalf of
conservation and natural beauty. The Con-
servation Foundation stands ready to help
in this regard. Along the same lines, the
foundation is expanding its information
services to help keep citizen leaders informed
on major developments in conservation and
natural beauty, and on constructive ways in
which citizens can contribute to conservation
objectives. We would welcome suggestions
that will help us make such programs of
maximum benefit.
You and I should be especially concerned
that current conservation programs which
emphasize urban environments as much as
wildlands, wildlife, and traditional conserva-
tion objectives, do not founder for want of
unity of support.
For decades the leadership In conservation
in the United States has come from a pro-
phetic and vigorous core. While this leader-
ship has often been divided between the fol-
lowers of Gifford Pinchot and multiple use
and those whose principle interest was in
preservation, its common concern has usually`
been on this country's great natural areas
and the resources of those areas. Now we
are asked to apply the vigor and the expe-
rience of the traditional conservation move-
ment to a new set of priorities In which the
urban environment gets at least equal rank.
I believe that traditional conservation lead-
ers have been remarkably responsive to this
call; indeed many of the programs called for
by the new conservation were first placed on
the public agenda by those leaders and their
organizations.
But some who are most concerned about
making a metropolitan America livable-
perhaps in their desire to emphasize this
objective-have minimized the interest and
potential contribution of the traditional con-
servationists. And a few of the conserva-
tionists have retaliated by dismissing the
ardent champions of urban American as
"Johnn ie s-come-lately."
This is a wasteful division of interest
among natural allies whose resources and
wisdom ought to be combined to work for
the single objective of an environment of
health and beauty, reaching from urban core
to wildland.
Urban planners, landscape architects, and
urban interests generally have much to learn
from the natural resource disciplines. And
conservationists have much to teach citizen
leaders in urban development about tech-
niques of citizen organizations and of effec-
tive political action.
The national leaders of both professional
and lay organizations interested in, urban
America will do well to seek out the interest
and support of conservation leadership, as
political allies, as technical advisors, and as
members of their boards and councils.
And similarly, organizations traditionally
oriented toward wildlands and rural areas
can serve their interests, and the public good
by bringing planners, architects, landscape
architects, country and city officials, and ur-
ban-oriented citizen groups, among many
others, into the Inner circle of the conserva-
tion movement.
PRIVATE INITIATIVE
One final warning: now that Government
is so heavily committed to conservation goals,
there may be a tendency on the part of pri-
vate individuals and organizations to relax
and let the Government do the job. This
would be fatal. Private action is absolutely
imperative in order to put Government pro-
grams to work. Private initiative is needed
In order to produce imaginative ideas for
action. We need Innovation, and innovation
is seldom a strength of Government.
Basically, I have tried to infuse the con-
cept of natural beauty with the deep and
broad significance which I believe the de-
velopment of a beautiful America requires
and deserves. To this end, I have suggested
that we look to a harmonious relationship
between man and nature as the touchstone
to creative conservation.
Man and his institutions and his society
are evolving toward goals we cannot now see.
However, we may be certain that the environ-
ment in which we live Will play.a key role in
that evolution, perhaps the most important.
It must be an environment that is healthy,
joyful, and challenging. It must be char-
acterized by openness and diversity, because
in variety of choices and in the freedom to
make those choices lie the infinite possibili-
ties of man's future.
Man will travel to the moon and the
planets and probably even to the stars and
beyond. But man's most immense journey
lies among his fellows and within himself.
An America that is truly "America the
Beautiful" can be a shining beacon to light
the wa
Lalo~ g that journey.
Los Angeles Times Reveals How Com-
mittee for an Effective and Durable
Peace in Asia Started
EXTENSION OF REMARKS
OF
HON. BOB WILSON
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, September 23, 1965
Mr. BOB WILSON. Mr. Speaker, reg-
ularly there have been appearing adver-
tisements in leading newspapers of this
country signed by prominent Americans
which urge'various forms of action in
Connection with Vietnam. All too sel-
dom do. we ever learn who really put
these committees together, whom they
represent, and what they are really work-
ing for. The Los Angeles Times through
its reporter, Louis Fleming, performed a
useful public service in doing some origi-
nal reporting in uncovering that the
'Committee for an Effective and Durable
Peace in Asia was formed as a result of a
request by President Johnson. Accord-
ingly the Washington Post, September 9,
page 4-A, brief news story about this
and the text of the committee advertise-
ment and list of sponsors may be judged
more realistically accordingly. I hope
that other members of the press will show
initiative in uncovering who really starts
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September 23, 1965 CONGRESSIONAL RECORD - APPENDIX
building on flood plains rather than reserving
such areas for open space or agriculture.
We have filled swamps and marshland for
construction or as dumps 'for the refuse of
our society, in complete disregard'not only
of their natural beauty, but also of' heir
roles as natural reservoirs, water regulators,
and wildlife havens. Indeed, we createwliole
communities in disregard of the most rudi-
mentary principles of hydrology and then,
when the water runs out or"runs over, blame
nature and call upon the ;Government for
There is a serious water crisis in the north-
east today but the problem 1s not really due
to a shortage of water but to a shortage of
planning. We know a great deal today
about natural resource management. It is
high time that we apply that knowledge to
the urban environment and to regional
planning.
I give the highest priority to the identifica-
tion and articulation of ecological principles
11
as they relate and apply to practical develop-
meat programs. There is no doubt that we
still have much to learn in this regard. We
need major and continuing research such as
is being proposed by the international bio-
logical program to investigate the produc-
tivity of representative terrestial and aquatic
communities. Such programs have major
long-term significance to the capacity of man
to sustain himself on earth,__and they deserve
substantial support by Governments and
private institutions. However, we do not
kaeve to await further research before putting
ecological principles to work. We have a
tremendous store of knowledge now that aim-
ply needs expressing in forms that are usable
by economists, engineers, landscape archi-
tects, and planners generally, and which are
There must be mutual understanding and
a continuing dialog between all of these
disciplines. A useful exchange along these
lines was sponsored by the Conservation
Foundation last spring when it' conducted a
4-day conference on the subject "The Future
Environments of North America" which
brought together some 40 leading ecologists,
ecl nomists, geographers, regional planners,
urban planners, and so "!orth from the
United States, Canada, Latin America, and
England.
This is not to assert that conservation
values or ecological principles, however, we
describe, them, should become the over-
riding determinants of policy. What we
should aim for Is to make such values a re-
spected part of the decisionmaking process,
to. have them weighed in the balance along
with economic, and other criteria.. At the
present time they are largely overlooked so
that alternatives supported by ecological
standards are simply not made available to
decisionmakers.
I do not for a moment mean to imply that
ecology is necessarily at war with economics,
that the one is always a _ clear alternative
to the other. Clearly, this is not so. While
I seriously doubt that we can ever put mean-
ingful dollar values on such things as the
survival of a species, a delightful landscape,
the rise of a trout to the fly, the song of a
bird, or the stillness of a forest, there are
many cases where the application of ecolog-
ical principles makes absolute economic good
sense. I have already mentioned some of the
costly results of failing to apply those prin-
ciples. On the positive side, we all are fa-
miliar with the! real dollar values implicit in
sound forest management, range manage-
ment, and wildlife management. There are
many more. In large-scale real estate de-
velopment, I am convinced that a plan that
makes proper provision for open space, that
protects hillsides from erosion, and streams
from siltation and' pollution will, over the
long run, produce property values that are
substantially higher and more stabre than
one which simply exploits the' land for the
highest immediate cash gain.`
Just as in the life insurance Industry good
health is recognized as good business, so I
believe that American industry generally will
and must come to recognize that a good en-
vironment is also good business.
When the achievement of natural beauty,
conservation, and ecological harmony does
Impose sB additional economic cost, the pub-
lic should not necessarily reject these values.
I read a newspaper column recently which
strongly implied that efforts to put over-
head transmission Sins'underground should
be rejected because the cost of power would
be increased, and that industry should not
be required to prevent or reduce stream pol-
lution because the cost of manufactured
goods would rise. Following this approach,
child labor would never have been abolished
nor a thousand other improvements in our
way of life achieved.
When conservation values mean added
costs, we should acknowledge this frankly,
estimate the costs as accurately as possible,
and provide the public and decisionmakers
with the facts necessary to making intel-
ligent choices from among the available al-
ternatives. Conservationists should aspire
to no greater role in a free society, but this
is a role to which they are surely entitled.
COUNCIL PROPOSED
I propose that the President establish a
Council of Ecological Advisers, or alterna-
tively, an interdisciplinary group of environ-
mental advisers having a strong ecological
orientation. And let me make it clear that
I am not just talking about an interdepart-
mental committee. With one such bold
stroke, concern for the quality of the en-
vironment would be given an important new
status In planning and policymaking at the
highest level of government. It would give
ecology a new posture in public affairs, and
a new sense of responsibility for making its
knowledge applicable and relevant to the
practical needs of our day.
I have spoken of the necessity for chang-
ing some of our traditional attitudes to-
ward man's relationship with nature. If
we are really to achieve this objective-and
we must-then something more is needed
than the conviction of a few determined peo-
ple, although this is important. Something
more is needed than government policies,
although these help.
Nothing less than a revolution in our edu-
cational system is required. Our present
system is built around knowledge of facts
and how to do things with those facts. In
this system, the world around us continues
as an external affair upon which we operate
successfuly if we simply apply the facts we
are taught. I believe that those facts and
our dealings with them need to be conceived
in different terms. They need to be pre-
sented so that the student sees himself as
part of an interdependent, interrelating
world, not simply as its manipulator.
We need to revise our teaching, not to alter
the knowledge we teach, but to present the
facts in the context of certain important
relationships so that, as individuals, we come
to understand our own place in the world
around us. Stated a different way, we need
to teach subjects, whether physical sciences,
social sciences, humanities, or technologies,
in the context, wherever possible, of man
interacting with his environment.
We need to rewrite textbooks, revise en-
tire curriculums. I am not talking about
teaching conservation as a specific subject
but about injecting a new concept of man's
relation to his environment into the very
marrow of our education system, throughout
all subjects. The Conservation Foundation,
in cooperation with the U.S. Forest Service,
is working in this important field at the
jointly operated Pinchot Institute for Con-
servation Studies at Milford, Pa.
:.er,J
EDUCATION TASK FORCE
I strongly urge that the Secretary of the
Department of Health, Education, and Wel-
fare appoint a task farce to make studies
and submit recommendations along these
lines.
.A week ago today I was sitting on a sand
dune on the Massachusetts shore without a
care in the world: well, hardly any cares
other than this speech. I watched the gulls
sweeping overhead and the wind stirring
the grass on the tops of the dunes and the
sandpipers feeding along the edge of the sea.
And as the long Atlantic waves rolled in to
crest and break in a froth of spray and then
run up the beach beneath me, I thought
about our subject, "America the Beautiful."
Watching those waves from across the sea,
aware of the ebb and flow of the tides that
set the pattern of life around me, it seemed
tome that any vision of "America the Beau-
tiful" which excludes the world beyond our
boundaries is not very realistic.
Whether we like it or not, we cannot di-
vide up the environment with neat little
fences. The pintail duck that flies, over Wy-
oming may have nested on the Yukon and
be headed for wintering grounds In Mexico.
There are now proposals to send water from
Canada to southern California. Smog and
air pollution which we once thought of as
the problems of part'cular cities have been
revealed as continental in scope. Significant
amounts of DDT are now regularly found in
the tissue of penguins in the Antarctic..
Radioactive fallout knows no political boun-
daries. Probably the richest storehouse of
natural resources that mankind possesses
lies in the oceans, common property of the
world.
These are but a few examples of the plain
f:.ct that conservation and natural beauty
as I have expressed these concepts cannot be
the private property or the exclusive con-
cern of any one nation or people. Whether
we like it or not, we in the United States
cannot ignore the environment of the rest
of the world. We are part of it. We have
recognized this fact in our assistance to
natural resources development programs
abroad. The comprehensive development
program announced by President Johnson
for the Mekong River Basin of South Vietnam
is conservation on a truly spectacular scale.
The virtually uncontrolled erosion of soils
In Latin America and the progressive de-
gradation of the human habitat in many
parts of the world beyond our own borders
will inevitably, if left unchecked, produce
human misery and tensions which will
threaten the security of this country, no
matter how beautiful it is. As we sit here
in these lovely and comfortable surround-
ings and talk about "Am,erica the Beautiful,"
we are indulging in dangerous self-delusion
if we forget for a moment the tension, the
frustrption, the hopelessness, the fear, the
hatred, and the violence such as recently
erupted in Los Angeles. We cannot be blind
to similar forces beyond our borders.
INTERNATIONAL CONSERVATION
Our responsibility for natural beauty and
conservation starts at home, of this we can
be absolutely certain. Our immediate job
lies in our own backyard, on our own street,
in our own neighborhood. Nevertheless, we
cannot escape our interdependence with the
world environment. Indeed, we have much
to learn about landscape, open space and
town planning from other countries. In
many of these respects, our friends from
abroad are far ahead of us. By the same
token, we ourselves have a great opportunity
for world leadership in producing a truly
livable environment. Progress toward a
beautiful America can become a beacon of
hope to other peoples.
We should cooperate with the other na-
tions of the world in efforts to solve the
common problems of Our human environ-
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September 23, 1965 CONGRESSIONAL RECORD - APPENDIX
these committees, especially if they in-
volve work that the Congress is engaged
in.
The brief news story and committee
advertisement follow:.
[From the Washington Post, Sept. 9, 1965]
NEW YORK.-Arthur Dean, an attorney and
former diplomat, announced yesterday the
formation of a blue-ribbon citizens' commit-
tee to support President Johnson's policy in
the Vietnam war.
The formation of the committee was re-
quested by the President as an answer to nu-
merous peace-front groups that have been
attacking American involvement in Viet-
nam, according to sources quoted by Louis
Fleming of the Los Angeles Times.
The organization, which will be called the
Committee for an Effective and Durable Peace
in Asia, consists of 47 prominent people rep-
resenting both political parties, business, in-
dustry, and the intellectual community. A
statement of the committee's policy, plac-
ing heavy emphasis on the need for a nego-
tiated settlement within the terms of the
1954 Geneva Agreement, will be published as
an advertisement in the newspapers in 13
cities.
[From the New York Times, Sept. 9, 1965]
We cordially invite you to join the Com-
mittee for an Effective and Durable Peace in
Asia. The committee's basic purpose Is to
support President Johnson's proposals to
bring about a viable peace in Vietnam and,
once peace is brought about, to enlist eco-
nomic aid for the entire area and to assure
to the people of South Vietnam their right
to choose a government of their own, free
from assassination, threats of violence or
'other forms of intimidation.
In order to meet the increased aggression
against South Vietnam and to convince the
Government of North Vietnam that such
aggression cannot be successful, it has be-
come necessary for the President of the
United States to increase defense expendi-
tures and to commit large American forces
to supplement the forces of the South Viet-
namese. At the same time the President has
given ample evidence of his willingness to
commit the United States to serious negotia-
tions designed to bring about a cessation of
bloodshed and Communist aggression.
The committee believes the President has
acted rightly and In the national interest in
taking these steps and that he is entitled to
the support of the responsible citizens of this
country. The committee intends to do what
it can to assist the President to achieve his
objectives of peace and the ending of
aggression.
STATEMENT OF PRINCIPLES OF COMMITTEE FOR
AN EFFECTIVE AND DURABLE PEACE IN ASIA
The following principles with respect to
the problems we are confronting in Vietnam
have been formulated by the undersigned
citizens with the hope that they may serve to
help our Government to bring about a work-
able, peaceful, political settlement:
1. The objective of the United States in
South Vietnam, in accordance with our own
historic principles and the principles of the
United Nations Charter, is that its people be
free from external aggression and from the
impositions of an outside will by force, sub-
version or infiltration, so that they may be
able to shape their own destiny as they
see fit.
In common with every free and independ-
ent people, we believe that the people of
South Vietnam should have the right to
choose their own government and way of life
through exercise of the principles of self-
determination.
2. The United States has no territorial
ambitions, no desire for bases, no intention
of seeking special privileges or creating
spheres of influence anywhere in southeast
Asia. We are presently engaged in a mili-
tary effort to bring about peace in southeast
Asia. This is made necessary by the presence
in South Vietnam of thousands of trained
and armed men, sent and directed by North
Vietnam in an attempt to overcome the
South by terror, subversion, and outright
aggression.
3. We believe that the North Vietnamese
effort to take over South Vietnam is a part
of a wider threat of Communist domination
and expansion in Asia. This Asian Com-
munist aggression, if unresisted, will spread
insecurity, chaos, terror, and uncertainty; it
will prevent the growth of Asian peace and
stability essential to our own long-term na-
tional interests.
4. We believe that the United States has
given clear assurances of its intentionto
help the South Vietnamese people to defend
themselves. We believe that failure to im-
plement these assurances would have serious
consequences in Asia and elsewhere. We
must not equivocate on this support of the
principle of collective self-defense. For to
do so would do much to damage the faith
and resiliency of many small and vulnerable
nations who rely on us, directly or indirectly,
in combating Communist aggression. Fur-
ther, by such equivocation we would en-
tourage similar efforts to extend Commun-
ism by so-called wars of national liberation
in other areas of the world.
5. The committee fully supports the Presi-
dent's policy of doing no more and no less
than what is necessary militarily in Vietnam
to bring about a viable peace. We deplore
the pain and destruction, the disruption of
family life, the wasting of human resources,
and the inevitable casualties. We do not
wish to destroy North Vietnam. Nor do we
threaten its- existence.
Yet we feel now that we must take the
firm and deliberate actions required to end
aggression and to convince the aggressor
that he cannot succeed by the use of force.
6. We urge that every effort be made to
pursue the path of peace, through uncon-
ditional discussions, genuine reciprocal acts
leading to the reduction or cessation of hos-
tilities, or any other course holding real
promise for a meaningful political outcome.
We remain wary of superficial steps which
might encourage the aggressor in his present
course and further jeopardize an already
tormented, beleaguered people. But we be-
lieve we must stay dedicated unflaggingly to
the search for an effective peace by non-
military means.
7. We particularly urge the faithful use
of the United Nations in seeking a genuine
agreement and in assuring its effective im-
plementation and continuance.
8. We support the continued adherence of
the United States to the essential purposes
of the 1954 Geneva Accords, in order to stop
hostilities and provide peaceful settlement.
If honored, these purposes could result in
the reestablishment of security in the area
and could guarantee the independence of
South Vietnam. Once security in the area
has been established and the right of all
peoples of Vietnam to self-determination
has been adequately assured by all parties,
there could be a possibility of eventual peace-
ful reunification of Vietnam through effec-
tively supervised, genuinely free elections.
9. We believe that when the aggressor has
ceased his aggression in the area, and secur-
ity and safety are returned to the people of
South Vietnam, there will be no need for the
presence of American military forces. In-
deed, we support unequivocally the with-
drawal of these forces from South Vietnam
as soon as the South Vietnamese are in a
position to determine their future without
external interference, infiltration, intimida-
tion or threat.
10. We want the United States to continue
to contribute to the elevation of the way of
life of the people of South Vietnam by vig-
orously supporting their efforts for political
and social reform. We believe the United
A5387
States should continue to provide economic
and technical assistance to this end. Last-
ing peace will only come in southeast Asia
if its people are truly free to better them-
selves and their condition and thus gain the
buoyant hope that comes from this achieve-
ment. We support American readiness to
aid the countries of southeast Asia in their
joint economic development. We believe in
leaving the door open for cooperative North
Vietnamese participation.
As responsible citizens desiring peace, we
plan to work in support of these basic prin-
ciples in all appropriate ways on an Inde-
pendent basis.
If you are in general agreement with the
foregoing principles, if you are willing to
support the President in combating com-
munism in southeast Asia and in protecting
the basic principles of U.S. policy in the Far
East in an effort to bring about an effective,
workable and durable peace in Asia, we in-
vite you to join us as a member of the corn- -
mittee by filling out and mailing the form
below. You will be consulted on all basic
purposes but it is expected that a small ex-
ecutive committee to act in case of emer-
gency will be formed.
COMMITTEE FOR AN EFFECTIVE AND DURABLE
PEACE IN ASIA
Arthur H. Dean, chairman
48 Wall Street, New York, N.Y., 10005
I support your statement of principles and
wish to join your committee. You may so
list me in your literature.
----------------------------------
(Name)
----------------------------------
(Address)
----------------------
(City, town or village)
State------------ZIP Code--------
Arthur H. Dean, chairman, 48 Wall Street,
New York, N.Y.
Dean Acheson, Washington, D.C.
Mrs. Walter H. Annenberg, Wynnewood,
Pa.
Douglas Arant, Birmingham, Ala.
Nathaniel G. Benchley, Nantuckett, Mass.
Eugene R. Black, New York, N.Y.
Robert K. Carr, Oberlin, Ohio.
W. Frederic Colclough, New York, N.Y.
James S. Coles, Brunswick, Maine.
James B. Conant; Princeton, N.J.
John Cowles, Minneapolis, Minn.
Hardy C. Dillard, Charlottesville, Va.
C. Douglas Dillon, New York, N.Y.
Thomas S. Gates, New York, N.Y.
Roswell L. Gilpatric, New York, N.Y.
Robert F. Goheen, Princeton, N.J.
Gabriel Hauge, New York, N.Y.
Oveta Culp Hobby, Houston, Tex.'
Reed O. Hunt, San Francisco, Calif.
Joseph E. Johnson, New York, N.Y.
Paul Kayser, Houston, Tex.
James R. Killian, Jr., Cambridge, Ma-s.
Franklin Lindsay, Lexington, Mass.
E. Wilson Lyon, Claremont, Calif.
John J. McCloy, New York, N.Y.
Robert W. -McEwen, Clinton, N.Y.
Benjamin E. Mays, Atlanta, Ga.
Andre Meyer, New York, N.Y.
Milton C. Mumford, New York, N.Y.
Robert D. Murphy, New York, N.Y.
William B. Murphy, Camden, N.J.
John W. Nason, Northfield, Minn.
David Packard, Palo Alto,. Calif.
Eugene Patterson, Atlanta, Ga.
John A. Perkins, Newark, Del.
Herman Phleger, San Francisco, Calif.
Frederic A. Potts, Philadelphia, Pa.
Lewis F. Powell, Richmond, Va.
Lucian W. Pye, Cambridge, Mass.
Harold Quinton, Los Angeles, Calif.
David Rockefeller, New York, N.Y.
Whitney North Seymour, New York, N.Y.
Frank L. Snell, Phoenix, Ariz.
Robert B. Troutman, Altanta, Ga.
Jay Taylor, Amarillo, Tex.
Kenneth T. Young, New York, N.Y.
Harold Zellerbach, San Francisco, Calif.
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A5388 CONGRESSIONAL RECORD - APPENDIX September 23, 19i5
The Real Alabama-Part LXIII ship, laboratory assistantship, medical tech- Combat Veterans Eager To Go to Vietnam
nology, physical therapy and radiological
technology.
EXTENSION OF REMARKS With its sprawling facilities and promising EXTENSION OF REMARKS
of future, the medical center naturally attracts of ienced HON. JACK EDWARDS cialist. to pa ticip tte and senor us mspe-
HON. SPARK M. MATSUNAGA
OF ALABAMA ical research program. OF HAWAII
IN THE HOUSE OF REPRESENTATIVES. The boom ahead for the medical center IN THE HOUSE OF REPRESENTATIVES
largely rests on activities of the Housing
Thursday, September 23, 1965 Authority of the Birmingham district in Thursday, September 23, 1965
purchasing more land for medical center
Mr. EDWARDS of Alabama. Mr. expansion. Mr. MATSUNAGA. Mr. Speaker,
Speaker, the people of Alabama, recog- The purchase will pave the way for loca- through the years this great Nation of
nixing that good health is basic to every tion of more university affiliated and health- ours has depended largely on its younger
other kind of welfare and progress, have related facilities. men to defend its democratic principles
taken steps to assure the people of the Among such facilities are the Methodist on the battlefield. They are being called
State the best in medical facilities. This Hospital and St. Vincent Hospital; both pri- upon again to meet aggression in the
aspect of Alabama was the subject of an vate general hospitals, which have an- jungles and rice paddies of Vietnam, and
medical center r construction. appearing 511 the Birmingham pounced plans os a total of $10 million in they are answering the call by the thou-
.
News August 22, 19615. Scheduled to begin construction this sum- sands. This, of course, is gratifying.
The article follows: mer are a Veterans'. Administration research But even more impressive is the re-
HEALTH BELONGS TO EVERYBODY building to bridge 19th Street South. con- port from Hawaii's recruiting boards
The medical industry in Alabama is on the netting the VA hospital and the University's that our older combat veterans, who once
move. Quality medical care, research and Health Science Research Building, and a south addition to the Health Science Re- or twice before risked their lives, are
education in the State have taken on new volunteering to "get into the fight"
meanings as dreams of medical greatness search Building Itself.
Already under construction and scheduled against aggression in southeast Asia.
have become
ama base Medi- for for completion in early 1966 is a 7-story These are men who served with such
at the University ewith home
paol en r tof Alabama psychiatric wing to University Hos- famed World War II units as the 442d
cal Center Birmingham. pital, valued at $4,204,000. Infantry Regiment, 100th Infantry Bat-
Quality medical care, research and educa- - On the drawing boards is a $5 million
tion in the State have taken on new mean- talion, 57th Coast Artillery, Philippine
ings as dreams of medical greatness have be- seven-story south wing addition to Univer- Scouts, and 4th Marine Regiment. Al-
come realities, with home base for progress site Hospital. though they have been turned down be-
at the University of Alabama Medical Center The medical center can fill numerous
chapters in telling the medical story in Ala- cause of age limits on "retreads," the
in Birmingham. bama, but it can by no means suffice as the spirit of these men who volunteer to
A few short years ago the entire medical entire volume. serve in the battle zone is encouraging
complex was housed on one square block. Even in Birmingham, the picture takes on and in marked contrast to the reluctance
Today the count is 15 square blocks, just
south of the downtown business district. greater depth as one looks to the new multi- of a few younger men who have been
In the near future the medical giant will million-dollar Baptist Medical Center rising asking for soft Army jobs away from the
engulf 30-45 square blocks from a proposed on Montclair Road. combat zone.
area even now under study. Then attention focuses on expansion at
West End Baptist Hospital and its $5 mil- I submit for inclusion in the CONGRES-
Its future is unlimited, according to Dr. lion addition; to new operating and emergen- SIONAL RECORD, an article from the Sep-
J. F. Volker, vice president for health affairs, cy rooms, X-ray and supply units at South tember 16, 1965, issue of the Honolulu
University of Alabama. Highland Infirmary; vast new additions at Star-Bulletin which reflects this fighting
"If this pace is maintained, it is possible Carraway Methodist and at East End Me- spirit on the part of combat veterans:
that within the next 15 years at least $50 morial. Hospital; and planned construction [From the Honolulu Star-Bulletin,
million, and possibly as much as $109 mil- at Lloyd Noland Hospital and local Salva- Sept. 16, 19651
lion, of medical center construction will be tion Army facilities. '
undertaken," he says. As the eye turns to other parts of the State, BUT YOUNG DRAFTEES FEEL DIFFERENT-COM-
Currently university units have an annual more astounding medical history is in the HAT VETERANS EAGER To Go TO VIETNAM
operating budget in excess of $20 million, making. Combat veterans of World War II and
employ more than 3,000 persons, teach 1,000 Look to Montgomery, for example, where Korea. apparently are anxious to get into the
students in health sciences, and provide the in October 1963 a notable achievement in fight in Vietnam,
community with 650 hospital beds, the field of construction and health research But they are too old to join the ranks.
University units consist of the Medical began operation in the form of the world's An Army recruiter,on Kauai reported this
College of Alabama and the University of first Atomedic Hospital. development and Honolulu recruiters have
Alabama School of Dentistry, both 4-year The circular structure, a prototype from found similar reenlistment interest shown by
highly rated institutions, and university hos- which the official hospital of the New York vets.
pitals and clinics, which feature the State's World's Fair has been patterned, is built al- On the other hand young men of draft age
largest general hospital. most entirely of aluminum panels and is are considerably less eager.
Other medical center units add annual 100 feet in diameter. Sfc. Richard B. Henderson, Army recruiter
budgets of approximately $10 million, 1,500 The revolutionary concept is expected to on Lihue, feels older hands know why the
employees, and match university's bed ca- provide needed facilities at half the usual United States is fighting in Vietnam.
pacify. oust, with advanced features not generally He's found young men, in many cases,
These units include the Veterans' Admin- available. haven't the foggiest idea.
istration Hospital, Children's Hospital, Crip- Alabama has 146 general hospitals, 137 Henderson said if he could recruit old
Foundation Children's n Hooital, Hospitaland Clinic, HEye nursing homes, 5 chronic disease hospitals, vets he'd have no problem filling the ranks
Armory, Aory, on Vocational Mortimer
Vocational ion n Center, 3 mental hospitals, 8 tuberculosis sanatoria, and meeting quotas.
and Jefferson County Public Health Build- and 1 rehabilitation center-and each has its Most old "retreads" seeking to enlist are
y unemployed, he said.
ing. story to tell. "Some are professional men and others
Within easy access to the medical facilities the State has a public health system which "have skilled trades. They saw jungle fighting
are -the University of Alabama Extension extends to all 67 counties, bringing services in the Pacific, took the roughest Korea had
Center and University Engineering Building. in maternal and child health, communicable to offer, or slugged it out on Bataan or at
University hospitals and clinics, one of the diseases, tuberculosis, chronic illness, men- Anzio," Henderson said.
three divisions of university. facilities, last tal health, vital staatistics and sanitation. "The retreads all know why the United
year ranked as one of the top 30 hospitals in The public health service, too, has a story States is fighting in Vietnam. Some of them
the Nation in volume of services rendered. to tell, have sons in that battle zone..
The university's program in the health And Alabamians themselves from every "But some of the young men eligible for
sciences includes not only the medical col- corner of the State have their own stories to the draft have asked how to get a soft Army
loge and dental school, but also a graduate tell. Heartwarming stories of lives saved, job or how to avoid the combat zone."
program which attracts students from all of steps forward in medical research, of An Army recruiter in Honolulu said: "We
over the world and it complete program in young men andwomen being trained to get quite a few calls from former war vet-
paramedical fields at university hospital. serve in medicine and dentistry. erans. Of course, some are crackpots, but
The hospital has nine fully accredited par- These are the stories of a State on the quite a few, mostly average, make inquiries
amedical schools and auxiliary teaching pro- move in medical industry. Of a State where about getting back in."
grams, in nursing, anesthesia, blood bank quality medical care, research and education A Marine recruiter in Honolulu said: "We
technology, cytotechnology, dietetic intern- have truly taken on new meanings. have quite a few from the Korean war trying
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cause of the increased volume-a higher
dollar return on sales of that equipment.
The theoretical economic ground for
that argument is sound. Unforuntately,
for one not in possession of the cost fig-
ures for General Motors-such as my-
self-it is impossible to carry that argu-
ment beyond the theoretical stage.
Therefore, I am inclined to count the
blessings in hand and not mourn for the
"might have been."
The fact is that the consumer will pay
no more for a 1966 General Motors car-
with identical equipment-than he would
have for the 1965.
My primary concern yesterday was
that auto prices-in spite of record
profits-would go up across the board-
contributing to inflationary pressures
and opening the issue of just how much
price competition there is within the in-
dustry. General Motors' action eases
that concern and is welcome news to the
American consumer.
I ask unanimous consent that a copy
of the General Motors press release dated
September 22, 1965, be printed in the
RECORD at this point.
There being no objection, the press re-
lease was ordered to be printed in the
RECORD, as follows:
Drraorr.-The manufacturer's suggested
retail prices on all 1966 model General Motors
passenger cars will be lower than those of
similarly equipped 1965 models, chairman
Frederick G. Donner and, president James
M. Roche announced today.
The manufacturer's suggested retail price
(which is shown on each car on the "stick-
er") includes list price, dealer delivery and
handling charges and reimbursement for
Federal excise tax, but does not include
destination charges or State and local taxes.
All 1966 models include as standard equip-
ment six safety items which have been avail-
able as extra cost options on most models
during 1965-rear seat belts, padded instru-
ment panel, backup lights, outside left-hand
rearview mirror, dual speed windshield wip-
ers and washer, and padded surivisors. Fur-
thermore, improved penetration resistant
windshield glass will be standard on all 1966
General Motors cars.
Reductions in the manufacturer's sug-
gested prices for 1966 model General Motors
passenger cars range from $52 to $136 as
compared with the introductory prices for
similarly equipped 1965 models in Septem-
ber 1964 (the average reduction is $72). The
major part of the overall reduction reflects
.the full ainpunt of the excise tax reduction.
The remainder of the reductions includes de-
creases for the safety items made standard
equipment which range up to $19 as com-
pared with the 1965 option prices for the
various features. (The safety items sold as
optional equipment on the average 1965 Gen-
eral Motors car were priced at $56. On 1966
models, these items have been reduced to
$50-a reduction of more than 10 percent.)
The Federal excise tax on new passenger
cars was reduced from 10 to 7 percent by
legislation which became effective June 22,
1965. On that date the manufacturer's
suggested retail prices for all General Motors
passenger cars were reduced to reflect this
reduction in excise tax. The 1966 manufac-
turer's suggested retail prices contin
reflect fully the reduced excise tax.
"This will be the 8th consecutive model
year in which our prices have remained sub-
stantially constant or have been reduced,"
Mr. Donner and Mr. Roche said. "Our prices
have not been increased since the fall of
1958 when the 1959 models were introduced.
This is a significant accomplishment, par-
ticularly in view of the fact that over this
period our hourly employment costs have in-
creased by 40 percent, the consumer price
index has risen by about 9 percent, tooling
costs and prices of machinery have advanced
as have prices of some basic materials and
services, and State and local taxes are higher.
"We have been able to maintain prices at
a level substantially unchanged since the
fall of 1958 through constant emphasis on
the development of improved manufacturing
methods, processes, equipment and through
innovations in design. At the same time,
the quality and structural strength of our
cars, and the reliability and durability of
such key components as engines and trans-
missions, and braking and steering systems
have been advanced each year. As a result,
our cars are safer and easier to drive. More-
over, General Motors cars today are more
attractively styled, and better engineered
than ever before. They also satisfy more
effectively the increasingly diverse needs and
desires of our customers.
"Our market continues to be character-
ized by a strong desire for individuality on
the part of buyers-and we are meeting this
demand for personalized products with a
wide variety of models and optional equip-
ment. As a result, General Motors products
today represent even greater values for the
consumers' dollars."
It was also announced that the General
Motors air injection reactor system designed
to control exhaust emission and installed on
cars sold in California will be priced at $45.
Following is an example of the 1966 Gen-
eral Motors prices, related to 1965 prices for
a similarly equipped Chevrolet Chevelle "300"
six-cylinder, four-door sedan:
[Manufacturer's suggested retail prices]
Price for 1965 model prior to excise
tax reduction (Sept. 24, 1964
through June 21, 1965) 1------ $2,193.00
Add six optional safety items of
equipment-made standard in
1968-at 1965 option price----- 70.60
Total 1965 price prior to ex-
cise tax reduction, June
21, 1965---------------- 2,263.60
Less excise tax reduction effective
June 22, 19651---------------- 48.65
1965 model price since June 22,
1965 - - -
1966 model price, effective October
Reduction excluding excise tax
reduction---------------------
Total reduction from introductory
1965 model price excise tax re-
duction-June 22, 19651------- 48.65
Price reduction, effective October
7. 1965----------------------- 12.95
Total price reduction since
introduction 1965 model- 61.60
Retroactive to May 15, 1965.
Prices for individual makes and models
will be announced shortly by each General
Motors car division.
Mr. HART. I thank the Senator from
Oregon fj'r yielding to me.
YERS' COMMITTEE ON AMERICAN
POLICY TOWARD VIETNAM
Mr. MORSE. Mr. President, one of
the great changes in U.S. foreign policy
which has taken place in the last 5 years
has been the reversal of our earlier de-
termination to advance the rule of law
in world affairs. No nation was more
deeply involved in the creation of the
United Nations than was the United
States; and no nation in the world has
preached to others more than we have
that peaceful settlement of disputes
among nations must be practiced, pref-
erably under United Nations auspices.
In Vietnam, we have totally flouted
the rule of law, and we have flouted the
United Nations Charter. This lipserv-
ice given by the United States to the
United Nations and its international law
provisions and procedures has done our
country great injury among many inter-
national lawyers around the world. Our
waging an undeclared war in southeast
Asia in flagrant violation of our oftex-
pressed pretense that the United States
,stands for the substitution of the rule
of law for the jungle law of the military
claw in meeting threats to the peace of
the world, has done great damage to our
reputation for reliability in international
affairs. Our good reputation in world
affairs previously held by millions of peo-
ple in the underdeveloped areas of the
world has been tarnished by our unjusti-
fied warmaking in southeast Asia.
We have lost much more prestige and
so-called face among the masses of the
people of Asia, Africa, Latin America,
and for that matter, the Western World,
than we possibly could have suffered if
we had forthrightly admitted years ago
that it was a mistake for us to unilat-
erally intervent militarily in southeast
Asia.
Ever since our first violations of the
Geneva Accords, starting with the im-
position of our first puppet regime in
South Vietnam, the Diem regime, we
have violated one tenet after another of
international law and one treaty obliga-
tion after another, and the world knows
it. For more than 10 years, we have writ-
ten on the pages of history with the in-
delible ink of U.S. violations of the Ge-
neva Accords of 1954, as well as article
after article of the United Nations Char-
ter and even article I, section 8 of the
Constitution of the United States, a sad
and shocking chronicle of our repudia-
tion of the rule of law in our foreign
policy practices.-
Our unilateral intervention in Vietnam
has continued unabated, even while we
were addressing pious letters to the Sec-
retary General of the United Nations,
suggesting that he might, perhaps, find
some way to interest the members of the
United Nations in trying to restore peace
in southeast Asia. Unfortunately, even
our diplomatic gestures toward-the Unit-
ed Nations were so couched in empty
semantics that the world knew that the
United States was not offering to have
the United Nations take complete juris-
diction over the threat to the peace of
the world in Asia on United Nations
terms but only in the last analysis, upon
U.S. terms.
Whenever Senator ERNEST GRUENING
and I have urged that the United States,
in accordance with the peacekeeping
procedures clearly authorized by the
United Nations Charter, should file with
the Security Council a formal resolu-
tion calling upon the Security Council, in
behalf of the United Nations, to take
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An invitation to participate in the San
Antonio fair, therefor, would not be
met with much enthusiasm, and those
nations who do decide to participate
would, in all ilikelihood, not be able to
meet their expenses. In the end, it would
be the American taxpayer who will carry
the financial burden. This can hardly
be called a way in which to improve our
balance-of-payments standing, as the
promoters suggest.
In the ease of HemisFair and other
State expositions, a direct relationship
is involved between the exposition and
a series of urban civic removal projects.
This urban removal is already supported
by Federal funds. Therefore, this same
money is indirectly involved in the pro-
motion of this exposition.
Further Federal commitment might
very well result in an angry outcry from
other cities carrying out urban removal,
and it would place the U.S. Govenment
in the awkard position of being discrim-
inatory.
American endorsement In any inter-
national undertaking has profound
ramifications throughout the world.
Certainly international fairs involve an
aspect of foreign policy. if our foreign
policy is to be effective, we must make
sure that it does not lose its influence.
Over-indulgence in one type of commit-
ment will only result in the loosening of
its impact.
For the foregoing reasons, we oppose
passage of the bill.
Mr. YARBOROUGH. Mr. President,
will the Senator wield?
Mr. LAUSCHE. I yield.
Mr. YARBOROUGH. Subject to the
approval of the leadership, it is the
understanding of the Senator that the
legislation will be taken up in the morn-
ing hour on Tuesday?
Mr. LAUSCHE. Mr. President, I have
no objection to it being taken up at the
earliest date consistent with the ex-
peditious disposition of the Senate busi-
ness. If Tuesday at noon is an appro-
priate hour, I shall raise no objection.
Mr. YARBOROUGH, Mr. President,
the junior Senator from Texas [Mr.
TOWER] requested that the matter be
put off until then.
LEGISLATIVE PROGRAM
Mr. MANSFIELD. Mr. President, it
is anticipated that Calendar No. 756 (S.
2167) a bill to provide for participation
of the United States in the HemisFair
1968 exposition to be held at San An-
tonio, Tex., in 1968, and for other pur-
poses, will be brought up on Tuesday.
The next order of business will be the
conference report on the poverty pro-
gram. That will be the order of busi-
ness immediately after the prayer to-
morrow.
I thank the distinguished Senator
from Oregon for him unfailing courtesy
and consideration at this late hour.
Mr. MORSE. I yield to the Senator
from Oklahoma.
TRIBUTE TO FORMER U.S. SENATOR
ELMER THOMAS
Mr. MONRONEY. Mr. President, one
of Oklahoma's great men, former U.S.
Senator Elmer Thomas, died Sunday, and
on the following day the Senate adopted
a resolution of sorrow arid extreme re-
gret, which my colleague, Senator HAR-
ars, was kind enough to submit during
my unavoidable absence.
Oklahoma owes the late Senator
Thomas a debt of gratitude for his ex-
traordinary contributions during a peri-
od of service longer thaft any other man
ever elected to major public office in
Oklahoma. It was most fitting that the
resolution which my colleague presented
was agreed to unanimously.
Senator Thomas began his public serv-
ice when Oklahoma became a State in
1907, serving as a member of the first
Oklahoma State Senate. He continued
in the State senate until 1920, and in
1923 was elected to the Congress, where
he served until elected to this body in
1927.
Senator Thomas dedicated his years to
causes that helped bring Oklahoma from
infancy to maturity faster than probably
any other member of the sisterhood of
States. But the benefits and the ac-
complishments of Senator Thomas and
his policies and programs can be seen
not only in Oklahoma but throughout
the Nation.
He served here on Capitol Hill as a
ranking member of the Military Appro-
priations Committee, as chairman of the
Agricultural Committee, and as an ex-
pert in fiscal policy, Indian affairs, and
natural resources development.
Senator Thomas' long-range vision
for the development of the Nation's
water resources were bolstered in later
years by the added championship of our
great mutual friend, the late Senator
Robert S. Kerr.
As a Member of the House of. Repre-
sentatives, it was my honor to work
with Senator Thomas and Senator Kerr
in giving Oklahoma its tremendous mo-
mentum in the development of its soil
and water resources.
Through many years of diligent ap-
plication of superb leadership talents,
Senator Thomas earned a place of en-
during honor in our State and Nation.
It was with deep regret that we learned
of his passing, and the resolution which
the Senate adopted upon this sad oc-
casion was altogether appropriate to the
memory of this great American.
I thank the Senator from Oregon for
his courtesy in yielding to me.
CHANGE OF REFERENCE
Mr. MOSS. Will the Senator from
Oregon yield?
Mr. MORSE. I yield to the Senator
from Utah.
Mr. MOSS. Mr. President, I ask
unanimous consent that Senate Concur-
rent Resolution 55, to express the sense
of Congress relative to certain water
problems confronting the United States
and Canada, which was referred to the
Foreign Relations Committee, be re-
referred to the Committee on Public
Works, for the reason that this matter
is a matter with which the Public Works
Committee is currently engaged. The
matter has been cleared with the chair-
men of both committees, and is in full
agreement on both sides, with the sim-
ple reservation by the chairman of the,
Foreign Relations Committee that if any
treaty or if anything of that sort should
grow out of it, the Foreign Relations
Committee would not lose any jurisdic-
tion.
The PRESIDING OFFICER. With-
out objection, the Foreign Relations
Committee will be discharged, and the
resolution will be referred to the Com-
mittee on Public Works.
Mr. MANSFIELD. Mr. President, will
the Senator from Oregon yield me one-
half minute?
Mr. MORSE. I yield.
EXPANSION OF WAR ON POVERTY-
CONFERENCE REPORT
Mr. MANSFIELD. Mr. President, I
submit a report of the committee of con-
ference on the disagreeing votes of the
two Houses on the amendment of the
Senate to the bill (H.R. 8283) to expand
the war on poverty and enhance the
effectiveness of programs under the
Economic Opportunity Act of 1964. 1
ask unanimous consent for the present
consideration of the report.
The ACTING PRESIDENT pro tem-
pore. The report will be read for the in-
formation of the Senate.
The legislative clerk read the report.
(For conference report, see House pro-
ceedings of Sept.. 22, 1965, pp. 23784-
23786, CONGRESSIONAL RECORD.)
The ACTING PRESIDENT pro tem-
pore. Is there objection to the present
consideration of the report?
There being no objection, the Senate
proceeded to consider-the-report.
Mr. MANSFIELD. This conference
report will be the pending business to-
morrow, at the conclusion of the prayer.
Mr. MORSE. I yield to the Senator
from Michigan, without losing my right
to the floor.
AUTOMOBILE PRICES, 1966
Mr. HART. Mr. President, yesterday
I took the floor to voice my concern that
the higher prices for 1966 model cars
announced by Chrysler Corp. might in-
dicate that consumers would be handed
an across-the-board increase by the
auto industry.
Late yesterday General Motors Corp.-
by announcing their 1966 prices-as-
sured me that my fears of a general up-
swing were not to be realized. As I felt
I would have been remiss in not speak-
ing out yesterday, so do I feel it right
that I speak today.
General Motors in its press release-
which I ask unanimous consent to have
entered in the RECORD at the conclusion
of my remarks-says its 1966 prices
amount to a reduction in consumer
prices. Some-who feel more at home
with complicated statistics than I-have
raised the question if in fact the com-
pany could not have cut prices more.
These observers have in mind, of
course, the increased productivity and
high profit rates of the industry. They
also argue that by making last year's
optional safety equipment standard on
the 1966 cars, the companies should
realize lower installation costs and-be-
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jurisdiction over the threat to the peace the ways in which that intervention vie- the memorandum to communicate with
in Asia, the officials of our Government lates not only the position we have pre- the committee for the purpose of help-
rejected our proposal with the lame viously taken in oases of breaches of the ing the committee further its endeavor
excuse that they thought either Russia peace but the text of the United Nations to create a greater public opinion interest
or France would veto such a resolution Charter, itself. n poly.
In the Security Council. Sometimes Senator'GRUENING and I are pleased to ins Iehave saidiso many times, Ameri
they would add to their limping ration- have this document printed in the CoN- can foreign policy under our constitu-
alization in opposition to our proposal GRESSIONAL RECORD, because it raises tional system belongs to the American
that they had reason to believe that the questions about our responsibilities people. Only an alerted and enlight-
nonpermanent members of the Security under international law that have been ened public opinion can help the offi-
Council preferred not to have the United evaded by the administration for many cials of our Government in both the ex-
States call upon the members of the years. ecutive and congressional branches of
United Nations Security Council to live The memorandum projects construc- Government mold and administer a for-
up to their treaty obligations. tive proposals for the peaceful resolu- eign policy that will be in keeping with
As I have argued so many times with tion of the tragic Vietnamese conflict. the best interests of our people.
the officials of the administration and They are proposals which are in con- Senator GRUENING and I believe that
with the Senate of the United States, formity with the rule of law and the such a provocative legal treatise as this
our country can never justify a violation principles of the United Nations Charter. one prepared by the Lawyers' Committee
of its treaty obligations simply because The committee is to be commended for on American Policy Toward Vietnam
other signatories to the United Nations its exploration of the legal issues and should be widely disseminated, debated
Charter may not want to live up to their treaty violations posed by the war in and considered in connection with pro-
treaty obligations. World public opin- Vietnam.
ion is entitled to know what nation or By inserting in the CONGRESSIONAL ican lforeign policy inmodifications
southeast Asia..er-
nations are unwilling to make full use RECORD the legal memorandum prepared I am informed that among those legal
of the peacekeeping procedures of the by the Lawyers' Committee on American authorities who have endorsed the mem-
United Nations Charter in a good-faith Policy Toward Vietnam, it should not be orandum are Prof. Thomas Emerson of
endeavor to end a threat of the peace of inferred that Senator GRUENING and I Yale, Prof. David Haber of Rutgers, and
the world in southeast Asia or anywhere endorse or underwrite every detail of the Osmond K. Fraenkel, general counsel
else. legal arguments made by its authors. for the American Civil Liberties Union.
The failure of the United States to However, we do agree that it represents Therefore, Mr. President, in behalf of
submit by way of formal resolution to a legal analysis of many of the interna- Senator GRUENING and myself, I ask
United Nations' jurisdiction in the Viet- tional law problems raised by the U.S. unanimous consent that the following
nam was in marked contrast to our sup- unilateral military intervention in south- memorandum of law, including its title
port of the United Nations' intervening east Asia that is most deserving of study page, prepared by the Lawyers' Commit-
in a good-faith attempt to negotiate a and careful consideration not only by tee on American Policy Toward Vietnam,
cease-fire agreement in the Indo-Paki- the officials of Our Government and the be printed in the CONGRESSIONAL RECORD.
stani war. Yet the capacity of the public, generally, but also by those mem- There being no objection, the memo-
United Nations to deal with breaches of bers of the American bar who believe randum and title page were ordered to
world peace is being eroded by the Amer- in the substitution of the rule of law in be printed in the RECORD, as follows:
ican policy of ignoring the peacekeeping place of resort to war for the settlement AMERICAN POLICY VIS-A-VIS VIETNAM, IN
procedures of the United Nations Char- of threats to the peace of the world. LIGHT OF OUR CONSTITUTION, THE UNITED
ter in its own war in Vietnam. Senator GRUENING and I have been ad- NATIONS CHARTER, THE 1954 GENEVA Ac-
Our preachments to other powers that vised that the Lawyers' Committee on CORDS, AND THE SOUTHEAST ASIA COLLECTIVE
they submit their disputes to United Na- American Policy Toward Vietnam will DEFENSE TREATY
tions' jurisdiction are already being met welcome responses from members of the MEMORANDUM OF LAW
with much cynicism. Other countries American legal profession and also in- (Prepared by Lawyers Committee on Ameri-
know it is a case of our saying: "Do as vites all lawyers interested to join the can Policy Toward Vietnam, Hon. Robert
I say, but not as I do." Lawyers' Committee on American Policy W. Kenny, Honorary Chairman)
Our highest policy officials insist that Toward Vietnam in its plans for arous- Executive committee
American honor and commitments are ing a nationwide interest among lawyers William L. Standard, Chairman; Carey Me-
at stake. Yet, the American honor and and the general public in seeking to per- Wililami Vice Chairman; Joseph H. Crown,
the commitments we pledged to res ct c---
when the United States signed the char-
ter of the United Nations 20 years ago
have been thoroughly debauched. It is
not the United Nations and pacific settle-
ment of disputes that we are honoring in
Vietnam, but a narrow, national interest
of the United States. Like so many na-
tions before us, and like many in our own
time, we find it easier to call upon our
tremendous military power to sustain a
,mistaken political judgment than to do
what we have always urged others to do;
namely, submit the entire matter to the
United Nations' jurisdiction for the ap-
plication of the appropriate rules of law
as set forth in the articles of the charter.
A memorandum on the international
law aspects of the Vietnam war has been
prepared by a group of lawyers, acting
under the leadership of Mr. Joseph
Crown, of New York City. Organized as
the Lawyers' Committee on American
Policy Towards Vietnam, they have pro-
duced a written statement of some of
the legal issues posed by our military
intervention in southeast Asia. In this
legal memorandum they have discussed
No. 176-13
use within its foreign policy of anin-
ternational law approach to the threat
to the peace of the world that has been
created by U.S. warmaking in southeast
Asia.
Senator GRUENING and I also wish to
add our personal plea to members of the
legal profession dedicated to the rule of
law to interest themselves in the work
of such lawyers' groups as the Lawyers'
Committee on American Policy Toward
Vietnam and the work of the World
Peace Through Law Conference which
met in Washington, D.C. from Septem-
ber 12-18. The proceedings of the World
Peace Through Law Conference which
will be published in the near future, as
well as the legal memorandum prepared
by the Lawyers' Committee on Ameri-
can Policy Toward Vietnam, are deserv-
ing of the study of the members of the
legal profession.
The Lawyers' Committee that prepared
this legal memorandum asks those mem-
bers of the bar, the bench, law teachers
and professors who share the major in-
ternational law objectives expressed in
Lawyers Committee on American Policy
Toward Vietnam, 38 Park Row, New York,
N.Y.
AMERICAN POLICY VIS-A-VIS VIETNAM
The Justification of American Involvement.*
in Vietnam has troubled - lawyers in the
light of the literal language of our Constitu-
.tion and the United Nations Charter.
Though the United States initially entered
South Vietnam only to advise, American
troops, now numbering 125,000,1 have moved
from a passive to an active combat role.
American forces have mounted repeated air
* For a historical background, see "Rob-
ert Scheer, "HOW the United States Got In-
volved in Vietnam" (A Report to the Center
for the Study of Democratic Institutions,
Post Office Box 4068, Santa Barbara, Calif.,
93103) ; sample copy free.
1 President Johnson, in his news confer-
ence of July 29, 1965, stated:
"I have today ordered to Vietnam the Air
Mobile Division and certain other forces
which will raise our fighting strength from
75,000 to 125,000 men almost immediately.
Additional forces will be needed later, and
they will be sent as requested." (Presiden-
tial Documents, vol. 1, No. I, p. 15, Aug. 2,
1965.)
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CONGRESSIONAL RECORD -SENATE September 23, 1965
strikes against targets in North Vietnam. Is
such action, raising the threat of large-scale
war, consonant with our Constitution, our
obligations under the United Nations Char-
ter, the provisions of the southeast Asia col-
lective defense treaty?
Observance of the rule of law is a basic
tenet of American democracy. Hence it is
fitting that American lawyers examine the
action pursued by our Government to deter-
mine whether our Government's conduct is
justified under the rule of law mandated by
the United Nations Charter, a charter adopt-
ed to banish from the earth the scourge of
war.
We shall explore and assess the grounds
advanced to justify the course of conduct
pursued by our Government vis-a-vis Viet-
nam. In section I, we examine American
policy in the light of the United Nations; in
section II, in the light of the Geneva accords
and the southeast Asia collective defense
treaty; and in sections III-IV in the light of
our Constitution. Mindful of the grave im-
portance of the issues, we have exercised
the maximum diligence in the preparation
of this memorandum which is fully
documented.
I-THE UNITED STATES IN VIETNAM: THE
UNITED NATIONS CHARTER
The Charter of the United Nations was
signed on behalf of the United States on
June 26, 1945, by the President of the United
States, and was ratified on July 28, 1945, by
the Senate? Thus, the United States became
a signatory to the Charter, along with 55
other nations (there are now 114), obligat-
ing itself to outlaw war, to refrain from the
unilateral use of force against other nations,
and to abide by the procedures embodied In
the Charter for the settlement of differences
between states. In essence, the obligations
assumed by member nations under the United
Nations Charter represent the principles of
international law which govern the conduct
of members of the United Nations and their
legal relations.
The Charter of the United Nations is a
presently effective treaty binding upon the
Government of the United States because it
is the "supreme law of the land."' In-
deed, the Charter constitutes the cornerstone
of a world system of nations which recognize
that peaceful relations, devoid of any use of
force or threats of force, are the fundamental
legal relations between nations. The follow-
ing provisions of the Charter are relevant:
(a) "All members shall refrain in their
international relations from the threat or
use of force against the territorlaV Integrity
or political independence of any state or in
any other manner inconsistent with the pur-
poses of the United Nations" (ch. I, art.
II(4)).
See Historical Note under title 22, United
States Code, sec. 287. By the act of Dec. 20,
1945, c. 583, 59 Stat. 819 (22 U.S.C. 287-
287e), Congress enacted "The United
Nations Participation Act of 1945," empower-
ing the President to appoint representatives
to the United Nations and to render various
forms of assistance to the United Nations and
the Security Council under specified terms
and conditions.
I The treaties to which the United States is
a signatory are a part of the fundamental.
law, binding upon all officials and all govern-
mental institutions. Art. I, sec. 2, clause 2, of
the U.S. Constitution confers power upon the
President to make treaties with the concur-
rence of two-thirds of the Senate. Art. VI,
clause 2, of the U.S. Constitution provides
that treaties so made, together with the
Constitution and the laws of the United
States made pursuant thereto, are "the
Supreme Law of the Land." Missouri v.
Holland, 252 U.S. 416, 432--434; Hines v.
Davidowitz, 312 U.S. 62, 62-63; United States
v. Pink, 315 U.S. 203, 230-231; Clark v. Allen,
331 U.S. 503-?508.
(b) "The Security Council shall determine
the existence of any threat to the peace,
breach of the peace, or act of aggression, and
shall make recommendations or shall decide
what measures shall be taken * * * to main-
tain or restore international peace and se-
curity." (Ch. VII, 39.)
It is thus plain that signatory members of
the United Nations Charter are barred from
resorting to force unilaterally and that only
the Security Council is authorized todeter-
mine the measures to be taken to maintain
or restore international peace (apart from
the question as to whether or not the Gen-
eral Assembly has any residual authority by
virtue of the "Uniting for Peace" resolution
for this purpose when the Security Council
is unable to meet its responsibilities 4).
It may be recalled that in 1956, Israel
justified its attack on the Egyptian forces in
the Sinai Peninsula "as security measures to
eliminate the Egyptian Fedayeen 'Com-
nnando' bases in the Sinai Peninsula from
which raids had been launched across the
Israeli frontier." Starke, "Introduction to
International Law," fourth edition, London,-
1958, at page 83 et seq.
When Great Britain and France Introduced
their troops into the Sinai Peninsula, under
claim of a threat to their vital interests, the
"preponderant reaction of the rest of the
world was to condemn this action as inter
alia, a breach of the United Nations Charter."
Starke, "Introduction to International Law,"
fourth edition, London, 1958, at pages 85--
88.
When the Soviet Union suggested a joint
military operation with the United States to
restore the peace in the Middle East, Secre-
tary of State John Foster Dulles rejected this
proposal as "unthinkable" (New York Times,
November 6, 1956). Dulles declared:
"Any intervention by the United States
and/or Russia, or any other action, except by
a duly constituted United Nations peace
force would be counter to everything the
General Assembly and the Secretary Genefal
of the United Nations were charged by the
charter to do in order to secure a United
Nations police cease-fire."
At a news conference on November 8, 1966,
President Eisenhower, answering an an-
nouncement of the Soviet Union at that
time, declared that the United States would
oppose the dispatch of Russian "volunteers"
to aid Egypt, saying that it would be the duty
of all United Nations members, including the
United States, under the clear mandate of
the United Nations Charter to counter any
Soviet military intervention in the Middle
East. The President said:
"The United Nations is alone charged with
the responsibility of securing the peace in
the Middle East and throughout the world."
United Nations Action In the Suez Crisis.
Tulane Studies In Political Science, volume
IV entitled "International Law in the Middle
East Crisis."
To the fundamental, substantive and pro-
cedural requirements and conditions vesting
sole authority in the United Nations to
authorize utilization of force, there are only
two exceptions set forth In the charter. The
first exception Is found in article 51 of chap-
ter 7:
"Nothing in the present charter shall im-
pair the inherent right of Individual or col-
lective self-defense If an armed attack oc-
curs against a member of the United Nations,
until the Security Council has taken meas-
ures to maintain International peace and
security."
Article 51 of the charter marked a serious
restriction on the traditional right of self-
defense. As was stated by Prof. Philip C.
Jessup in his work "A Modern Law of Na-
tions," published in 1947 (at pp. 165-166):
4 The constitutional validity of the
"Uniting for Peace" resolution adopted in
1950, is disputed.
"Article 51 of the charter suggests a fur-
ther limitation on the right of self-defense:
it may be exercised only 'if an armed at-
tack occurs.' * * * This restriction in article
51 very definitely narrows the freedom of
action which states had under traditional
law. A case could be made out for self-
defense under the traditional law where the
injury was threatened but no attack had
yet taken place. Under the charter, alarming
military preparations by a neighboring state
would justify a resort to the Security Coun-
cil, but would not justify resort to anticipa-
tory force by the state which believed itself
threatened."
The traditional right of self-defense, even
prior to the adoption of the United Nations
charter, was limited. As stated by Secretary
of State Daniel Webster in the Caroline
case," and as adopted in the Neurenberg Judg-
ment in 1945, any resort to armed force in
self-defense must be confined to cases in
which "the necessity of that self-defense
is instant, overwhelming and leaving no
choice of means and no moment of delibera-
tion-" In expressly limiting independent military
action to instances of armed attack, the
founding nations explicitly and implicitly
rejected the right to the use of force based
on the familiar claim of "anticipatory self-
defense," or "intervention by subversion," or
"pre-emptive armed attack to forestall
threatened aggression," and similar rationale,
Such concepts were well known to the
founding nations if only because most of
the wars of history had been fought under
banners carrying or suggesting these slogans.
More importantly for our purposes here,
however, the United States was aware of these
precepts before the Senate ratified the Unit-
ed Nations Charter and consciously ac-
quiesced in their rejection as a basis for in-
dependent armed intervention .8
It has been authoritatively said that the
exceptional circumstances stipulated in ar-
ticle 51 are "clear. objective, easy to prove
and difficult to misinterpret or to fabricate"-
The wording was deliberately and carefully
chosen i0
Hence article 51 can under no circum-
stances afford a justification for U.S. inter-
vention in Vietnam, since the Saigon regime
Is indisputably not a member of the United
Nations and, indeed, under the Geneva Ac-
cords of 1954, South Vietnam is merely a
In support of his views, Professor Jessup
noted :
"The documentary record of the discus-
sions at San Francisco does not afford con-
clusive evidence that the suggested inter-
pretation of the words `armed attack' in Ar-
ticle 51 is correct, but the general tenor of
the discussions, as well as the careful choice
of words throughout Chapters VI and VII of
the Charter relative to various stages of ag-
gravation of dangers to the peace, support
the view stated." (Jessup, "A Modern Law
of Nations," p. 166.)
0 See, Louis Henkin (Professor of Law and
International Law and Diplomacy, Columbia
University), 57 "American Society of Inter-
national Law Proceedings," 1983, at p. 152,
Moore's "Digest of International Law," vol.
IT. p. 412.
Henken, ibid.
8 Hearings on U.N. Charter, Committee on
Foreign Relations, U.S. Senate, 79th Cong..
1st sess., July 9-13, 1945, at p. 210.
? Henkin, ibid.
10n "* * * at the Conference itself, every
word, every sentence, every paragraph of the
Charter's text was examined and reconsid-
ered by the representatives of 50 nations and.
much of it reworked." (Report to the Presi-
dent on the results of the San Francisco Con-
ference by the Chairman of the U.S. Dele-
gation, i.e., the Secretary of State, June 26,
1945], hearings on U.N. Charter, Com-
mittee on Foreign Relations, U.S. Senate.
79th Cong. Tat Sess., at p. 41.)
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temporary zone not even qualifying politi-
cally as a state .(See Section 11 infra), even
If it be assumed that an "armed attack,"
within the meaning of article 51, has oc-
curred. against South Vietnam. For, as has
been shown, article 51 is operative only in
the event of "an armed attack against a
member of the United Nations." Hence,
neither the right of individual self-defense
nor the right of collective" self-defense can
become operative.
It has been claimed that United States in-
tervention in Vietnam is sanctioned under
article 51 on the. ground (1) that South
Vietnam is an independent state; (2) that
South Vietnam had been the victim of an
armed attack from North Vietnam and (3)
that the United States, with the consent of
South Vietnam, was engaging in "collective
self-defense" of that country, as claimed by
the United States in a communication to the
United Nations Security Council in March,
1965 (U.N. Chronicle, vol. 2, p. 22) _ To sus-
tain this claim, all three elements must be
satisfied.
This claim Is untenable, however, on sev-
eral grounds. First, South Vietnam was not
recognized as an independent state at the
1954 Geneva Conference (see sec. II,
Infra). Even if it had become a de facto
state in the course of events since 1954, the
infiltrations from North Vietnam cannot be
deemed to constitute an "armed attack"
within the purview of article 51.
Since the Geneva Accords recognized all
of Vietnam as a single state, the conflict
whether, of the Vietcong or Ho Chi Minh
against South Vetnam is "civil strife" and
foreign intervention is forbidden, because
civil strife is a domestic question-a posi-
tion insisted upon by the United States in
its civil war of 1861. Ho Chi Minh can com-
pane his position in demanding union of
Vietnam with that of Lincoln, when Britain
and France were threatening to intervene
to assure the independence of the Confeder-
acy (and with the added point that the
national elections mandated for 1956 in the
Geneva Accords were frustrated by South
Vietnam with apparent support of the United
States; see see. II, infra). Nor should it
be overlooked that Lincoln had very little
support from the people of the South, who
generally supported the Confederacy, while
Ho Chi Minh has a great deal of support
from the people in South Vietnam organized
in the National Liberation Front whose mili-
tary arm is the Vietcong. There is, there-
fore, a basic issue whether the hostilities in
Vietnam constitute external aggression (by
North Vietnam) or "civil strife." Here it
should be noted that the United Nations is
authorized to intervene where civil strife
threatens international peace, as the United
Nations did in the Congo, In accord with
article 39 of the charter-but individual
states are not permitted to intervene unilat-
erally.
The third element requisite for the invoca-
tion of the right of collective self-defense
under Article 51 presupposes that the na-
tions invoking such right are properly mem-
bers of a regional collective system within
the purview of the United Nations Charter.
The point here involved is: Can the United
States validly be a genuine member of a re-
gional system covering southeast Asia. Arti-
cle 51 and Article 53, dealing with regional
systems, were interrelated amendatory pro-
visions intended primarily to integrate the
inter-American system with the United Na-
tions organization (see in. 8, 13, 15). The
concept that the United States-a country
separated by oceans and thousands of miles
from southeast Asia and bereft of any his-
torical or ethnic connection with the peoples
of southeast Asia-could validly be con-
sidered a member of a regional system im-
planted in southeast Asia is utterly alien to
the regional systems envisaged in the
Charter. The "Southeast Asia Collec-
tive Defense Treaty"-connecting the
United States with southeast Asia, archi-
tectured by Sec grtary of State Dulles, is a
legalistic artiflcf5l formulation to circum-
vent the fundamental limitations placed by
the United Nations Charter on unilateral
actions by individual members. However
ingenuous-or disingenuous-the Dulles ap-
proach, SEATO is a caricature of the genuine
regional systems envisaged by the U.N. Char-
ter. A buffalo cannot be transformed into
a giraffe however elongated its neck.may be
stretched. The Dulles approach to collec-
tive defense treaties employed legal artifice
to circumvent the exclusive authority vested
in the United Nations to deal with breaches
in the peace, Articles 51 and 53 were in-
tended to make a bona fide integration of
regional systems of cooperation with the
world system of international security-but
these envisaged regional systems which his-
torically and geographically developed into
a regional community-not contemplating a
regional system which fused a region like
southeast Asia with a country on the North
American Continent. SEATO is not a re-
gional agency within the letter or spirit of
the U.N. Charter as to authorize the United
States to claim the right of collective self-
defense even If there had been an armed
attack on a member of the United Nations
geographically located in southeast Asia, If
artifices like SEATO were sanctioned, the
path would be open for the emasculation of
the United Nations organization and the
world system of international security as-
siduously developed to prevent the scourge
of war.
Hence article 51 cannot be properly in-
voked for (1) South Vietnam does not have
the political status of a. state; (2) even if
South Vietnam were deemed a de facto state,
the Infiltrations do not constitute an "armed
attack" within the purview of article 51; and
(3) the United States cannot claim the right
of "collective self-defense" in respect of a
regional system involving southeast Asia.
Apart from article 61 (inapplicable to the
situation here), the only other exception to
the renunciation of the "threat or use of
force" by member states is found in chapter
VIII of the charter dealing with regional
arrangements. Article 53 of said chapter
contains two paragraphs of particular sig-
nificance:
(a) "The Security Council shall, where
appropriate, utilize such regional arrange-
ments or agencies for enforcement action
under its authority. But no enforcement
action shall be taken under regional arrange-
ments or by regional agencies without the
authorization of the Security Council, with
the exception of measures against an enemy
state, as defined in paragraph 2 of this
article." (Ch. VII, art. 53 (1)) .
Paragraph two of that article provides:
(b) "The term enemy state as used in
paragraph 1 of this article applies to any
state which during the Second World War
has been an enemy of any signatory of the
present charter."
With respect to regional arrangements
therefore, it is clear that no enforcement
action may be undertaken without the au-
thorization of the Security Council of the
United Nations, save and except in only one
instance; against any state which, during
World War II, was an enemy of any of the
charter," to wit, Germany, Italy and Japan.
The reason for this exception appears
clear. When the Charter was signed in San
Francisco on June 26, 1945, peace treaties
had not yet been finally signed by the allied
nations with each of the enemy states. Rep-
arations, sanctions, territorial changes; had
not then been finalized. And so, in order to
permit necessary flexibility in these respects,
this sharply limited exception, permitting ac-
tion against an enemy state in World War II
by an allied government, was spelled out.
Since Vietnam was manifestly not an "enemy
state" within the purview of article 53(b),
enforcement action under SEATO is un-
authorized and cannot be justified in view
of the express restrictions set out under
article 53(a) of the United Nations Charter.
In summary, the United Nations Charter
obligates all of its signatory members to re-
frain from the threat or use of force, and
only the Security Council (apart from the
residual authority (see footnote 4) granted
the General Assembly under the "uniting for
peace" resolution) is authorized to deter-
mine the existence of any threat to the peace,
breach of the peace or act of aggression and
to determine the measures to be taken to
maintain or restore international peace. To
these salient provisions, there are only two
exceptions: the first, the right to self-de-
fense If an armed attack occurs against a
member of the United Nations; and, the
second, the right of nations to enter into
appropriate "regional arrangements," sub-
ject, however, to the provision that no en-
forcement action shall be taken under such
arrangements without the authorization of
the Security Council, the only exception to
the latter requirement being with respect to
measures against an enemy state, as defined
in the charter.
We have shown that none of the afore-
stated exceptions can be invoked by the
U.S. Government with respect to its conduct
in Vietnam, It follows therefore that the
fundamental requirements of the United
Nations Charter with respect to the renun-
ciation of force and the threat of force are
directly applicable to the actions of the
United States,
One other noteworthy charter provision is
article 103 which subordinates all regional
and treaty compacts to the United Nations
Charter.
"In the event of a conflict between the
obligations of the members of the United
Nations under the present charter and their
obligations under any other international
agreement, their obligations under the pres-
ent charter shall prevail." (Ch. XVI, art.
103.)
This supremacy clause was drafted to meet
the predictable reassertion of dominance
by the great powers within their respective
geographic zones or hemispheres. Because
of the unhappy history of a world frag-
mented by such "spheres of influence," the
supremacy clause and the restrictions on
the use of force under regional agreements
emerge as limitations upon the superpowers
even within their own geographic zones. It
is significant that the United States not
only accepted these limitations, but actively
supported their incorporation within the
charter?3
'$Hearings on U. N. Charter, Committee
on Foreign Relations, U.S. Senate, 79th Cong.
1st sess., supra, n. 6, at p. 306.
On May 15, 1945, Secretary of State 'Stet-
tinus issued a statement at the San Fran-
cisco Conference regarding the Act of Cha-
pultepec vis-a-vis the United Nations or-
ganization which declared (so far as here
pertinent) ; Hearings on U. N. Charter, op.
cit., p. 306;
"As a result of discussions with a number
of interested delegations, proposals will be
made to clarify in the charter the relation-
ship of regional agencies and collective ar-
rangements to the world organization.
"These proposals will-
"1. Recognize the paramount authority of
the world organization in all enforcement
action.
"2. Recognize that the inherent right of
self-defense, either individual or collective,
remains unimpaired in case the Security
Council does not maintain international
peace and security and an armed attack
against a member state occurs. Any meas-
ures of self-defense shall immediately be
reported to the Security Council and shall
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CONGRESSIONAL RECORD - SENATE September 23, 1965
Article 103 makes clear that the obligations
of the United Nations Charter prevail vis-a-
vis the obligations of the SEATO treaty.
Indeed, article VI of the SEATO expressly
recognizes the supremacy of the United Na-
tions Charter (see see. II, infra), Moreover
the frequent citation by President Johnson
of the pledges given by Presidents Eisen-
hower, Kennedy, and himself to aid South
Vietnam afford no justification for U.S. inter-
vention in Veetnam t* In the first place,
these pledges or commitments do not even
have the status of treaties, for these Presi-
dential pledges have not been ratified by the
Senate'. And even if these Presidential
pledges had Been solemnly ratified by the
Senate, any obligations thereunder must yield
to the obligations imposed under the United
Nations Charter by virtue of the supremacy
clause embodied in article 103. Nor would
the illegality of U.S. intervention in Vietnam
be altered by the circumstance that the
Saigon regime may have invited the United
It is by virtue of the supremacy clause
that the Secretary General of the United
Nations has called the world's attention to
the emasculation of the f 1thority of the
United Nations resulting from actions taken
by regional agencies without reference to the
Security Council.
We believe that any fair study of the
United Nations Charter will affirm the obser-
vations of Prof. Lewis Henkin, of Colum-
bia University, when he speaks "of the law
of the charter":
"So far as it purports to prescribe for the
conduct of nations, it consists, basically, of
one principle: Except in self-defense against
armed attack, members must refrain from the
threat or use of force against other
states * * * the rule of the charter against
unilateral force in international relations is
the essence of any meaningful concept of
law between nations and the foundation on
which rests all other attempts to regulate in-
behavior. It is a rule which all
ternational
States to assume its role in the Vietnam con-
Stet. The supremacy nations have accepted and which all have a
preis y clause in t of the Vietnam can charter common interest essential to law" 16
manifestly prevails and cannot be annulled It appears difficult to escape the canclu-
by mutual agreement of third parties. sion therefore, in the light of the aforesaid,
in no way affect the authority and responsi-
bility of the Council under the charter to
take at any time such action as it may deem
necessary to maintain or restore interna-
; tonal peace and security.
"3. Make more clear that regional agencies
will be looked to as an important way of
settling local disputes by peaceful means."
The first point is already dealt with by
the provision of the Dumbarton Oaks pro-
posals (eh. VIII, sec. C, par. 2) which pro-
vides that no enforcement action will be
taken by regional agencies without the au-
thorization of the Security Council. it is
not proposed to change this language.
The second point will be dealt with.by an
addition to chapter VIII of a new section
substantially as follows:
"Nothing in this chapter impairs the in-
herent right of self-defense, either individ-
ual or collective, in the event that the Secu-
rity Council does not maintain international
peace and security and an armed attack
against a member state occurs. Measures
taken in the exercise of this right shall be
immediately reported to the Security Council
and shall not in any way affect the authority
and responsibility of the Security Council
under this Charter to take at any time such
action as it may deem necessary in order to
maintain or restore international peace and
security."
The third point would be dealt with by
inclusion of a specific reference to regional
agencies or arrangements In chapter VIII,
sec. A, par. 3, describing the methods whereby
parties to a dispute should, first of all, seek
a peaceful solution by means of their own
choice.
The United States delegation believes that
proposals as above outlined if adopted by the
Conference would, with the other relevant
provisions of the projected Charter, make
possible a useful and effective integration of
regional systems of cooperation with the
world system of international security.
This applies with particular significance
to the long established inter-American sys-
tem.
11 President Johnson, in his news confer-
ence of July 28, 1965, declared:
"Moreover, we are in Vietnam to fulfill one
of the most solemn pledges of the American
Nation. Three Presidents-President Eisen-
hower, President Kennedy, and your present
President-over 11 years have committed
themselves and have promised to help de-
fend this small and valiant nation" (Presi-
dential Documents, vol. 1, No. 1, p. 15).
President Eisenhower has stated that his
administration had made no commitment to
South Vietnam "in terms of military support
on programs whatsoever" (the New York
Times, Aug. 18, 1965, p. 1).
that the action of the U.S. Government in
Vietnam contravenes essential provisions of
the United Nations Charter. The U.S. Gov-
ernment has decided for itself to use armed
forces in South Vietnam and to bomb North
Vietnam without authorization of the Secu-
rity Council or the General Assembly of the
United Nations. The failure of the United
States to honor its obligations under the
United Nations Charter is a regrettable but
inescapable conclusion which we as lawyers
have been compelled to reach. We, as law-
yers, urge our President to accept the obli-
gations for international behavior placed
upon us by our signature of the United
Nations Charter.
11--Tu E UNITED STATES IN VIETNAM: THE 1954
GENEVA ACCORDS AND THE SEATO TREATY
Officials of the U.S. Government have
nevertheless asserted, on different occasions,
that the actions of the United States In
Vietnam are consistent with the U.S. duties
and obligations under the United Na-
tions Charter and sanctioned by the
treaty creating the Southeast Asia Trea-
ty Organization (SEATO) ie The conduct
of the U.S. Government has been justi-
fied as support of a legitimate government
defending itself against insurrection from
within and aggression from without. We
have demonstrated above that even if this
latter position were accepted on its face,
unilateral conclusions and actions taken by
the Government of the United States upon
the basis of such conclusions are violative
of the firm obligations under the Unit-
ed Nations Charter. However, we do
not let the matter rest with this assertion,
15 Henkin, in 57 "American Society of In-
ternational Law Proceedings," 1963, supra,
n. 6, a p. 148. See also in further explication
of Professor Henkin's succinct conclusion:
Statements of Hon. Edward R. Stettinius, Jr.,
Secretary of State, the testimony of Senator
Millikin, and the testimony of Mr. Pasvolsky,
Special Assistant to the Secretary of State
for International Organization and Security
Affairs, in hearings on U.N. Charter, Com-
mittee on Foreign Relations, U.S. Senate,
79th Cong., let seas., supra, It. 8, at pp. 34-
147, 210, 95-100 and 304-307; Jessup, "A
Modern Law of Nations" (1947) ; Proclama.
tion of Athens and Declaration of General
Principles for a World Rule of Law, adopted
by the First World Conference on World
Peace Through Law, Athens, Greece, July 6,
1963; Francis T. P. Plimpton, U.S. Repre-
sentative to the United Nations, State De-
partment Bulletin, vol. XLIX, No. 1278, Dec.
23, 1963, pp. 978-979.
11 Geneva Conf. Doe. No, IC/42/Rev. 2, in 1
"American Foreign Policy"; 1950-55 Basic
Documents 750; New York Times, July 24;
1954, p. 4,
but proceed to an examination of the valid-
ity of the claims made by the U.S. Govern-
ment in support of its conduct in Vietnam.
The Geneva agreement, under which the
war between Vietnam and the French was
terminated, effected the division of Vietnam
into north and south, at the 17th parallel.
The said "agreement on the cessation of
hostilities in Vietnam," entered into in
Geneva on July 20, 1954, provided that the
division of Vietnam at the 17th Parallel was
only "a provisional military demarcation
line," on either side of which the opposing
forces could be "regrouped"-"the forces of
the Peoples Army of Vietnam to the north
of the line and the forces of the French
Union to the south" (ch. I, art. 1) ?r
The Geneva agreement makes plain that
the division of the 17th parallel was to be
temporary and a step in the preparation for
a general election to elect a government for
a unified nation. Pending such election,
"civil administration in each regrouping
zone [was to] be in the hands of the party
whose forces are to be regrouped there"
[art. 14(a) ].
The day after the aforesaid cease-fire
agreement was entered into, representatives
of Cambodia, the Democratic Republic of
Vietnam (Vietminh), Laos, France, the Peo-
ples Republic of China, the U.S.S.R., and the
United Kindom affirmed The Final Declara-
tion of the Geneva Conference on the Prob-
lems of Restoring Peace in Indochina, July
21, 1954.16 The declaration emphasized that
the north-south division was solely a means
of ending the military conflict and not the
creation of any political or territorial bound-
ary. Article 6 of the declaration stated:
"The Conference recognizes that the essen-
tial purpose of the agreement relating to
Vietnam is to settle military questions with
a view to ending hostilities and that the
military demarcation line is provisional and
shall not In any way be interpreted as con-
stituting a political or territorial boundary"
This constitutes a recognition of the his-
torical fact that Vietnam is a single nation,
divided into two zones only temporarily for
administrative purposes pending an election.
This being so, the action of the North Viet-
namese in aiding the South Vietnamese, to
the extent that It has taken place, neither
affects the character of the war as a civil
war nor constitutes foreign intervention. It
cannot he considered an armed attack by one
nation on another.
17 It is relevant to note that at the time
this provision was agreed upon, the Viet-
minh occupied all but a few "islands" of ter-
ritory to the north of the 17th parallel as
well as approximately two-thirds of the ter-
ritory south of that line. See map showing
areas of South Vietnam under Vietminh con-
trol at end of May 1953 In Henri Navarre,
"Agonie de L'Indo-Chine" (1953-54) (Paris,
1956) p. 37. Thus, by the cease-fire agree-
ment the Vietminh gave up substantial areas
of territory in what is now called South Viet-
nam.
An article in the New Republic, May 22,
1965, p. 29, by the Honorable Henry W. Edger-
ton, senior circuit judge of the U.S. Court of
Appeals for the District of Columbia, bril-
liantly delineates the provisional character of
the "Government" of South Vietnam and
casts doubt on the juridical claim to the
existence of that government.
16 See "Further Documents Relating to the
Discussion of Indo-China at the Geneva
Conference" June 16-July 21, 1954 (London)
(Her Majesty's Stationery Office, Cmd 9239),
1954 (referred to as "Geneva Accords").
The French-sponsored Bao Dai regime, which
was not endowed as yet with any real politi-
cal substance, did not sign the Geneva ac-
cord; not until 1956 did France relinquish
control over South Vietnam; the Republic of
Vietnam was proclaimed on Oct. 26, 1955,
but French troops were not completely evac-
uated from the country until Nov. 1, 1956.
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The United States is in fact a foreign na- that it is intervening in a civil war. It seeks table at Geneva, agreeing to a settlement
tion vis-a-vis Vietnam; North Vietnam is to justify the bombing of North Vietnam only on condition that reunification elections
not. The latter by the Geneva Agreement by the United States on the basis that North be held. Yet, nowhere in President John-
was to participate in an election not to de- Vietnam Is a foreign aggressor in South son's speech of April 7, 1965, at Johns Hopkins
termine whether North and South Vietnam Vietnam. University is there held out a hope of
should be united, but to select a government Nor is this all. The United States further ultimate reunification of Vietnam. He con-
of the nation of Vietnam, constituting all of pledged "that it will not join in any ar- ditioned the ultimate peace `upon an inde-
Vietnam-north, south, east, and west. It rangement which will hinder" the reunifica- pendent South Vietnam instead'."
was the refusal on the part of the Diem tion of Vietnam, and concluded with the In view of all of the aforesaid, the assump-
regime and the subsequent "governments" hope that: tions and justifications for our governmental
of the south, supported by the United "The agreement will permit Cambodia, policy in Vietnam do not appear to have
States, to participate in such elections that Laos, and Vietnam to play their part, in full support, either in law or In fact. The con-
opened the door to the present conflict. Independence and sovereignty in the peaceful duct of the U.S. Government in Vietnam
It was also stated in the declaration that community of nations, and will enable the appears plainly to violate the terms of the
the clear objective of settling political prob- peoples of the area to determine their own Geneva Accords and to repudiate solemn
lems and unifying the nation was to be by future," pledges to "refrain from the threat or the
means of free general elections. Article 7 No election was ever held pursuant to the use of force" to disturb the Geneva Accords.
of the declaration provided: Geneva Accords, although both the Interna- Moreover, nothing In the provisions of the
"The Conference declares that so far as tional Control Commission (composed of southeast Asian Collective Defense Treaty
Vietnam is concerned, the settlement of India, Poland, and Canada) and the United would appear to justify the conduct of the
political problems effected on the basis of Nations announced readiness to supervise U.S. Government in Vietnam. The SEATO
respect for the principles of independence, such elections. South Vietnam announced Treaty was signed in Manila some 7 weeks
unity and territorial Integrity, shall permit that it did not regard itself obliged to take after the signing of the Geneva Agreement
the Vietnamese people to enjoy the funda- part in the elections because the participa- on the Cessation of Hostilities in Vietnam.
mental freedoms, guaranteed by democratic tion of North Vietnam would render such The SEATO Treaty became effective in
Institutions established as a result of free elections not free, a position apparently sup- February 1955, following the treaty ratifica-
general elections by secret ballot. In order ported by the State Department 22 In 1955, tion by eight member states-the United
to insure that sufficient progress in the following the Geneva Accords, then Prime States, France, Great Britain, Australia, New
restoration of peace has been made, and Minister of State Diem repudiated the Geneva Zealand, Thailand, Pakistan, and the Philip-
that all the necessary conditions obtain for Agreements and refused to hold the elections. pine Islands.
free expression of the national will, national Former President Dwight D. Eisenhower, in By the preamble and by Article I of the
elections shall be held in July 1956, under his Memoirs, suggests a further reason for SEATO Treaty, the parties acceded to the
the supervision of an International Com- Diem's refusal to hold elections pursuant principles and supremacy of the United
mission." 19 to the Geneva Accords: Nations Charter in accordance with article
The reference to "national elections" re- "I have never talked or corresponded with 103 thereof, which it will be recalled, pro-
inforces the evidence of the historical status a person knowledgeable in Indo Chinese af- vides as follows:
of Vietnam as a single nation. To present fairs who did not agree that had elections "In the event of a conflict between the
the picture, as the United States repeatedly been held at the time of the fighting pos- obligations of the members of the United
has done, as though North Vietnam were sibly 80 , percent of the population would Nations under the present Charter and their
an interloper having no organic relationship have voted for the Communist Ho Chi Minh obligations under any other International
to South Vietnam is to ignore both the ap- as their leader rather than Chief of State Bao Agreement, their obligations under the.,
plicable legal principles and treaties and the Dai.23 present Charter shall prevail."
facts of history. The consequences of the repudiation of The supremacy of this provision was ex-
Although the United States participated the Geneva Accords were delineated by Sen- pressly reiterated by the eight SEATO na-
in the discussion leading up to the Geneva ator ERNEST GRUENING in a speech to the tions under article VI of said treaty, In
accords, it did not sign the final declaration. Senate on April 9, 1965: which each solemnly agreed that the SEATO
Instead, the U.S. Government, through its "That civil war began-let me repeat, be- Treaty:
Under Secretary of State
Walte
B
d
ll
,
r
e
e
cause this is crucial to the issue-when the "* * * does not affect the rights and ob-
Smith, made its own unilateral declara- Diem regime-at our urging-refused to ligations of any of the parties under the
tion ? on July 21, 1954. In this declaration, carry out the provision contained in the Charter of the United Nations, or the re-
the United States took note of the Geneva Geneva Agreement of 1954 to hold elections sponsibility of the United Nations for the
agreements and declared. that the United r,,,. nc~ .,s o:e+ - -..._ .. _
of
fo
st
h
e 1 Charter actor ante Geneva agreement. The civil war began The key provisions of the SEATO Treaty
article 2
u of
with (4) the of
and has continued with intensified fury ever are to be found in article IV. Paragraph 1
United Nations dealing with the obligation since * * *. For over 800 years, before its thereof permits the use of force by one or
of members to refrain in their international conquest by France, Vietnam was a united more member states only In the event of
relations from the threat or use of force." country. After defeating the French in "aggression by means of armed attack." But
Referring to free elections in Vietnam, the 1954, the Vietnamese went to the conference where the integrity or inviolability of any
United States declaration stated: - territory covered by the treaty is threat-
"In the case of nations now divided re See, Question No. 7, "Questions and ened "by other than armed attack" or "by
against their will, we shall continue to seek Answers on Vietnam," Department of State any fact or situation which might endanger
to achieve unity through elections super- publication No. 7724, August 1964, p. 8. See the peace of the area," then, paragraph 2 of
vised by the United Nations to insure that also footnote 19, George MeT, Kahin and article IV requires, as a prerequisite to inter-21 ' they are conducted fairly." John W. Lewis, professors of government at vention, that "the parties shall consult im-
Thus the United States recognized the Cornell University, in their article, "The mediately in order to agree on the measures
fact that Vietnam was a single nation. United States in Vietnam," which appeared to be taken. * * *"
Nevertheless the justification of United in the June 1965 issue of the Bulletin of The consent of all eight SEATO nations
States policy today Ignores this admitted Atomic Scientists, note (op. cit. p. 31) : was originally required before any military
fact. The United States persists in its denial "When on July 16, 1955, the Diem govern- action under article IV could be undertaken
ment announced, with American backing, by any of them (New York Times, May 28,
"Note that article 7 stipulates that the that it would defy the provision calling for 1962). Later, this rule was modified so that
elections were to be antecedent to and a national elections, it violated a central con- action could be undertaken if there was no
necessary condition for the "fundamental dition which had made the Geneva Accords dissenting vote-i.e., an abstention would not
freedoms, guaranteed by democratic institu- acceptable to the Vietminh. Regardless of count as a veto (New York Times, April 19,
tions" and that the elections were to be held what sophistry has been employed to demon- 1964). At the last two annual meetings of
"in order to insure * * * that all the neces- strate otherwise, in encouraging this move the Ministerial Council of SEATO, France
sary conditions obtain for free expression the United States departed from the posi- has refused to support a communique pledg-
of the national will." This particular por- tion taken In Its own unilateral declaration. ing SEATO backing for South Vietnam
tion of the Geneva accord has frequently And France in acquiescing abandoned the against the Vietcong (New York Times, April
been quoted out of context, with the key responsibility which she had unequivocally 15-16, 1964; May 3-6, 1965; see also, Los
phrases in reverse order, in order to justify accepted a year earlier." Angeles Times, May 3-4, 1965). It would
the refusal to hold elections on the grounds _ (Citing-Allan B. Cole, ed., "Conflict in appear that with the threat of a French
that the necessary conditions did not exist. Indo-China and International Repercus- veto a formal SEATO commitment in Viet-
E0 See "Extracts From Verbatim Records of sions," a documentary history, 1945-1955 nam has not been sought by the United
Eighth Plenary Session," Geneva Accords. (Ithaca, N.Y.) 1956, pp. 226-228; and Donald States. However, even if there had been
O Nowhere in its own declaration did the Lancaster, "The Emancipation of French unanimity among the SEATO nations, the
United States recognize the political parti- Indo-China" (Oxford, 1961), pp. 370-372. provisions of article 53 of chapter VIII of the
tion of Vietnam; insofar as it referred to the w Dwight D. Eisenhower, "Mandate for United Nations Charter will still prevail:
country, It designated it as "Vietnam," not Change: The White House Years, 1953-1956" "But no enforcement action shall be taken
"South Vietnam", and "North Vietnam." (London, 1963), p. 372. under regional arrangements or by regional
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agencies without the authorization of the rived from Plato. Aristotle, Polybius, Cicero, should massume the responsibility o
Security Council. * * "" Machiavelli, Harrington, Locke, and Monte- making.'
Manifestly, no such authorization has ever squieu?c this constitutional separation of President Franklin Roosevelt also heeded
been conferred, either by the Security Coun- powers was deliberately carried over by the his constitutional responsibilities and was
cil of the United Nations, of by the Gen- Framers into the conduct of foreign affairs. also mindful and sensitive of the consti-
eral Assembly, from which it follows that For, contrary to widely held assumptions, tutional limitations applicable to the-Pres-
Alnerican action in Vietnam clearly cannot the power to make and conduct foreign pol- tdent when, before a joint session of the Con-
be supported by reference to SEATO. icy is not vested exclusively in the President, gress on December 7, 1941, he requested the
So long as the United States remains a but is divided between him and Congress, Congress for a declaration of war following
member of the United Nations, our right to with each endowed with complementary, but Pearl Harbor.
intervene is circumscribed by the provisions separate ss powers and responsibilities.2B The decision to place the responsibility for
of the United Nations Charter. As members Thus, in making and carrying out general declaring war exclusively in Congress as the
of SEATO, our right to intervene is limited, foreign policy, Article II, Section 2 requires direct representative of the people, and not
both by the requirement for unanimity the President to have the "Advice and Con- even to provide for the President's partici-
arnong all of the eight treaty nations and, sent of the Senate, to make Treaties, pro- pation in that decision was a most deliberate
in addition, by the superseding requirement vided two-thirds of the Senators present one by the Framers.
of article 53 of chapter VIII of the United concur." And the President also requires the The Constitutional Convention had been
Nations Charter, prohibiting any enforce- advice and consent of the Senate to "appoint 'urged to rest the power to declare war, the
ment action under a regional arrangement Ambassadors, other public Ministers and "last resort of sovereigns, ultima ratio
without the authority of the Security Coun- Consuls." regum," in the executive, or, alternatively, in
cis. Our justification for acting contrary When statecraft fails and the question be- the Senate. 3 Story, "Commentaries on the
to our solemn obligations under the United comes the ultimate one of war or peace, the Constitution," par. 1166. The arguments
Nations Charter appears tenuous and In- Constitution imposes a tight rein upon the were made that "large bodies necessarily
substantial. The fact of the matter is that President. His participation ends at the move slowly" and "despatch, secresy, and
the U.S. Government has simply acted as its threshold of the decision whether or not to vigor are often indispensable, and always
own judge of its own interests in patent dis- declare war. Under Article I, Section 8, useful towards success." Story, ibid.
regard of the fundamental law embodied in Clause 11, that power is confided exclusively When the issue was debated at the Con-
the United Nations Charter. to the Congress 90 There is no mention of vention, Mr. Gerry stated that he "never ex-
III---CONSTITUTIONAL ASPECTS of UNITED the President in connection with the power petted to hear in a republic a motion toem-
STATES INTERVENTION IN VIETNAM to "declare war." Under the Constitution, power the Executive alone to declare war."
This disregard of the rules of the charter, Congress alone must make this decision. The Mad: son and Gerry "moved to insert 'declare,'
Clause does not read "on recommendation of striking out `make' war; leaving to the Ex-
inherent in U.S. intervention in Vietnam, the President," nor that the "President with ecutive the power to repel sudden attacks."
inter-
is compounded by the fact that such inter- advice and consent of Congress may declare The motion carried. Farrand ed., "Records
vention is also violative of our own Consti- a, r., As former Assistant Secretary of State of the Federal Convention" (New haven,
tution. Whatever doubts may have existed James Grafton Rogers has observed: "The 1911), IT, pp. 318-319.32
prior to the President's "Report to the Nation omission is significant. There was to be no Nowhere in the debates is there support
Following a Review of U.S. Policy in Viet- war unless Congress took the initiative." for the view that the President can wage a
Dam"" (set out at his news conference on Rogers, "World Policing and The Constitu- war or "commit" our Nation to the waging
July 28, 1965), as to whether U.S. action in tiara," p. 21 (Boston, 1945). of a war. "On the contrary, warmaking was
VLetngm constituted the conduct of a war, "Nothing in our Constitution is plainer to be a purely legislative prerogative. The
the President in that report made it ex- than that declaration of war is entrusted
p'licitly clear that "this is really war," noting only to Congress." Youngstown Sheet and ffi President Wilson went on to say:
that "our fighting strength" was being raised Tube Company v. Sawyer, 343 U.S. 679, 642 "With a profound sense of the solemn
from 75,000 to 125,000 "almost immediately" (1952) (Jackson, J.). and even tragical character of the step I am
and that "additional forces will be needed That the President lacks constitutional taking and of the grave responsibilities which
power to make war is underscored by the it involves, but in unhesitating obedience
latnr, the P they will n duct sent as requested."
(apart from the o wit. with historic statement made by President Wood- to what I deem my constitutional duty, I
Can the Constitution President's
our (apart from the obligations row Wilson on the night of April 2, 1917 advise that the Congress declare the recent
imposed sed upon on member states by the United ed when he addressed the Congress in a joint course of the Imperial German Government
Nations Charter) ? session, to be in fact nothing less than war against sys- It is the
f genius our is a of our constitutional
checks h kl and "I have called the Congress into extraordi- the Government and people of the United
tern that oA A dangerous a go concentration oof and nar session because there are serious, very States; that it formally accept the status of
serious, choices of policy to made, and belligerent which has thus been thrust upon
er is avoided by the separation-in A Articcles y
is
e:r
I, II, and III of the Constitution-of the legis- made immediately, which It was s neither right it; and that it take immediate steps not
the country in a more thorough
lativa, executive, and judical powers. The nor constitutionally permissible that I only
state to oYput defense but also s exert all its
doctrine of "separation of powers" is funda- power and employ u its resources toll I bring all
mental to, and is one of the "great structural :-, Cf., Sharp, The Classical American Doc- the Government of the German Empire to
principles of the American constitutional trine of "Separation of Powers", 2 U. of Chi. terms and end the war."
system." 26 The Supreme Court has recently L. Rev. 385 (1935). 82 The Framers concluded and provided
characterized this "separation of powers" as 2s "One of the most striking facts in the "that the power of declaring war is not only
"a bulwark against tyranny." United States institutional philosophic history of the the highest sovereign prerogative; but that
v. Brown,-U.S.-, 33 Law Week 4603 (June United States (is) that the legislative-execu- it is in its own nature and effects so critical
7, 1965). The Supreme Court had earlier tive quarrels during the colonial period con- and calamitous, that it requires the utmost
said: vinced the colonists of the desirability of a deliberation, and the successive review of all
"The power to make the necessary laws is separation of powers rather than a union the councils of the nation. War, in Its best
in Congress; the power to execute in the Pres- of powers." Wright "Consensus and Con- estate, never fails to Impose upon the people
ident. Both powers imply many subordi- tinuity," p. 17 (Boston, 1958). the most burdensome taxes, and personal
nate powers. Each includes all authority "The doctrine of separated powers is Im- sufferings. It is always injurious and some-
essential to its due exercise. But neither can ` plemented by a number of constitutional times subversive of the great commercial,
the President, in war more than in peace, provisions, some of which entrust certain manufacturing, and agricultural interests.
intrude upon the proper authority of Con- jobs exclusively to certain branches, while Nay, it always involves the prosperity, and
gress, nor Congress upon the proper author- others say that a given task Is not to be not infrequently the existence of a nation.
ity of the President." Ex parts Milligan, 4 performed by a given branch." United It is sometimes fatal to public liberty itself,
`Nall 2, 139 (1866). States v. Brown, supra-U.S. at p. -, 33 Law by introducing a spirit of military glory,
Classically stated by Blackstone" and de- Week, at p. 4805. which is ready to follow, wherever a succes-
2B Story, "Commentaries on the Constitu- sive commander will lead; and in a republic,
"Presidential Documents, vol. 1, No. 1 tion" (Boston, 1833), passim, Dahl, "Congress whose institutions are essentially founded
(Aug. 2, 1965), pp. 15-19. See also State De- and Foreign Policy" (New Haven, Conn., on the basis of peace, there is infinite danger
partment bulletin, April 26, 1965, p. 606; 1950) ; Robinson, "Congress and Foreign that war will find it. both imbecile in de-
State Department bulletin, May 24, 1965, pas- Policy-Making: A Study in Legislative In- fense, and eager for contest. Indeed, the
sim; State Department bulletin, May 31, f 90nceand Initiative" (Dl., 1962). history of republics has but too fatally
I966, 838, ,rock, "By Any Other Name, Article I, Section 8, Clause 11 of the Con- proved, that they are too ambitious of mili-
It's Still War," New York Times, , June e 10, slatution reads: Lary fame and conquest, and too eerily de-
1965. - "The Congress shall have the power: voted to the views of demagogs, who flatter
25 Corwin, "The President: Office and ? ? ? ? ? their pride and betray their Interests. It
Powers" (New York, 1957), p. 9. "1. To declare war, grant letters of should therefore be difficult in a republic to
20 Blackstone, "Commentaries on the Law marque and reprisal, and make rules con- declare war; but not to make peace." Story,
of England," 146 (7th ed. 1775). . corning captures on land and water." op. cit., ? 1168.
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 September w?, AA?6e~ved Fort &VW( ~~4 R~ ft~67 000300140014-9 24017
only use of force without a declaration of
war that was contemplated as the debates
clearly show, was "to repel sudden attacks." 31
These constitutional provisions that only
Congress shall have the power to declare war
and that Congress has the sole responsibility
to raise and support the armies, to provide
for a navy, and to impose the taxes to provide
the funds to carry on a war, reflected a pro-
found distrust of executive authority and a
corresponding reliance upon the legislature
at the instrument for the decislonmaking in
this vital area. Bemis, "The Diplomacy of
the American Revolution" (New York, 1935),
pp. 29-35.
These provisions reflected things painfully
learned during the early colonial period,
when every major European war had its
counterpart on the Ameriacn frontiers. The
colonies were therefore determined to end
the imperial authority to decide for them
what wars they should enter and what the
outcome of those wars should be. Savelle,
"The American Balance of Power and the
European Diplomacy 1713-78," in Morris ed.,
"The Era of the American Revolution" (New
York, 1939), pp. 140-169.
The Convention was not only determined
to deny warmaking power to the President,
but was also unwilling to entrust it to the
Senate alone. To assure the fullest consid-
eration, the framers therefore provided that
the House of Representatives, larger and
more representative than the Senate, should
also be brought in to decide this vital ques-
tion. The action and decision of the whole
Congress were therefore constitutionally
made necessary to this fateful undertaking.
"The Constitution says, therefore, in ef-
fect, 'Our country shall not be committed
formally to a trial of force with another na-
tion, our people generally summoned to the
effort and all the legal consequences to peo-
ple, rights and property incurred until the
House, Senate and the President agree."'
Rogers, "World Policing and the Constitu-
tion" (Boston, 1945), p. 35.
Concededly there have been many in-
stances when the President has sent U.S.
Armed Forces abroad without a declaration
of war by Congress89 These have ranged
from engagements between pirates and
American ships on the high seas to the dis-
patch of our Armed Forces to Latin Amer-
ican countries.
These precedents cannot justify the pres-
ent actions without bringing to mind Swift's.
comment on "precedents" in Gulliver's
Travels:
"It is a maxim among these lawyers, that
whatever hath been done before, may legally
be done again; and therefore they take spe-
cial care to record all the decisions formerly
made against common justice and the gen-
eral reason of mankind. These, under the
name of precedents, they produce as author-
ities to justify the most inquitous opinions;
and the judges never fail to directing ac-
cordingly."
Here it is important to distinguish our
country's involvement in the Korean war.
For the United States fought under the
aegis of the United Nations pursuant to a
definitive resolution of the Security Coun-
cil authorizing and directing the employ-
5 Manifestly the residuary power left to the
President-"to repel sudden attack" con-
templated attacks on the country's
geographical territory-not "sudden attacks"
in far-off lands, such as southeast Asia. Of.
Tonkin Bay Joint Resolution of Aug. 6-7,
1964, discussed in section IV, infra.
ei See U.S. Senate Committee on Foreign
Relations and Committee on Armed Services,
hearing, "Situation in Cuba," 87th Gong.,
2d seas., Sept. 17, 1962 (Washington, G.P.O.,
1962), pp. 82-87; Rogers, op. cit., especially
pp. 93-123.
ment of Armed Forces of member states,
so that the United States was thus perform-
ing its solemn obligations undertaken in
becoming a signatory of the United Nations
Charter, a treaty which Is the "Supreme
Law of the Land." But in the Vietnamese
situation, there has been no authorization
by the Security Council; indeed the Secu-
rity Council has not even been seized of the
matter, has not been requested to entertain
jurisdiction of the present conflict.
It is therefore unfortunately vitally neces-
sary, although trite, to recall that "the Gov-
ernment of the United States has been em-
phatically termed a government of laws, and
not of men." Marbury v. Madison, 1 Cr.
137 (1803). Under a government of laws,
the President is not free from the checks
of the Constitution of the United States;
the President is not free to assume the pow-
ers entrusted solely to the Congress. Ours
is not a government of executive suprem-
acy ac
Here it is fitting to recall that on May 6,
1954, at a time when the fall of Dien Bien
Phu was imminent, then Senator Lyndon
Johnson, as Democratic leader of the Senate,
at a Jefferson-Jackson dinner, criticized the
Eisenhower administration in these terms:
"We will insist upon clear explanations of
the policies in which we are asked to co-
operate. We will Insist that we and the
American people be treated as adults-that
we have the facts without sugar coating.
"The function of Congress is not simply
to appropriate money and leave the problem
of national security at that." 86
A New York Times survey (June 14, 1965)
reports widespread "uneasiness" over the
President's foreign policies: that the Amer-
ican academic world "is intellectually and
emotionally alienated from the President, to
whom it gave such strong support in the
election"; that there is "Increasing-and
mutual-hostility between the President and
many segments of the press"; that many
Democratic Members of Congress are "restive
and unhappy * " - over what they regard
as (the President's] high-handed manner
of making and carrying out decisions in
foreign affairs"; that many friendly govern-
ments abroad "are apprehensive about Mr.
Johnson's use of national power"; that
among these views are expressions of "dis-
may," the unreliability of. CIA and FBI
reports which the President accepted, the
lack of clear policy, the disregard of "prin-
ciples, support or advice."
It is therefore imperative that Congress
guard zealously against any executive usur-
pation of its exclusive power to declare, or
to decline to declare war.
President Johnson has not been unmind-
ful of the damaging consequences inherent
in the violation of the separation of powers.
As recently as August 21, 1965 the President
vetoed a $1.7 billion military construction
bill, calling it "repugnant to the Constitu-
tion." In a stern message to Congress, the
President described certain sections of the
bill as clear violations of the "separation of
powers"; warned Congress to stop meddling
in the prerogatives of the executive branch
(New York Times, August 21, 1965, p. 1).
Yet the President has not hesitated to in-
trude upon the exclusive power vested in
Congress to declare war.
w "With all its defects, delays, and incon-
veniences, men have discovered no technique
for long preserving free government except
that the executive be under the law, and
that the law be made by parliamentary de-
liberations," Mr. Justice Jackson, concurring
in Youngstown Sheet and Tube Company v.
Sawyer, supra, 343 U.S. at 655 (1952).
II Jackson, "Role and Problems of Congress
with Reference to Atomic War," May 17, 1954,
publication No. L 54-135, Industrial College
of the Armed Forces.
IV-CONFRE3s HAS NOT DECLARED WAR IN VIET-
NAM; ITS JOINT RESOLUTIONS ARE NEITHER
A SSUBSTITUE FOR A DECLARATION OF WAR NOR
DO THEY MAKE PRESIDENT JOHNSON'S WAR-
MAKING CONSTITUTIONAL
Congress has not declared war in Vietnam
and the President does not claim that any
declaration of war supports his actions in
Vietnam. In fact, the President is reported
to be extremely reluctant to ask Congress
directly to declare war 37 Instead, the Presi-
dent is reported (New York Times, June 19,
1965, p. 10) to believe that authority for his
actions may be inferred or extracted from
the Tonkin Bay Joint Resolution of August
6-7, 1964 (H.J. Res. 1145; Public Law 88-408,
78 Stat., 384, 88th Cong., 2d seas.) and
the Joint Resolution of May 7, 1965 (H.J.
Res. 447; Public Law 89-18; 79 Stat. 109, 89th
Cong., 1st sess.) making a supplemental ap-
propriation to the Defense Department for
the Vietnam operations.
The Tonkin Bay resolution is not a decla-
ration of war. At most, it is an ultimatum-
if that. It "approves and supports the de-
termination of the President, as Commander
in Chief, to take all necessary measures to
repel any armed attack against the forces
of the United States and to prevent further
aggression." It goes on to express the view
that "the maintenance of international
peace and security in southeast Asia 'is vital'
to the national interests of the United
States" and declares the readiness of the
United States to take all necessary steps, in-
cluding the use of armed forces, to assist
any member or protocol SEATO state to de-
fend its freedom. The resolution, however,
provides that all such steps shall be "con-
sonant with the Constitution of the United
States and the Charter of the United Na-
tions and in accordance with its obligations
under the Southeast Asia Collective Defense
Treaty."
It is clear that Congressmen who voted for
the Tonkin Bay Joint Resolution were not
voting a declaration of war in Vietnam. The
resolution does not mention North Vietnam
nor China; indeed it does not even mention
Vietnam. It was "passed in the fever of in-
dignation that followed reported attacks by
North Vietnamese torpedo boats against U.S.
fleet units In Tonkin Bay." CONGRESSIONAL
RECORD, June 9, 1965, p. 12528. There is no
evidence that Congress thought or under-
stood that it was declaring war. It took no
contemporaneous action which would have
implemented a declaration of war. And the
remarks of several Members of the House and
Senate during and since the debate on the
resolution reinforce the conclusion that the
Tonkin Bay Resolution was not regarded as
a declaration of war. Congress manifestly
cannot delegate to the President is exclusive
power to declare war; and even under the
specific terms of the Tonkin Bay Resolution,
the President's actions neither conform nor
are consonant with the Constitution-and,
as we have seen in the earlier analysis, the
President's actions are not consonant with
the Charter of the United Nations, nor with
the SEATO Treaty.
In passing the May 7, 1965, resolution, au-
thorizing a supplemental appropriation for
the Vietnam operations, Congress was con-
fronted with a fait accompli which se-
verely circumscribed its action. Its constitu-
tional check on the will or errors of the
Executive was by the President's message, re-
duced to its power of the purse. Such a cir-
cumscription will not necessarily prevent un-
wise or unpopular decisions or allow for the
exercise of the full discretion which the
Constitution intended Congress to have, and
for it alone to exercise. Nevertheless, a res-
olution authorizing an appropriation does
37 Wall Street Journal, June 17, 1965, "The
U.S. May Become More Candid on Rising
Land-War Involvement," pp. 1, 16.
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 Approved For CONGRESSIONAL RECORD-SENATE 003001 ptember 23,.1965
not constitute a declaration of war, nor can
it constitutionally authorize the President to
wage an undeclared war.
The presidential assumption of powers
vested exclusively in the Congress concern
arrogations of power which convert repub-
lican institutions, framed for the purpose of
guarding and securing the liberties of the
citizen, into a government of executive su-
premacy. If the Constitution has such elas-
tic, evanescent character the provisions for
its amendment are, entirely useless; presi-
dentially-determined expediency would be-
come then the standard of constitutional
construction.
Under the rule of law, compliance with the
forms and procedures of the law are as im-
perative as compliance with the substance of
the law. A lynching is a totally inadequate
substitute for a trial, regardless of the guilt
of the victim. What Mr. Justice Frankfurter
wrote in another context is equally applica-
ble here: "The history of liberty has largely
been the history of observance of proced-
ural safeguards." McNabb v. United States,
318 U.S. 332, 347 (1947).
Under our system, constitutional powers
must be exercised in a constitutional man-
ner by constitutionally established institu-
tions. Disregard of fundamentals in an area
concerning the highest sovereign prerogative
affecting the very lives and fortunes of its
citizens in the interest of a short term ex-
pediency undermines "'constitutional moral-
ity' to such an extent that the maintenance
of the order itself is endangered." Fried-
rich, "The Philosophy of Law in Historical
Perspective," p. 216 (Chicago, 1963).
Finally, It cannot be over emphasized that
even a declaration of war by the Congress
would not negate the violations of our ob-
ligations assumed under the United Nations
Charter or negate the violations of interna-
tional law inherent in United States inter-
vention in Vietnam.
Conclusion.
A learned authority in international af-
fairs has stated:
"Bluntly, all the rules about intervention
are meaningless if every nation can decide
for itself which governments are legitimate
and how to characterize particular limited
conflict. Unless we are prepared to continue
a situation in which the legality of inter-
vention will often depend upon which side
of the fence you are on, and in which, there-
fore, our policy becomes one of countering
force with force, we must be willing to refer
questions of recognition (i.e., legitimacy of
the government involved) and characteri-
:ation of a disorder (i.e., whether an armed
attack from abroad or a civil war) to some
authority other than ourselves. The United
Nations is the most likely candidate for the
role." '
The United States has not observed the
letter or spirit of its treaty obligations with
respect to the action taken in Vietnam.
Word order and peace depend on the will-
ingness of nations to respect international
law and the rights of other nations. The
United Nations is a symbol of the rejection
of fatal policies which led to World War II,
and an acceptance by the peoples of the
world of the principles of collective security,
and the avoidance of war and the use of
armed forces in the settlement of differences
between nations, The United Nations was
intended to insure the preservation of Inter-
national peace, security, and justice, through
rules of law, binding upon all member na-
tions. The fundamental condition for the
effective functioning of the United Nations
is the observance on the part of all signatory
nations of the obligations assumed under
the charter. Only in this way can the awe-
some potential of a third world war be
prevented.
We have concluded that the U.S. Govern-
ment is in violation of its treaty obligations
render the U.N. Charter. We urge upon the
Government that all ste- be immediately
taken to undo this illegality by an immedi-
ate return to an observance of the letter and
spirit of the provisions of the U.N. Charter.
This is a solemn hour in history. We have
a moral obligation to history to return to the
high purposes and principles of the United
Nations-to honor the pledges we solemnly
assumed-to settle international disputes by
peaceful means--to refrain in international
relations from the threat or use of force.
Roger Fisher, professor of law at Har-
vard University, "Intervention: Three Prob-
lems of Policy and Law" found in Essays on
intervention, a publication of the Marshon
Center for Education in National Security,
Ohio State University Press, pp. 19-20.
At this fateful hour, we do well to recall
the prophetic dream of President Franklin
D. Roosevelt, the architect of the United Na-
tions, who upon his return from the Yalta
Conference in his last address to the Con-
gress in March 1945, said:
"The Crimea Conference * * * ought to
spell the end of the system of unilateral
action, the exclusive alliances, the spheres
of influence, the balances of power, and all
the other expedients that have been tried for
centuries-and have always failed. We pro-
pose to substitute for all these, a universal
organization in which all peace-loving na-
tions will finally have a chance to join."
Should we not, 20 years after President
Roosevelt's hopeful dream--20 years after
the advent of the nuclear age with the awe-
some potentiality of incineration of our
planet and the annihiliation of our civiliza-
tion and the culture of milleni.a-should we
not "spell the end of the system of unilateral
action * * * that has been tried for cen-
turies-and has always failed"?
RECESS UNTIL 11 A.M. TOMORROW
Mr. MORSE. Mr. President, if there
is no further business to come before the
Senate, I move, pursuant to the order
previously entered, that the Senate stand
in recess until 11 o'clock a.m. tomorrow.
The motion was agreed to; and (at 7
o'clock and 16 minutes p.m.) the Senate
took a recess, under the order previously
entered, until tomorrow, Friday, Sep-
tember 24, 1965, at 11 o'clock a.m.
NOMINATIONS
Executive nominations received by the
Senate September 23 (legislative day of
September 20), 1965:
U.S. ATTORNEY
Thomas L. Robinson, of Tennessee, to be
U.S. attorney for the western district of Ten-
nessee for the term of 4 years. (Reappoint-
ment.)
Merle M. McCurdy, of Ohio, to be U.S. at-
torney for the northern district of Ohio for
the term of 4 years. (Reappointment.)
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 24004 Approved Fora ?J kV 6 67RRRJf 000300VP_ember 23, 1965
Scholarship Service that will be widely
used by the colleges and universities in
considering applications for scholarships
and other financial aid. You will note
that a man with a gross income of $6,000
with a wife and one child in college and
;io other dependents, is expected to con-
tribute $790 a year from his income be-
fore his child is entitled to scholarship
assistance. When you consider that such
a person earning $6,000, taking the
standard deduction, pays an income tax
of $552, leaving only $5,448, you can ima-
gine the burden on such a person.
The same person earning $8,000 has a
net income of $7,114, out of which he is
expected to pay $1,290 toward college
expenses.
I am sure that an examination of this
table will show most graphically, the
average American family's real need for
relief from the tremendous burden of
growing college expenses. Sixty-two
percent of the benefits under S. 12 goes
to families earning between $3,000 and
$10,000.
I ask unanimous consent that this arti-
cle be inserted in the RECORD at this
point.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
WASHINGTON, D.C-How much can a
family afford to spend on a child's college
education, in relation to income and other
dependent children still living at home? You
get an idea from a new set of estimates
that will be widely used by colleges in con-
sidering applications for scholarships and
other financial aid.
SPENDING ON COLLEGE
The estimates are those of the College
Scholarship Service. The CSS assists many
major universities and colleges in determin-
ing which students are entitled to first call
on available financial help. The following
table shows amounts that families are ex-
pected to contribute annually from current
income if they have only one child in college:
Income before
Number of other dependent
children in family-
taxes
$4,000-------------
$290
$100
-
N-------------
790
550
$350
$220
$130
1,290
980
740
570
440
$10,000------------
1,860
1, 490
1,150
920
750
$12,000------------
2,460
2,060
1, 650
1,370
1
130
$14,000------------
3, 200
2,680
2, 220
1,890
,
1
690
$16,000---------
3,070
3360
2,850
2,470
,
2,130
OTHER FACTORS
The table is used only as a general guide,
and each college has its own set of rules, Ad-
justments are made for other factors; such
as a student's summer earnings, family sav-
ings, or other assets, more than one child in
college at the same time, or unusual medical
expenses.
GUIDE
A new guide by the College Scholarship
Service on budgeting for college costs, and
ways of financing them, will be available free
within a week or two from public and pri-
vate high schools throughout the Nation.
Ask for: "A Letter to Parents: Financial Aid
for College."
TRIBUTE TO EUGENE M. ZUCKERT,
ON HIS RETIREMENT AS SECRE-
TARY OF THE AIR FORCE
Mr. McNAMARA. Mr. President, at
the end of this month, Eugene Zuckert
will retire as Secretary of the Air Force.
For more than 41/2 years, Secretary
Zuckert has guided the Air Force and has
contributed much to making it a power-
ful arm of our military strength.
I have not had the good fortune to
work with Secretary Zuckert on legisla-
tion, as I am not a member of any com-
mittee dealing with defense matters.
However, there have been frequent op-
portunities to contact his office on mat-
ters involving the Air Force in my State,
and I have always found Secretary
Zuckert helpful and cooperative.
I am pleased to join his many friends
in Congress and the Defense Department
in thanking him for his service, and
wishing him every good fortune in the
future.
SALUTE TO THE REPUBLIC OF MALI
Mr. HARTKE. Mr. President, I wish
to offer my compliments and best wishes
to the Republic of Mall as it celebrates
the fifth anniversary of its founding and
independence.
Mali, however, is hardly a "new na-
tion," for its people have a long and rich
history. Indeed, the Republic takes its
name from the old Kingdom of Mali
which reached its height in the 14th and
15th centuries, before the discovery of
America.
Today under the leadership of Presi-
dent Keita, Mall as a sovereign state
exercises her rights and responsibilities
in the international community, com-
mitted to a positive policy of nonaline-
ment and an active participation in
African regional affairs. In October
1963, for example, President Keita hosted
a meeting of Moroccan and Algerian
leaders which led to a cease-fire agree-
ment in the border conflict between the
two countries. Such constructive efforts
in foreign relations can only receive ap-
plause from those dedicated to a peace-
ful world community.
It is my sincere wish that our two
nations may enjoy friendly relations
based upon mutual respect. I know that
many Americans share this wish and
join with me in saluting the people of
Mali as they celebrate the anniversary
of their Republic.
WHY VIETNAM?
a.m., daybreak on the first day of
September 1939, German armies poured
in mass across the Polish frontier and
moved toward Warsaw. That is the date
upon which history records as the
beginning of the calamity of World War
II. The war soon established a record of
man's inhumanity against himself; it
lasted 6 years and killed over 6 million
men, women, and children.
But it is a mistake to remember
September 1 as the beginning of the war,
for the movement of events which be-
gan as dawn broke on the low-hanging
clouds of that gray and sultry day had
been set in motion several years before.
The events which decide what men will
later call fate, because of the fact they
are irrevocable once set in motion, had
long since taken place. The decisions
had been made. All that remained to
be done on that September 1 was to play
out the tragedy, the inevitability of
which had already been determined. It
began, perhaps, on March 7, 1936, again
at dawn, when a small force, no more
than three battalions, crossed a river
and entered the demilitarized zone of the
Rhineland. The German troops engaged
in this maneuver were under orders to
retreat across the Rhine if they met any
resistance whatsoever. They met none.
General Gamelin, of the French High
Command, it is reported, "advised that
a war operation, however, limited, en-
tailed unpredictable risks and could not
be undertaken without decreeing a gen-
eral mobilization." And when the
French Foreign Minister flew to London
to beg the British Government to support
a military counterattack in the Rhine-
land, his pleas were ignored. As the
British Foreign Secretary told the House
of Commons :
Occupation of the Rhineland by the
Reichswehr deals a heavy blow to the prin-
ciple of the sanctity of treaties. Fortunately,
we have no reason to suppose that Germany's
present action threatens hostilities.
Two years later came the anschluss,
the so-called rape of Austria; then the
Munich agreement wherein the Western
Powers. surrendered Czechoslovakia to
the Fuehrer in return for his promise
that it was to be his last territorial de-
mand in Europe.
At any of these points, although with
increasing difficulty at each one, I think
most historians would agree the Western
Powers could have stopped Germany by
the use of readily available force. The
failure to respond to each aggression
when it came, insured that there would
be further aggression, and that the price,
when ultimately paid, would be high.
Yet the actions of well-meaning lead-
ers which we see as so clearly mistaken
today, surely must have seemed to many
at the time as the course of patience
and of reasonable accommodation with
a man who might have taken what he
was given and been satisfied.
The meaning of all this, when related
to the present situation in Asia, is of
great significance and has been re-
marked upon before. The lesson, I be-
lieve, constitutes the essential reason for
our presence in Vietnam. In the debate
on Vietnam we have heard that this
small country is not within our sphere
of vital interests, strategically or mili-
tarily. We also hear that the Vietna-
mese people themselves would rather we
were gone and would prefer to be ruled
by their northern comrades than to suf-
fer a continuation of the brutal civil war
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September 23, 1965 CbNGRESSIONAL RECORD'- SENATE
programs. These programs Would, among
other things, be designed to help universities
run courses that would assist communities
in solving some of their problems In-housing,
poverty, government, transportation, recre-
ation, employment, and providing youth op-
portunities. Money would be 'spent In mak-
ing grants and contracts to aid colleges and
to develop more effective methods of teaching
these areas, particularly in their continuing
adult education extension programs.
With continued support of its program in
continuing education this university can be-
come a living testimonial to the truth that
learning need never gtop-that the commit-
ment of the academic commuhtty is to see to
it that there should be opportunities for edu-
cation always. Because of its ideal location.
American University could well become a
model institution for continuing education
in the Nation.
(EDrros's NOTE:-Senator ROBERT C. BYRD,
Democrat, of West Virginia, addressed the
Alumni Day luncheon on campus in May, and
the preceding article is a summation of his
remarks.
(Senator BYRD, who received his law degree
cum laude from American University in 1963,
was elected to the Senate In 1958. He has
held more elective legislative offices than any
other West Virginian In the-State's history,
serving first In the West Virginia House of
Delegates, then in the West Virginia Senate.
He became a U.S. Representative in 1952 and
is currently serving his second term as U.S.
Senator.
(While rising in the legislative ranks, BYRD
has maintained another career-that of a
student.
(Twenty-nine years after the 16-year-old
Stotesbury boy picked up his valedictorian's
diploma, he won his law degree. The years
in between tell the usual story of marriage,
family, and job promotions, but with en
added dimension. The young man kept go-
ing to school. Apparently, each time he won
new elective office he enrolled in another
institution:
(Legislator BYRD studied at West Virginia's
Beckley Junior, Morris Harvey, and Concord
Colleges and Marshall University: Congress-
man BYRD went to George Washington Uni-
versity and Senator BYRD went to American
University.)
SEEK OUT TO SAVE
Mr. BREWSTER. Mr. President, the
Baltimore Sun carried an editorial yes-
terday praising President Johnson's new
doctrine of conservation.
The praise is well deserved, because
the President has demonstrated his keen
interest in conservation matters.
As the Sun points out, the President
has correctly stated the problem that ex-
ists and he has clearly outlined his pro-
gram-"to seek out what can be saved."
I was privileged to hear the President's
remarks to which the editorial refers I,
too, was impressed by his total dedica-
tion to the ideals of conservation and his
awareness of the need for adequate rec-
reation areas.
There can be no doubt that in a coun-
try where our urban growth consumes
millions of acres of farms and forests
annually we have little time to lose If we
are to preserve green open spaces and
park lands for the future.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD this
editorial entitled "Seek Out To Save"
praising President Johnson's conserva-
tion policy.
No. 176--12
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
SEEK OUT To SAvE
The process of acquiring some land Is still
to be gone through, and certain development
plans, including a strictly limited private
development, will take time, but with a
presidential signature yesterday Assateague
Island is saved. Its saving is important not
only to this State and this densely peopled
region-it was the only remaining unde-
veloped stretch of seashore between Massa-
chusetts and North Carolina-but Is signifi-
cant also for the country, as an omen.
"We are declaring a new doctrine of con-
servation," Mr. Johnson said at the signing
ceremonies. "I intend to seek out what can
be saved."
Rarely can a national policy be stated so
well and so fully in so few words. That is"
what the policy must be: not to try to turn
the whole United States into a vast recre-
ation area, which would be impossible, and
not even necessarily to preserve everything
that could be called by stretching the imagi-
nation a "natural scenic wonder," but to
seek out selectively the unique places which
simply must be saved, lest we become his-
tory's most affluent junkpile.
Such a unique place is Aasateague, and the
struggle to save it has been so long, and has
drown so much attention, that its clean
winds today can reasonably be said to blow
over the country.
CRITICISM OF USE OF FUNDS BY
JOB CORPS
Mr. WILLIAMS of Delaware. Mr.
President, it appears that the Job Corps
has taken on a new responsibility. On
September 16 and 18, 1965, the Missou-
lian-Sentinel published articles calling
attention to the fact that the Job Corps
had advanced the money for a $2,500
bond and employed an attorney to de-
fend Manuel Martinez, one of its trainees,
who had been charged with assault in-
volving the shooting of a woman in a
South Billings barroom and later firing
at a Billings policeman.
The articles criticize the Job Corps for
advancing the $2,500 bond plus attorney
fees to defend this individual as com-
pared with the treatment which would
have been extended to a member of the
Armed Forces under similar circum-
stances.
This is another example of the con-
tempt which the officials of the Great
Society have for the taxpayers when we
find them using taxpayers' money for
any such unauthorized purposes.
I ask unanimous consent that both of
the articles published in the Missoulian-
Sentinel by printed in the RECORD.
There being no objection, the articles
were ordered to be printed in the RECORD,
as follows:
[From the Missoulian, Sept. 16, 1965]
ATTORNEY QUESTIONS BOND F'OR JOB CORPS
TRAINEES
BILLINCs.-Yellowstone County Attorney
John Adams charged Wednesday that bonds
posted by the Federal Government for Job
Corps trainees constituted a "questionable
precedent" of granting a special privilege
to a select group.
Adams was commenting on a $2,500 bond
posted by the Job Corps for Manuel Martinez,
18, a trainee charged with first- and second-
degree assault in district court here. "The
attorney's fee (which the corps is also pay-
ing) isn't an issue," Adams said.
"Montana will appoint a paid lawyer for
any man charged with a felony," he said.
Adams said the posting of a bond for any
man by the Government, State or Federal, is
something completely new in his judicial
experience. "I recognize that Washington
is the great white father," Adams said, "But
I didn't realize that its responsibilities to its
children went this far.
"It's an extension of a privilege to members
of a group which to my knowledge is not
extended to any other group of people under
the patronage of Washington," Adams said.
The county attorney said it made no dif-
ference to him as the prosecutor who posted
the bond, but he said he privately thinks
that the action constitutes a misuse of tax
dollars.
Police Chief John Bevens feels the same
way. "I'm stumped," he said when asked
to comment on the bond. "It came as a
surprise to me," said Beven, who wondered
why the same courtesy isn't accorded a mem-
ber of the Armed Forces. "Nobody bails out
a soldier who's been charged with fighting in
a bar," the chief said.
District Judge Guy C. Derry declined com-
ment on the action because he felt it im-
proper for a judge to do so, but Derry did
say that he understood the Job Corps has
asked Lawyer Arnold Berger not only to de-
fend Martinez, but to appeal if necessary.
[From the Missoulian-Sentinel,
Sept. 18, 19651
JOB CORPS OFFICIALS DEFEND BOND POSTING
BILLINGS.-Federal posting of bond and
paying attorney fees for a Billings member of
the Federal Job Corps accused of assault is
defended by antipoverty officials here.
They say the Job Corps is obligated to pro-
tect the rights of corpsmen.
The Job Corps sent $2,500 bond to release
Manuel Martinez, 19, charged with the first-
degree assault. He was accused of shooting a
woman In a southside Billings bar and firing
at Billings policeman Robert Pace 2 weeks
ago.
Robert Furman, youth center director in
Billings, said it is correct for the Job Corps
to provide legal service for Martinez. The
volunteers are sworn in much like military
personnel, he said.
But Furman said he has seen no regulations
which specifically state the Job Corps can
post a freedom bond.
Yellowstone County's Community Action
Director Carl Taute believes publicity given
the Martinez case Is wrong. He said the Job
Corps is doing no more than the military
would do for its members.
Clarence Nybo, Montana unemployment
office manager for the Billings area, said the
Martinez incident is not the first for the
Job Corps.
Nybo said it is a question of protecting an
individual's rights.
"They don't do that in the military serv-
ice," he said about posting bond.
County Attorney John Adams called it a
precedent. He said he didn't think responsi-
bility for Job Corps youths should include
posting bond.
Some believed it is a misuse of tax dollars.
TAN CREDIT FOR COLLEGE
EXPENSES
Mr. RIBICOFF. Mr. President, the
basic need for S. 12, providing tax credits
for college expenses, receives added em-
phasis by the September 20, 1965, issue
of U.S. News & World Report. That issue
contains the estimates of the College
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September r ro d For Re eme-M M 4
L
which they have suffered under for as tion to bring our military strength into
long as most of them can remember. account there.
"Of course, we must stop the Commu- If we had not focused attention on
nists," we are told, "but why in Vietnam? Vietnam, by furnishing money and ad-
The location puts us at a severe military visers, it is possible no great importance
disadvantage, the chance of real success would have attached to an unopposed
is slim, and even if we are successful, Communist takeover. But we were in
geographical realities makes eventual opposition and to have left when faced
Chinese domination inevitable." Some with a fight would have revealed a lack
of these things, perhaps, are true. When
one fights a war, it is generally in the
wrong place and at an inconvenient time,
and the people who live on the battle-
grounds understandably grow weary of
hunger, blood and death. As far as being
strategically or militarily important, my
own judgment would be that Vietnam is
neither of these things to us, and defined
in these terms, is clearly not within our
sphere of vital national interests. As to
the other argument, that even if we
achieve some kind of military and poli-
tical stability there, China is so near
that eventual Chinese Communist domi-
nation is certain, I would not agree, and
I doubt whether those who make this ar-
gument would be as willing to say that
Cuba will one day be a democracy as
well.
If there has been a mistake in Vietnam,
and I am not yet willing to admit that
there has been a mistake, it was made at
the beginning; at the point when the
number of Americans and the extent of
our financial and other involvement
made it appear that the United States
had decided a serious effort would be
made to keep the country from falling
under Communist control. I say this
because one can reach that point with-
out having made the decision of a full
commitment. Nevertheless, if the
enemy then engages you and an issue is
made, you will never have the oppor-
tunity to decide on a full commitment;
you are committed in the eyes of the
world, and you only decide whether to
fight and stand by that commitment or
to back down. That is what happened in
Vietnam. The decision was made that a
serious effort would be expended to keep
the country independent. At that point
we placed ourselves at the whim of de-
velopments, and when the issue was
made, we had no choice, except to fight
to an acceptable solution, or to back
down. The decision to make a substan-
tial effort in the first place was where
the error, if any, was made. We could
have ignored Vietnam from the begin-
ning. We could have avoided sending
money and "advisers" and have let the
country's future be determined by other
forces, which would have been commu-
nistic, of course. We could have rdnnt'
what we did in Tibet, and when that The trouble with this war, as with the dollar assets by foreigners.f These assts
country was invaded in one of the most war in Korea, is that it is an abstract war have been acquired in part by private
arrogantly criminal international acts for the men who fight it and for their individuals and business abroad and in
since the Second World War, we could families when they the in it. How dif- part by foreign governments and cen-
have protested and forgotten about it. ficult it must be to leave a country tral banks. To some degree their in-
Tibet, my almanac says, is seven times nine-tenths at peace, and go to a hot and crease represented the accumulation of
larger than South Vietnam, but the first uncomfortable land where death is al- essential working balances and liquidity
decision was never made there, the de- ways waiting. How does a soldier feel reserves. At times, however, foreign dol-
cision to support a substantial effort to who must fight, and die perhaps, in a war lar holdings have moved into the hands
protect the country's independence. like that, a war that most of his neigh- of central banks and governments, which
Consequently, when that independence bors and countrymen need not fight in or have chosen to convert them into gold.
was attacked and destroyed, we were free even think about? How does a man feel In 1965, these conversions have been
to let it happen or to fight. Vietnam, to be the one called upon to give that "last particularly large, and the U.S. gold stock
of course, is different from Tibet in many full measure of devotion" when the Na- declined by $1.5 billion in the first 7
ways, and we are in a far better posi- tion's safety seems secure and the mean- months of this year.
of reliability to our allies and a lack of
determination to our enemies. The
point is this: We are not in Vietnam be-
cause of the territory. We are there
for two other reasons: The first is because
we were committed; the second, because
if we did not fight there, we would have
to fight elsewhere. Vietnam is not a
war over land or strategic position. It is
a war of will, a test of the character of
the American Nation, and it does not
matter that we may think the outcome
is not important, for our adversary does,
and so do other nations hesitant to com-
mit themselves.
The reaction of England and France to
the Rhineland led to Austria; their re-
action to Austria, to the Sudetenland;
their reaction to the Sudetenland to the
takeover of the rest of Czechoslovakia
and to World War II.
As Churchill spoke to the American
people on October 16, 1938, after Munich,
the totalitarian leader, whether Commu-
nist or Fascist-"must seek, from time to
time, and always at shorter intervals, a
new target, a new prize, a new victim.
He can go forward; he cannot go back.
He must blood his hounds and show them
sport, or else, like Actaeon of old, be de-
voured by them."
Vietnam, perhaps India; and there will
be others, until the who live by force
come to understand that force no longer
works-or until they are destroyed. The
willpower of a nation, just as the will-
power of a man is the measure of its
strength. There is no rest and there will
be no rest, no time when we may rest
secure as long as there are powerful na-
tions whose policies are opposed to ours.
We do not like war, but it appears that
force and war is the only argument our
opponents comprehend. Consider the
admitted political philosophy of the
Chinese leaders who have written that,
"political power comes out of the barrel
ing of the war is buried even deeper in in-
comprehensibles than the meaning of war
usually is? But the complaints are not
coming from the men who are called upon
to carry these burdens.
It seems to me the time has come for an
end to the debate on Vietnam, and the
time has certainly come for us to accept a
responsibility which is now ours and
which we could not with integrity or with
safety avoid. We are at war and we
have no choice except to win it.
Abraham Lincoln said of another war,
the meaning and outcome of which had
at the time he said it become to many
Americans uncertain, that it was a war
which tested whether this Nation or any
nation conceived in liberty could long
endure. The war we are presently en-
gaged in is as great a test of that ques-
tion as was the war that Lincoln spoke
of. Our determination to fight and our
will to prevail are in the long view as
necessary to the survival of this Nation
and its ideals as they were a century ago.
There were many who said then that
the war was not worth the price, there
were grumblings and even riots against
the draft, and there were those who de-
sired peace on any terms.
Freemen have always had to fight to
remain free, and there have always been
those who saw freemen as their greatest
enemy. if this Nation is to fulfill its
promise, if it is to confirm its destiny
of bringing a greater opportunity toward
the fulfillment of men everywhere, we
must stand ready for this and every other
test. The war in Korea and in Vietnam
are the alternatives which tyranny has
found in an age where total confronta-
tion means total annihilation. But they
are just as much a test of our will to
remain free as total war was before. We
must meet that test, for if the United
States should ever lose its ability to
bring to bear upon the play of world
events the determination of men to be
free, the force of modern totalitarianism
would have it within its power to plunge
mankind in a dark age of so great a depth
that centuries need pass before the
spirit of man could free itself again.
of a gun." Consider the concepts of a U.S. BALANCE OF PAYMENTS AND
government of laws, self-determination, THE DOLLAR
and the dignity of the individual as they Mr. MUSKIE. Mr. President, one of
relate to such a philosophy. the most important problems facing this
If we do not fight this war, there will country during the past year has been
be another, and if we do not fight that the continuing large deficit in our
one, there will come a time when there is balance of international payments. This
no choice; and the price will be increased deficit in other recent years has been
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 24006 Approved FoCONGM~SSI ggil R8 P677RA 80003000#$PMb9er 23, 1965
Such a depletion of our gold reserves, This is fair enough-6 years in American "Because accumulations held for trans-
following a loss of about $7 billion in the politics has convinced me that criticism and actions purposes could be readily invested
preceding 7 years, cannot continue in- debate can be especially helpful in forma- in liquid form. at reasonable rates of return;
definitely without endangering the posi- sating our national financial policies. But "Because foreign transactions form so
I am concerned that this debate sometimes small a part of the vast U.S. markets that
tion of the U.S. dollar as the most im- gets off the rails because the subject matter foreign holders have little reason to fear
portant and useful instrument of inter- is novel and complex. that their operations would become con-
national exchange and monetary re- I would suppose that nearly every man spicuous or subject to interference; and
serves for the entire world. The in- arid woman in this room has had some aca- "Because the dollar had an established
creased foreign claims on dollars have demic background in economics. I would tradition--honored through various periods
developed from the deficit in our inter- suppose that most of us can carry on a good of stress--of maintaining open markets free
of payments. Last reasonable argument on monetary policy of the dictation and the intrusions eharac-
national balance and on fiscal policy. But I wonder how teristic of exchange control;
February the President inaugurated a many are fully grounded in the concepts of "And lastly a purely technical reason.
program, based largely on voluntary ac- the international financial mechanism that There are 102 members of the IMF. If finan-
tions by American businesses, financial has largely developed since World War II? vial transactions were denominated in. the
organizations, and individuals to reduce I would venture that most of us could currencies of every nation, a little simple
the outflow of dollars. discourse reasonably on the old gold standard arithmetic will show that you would raise
To probe the causes of the continuing that we were taught in college. But how the 102 currencies to the second power or a
many understand the workings of the In- figure of 10,404 to arrive at the different
deficit and appraise possible measures ternational Monetary Fund, the concepts of methods in which a transaction could be
for correcting it, the Subcommittee on liquidity and the role of the dollar in inter- accounted for. To avoid this chaotic sit-
International Finance of the Senate national finance? I would suggest to you uation, when a businessman in country A
Committee on Banking and Currency has that these subjects are not academic curl- sells to a customer in country B the trans-
conducted a series of hearings in the osities. They are on the contrary issues that action usually will work like this: The
course of this session of the Congress. have an intensely practical application to customer in country B buys dollars; with
your businesses and to the role this Nation the dollars he buys the national currency
The results of these hearings, together will play in the world. of country A and uses these funds to pay the
with other background material on the Therefore, my address today can be con- seller." ,
subject of the balance of payments have sidered more as a paper on fundamentals This is why we sometimes refer to the role
been published by the committee in two rather than a statement of policy. Spe- of the dollar as a vehicle currency. It is a
volumes. cifically, I will discuss the role of the dollar crucial role and it acquired this role for the
in the world today, the problem of our bal- reasons I have listed above. Like its role as a
mmary An excellent stl of this meas- ance of payments, its relationship to world domestic or national currency, the need for
tion, an appraisal of of the the results of meas liqudity, the administration's approach to dollars as a vehicle currency increases as
ures adopted to correct it, and an astute e these matters, and where we stand today. world trade and financial transactions in-
analysis of the world monetary situation As this address is designed more for in- crease.
and of some of the problems that lie formation than for policy, I shall be de- To summarize, the dollar is available, it is
ahead have recently been set forth in a lighted to answer any questions that may safe, and it is enormously convenient to have
speech by the Honorable Joseph W. Barr, occur to you at the conclusion of my formal one or (or if one includes the British pound
before remarks. and French franc) two or three currencies
Under Secretary the Treasury, that many countries can use, in an infinite
a meetinng g of of the National Association of THE ROLE OF THE DOLLAR variety of bilateral trade transactions, as a
Manufacturers at Hot Springs, Va. Mr. When we discuss the American dollar, I kind of common denominator.
Barr points out that although there has think it is important to bear in mind that
the dollar serves three roles: as a national THE DOLLAR AS A RESERVE. CURRENCY
been a remarkable reduction in our pay- currency, as a key (sometimes referred to The dollar's third role-that of a reserve
ments deficit since early this year, this as a vehicle) currency, and as a reserve currency-has developed for many of the
accomplishment has been in part the currency. same reasons that have made it a vehicle
result of special factors and cannot be THE DOLLAR AS A NATIONAL CURRENCY currency.
used as a basis for relaxing efforts By a reserve currency we mean that dollars
The first role, as a national currency, Is I are held by governments and central banks as
to maintain a more sustainable state think obvious to everyone. The dollar in a highly liquid and dependable asset that
of equilibrium in our international this historic role is our domestic medium of they can use along with gold to carry them
accounts. exchange, designed to meet the needs of our over times of temporary imbalance-precisely
I ask unanimous consent to have domestic financial transactions. Also, the way you, as businessmen, keep reserves
printed in the RECORD at this point Sec- think most people understand that our do- for contingencies. But there is an important
retary Barr's speech. enestic money supply must grow over the distinction between the role of the dollar as
years as our economy grows. There is some a vehicle currency and its role as a reserve
There being no objection, the speech limit on how many times a year you can use currency. I have mentioned that probably
was ordered to be printed in the RECORD, a dollar for different transactions, and as the the principal factor in the dollars role as a
as follows: economy grows and transactions increase vehicle currency is convenience. I believe
REMARKS BY THE HON. JOSEPH W. BARR, UNDER there is an obvious need for more dollars to that the principal factor in the dollar's role
SECRETARY OF THE TREASURY, BEFORE THE keep things moving. as a reserve currency is confidence--confl-
NATIONAL ASSOCIATION OF MANUFACTURERS, There is not such a clear understanding, dence in the ability to use it quickly and at
AT THE HOMESTEAD, HOT SPRINGS, VA., TUBS- however, of the second and third roles, and an assured price. These are approximately
DAY, SEPTEMBER 21, 1965 discussions of our balance of payments and the criteria most businessmen use in acquir-
Time was when international finance was world liquidity sometimes confuse the two, ing and holding assets as contingent reserves.
a subject confined for the most part to the THE DOLLAR AS A VEHICLE CURRENCY Those who hold the dollar as a reserve cur-
officials of the larger banks, central banks, We speak of the dollar as a vehicle cur- rency, central banks and treasuries, do so in
and the Treasury. Not many people outside rency, we refer to its use in financing inter- the knowledge that these dollars are freely
this small group understood or cared much national trade and payments. The dollar convertible into gold at the fixed price of
about it. Not so today. ,It is one of the hot- in this capacity is held by private banks, $35 an ounce. The fact that we have not
test topics going. It seems as though every businesses, and individuals throughout the varied from this policy and this fixed price
publication has something to say at one world as a medium of exchange for their in- for over 30 years plus the fact that we are the
time or another about our balance of pay- ternational transactions; they use it just only country which stands ready to exchange
ments, gold losses, and international liquid- as they use their own currencies for their gold for holdings of its currency has made the
ity. domestic transactions. dollar second only to gold as an international
This is a mixed blessing to us in the Treas- Dollars held for this purpose-what we call reserve asset.
ury. On the one hand, a widespread inter- private foreign dollar holdings-amount to Foreign monetary authorities hold about
est among the public in this important na- over $11 billion. $14 billion in their reserves. These dollars
tional problem is an encouraging sign of an How did it come about that the dollar are used to finance their balance-of-pay-
alert citizenry and ultimately it will be those should serve this role more than any other ments deficits and surpluses and as a.
outside the Government who will be respon- currency? Robert Roosa puts it succinctly cushion for the future.
sible for the solution to our balance-of-pay- in his new book: While these two international roles of the
ments problem. "Because of the importance of the United dollars are interdependent--dollars flow back
On the other hand, the Treasury Depart- States in world trade was itself very large, and forth between official and private
ment, having the primary responsibility for as seen from most other countries; hands--changes in the world's holdings of
this area. :s the focusing point for this in- "Because there were ample and versatile its vehicle currency dollars can have quite
tense public spotlight and we are frequently credit facilities available from which sup- different implications than changes in the
taken to task and called upon to account for plemental supplies of dollars could be ob- world's holdings of its reserve currency dol-
our actions or inactions-as the case may be. tained at short term; lars.
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