NO ALTERNATIVE TO VICTORY IN VIETNAM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000400100001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: June 21, 2005
• Sequence Number: 1
• Publication Date: August 31, 1966
• Content Type: OPEN

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CONGRESSIONAL RECORD - SENATE August 31, 1966
the current exploration of outer space, and
that it will ultimately require a national ef-
fort on R, comparable scale.
Our oceanographic programs are dramat-
ic, they have captured the imagination of
the public, foreign and domestic. To say
the least, they are interesting, to you and to
all engineers and scientists.
I urge you to keep informed on these pro-
grams and national developments in oceanog-
raphy and to prepare to work with us on
the important and fascinating problems in
this exciting field. It should be clear that
while the Navy will lead in ocean technol-
ogy, it will really be a national effort, a
corporate endeavor: science, industry, and
the Navy.
In summary, the PSAC oceanography re-
port recommends that the Nation's oceano-
graphic activities be supported by the Navy
"in discharging its mission of national se-
curity through its laboratories and industry
and through the Office of Naval Research
support of civilian institutions, as well as
by its supporting role in the development of
undersea technology and provision of na-
tional test facilities."
In the civilian sector the report deals at
length with the role of oceanography in
facilitating the underwater recovery of oil
and minerals, in providing fish protein and
technology for a protein-starved world and
with many other subjects such as water pol-
lution, conversion of salt water to fresh, the
role of the oceans in world weather,
The specific recommendations assigned the
highest priority in the civilian sector to its
development of food resources and the de-
velopment of the capability for environ-
mental prediction. The development of
coastal regions for recreation and commerce
were assigned a very high priority and the
development of a modern hydrographic sur-
vey technology was assigned a high priority.
The establishment of Marine Study Cen-
ters, marine wilderness preserves, deep sea
and tropical laboratories and facilities for
specialized marine studies, and a national
center for collection, maintenance, and dis-
tribution of living marine organisms are
recommended in the report.
Since oceanography has progressed rapidly
and many clearly identifiable problems exist
the report recommends a shift away from
broad ocean turveys to solutions of specific
problems. The need for oceanographers
to evolve some fairly elaborate measuring ar-
rays, with limited regions heavily instru-
mented, led to the recommendation for a
step-by-step buoy program.
'In discussing oceanographic research the
report recommends that oceanographic re-
search ships be separately funded es a block,
and be grouped generally into regional fleets
of reasonable size.
The major organizational recommenda-
tion would combine the Environmental Sci-
ences Services Administration. Geological
Survey, Bureau of Commercial Fisheries, and
oceanographic activities of the Coast Guard
and the Bureau of Mines in a single agency.
This new agency would support the national
effort by management of environment and
ocean resources and providing description
and prediction services through a balanced
program of direct participation. and support
of industry and universities.
At the request of the President, each fed-
eral"agency is considering the recommenda-
tions contained in "Effective Use of the Sea."
The ICO is now in the process of examining
the implications of these recommendations
and the Vice President regards the analysis
of the PSAC report as one of his Council's
priority assignments, and expects to utilize
the next Council meeting for this purpose.
In his charge to the Vice President, the Pres-
ident requested the National Marine Council
to carefully study the many recommenda-
tions Of the report and to consider these pro-
posals in developing suggestions for the
President for fiscal year 1968.
At this time I can speak only for the Navy.
Budgets permitting, the Navy intends to fol-
low its recommendations. In the field of
oceanography we feel an obligation to the
entire nation. Almost every bit of oceano-
graphic information gathered is not only of
use to the Navy, but also to others in the
oceanographic community. For instance, the
work we do on sonar can be used to develop
methods for studying the migratory habits
of fish.
It is obvious that while pursuing military
objectives, the Navy has an obligation to the
national interest in ocean technology. We
would like to see Navy dollars do double duty
in supporting the civilian sector. In addi-
tion, the Navy accepts the responsibility for
helping to develop the national undersea
technology needed for effective use of the
sea in the military, economic, social, and
political sense. This, again, must be a cor-
porate venture: a science-industry-Navy
team.
To be certain that the Navy's portion of
the National Oceaographic Program budget
is carefully and wisely invested, the Secre-
tary of the Navy and the Chief of NavalOp-
erations have completed taking another long,
hard look at the entire Navy Oceanographic
Program. They have thought in terms of a
more centralized authority to give even a
better focus to the entire Navy program
in oceanography, and related efforts.
The Secretary of the Navy, the Honorable
Paul Nitze, has recently taken an action that
will not only strengthen the Navy's ocean-
ographic program but increase the Navy's
ability to cooperate with all other agencies
involved in our national oceanographic
effort.
Effective inlmediaely, the Secretary has es-
tablished a new Office of the Oceanographer
of the Navy and invested it with the neces-
sary expanded authority to provide central-
ized direction of all of the Navy's ocean-
ographic activities.
The new office will be headed by Rear Ad-
miral O. D. Waters, Jr., who has been serving
in the more limited position previously de~
ignated as Oceanographer of the Navy anq.~
also as Commander of the U.S. Naval Ocean
ographic Office.
Since the Secretary's instruction is not
long and since it is written in the plain
English for which he is noted, I will quote
it to you in its entirety:
"This instruction defines the Naval Ocean-
ographic Program, establishes an Office of the
Oceanographer of the Navy, and prescribes
the mission of the Oceanographer of the
Navy.
"The Naval Oceanographic Program en-
compasses that body of science, technology,
engineering, operations, and the personnel
and facilities associated with each, which is
essential primarily to explore and to lay the
basis for exploitation of the ocean and its
boundaries for Naval applications to enhance
security and support other national objec-
tives.
"The mission of the Oceanographer of the
Navy is to act as the Naval Oceanographic
Program Director for the Chief of Naval
Operations, under the policy direction of the
Secretary of the Navy, through the Assistant
Secretary of the Navy (Research and Devel-
opment), and to exercise centralized author-
ity, direction and control, including control
of resources, in order to insure an integrated
and effective Naval Oceanographic Program.
"In carrying out his assigned responsibili-
ties, the Oceanographer of the Navy is au-
thorized to issue directives, management
plans, requirements, tasks, instructions, and
to allocate resources for the Secretary of the
Navy and the Chief of Naval Operations.
"The Chief of Naval Research is assigned
additional responsibility as Assistant Ocean-
ographer of the Navy for Ocean Science.
"The Chief of Naval Material, with ap-
proval of CNO, has assigned the Deputy Chief
of Naval Material (Development) additional
responsibility as Assistant Oceanographer of
the Navy for Ocean Engineering and Devel-
opment.
"With the approval of the CNO, the
Oceanographer of the Navy will designate an
Assistant Oceanographer of the Navy for
Oceanographic Operations. Pending this
designation, the relationships of the Ocean-
ographer of the Navy and the U.S. Naval
Oceanographic Office remain as at present.
"The Oceanographer of the Navy shall
budget, justify, and administer all funds
allocated to the Naval Oceanographic Pro-
grams as required for implementation of the
program; shall insure that adequate funds
are budgeted by activities of the Navy De-
partment for support of the program; and
shall develop and maintain a comprehensive
budget documented for presentation to
higher executive authorities and Congres-
sional Committees.
"All national facilities, centers, and mis-
sions of the National Oceanographic Pro-
gram assigned to the Department of the Navy
will be managed and administred by the
Oceanographer of the Navy.
"The Office of the Oceanographer of the
Navy is hereby established directly under the
Chief of Naval Operations.
"The Oceanographer of the Navy, under
the Chief of Naval Operations, shall, command
the Office of the Oceanographer of the Navy.
"The Chief of Naval Operations shall issue
the necessary directives to implement the
provisions of this Instruction."
That is the end of the Secretary's instruc-
tion. Its unequivocal language leaves no
doubt that the Navy views its work in
oceanography as a major portion of its effort
to maintain the defense of the nation at sea,
and that it is organizing its resources to
make a major contribution to the national
effort; a team effort among the academic
community, industry, State and federal
agencies sharing the responsibility to work
together under the leadership of the Presi-
ldent and Vice President of the United States,
NO ALTERNATIVE TO VICTORY IN
VIETNAM
Mr. McGEE. Mr. President, Howard
K. Smith, in his column published in the
Evening Star for Monday, August 29, has
simply stated why the United States
must and will push on to achieve its ob-
jectives in Vietnam. There is no al-
ternative.
There being no alternative, as Mr.
Smith points out so well, the United
States must adjust itself to the long,
long haul. For this is not a victory to
be won overnight, as we have learned.
Mr. President, as Howard K. Smith
has written, this is really a nation-
building effort disguised as a war. And
our prospects for success are good.
These observations should be widely
spread, Mr. President.
I ask unanimous consent that the
column, entitled "Price of U.S. Defeat in
Vietnam," written by Howard K. Smith,
be printed in the RECORD.
There being no objection, the column
was ordered to be printed in the RECORD,
as follows:
PRICE or U.S. DEFEAT IN VIETNAM Too COSTLY
(By Howard 1C. Smith)
We shall win the war in Viet Nam-that
is, attain our oft-stated objeotives. We shall
do so for the simple reason that there is no
alternative.
If we should lose and withdraw, or negoti-
ate an empty agreement, every little band of
politicians unable to win by consent in Latin
America would acquire itself a Cuban ad-
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CONGRESSIONAL RECORD -SENATE
Fleet, Commander Anti-Submarine Warfare
Force Pacific, Commander Service Force
Pacific, Commander Submarine Force Pacific,
Commander Fleet Marine Force Pacific, and
in the use of this magnificent island and
harbor as a major Naval Base with its asso-
ciated activities. The University of Hawaii,
and the citizens of the state, have expressed
their interest in becoming a major force in
Marine Science and technology and have be-
gun to build strong facilities and capabili-
ties to do so. Set in the midst of the ocean,
and enjoying close ties with the Navy, this is
a natural development for Hawaii, and one
that the Navy and the Federal Oceanographic
community hope to encourage. The Uni-
versity is already involved in Navy and other
Federally-sponsored marine research in
tsunamis, currents, seismic, magnetics,
gravity, and accoustics, principally by AEC,
.NSF and Navy.
There is no doubt that Honolulu and the
island state of Hawaii will play an expand-
ing role in the scientific and technological
conquest of the sea.
It is customary in discussing oceanography
to point out, first, its vital importance to our
national defense, a fact which certainly can-
not be exaggerated, and second, to catalog the
fabulous wealth that lies In the sea-wealth
in the form of minerals and chemicals that
will soon be in short supply on land and
wealth in the form of food and fresh water
for an already protein-starved and water-
starved world.
Because these facts are known to most
of you here, I will not elaborate on them.
Instead I would like to take a few minutes
to invite your attention to very recent de-
velopments which will have a profound and
almost immediate effect on the whole field
of oceanography, both military and non-
military.
The first is the Marine Resources and Engf-
Deering Development Act of 1966 which Pres-
ident Johnson signed into law on the 17th
of June.
We are fortunate in having in the Con-
gress at this point in our history a number
of perceptive congressmen who have taken
the time to make a thorough study of ocean-
ography and its Importance to the national
welfare. This law is the result of careful
consideration and intelligent compromise on
the part of these gentlemen.
Though the dollar expenditures *111 prob-
ably not be the same, this law will escalate
the national. oceanographic program to the
same level of public interest and awareness as
accrued to the space program from the Na-
tional Space Act of 1958.
Oceanography is defined in many ways
depending upon the individual discussing
the subject. The law has adopted the broad
view prevalent in Congress and in industry,
that oceanography connotes far more than
scientific study. In this law the term Ma-
rine Science is applied to oceanographic and
scientific endeavors and discipline as well
as engineering and technology in and with
relation to the Marine environment (Marine
environment including the oceans and the
Great Lakes as well as their boundaries).
The law sets up a National Council on
Marine Resource and Engineering Develop-
ment to be headed by the Vice President of
the United States and made up of cabinet
members and agency heads with a major
statutory interest in the field. I was privi-
leged to attend the first meeting of this
National Council less than two weeks ago.
It is certainly obvious to all of us who
attended this first meeting that the Vice
President has had a long standing personal
interest in oceanography, and intends to de-
vote whatever personal time is needed to
carry out this aspect of his duties. I can
assure you that this administration is taking
the challenge of ocean exploration most seri-
ously. Although the life of this national
24619
council is limited to a period of about 22 Now, I don't want to second-guess the
months, it has a statutory set of purposes findings of a Commission that Is yet to be
"to develop, encourage, and maintain a co. appointed, and a policy council that has just
ordinated, comprehensive, and long range met for the first time but I do think that a
national program in marine sciences for the long shadow has been cast toward the future
benefit of mankind." it is the policy of this by the recent report of the Panel on Oceanog-
administration to use the council as a policy- raphy of the President's Science Advisory
making body-to expand scientific under- Committee.
standing of the oceans, to accelerate the de- The report is entitled "Effective Use of the
veloprnent of marine resources and to estab- Sea," and is available from the Superintend-
lish an engineering capability to realize the ent of Documents at the Government Print-
full potential of the oceans in contributing ing Office for 60 cents. You couldn't make.
to our national security and well being, a better investment-perhaps most of you
The Act requires the council to prepare an have already made your investment. You
annual report of the National Oceanographic don't have to agree with everything in it
Program for the President to transmit 'to the (and parenthetically, I have found no one
Congress. The report will describe Federal who does) to realize that it Is a significant
multi-agency programs, evaluate these ac- report, which is going to affect the shape of
tivities;, and will set forth recommended things to come in oceanography.
funding for all participating agencies during The PSAC report defines oceanography as
the succeeding fiscal year. all "activities within the ocean that have
This Council's other responsibilities are: significant scientific or technological con-
a. To advise and assist the President in an tent."-a definition in keeping with the
annual review of Federal programs, surveys broad popular meaning given to oceanog-
of such activities and steps to coordinate the raphy over the past few years.
activities of all agencies; The title "Effective Use of the Sea" comes
b. To develop long range policy studies of from the recommendation that the national
the potential benefits of the oceans to the objective of our ocean program should be
U.S. economy, security, health and welfare, "effective use of the sea by man for all pur-
including a study explicitly aimed at inter- poses currently considered for the terrestrial
national legal problems; environment."
c. To evaluate and interpret the study re- An attempt to answer the question "What
port to be developed by the citizens' com- is the proper role of the Federal government
mission before it is transmitted to the Presi- in oceanography?" is indicated by their state-
dent; and ment that "division of effort among govern-
d. To coordinate a program of interna- ment, industry, and universities a ate
tional cooperation in work pursuant to ma-
to land-based activities Pe o for the
rine science activities. oceans a advisable for the
ld e that the the e
Dr. Ed Wenk was appointed by the Presi- should and not preempt these se activities cGovernment to to the
dent as the new executive secretary to the extent it has, for example, in space."
council and was sworn in by the Vice Presi- Assigning highest priority to those efforts
dent at the first national council meeting. in oceanography that deal with national se.-
He will be the Vice President's righthand curity, the report discusses the increasing
man for matters under the jurisdiction of need for the Navy to be prepared to defend
the national council. Dr. Wenk was for- the developing interest in all depths of the
merly Chief of Congress' Science Policy Re- ocean, and to provide for the continuing pro.-
search Staff and the Legislative Reference jection of U.S. power on and under the oceans
Service of the Library of Congress, and be- in an era of increasing sophistication in the
fore that Executive Secretary of the Federal use of the seas. This leads the report to
Council for Science and Technology. He has recommend expansion of Navy capabilities
made major personal contributions to the which will permit operation anywhere within
design
The law furrttherrempo ers th submer
Presider the oceans at any time. As you know, the
to appoint a commission on marine sciences,
engineering, and resources to be composed of
15 members from industry, universities and
marine laboratories as well as the federal
and state governments. This citizens' com-
mission is given up to 18 months to study
and to recommend to the President of the
United States and Congress an overall plan
for present and future needs. The Presi-
dent expects to announce appointments to
this commission within the next few weeks.
As chairman of the Interagency Commit-
tee on Oceanography, I have been directed
by Dr. Hornig, the President's- Science Ad-
visor and chairman of the Federal Council
for Science and Technology, to cooperate In
every manner with the national council[,
In summary, we now have a national pol-
icy council on oceanography at the very
highest level in government chaired by the
Vice President of the United States. Under
the umbrella of this council, the Interagency
Committee on oceanography will discharge
its responsibilities and the staff of the ICO
will completely support the work of the
council. We hope that arrangements can
be made so that the council can call on the
citizens' commission,, or its.individual mem-
bers and staff, as a group of experts in and
out of government to act as advisers to this
national council. Thus we will have every-
one in the federal government engaged in
o
ceanography pulling together under the
policy direction of the Vice President to
Navy has underway a Deep Submergence Sys-
tems Project including Man-in-the-Sea This
report further asserts that this effort as pres-
ently constituted is insufficient if the Navy
is to meet its goals in a reasonable time
period.
The report recommends assignment of fed-
eral program responsibilities for Man-in-the-
Sea and undersea technology to the Navy.
Thoughts and plans are relatively inexpen-
sive. To put them into effect costs money.
As the result of a recent study which pro-
posed a plan for the Navy's future role in
undersea technology, the Navy has included
a new line item in the FY 1968 budget re-
quest, entitled "Deep Ocean Technology."
I fully support the Chief of Naval Opera-
tions, (Admiral David McDonald) in his
statement before Navy League that the Navy
will require improved capabilities in its un-
dersea strategic forces, anti-submarine war-
fare forces, as well as the ability to perform
undersea search and recovery operations.
Improvement of the Navy's capabilities in
these areas depends largely on our national
ability to discover and exploit new knowledge
in ocean science and our success in develop-
ing new and relevant ocean technology.
We have seen a new horizon emerging, cen-
tering on our capability to engineer the
oceans. We now face problems attendant
upon our ability to explore the oceans, to
exploit the oceans, and to occupy portions of
the oceans' bottom.
I
join the Secretary of the Navy, who for
come up with recommendations to the Pres-
c
Ident o to area of ome of w the United States carry to out the years has been convinced that the general
of-
statutory set of purposes under this new act. fers a challenge ee just a on great and as s that posed by
by
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y, 1nVd- D1'. C1kTsIATE
viler and have a go at a "War of Liberation."
In half the countries of the world, the topical
amusement would be going downtown to
wreck the American embassy. That nearly
happened in the period before we began
seriously resisting in Viet Nam. After we
began resisting, Ben Bella, Nkrumah and
Sukarno lost power in succession and our
embassies became their prosaic selves once
again.
Nothing as epic as a decline or collapse
of American power in the world would result
from failure in Viet Nam. Instead, in the
which order was restored, are tokens. of a
crystallizing nation.
The raw materials are right and so are we.
We could possibly talk ourselves into defeat,
and a fraction of our intellectuals are giving
it a hard try. But probably they shall not
succeed. The easiest path is success, and
in our usual halting way, we are moving
along that path.
RAYMOND C. DOBSON, GRAND EX-
ALTED RULER OF THE BENEVOL-
ENT AND PROTECTIVE ORDER OF
ELKS
Mr. YOUNG of North Dakota. Mr.
President, on July 4 of this year at Dal-
las, Tex., a distinguished North Dakotan,
Raymond C. Dobson, was elected grand
exalted ruler of the Benevolent and Pro-
tective Order of Elks.
All North Dakotans are extremely
proud of the honor bestowed upon Mr.
Dobson and upon our State. Mr. Dob-
next serious engagement-say, in Thailand- an overwrought American opinion would in-
sist on victory at any price. We would put
not 300,000 but 3 million troops into con- bat. Gen. Westmoreland's promising careerwould end with a desk in the Pentagon, and
the most uncompromising hawk would be
called in to "bomb" them back into the Stone
Age." Our politics would once again be
poisoned as at the time of McCarthy.
These things simply cannot be allowed to
happen. So we shall have to straighten out the real facts about guerrilla war and win.
Guerrilla wars are won by one thing, and
that is attrition. Two tough entities grate
against one another until the tougher rubs
the other to pieces.
The idea that the side closest to the com-
mon people wins is a romantic notion. In
fact, the side that wins is almost always the
side that gets the most abundant help from
a nearby foreign power. In the Napoleonic
wars, only a British invasion enabled the
Spanish guerrillas to be successful. In World
War II, no guerrilla movement had much
chance until abundant Allied aid and an
Allied invasion of Europe became real pros-
pects. After that war, the Greek Communist
guerrillas flowered while Tito provided a flood
of support and a ready refuge. But when he
shut the border, they withered.
Ho Chi Minh would never have won in
North Viet Nam had not China gone Com-
munist next to him. He could not fight now
but for a flood of help from outside: all
his oil, all his trucks, all his aircraft and
antiaircraft defense, and almost all his arms
and ammunition come from other Commu-
nist nations. Though the fighting in South
Viet Nam is not a simple invasion from
the North, it could not last 12 months on a
serious scale if North Viet Nam stopped send-
ing men and material.
Well, the foreign country with power to
make up for lack of proximity is the U.S.
With our impressive native talent for impro-
visation-trying and failing until eventually
we find the right way-we are making that
power increasingly effective.
But it will take time and patience, which
are not usually American virtues. We are
adjusted to short-term results, to annual
sessions of Congress, annual budgets and
annual'company reports. For this effort we
have to adjust to the long, long haul.
We must learn to shrug off setbacks and
disappointments, and even occasional dis-
asters. The Communists have a 20-year
head start in sinking their "infrastructure"
into South Viet Nam, and we have only been
seriously learning to root it out for about a
year.
We shall have to keep in mind that our
saturation reporting of our own problems,
son, I know, will be an outstanding grand
exalted ruler. He has been active in the
affairs of the Elks for over 40 years.
Mr. President, the September issue of
the Elks magazine contains a reprint of
Grand Exalted Ruler Dobson's accep-
tance speech which I ask unanimous
consent be inserted in the body of the
CONGRESSIONAL RECORD as a part of my
remarks. Grand Exalted Ruler Dob-
son's remarks, while primarily directed
to those in attendance at the grand lodge
convention, I believe merit the thought-
ful consideration of all citizens.
Mr. President, Grand Exalted Ruler
Dobson is a distinguished journalist. He
serves as editor and publisher of the
Minot Daily News published in Minot,
N. Dak., an excellent and very aggressive
daily newspaper of which he and his as-
sociates are justly proud.
Appearing in the same issue of the
Elks magazine is an editorial entitled
"Leader From North Dakota" which I
ask unanimous consent to also have in-
serted in the CONGRESSIONAL RECORD as
a part of my remarks. The high opinion
of the grand exalted ruler as expressed
in this editorial is shared by all North
Dakotans and people everywhere who
have come to know him.
There being no objection, the speech
and editorial were ordered to be printed
in the RECORD, as follows:
ACCEPTANCE SPEECH OF RAYMOND C. IiOBSON
(Presented at the Grand Lodge Convention
in Dallas following his election to office on
July 4.)
Grand Exalted Ruler Bush, distinguished
Past Grand Exalted Rulers, Grand Chaplain
Msgr. Scott, officers and members of the
Grand Lodge and my'Brothers:
I sincerely thank you for the highest honor
and recognition which can be bestowed on
any member of this, the nation's greatest
fraternal organization. I am indebted to you
for the confidence shown in me, and I shall
do my best in the coming year to justify the
faith you have exhibited.
Please, at the outset pardon some personal
references. This year, with this convention
in Texas, has for me a special significance.
It was 100 years ago on March 15, 1866, that
one of my grandfathers was discharged from
the Union Army at Brownsville, Texas. Be-
lieve it or not, as the late Mr. Ripley would
have said, Grandfather was, after three years
of Army service, a veteran at the ripe old age
of 15 years.
compared with a near blackout on informs- tion from the enemy, creates the false im-
pression that only we have problems. In
fact, what evidence there is suggests that
the Communists' problems are much worse
and are growing more so each month,
We need to keep clear the fact that this is
really a job of nation-building disguised as
a war. Despite the subtlety and difficulty of
the mission the prospects are good. The
people is rich and can grow anything in
abundance. Both the Buddhist demonstra-
tions of last summer, and the firmness with
I am grateful that permission was given my
bride of 39 years to be present on this plat-
form along with other relatives. They might
not believe this could have happened to
me, except for the fact they now are
eyewitnesses.
You have been told I am a Protestant,
Presbyterian, Mason and Shriner. My spon-
sor is a gentleman of Jewish descent. My
nominator, as you know, is a Catholic gentle-
man of the cloth. No studied effort was
made to have it this way-it just happened.
And no where else except under the broad
canopy of the brotherhood of the Elks would
this take place.
Let's keep it that way! Always!
I sincerely thank Father Andrews for his
kind words about me, and also Larry Moening
from Owatonna, Minnesota, the state in
which I was born, for coming here to make
the seconding talk.
I am not certain, but after listening to
them I suspect that both must have read
what Mark Twain said about handling facts:
distort them as the situation warrants.
It was the same Mark Twain who also
wrote some words that I intend as Grand
Exalted Ruler to live by: The higher we are
placed, the more humbly we should walk.
I am thankful, too, to the good brothers
of my home Lodge, Minot No. 1089, and all
other Elks of North Dakota for their support;
and likewise the Minot Elks Band and those
cute youngsters, the majorettes, directed by
Virginia Maupin.
I am the second man from North Dakota
to be elected Grand Exalted Ruler. I am
grateful to Past Grand Exalted Ruler Sam
Stern, who despite illness come here to this
convention to bear witness to the fact he is
my sponsor. He and the other Past Grand
Exalted Rulers who have been presented to
you are dedicated and devoted Elks.
Someone has said that figures on occasions
can be as dry as dust, but permit me to re-
mind you of some facts always worthy of rep-
etition. These distinguished gentlemen, the
past Grand Exalted Rulers, have given a com-
bined total of 264 years of their lives to lead-
ing and counseling the Grand Lodge of the
Benevolent and Protective Order of Elks to
the greatness it enjoys today. And this figure
of 264 years does not include the years they
spent in subordinate Lodge work, as well as
in Grand Lodge, before assuming the respon-
sibilities of leadership as Grand Exalted
Ruler.
I suggest each of us think of himself as
being a stockholder in a great corporation-
the Benevolent and Protective Order of Elks.
And further that we think of the past Grand
Exalted Rulers as constituting its board of
directors. I say with all emphasis that we,
the stockholders, are indeed most fortunate.
Perhaps this best explains why the Elks,
who only two years hence *ill observe a cen-
.tury of existence, are growing and prosper-
ing, and giving no evidence of hardening of
the arteries.
The records show I will be the 90th man to
occupy the office of Grand Exalted Ruler in
98 years. And if you wonder why only 90 men
in 98 years have been Grand Exalted Ruler,
it is explained by the fact that in earlier days
on occasions the leader would serve more
than one term.
I am very conscious of the fact that I am
following on the heels of a man, Leonard
Bush, who has endeared himself to our mem-
bership nationally, and has contributed in
large measure to growth and progress in the
year now ending. I congratulate him for his
achievements, and only hope I can come close
to filling his spacious shoes.
The program which I have in mind for the
coming year will be laid before the District
Deputy Grand Exalted Rulers and State As-
sociation Presidents Tuesday noon, and be-
fore the Exalted rulers of the subordinate
Lodges on Wednesday noon. I shall now only
sketch what I have in mind.
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CONGRESSIONAL RECORD ?- SENATE August 31, 1966
On membership I ask for an increase of at It disturbs me, as I am sure it also does his profession. Raymond C. Dobson of
least 10 percent of the total at the beginning you., to look out upon this nation on its Minot, N. D., Lodge No. 1089 became an Elk
of the Lodge year. 190th anniversary. World peace hangs in at approximately the same time that he
In community service, let every subordi- precarious balance. Our enemies are unre- started to work as a newspaperman, and in
nate Lodge seek out in its community some denting. They would destroy that birth cer- both careers he has compiled a distinguished
worthy cause or project for the betterment tiflcate dated July 4, 1776. record.
of all its citizens, which the Elks should un- We live with an awesome knowledge that He became a cub reporter for the Minot
dertake and carry to conclusion, what we choose to call one world might eas- Daily News when he was 19 years old and
In youth activities, let the good work con- fly be triggered into a smoking, burning joined the Minot Elks Lodge as soon there-
tinue and be broadened, and we in great shambles of no world. And yet, sadly, the after as he could, which was when he was
bounty will be satisfied that we truly are behavior of too many of our citizens gives 21. Today, as he has been for several years,
doers of good. evidence they don't appreciate that America he is editor and publisher of his newspaper,
Every subordinate lodge should recognize is a citadel of freedom and a beacon of hope one of the country's best smaller dailies, and
in a tangible way the sacrifices beine made t.r rho R. >,a
by goon ana loyal Americans who by their
valor on distant battlefields are making more
secure this land and our lives. Such recog-
nitions can take many forms, and sugges-
tions intended to be helpful will be passed
along.
I ask that each subordinate Lodge write a
new record of achievement in contributions
to the Elks National Foundation based on a
minimum gift of $1.00 per membership, with
an objective of topping $1,500,000.
Continue the successful Elk-of-the-Year
program, and in larger Lodges consider
choosing an Elk-of-the-Month so that more
men deserving of recognition will be hon-
ored.
Acquaint yourselves with the opportuni-
ties that exist for older members to enjoy
the fall or winter time of their lives at the
Elks National Rome at Bedford, Virginia.
Bear in mind that there is a demarcation
line between good fellowship and abuse of
sound judgment in club operations,
Continue, as so many subordinate Lodges
have in recent years, to improve, rehabilitate
or construct new Elks homes.
Give enthusiastic support to, and expand,
the Major Projects programs being carried
on in greater numbers every year by state
associations.
All subordinate Lodges should take advan-
tage of the opportunity afforded by the Elks
magazine to record your good deeds and
other newsworthy activities.
Two years is not too far ahead for us to
start learning about what we should expect
of ourselves In the waning days of a century
of existence, Obviously, we can't drive into
the future looking all the time In a rear
vision mirror. We have moved from a kero-
sene lamp and gas mantle era to the space
age. We cannot deny, looking today at a
I concede to all men the precious right of which he has devoted so much -of this It me,
dissent. But I am much more impressed energy, and talents.since he took the obliga-
when it is tempered with common sense. tion in 1923.
We see all too many misled and ill- Brother Dobson is the second North Da-
Informed citizens wasting their time in kotan to serve as Grand Exalted Ruler, the
quixotic fashion, jousting with the wind- first having been Sam Stern of Fargo Lodge
mills of, absurdity. Good citizenship, such No. 260. This is a remarkable tribute to
as we the Elks revere, is something more the caliber of Elkdom in North Dakota, when
than a couple of cheers at a patriotic gath- it is remembered that the 11 lodges have
ering. Democracy Is something learned, not a total membership of 20,118.
bestowed or legalized or seized. It demands It is worth noting that of the 11 North
of us, as Elks, participation, Involvement, Dakota Lodges, 3 have a membership in ex-
and contribution. cess of 3,000, there being only 25 lodges in
I say no, emphatically no, we're not going the whole Order in that classification. In
to be seduced by specious pleas into casting fact 8 of the 11 North Dakota lodges have
away what has been given us in this nation a membership in excess of 1,000, and this in
as an inheritance richer than pieces of gold, a state with a total population of less than
Those who would mislead us have :no ham- 650000. The state showed a membership
mer for building but only a torch for destruc- gain this past year of nearly 8 percent
tion,. It is not difficult to believe they were against something under 2 percent for the
born with warped minds and never have nor Order. North Dakota Elkdom is in a very
never will gain a true sense of direction. healthy condition, indeed.
They are the type of whom that grand old Brother Dobson is not the first newspaper
warrior, Winston Churchill, was thinking editor to head the Order of Elks. He is, in
when he so eloquently said: "Very often the fact, the sixth. His predecessors were How-
eagles have been squalled down by the par- and R. Davis, who served in 1951-52, Charles
rots." E. Broughton, 1946-47, Robert W. Brown,
I apologize to no one for my emotions when 1905-06, Edwin A. Perry, 1883-84, and Thomas
a lump comes to my throat as the flag passes E. Garrett, 1880-82. There have been others
by, and I place my hand over my heart. And whose careers included journalistic experi-
did you ever notice, when you do that, that ence, among them Fred L. Bohn, 1950-57,
Old Glory waves back at you in apprecia- Robert S. Barrett, 1944-45 and Floyd E.
tion;' Thompson, 1932-33.
Our Americanism program in the Elks must Elkdom's new leader is a man with a ready
have greater emphasis in the year ahead. wit and high good humor. He also is
A Good Elk is a volunteer-he needs no capable of speaking bluntly and forcefully.
draft card to compel him to enroll in hard How true It is, as he so clearly put it in his
work and thought as we strive for what we acceptance speech, that "Democracy is some-
know is best. thing learned, not bestowed or legalized or
I intend to do my part. seized. It demands of us, as Elks, partici-
I ask the same of you, my Brother Elks, pation, involvement, and contribution."
I always have looked upon my Elks mein- Thoroughly seasoned in Elkdom and
philosophy of life that has enriched our own blem because it enables each man who pos- qualities of leadership, Brother Dobson also
lives. Besse, one to be a participant in benevolence, brings to his high office a personal com-
I can see more light than darkness in the something that had virtue when this Order Order t t to the ideals and programs of this
Elks an see, and obviously than that k what nthe was founded and has equal value today. It Order that is inspiring and refreshing. We
is something that will abide through all time. look forward confidently to another year of
ers have visualized in the past. But intelli- We, by our interest in fellow human beings, achievement under North Dakota's :Ray
gent effort continues to be needed. have created an enviable image of the B
ipobson.
I like the stor
b
ene-
y a
out an administrt i
aorn volent and Protective Order of Elks to which
Africa who rode out to Inspect land that had all America bears witness. It serves` as all
been devastated by a storm. He came to a asset to our order in attracting new and
place where giant cedars had been uprooted desirable men to go before our altar and take
and destroyed. He said to the official in
the obliti Th
gaon.e future is ours with a
charge of forestry: "You will have to plant responsibility to uplift this image in reveren- Mr, MON Mr. President, the
some cedars here .
The " tial respect. most lively and nd and understandable report I
official replied: "It takes 2,000 years I give you as a slogan for the coming year: have heard on the Vietnam conflict ve-
to grow cedars the size these were. They Be Enthusiastic! Live and Help Live! cently came from Jim Lucas, Pulitzer
don't even bear cones until they are 50 years And as Elks let us live by these words: prize-winning Scripps-Howard war cor-
old." Closer America! Closer all peoples! Closer respondent and an Oklahoman.
"Then," said the administrator, "we must to our hearts and ideals. Closer to a world
plant them at once." Jim was born at Checotah, Okla., at-
free of greed and suspicion. Closer! Closer
tended
The objective now-at once-of the Elks in all of these things, by moving closer in the University Of Missouri, and
should be to move beyond old accomplish- fraternity to each other. worked on Muskogee and Tulsa news-
ments, while perpetuating the memory of a
them; to build a good This is my wish, my goal, my prayer for p hers before he joined the Marines in
for a better future. present and prepare the year ahead. And I want your helping co942. ve He was a combat correspondent
al,
hands to insur for all Elkdom in 1966-67 a covering battles at Tarawa, Guadalcanal,
year of service ahead is a new one, new grandeur and the best kind of life and New Georgia, Russell Islands, Saipan,
with no accomplishments or mistakes in it
as yet. Like the birth of every new day, it is happiness. Tinian and Iwo Jima. - His war activity
a reprieve granted by the governor of time brought both a Bronze Star and the Na-
to his subjects. We must not squander the - - [From the Elks Magazine] tional Headliners Award for best combat
legacy of any moment! - LEADES Enos Noon DAKOTA reporting. - -
I am mindful that this eventful day in my The man whom the delegates to the Grand Scripps-Howard has been sending him
life, made so by your kindness, also is the Lodge Convention in Dallas last July chose over the world ever since, and his news
birthdate of this nation--& nation in which - to serve as Grand Exalted Ruler is accus- reports have won one prize after an-
run the bloodlines of many peoples. tomed to leadership both in Elkdom and in other-George Polk Memorial Award,
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August 31, 1966 CONGRESSIONAL RECORD - SENATE
two Ernie Pyle awards, the Omar Brad-
ley Gold Medal, Korean National Medal,
the Pulitzer Prize and awards of the Ma-
rine Corps Reserve Officers Association
and the American Legion. He has two
books to his credit and this month is in-
troducing a new one, "Dateline: Viet-
nam."
Because I think Jim has something to
say to all of us, I have had transcribed a
recording of his speech at the National
Press Club August 18, and I ask unani-
mous consent to have it inserted in the
RECORD at this point.
There being no objection, the tran-
scription was ordered to be printed in
the RECORD, as follows:
(By Jim Lucas, National Press Club,
August 18)
I guess maybe we ought to start by de-
fining some of our terms and one of the
questions I've been asked on a few of the
TV and radio programs I've been on (and
I've been selling books for the last ten days)
1s, "Are you a dove or a hawk?" I guess
I'd have to say I'm a hawk as I under-
stand the term.
If it's a hawk to believe as I believe, that
what we're doing out there is just and hon-
orable and fair and something that has to be
done-I'm a hawk. If it's to be a hawk
to want to do whatever it takes to bring
this thing to a successful conclusion and
soon, I'm a hawk. If to be a hawk is to be
bereft of compassion, to be unable to cry
anymore, then I'm not a hawk. Maybe I'd
say I'm a gentle hawk, if there is such a
.thing. I guess there is such a thing, be-
cause I know there is such a thing as a
belligerent dove. I've seen some of those.
Maybe I don't understand the term, be-
cause I think there is a third category we
ought to introduce in here and we'll dis-
cuss them later, and that's the ostrich. He's
also very much involved in this operation
that we've got going out in Vietnam. So let's
assume that I'm a hawk.
ALLIES WINNING-BUT TOO SLOWLY
Now the big question, of course, is how
we're doing out there. I've found a great
deal of discouragement since I've come home.
Don Cosgrove was telling me as we sat here
having lunch about a very distinguished
military man who is not here today. He
said, "I've heard all I want on Vietnam, I'm
confused enough." I have found a great
deal of confusion and disarray and this dis-
turbs me, because to me, and I may be too
close to the forest to see the trees, to me
the issues of this thing are crystal clear.
How are we doing? I'm not discouraged.
I hope I'm not a "Pollyanna." We're no
longer losing. In the Delta, where George
has been until recently, we have been con-
sistently winning our war, and I believe we
still are. In the central highlands around
Pleiku where the VC not too long ago
hoped-and had every reason to expect-
they could cut Vietnam in two at the nar-
row waist, their ambitions there are no
longer attainable, and they cannot be real-
ized. Their goal to seize a capitol, a pro-
vincial capitol, and make it their rump cap-
ex-Marine) up in the First Corps area, things
look at lot better. We've taken the night
away from them. And this is something that
they find just inconceivable. They have
always owned the night. When they helped
the French in the War of the Viet Minh, the
night was theirs. As soon as It got dark, the
French retired to their little Beau Geste forts
and stayed there until dawn came and the
countryside belonged to the Viet Minh
they could do with It as they chose and this
is when they operated. And initially-we
got into this thing gradually, telling our-
selves for a long time we weren't even
there-initially they also owned the night,
but now it's not theirs.
In the First Corps, the Marine area, we set
a thousand ambushes and run five hundred
patrols in a single night. We're out as much
as they are and they know even when they're
out they don't have that sense of freedom,
of license, that they used to have. We've
taken the night away from them and they
tend increasingly, now, to stay in their forts
and their eaves and their holes at night be-
cause thase damn Marines-you can't trust
them. And to them, this is inconceivable.
It's not cricket. - It's not playing the game
by the rules that they've always played it by.
We've taken the night away from them, which
I think is a tremendous reversal of the tide of
war in that part of the world.
GUERRILLAS' BACKS BROKEN IN DA NANG AREA
We've broken the backs of the guerrillas
in the Da Nang area and the guerrilla repre-
sents a tremendous investment to these
people. It takes at least sixteen and some-
times as many as twenty and twenty-one
years to train a guerrilla. He's a local boy;
he's the tax collector; he's the propaganda
agent; he's the enforcer; he's the assassin;
he's the guy that disembowels the friendly
province chief or the district chief, and when
you kill one of those guys, this Isn't just
shooting a soldier, you've taken a tremendous
investment in time and training and re-
sources away from the Viet Cong. And in
Da Nang, General Walt told me just before I
came home, we have killed 2,600 guerrillas in
less than a year. So much so that they're
trying to replace these characters with guer-
rilla experts from the north.
The guy from the north, he's not a local
boy, he doesn't know the area any better
than we do. He doesn't know it as well as
we do because we've been there longer.
We have found the bodies of North
Vietnamese guerrilla experts two and three
days after they were killed-still where they
fell. He has no friends there. This wouldn't
happen to a local boy, a local guerrilla. His
family would come get him and bury him.
But these are strangers so they stay there.
MEN FROM NORTH STRANGERS
20623
because it is the one you're in. This is alto-
gether different from World War II, alto-
gether different from Korea where initially
we did have this fluidity where there were no
lines but which eventually settled itself down
to more or less a conventional warfare.
JUNGLE MAKES FOR STRANGE WAR
Even when we've had a big operation as we
did in Operation Hastings (and this was the
last I was involved in before I came home), a
big operation involving division-sized forces,
you're still fighting small wars. Hastings was
fought under one man, General English, but
still fought in at least three separate pockets
because you're fighting in jungle.
Even in Saigon they don't understand the.
jungle. They say go up in the mountains
and get those people. Yes, go up there and
get them. You ought to see that terrain.
You can't see three feet on either side of
you. You have to fight where you are and
there is often no communication-physical
communication-although there's always
radio communication between units.
This is a very difficult war we're fighting.
We're fighting it in the midst of a civilian
population, a friendly population, trying to
do as little damage to them as we can and
we're fighting it often In the most impossible
terrain.
MORE MANPOWER URGED
I'm convinced that with the infusion of
more manpower, and I hope to God we get
it (I think we will) we can bring those
enclaves we hold, I'm speaking now essen-
tially in terms of the First Corps area be-
cause this is where I've been for seven or
eight months, we can bring Chu Lai, Da
Nang, and Phu Bai together and make one
big enclave.
We can even extend by bringing In more
Army manpower down to Nha Trang and Qui
Nhon and eventually we can push these peo-
ple out of the Coastal Plains.
We can make Vietnam a viable nation eco-
nomically and politically. We can push these
people back into the mountains and let them
have the highlands. Who cares? They can't
live up there. They can't grow anything up
there. Eventually they are going to have to
come down for food and for medicine. And
every time they do, we're going to clobber
them.
They're hurting, and they're hurting badly.
If these were a rational people, they would
have recognized long ago that they cannot
do what they set out to do.
If they were Russians, you know the his-
tory of the Russians, they put the pressure
on in a half dozen spots throughout the past
twenty years and when they found that they
weren't going to push through, they weren't
going to get what they set out to do, they
were pragmatists, realists enough that they
pulled back and pushed somewhere else.
ENEMY REQUIRES MORE CONVINCING
But these people are going to take a lot
more convincing apparently than Russians
or even Chinese. They know very little about
the world in which they live and I think this
is right, Mr. Ambassador, that they are
mesmerized, hypnotized by Dien Bien Phu.
To them history begins and ends with
Dien Bien Phu. That's where they whipped
the French and they can do it again. Well,
there ain't going to be another Dien Bien
Phu. But they don't know that yet and
they're going to take a lot more convincing.
It could conceivably be, and I think I said
this the last time I was here, that there will
be no formal end to this war anymore than
there was a formal beginning. This war, like
Topsy, just "grows." All of a sudden there
it was and we had a full-scale war on our
hands.
They're so disoriented, some of them (North
Vietnamese), that they have actually
wandered into our lines because they don't
know where they are. This is how hard-put
they are to replace their guerrillas in that
part of the world.
Again, I don't want to be a "Pollyanna."
But things are going very well for us in the
military sense. I'm not kidding myself that
there is going to be a military solution to
this thing. If this were a war that we could,.
as we did in World War II, sweep in off the
beaches and clear everything ahead of us,
itol on Vietnamese soil; that's out of the sure we could do it.
question. We're trying to fight a war in the midst
They're being hurt; they're being hurt oY a civilian population which is essentially
very, very badly. We're no longer losing- friendly and do this with a minimum of dis-
we're a great deal more than just not losing, location to the civilians and their economy.
We're not winning as fast, however, as I'd We don't always accomplish this but the
like us to do and there is that extra effort incidents that do occur are reasonably rare.
that would enable us to. I hope we will, You can't avoid them all. But our people
because this is a very serious struggle we're , are under blanket instructions, instructions
engaged in out there. It's very serious cer- that actually endanger our lives and which
tainly to the men who are fighting it. have cost us lives, to avoid as much as pos-
"WE HAVE TAKEN THE NIGHT AWAY" slble.the endangering of a friendly people.
Now up north, and I've spent the past This is a strange war we're fighting there.
eight months 'with my Marines (and I'm an I suppose any war you're in is the worst one
WAR MAY WITHER ON VINE
It may very well be that as these people are
hurt and hurt badly, that they'll pull back
into the hills and eventually this war will
just wither on the vine and sort of peter out
to an unsuccessful and inconclusive conclu-
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20624 CONGRESSIONAL .RECORD -- SENATE August 31, 1966
sion. That's not much to look forward to,
but realistically, I think it's something to
keep in mind.
Another question of considerable moment
to our people back here is, "What about our
men out there?" Well, like a lot of old folks
my age, I have sometimes tended to become
discouraged about the younger generation.
Actually I think the only thing wrong with
it is that I'm no longer a part of it. But
I often thought that it was going to "hell
in a wheelbarrow"-that it was hopeless. I
know you probably tend to feel that way back
here, particularly when you see some of the
antics and the gyrations of the lunatic fringe
of the younger generation, but it's been
heartening to me to see these kids in action.
CITY BOYS "OWN" THE JUNGLE
These lads of ours, city boys, or boys from
modern farms that even have TV and radio
and electric lights, which they didn't have
on farms when I was a kid, these kids have
taken the jungle and made it their own-they
own the jungle. I couldn't believe this hap-
pened but they don't like it; nobody likes it.
There are snakes out there and this just
scare's the daylights out of me.
Our boys take this jungle and use it-they
exploit it. It's a tool and a lot of these
boys would rather fight in the jungle than
out in the open because they know the
jungle-they know what to do with it.
And they're much more at home in it than
the North Vietnamese who are, to some ex-
tent, city boys too. They don't like the
jungle, but our kids do.
I like being with troops. They are a
wholesome bunch of young men. They rise
to the occasion. Not all of them-we're
dealing with human beings, but I think
there is a challenge in it that these kids
Instinctively respond to.
When we first went out there, the North
Vietnamese were accustomed to opening fire,
ambushing and having the people being am-
bushed stalked. And we captured docu-
ments, which are very expressive, of their
amazement when our boys charge-they just
go at 'em; They're doing a whale of a job.
OUR BOYS WELL TRAINED
They are better trained than any soldiers
we have ever sent into combat. This ap-
plies to the Army as well as the Marine
Corps. They are better trained. They are
every bit as good as my generation was, and
twice as smart.
They have weapons that I wouldn't begin
to understand if they were explained to me
every day, seven days a week, for six months
at a time. I still wouldn't know what they
were talking about. These kids are able to
use them and use them well. Their morale
is good, even when they take casualties, and
that's the hardest part of it, of course. They
go on fighting.
Howard K. Smith, I'm sure you know the
story of his boy. Howard says, "He's 21 going
"
south of .the border. He's got considerable
stockpiles built up over the years south of
the parallel.
I don't know how it is in the Delta. I
assume we're still fighting the VC down
there-but up in 1st Corps, in many areas,
the VC has virtually disappeared as a fight-
Ing force--it is now a locked-on engagement
between the North Vietnamese and the South
Vietnamese and the Americans on the other
side.
He's well armed. He's well equipped. But
he's hungry in many cases. We have system-
atically-and this may appall some peo-
ple--but as part of war we have systemati-
cally gone for his rice caches, his supplies,
and he's hungry.
ENEMY HUNGRY, MISINFORMED
He lacks medicine and he is giving up In
surprising numbers. Even his officers are
coming in with their weapons. I don't want
to over-emphasize that because he's still a
very good fighting force. But he has got his
problems. He is terrified of those weapons
of ours which he does not have-our artillery
and our air power, and our mobility, our
helicopters.
He dares not light fires at night, He is
afraid often to cook his rice-too often for
his own comfort, I guess you would say.
He has to live off of berries and that sort of
thing.
He has been surprised to find since coming
south that he's been lied to. He was told
when he left Nam Dinh or Vinh or wherever
he started out from that the people of the
south were oppressed-living under a. dicta-
torship-prepared immediately to welcome
him as a liberator and the fall of the south
was just a matter of days and he would be
in on the kill.
But he finds that there's no such welcome
waiting for him-that in all too many cases
the people of the south don't want him
around, that they know he spells trouble,
bad trouble, and they inform on him. Now.
a year ago it would have been worth a
farmer's life to be seen talking to an Amer-
ican or a government trooper. This isn't
true today. Our intelligence has improved
considerably.
INFORMERS IIELP UNITED STATES
On Operation Hastings we knew when they
started bringing that division across the
parallel. We watched them. We let them
get about 75% of their men and supplies
across. That 25%, though, that they didn't
get across was what they really needed and
then we hit them. We couldn't have done
that without the cooperation of a lot of
people who kept us informed as to what was
going on in that area.
The North Vietnamese are hungry, they're
desperately hungry for a showcase victory.
Perhaps if they got that victory-another
DienBfenPhu-they'd be willing to come to
nam by about 100 yards, he had been killed
over there and thrown back.
I'm not at all impressed with correspond-
ents who go over and take bushes behind
which no VC is hiding and say this proves
there are no VCs over there. But we clobber
these people every time they begin to mass,
and they're getting pretty desperate. But
they're not desperate enough to give up and
they're not desperate enough certainly for
us to let our guard down, because they are
a very significant fighting force.
They are well armed. They are well
trained, and there's that hard-core fanatic in
them that is not going to give up, regardless
of what you do to him. Fortunately, and
again this sounds awful bloodthirsty (and
maybe I am, I don't know) that hard-core
being fanatic is the-bunch that always fights
to the death so they're the ones that are
being killed off at a faster rate than anybody
else.
It's the fringe echelon and they go through
several gradations of Viet Cong or Commie,
that is most willing to give up. I don't
know how it is now, George, but when I left
down in the Delta we were accepting the
surrender of an average of about a company
of VC a month. And this is probably still
true today. We brought about 400,000 peo-
ple back under government control down
there and the Delta looks mighty good.
SOUTH VIETNAM FORCES STILL IMPROVE
Finally, there is a question of what about
the South Vietnamese. Well, I told you the
last time I was here that they were a better
fighting force then than when I went out
in 1964. 1 can tell you that they are still
improving. There are some mighty good
units in the South Vietnamese army.
They need, above all, leadership. Leader-
ship is not a commodity you produce over
night. They are getting good leadership.
The ranger battalions are as good, I'd say,
as the U.S. Marines, almost anyhow, and
that's about as high as I could go. The Viet-
namese marines are top-flight. The para-
troopers are good.
There are weak units. But the surprising
thing to me is not that these people make
mistakes-that they have weaknesses after
being a nation so short a time under such
adverse conditions. The interesting thing
to me is that they keep trying-and they do
try. You knock them down and they still
get up again.
These people, and again I'm repeating what
I said last time but its still valid, these
people are trying to do in one generation
what we have done in this country in four
or five.
MUST BUILD NATION, FIGHT TOO
They are trying to build a nation while
fighting for their very existence. Either job
would be a tremendous undertaking and
they're trying to do both at once. The
French left them nothing. They even, as I
remember, took the light fixtures and the
plumbing out of the National Palace when
they left.
There are many Vietnamese, particularly
in the rural areas, who simply want to be
left alone. They are tired of war after
twenty years. They want to be left alone to
raise their rice and their children. They
want to pay taxes to one side. And they will
go with whichever side offers security and
peace and increasingly it is our side that
offers security and peace.
But there are enough Vietnamese for
want of a better word again) intellectuals
who have the dream, who know what they
want to do with and for their country to
make this effort of ours worthwhile.
One of the questions I'm asked is, "Do
the Vietnamese really us there?" The answer
to that has to be, "All things equal, no.
We brought inflation. It's very hard for an
Army officer or a civil servant or a person
on a fixed salary to exist in Vietnam today
on 50.
And this is true of a lot of those the conference table on their terms. They
youngsters out there, may have to come without it, because every
I just want to bring back a' report to you time they start massing for one of these
that they are doing a whale of a job and as big pushes, we know it well enough In ad-
long as this country can produce young men vance that we hit them before they're ready.
like that-men who rise to the occasion- We got them in AnLoc the other day again,
who are capable of (for 'Want of a better and they had to go back across the border
word) the heroics that these youngsters are, into Cambodia and if anybody tells you they
I don't think we have to worry too much are not using Cambodia as a sanctuary, I
about what lies ahead for us because the fu- think Sgt. Mjr. Woodridge and I are posi-
ture of this country is in their hands and tioned to say we know damned well they
it's in good hands! are because we've seen them coming both
ENEMY WELL ARMED AND EQUIPPED
Now about the enemy. I'm not going to
ways!
talk too long, I always say. I always do Not too long ago (Colonel Barton remem-
after I say it. I want to leave some time hers this) we had a young officer down on the
for questions. But what about the enemy? Delta, Capt. Towry from Georgetown, South
Well, he's good too. He's coming down across Carolina. The last time we saw him, he had
the parallel, down Ho Chi Minh Trail at the run out of ammunition. He was being pulled
rate of 7,000 to 10,000 a month. He's com- across the river, the Kai Kai River, into Cam-
ing down in division. size. He's well armed. bodia with his hands in the air. Two days
There are about 283,000 of them, I think, now later we found his body back in South Viet-
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August 31, 1966 CONGRESSIONAL RECORD - SENATE
because bringing in this influx of money and
men, sure, we've caused inflation. And we
have, to some extent, corrupted their youth,
MEN SHOW RESTRAINT
It's not surprising when you bring 300,000
healthy, young males in a country that has
as many beautiful women as Vietnam has,
that there is some fraternizing, and there
is. We haven't corrupted them as much as
we have a right to expect, really. Our men
have shown considerable restraint and I give
a lot of credit to General Westmoreland who
does nothing but preach on this subject most
of the time and whose preachings have gone
home.
There is one magazine out there in English
called "Vietnam Today" which actually com-
plains that our men are too well behaved,
that they don't think it's quite natural and
they wish they'd let their hair down more.
I don't know that this is quite true, but we
have-we have upset things. And there's
a clash in our culture.
The. Vietnamese are a very proud people
and they were a nation before we were
thought of. And they're proud of being Viet-
namese. Their literature and their history
mean a great deal to them and they, would
rather we weren't there.
UNITED STATES STILL WANTED
I only talk to that small fraction of Viet-
namese who speak English-I don't speak
any Vietnamese. So admittedly my contacts
are very restricted. But you'll sit down with
one of them and they enumerate their com-
plaints and they're frank with you.
You agree that these complaints are just
and well-taken and then you say "Well,
O.K., what do you want us to do? Leave?"
Oh, my God no. Not until this thing is won.
Not until we have a nation. Not until the
enemy is away and no longer among us. And
this is precisely what we want to do. This is
why we're there.
I have no apologies to make for what we're
doing in Vietnam. We are in Vietnam, and
let's be fair with ourselves and with every-
body, because our interests are engaged
there. We're not there because we're fine
fellows, really. We sometimes say that, but
I don't think even we are fooled.
We're there because the interests of the
free world, which we head, are engaged in
Vietnam. But we are incidentally doing a
very fine thing for a fine bunch of people
who deserve a lot better break than they've
gotten from history.
ALTERNATIVES IMMORAL
I'm not the least bit on the defensive
about what we're doing in Vietnam. There's
nothing immoral about what we're doing
there and I have yet to hear any alternatives
suggested which aren't immoral.
What are we going to do? Are we going to
pull out and abandon the Catholics, the
Cao-Dal, the Hoa-Hao, the five-hundred
thousand men and their families and the
army of South Vietnam, the civil servants,
the intellectual communities, the Buddhists
(a lot of the Buddhists are completely loyal),
are we going to abandon these people who
have voluntarily cast their lot with the West
and with freedom?
I think the answer to that has to be "'No."
We can't afford to because we've got to live
with ourselves. I've heard it suggested,
"Why don't we pull back to the Philippines
and make our stand there?" Do you think
the Filipinos would ask us? Think they'd
let us? Think they'd want us?
They would say, "Look, Buster, when we
saw what you did to these little people, the
Vietnamese, we know what your word means.
We've got to live out here because, geo-
graphically, here's where we're anchored.
But we'll make them deal with the only
power that exists out here, Communist
China, 'and you go back to Hawaii or San
Francisco and start digging your trenches
and dig them deep because sure as shooting
they're coming over after you."
WHAT ABOUT YOU BACK HERE?
Any argument about whether we should
or should not be in Vietnam now is academic.
We're there. This think can be brought to
a successful conclusion.
We have got to give it that extra effort,
and this brings me to a question I want to
ask you all and then I'll shut up. What
about you all back here? I'm not at all sure
since I came home that this country still
has what it takes to see this thing through.
I have been shocked and appalled since
I came home to find that one of the things
we're proudest of back here is that we're
able to wage this kind of a war in which a
hundred to a hundred-fifty fine young Amer-
icans are killed each week, every seven days,
without dislocating the civilian economy.
Well, what's so damned wonderful about
that? In my books, a civilian economy
ought to be dislocated. This is a war in
which apparently the only people to be dis-
accommodated are the youngsters who are
dying. They're willing to put their lives on
the line.
I have heard no valid reasons suggested
back here for not backing them up-except
that we're tired-we're weary-and we don't
understand it.
THIS IS A SHOWDOWN-FREEDOM OR SLAVERY
The issues to me are crystal clear. This is
a showdown, maybe not in the right place at
the right time, but it's still a showdown be-
tween our side and theirs-between freedom
and slavery, Democracy and Communism,
Sure we make mistakes and and we show
our mistakes on the front page, They make
mistakes and nobody ever knows about it.
Our mistakes we can correct. The Com-
mies' are set in concrete.
I believe we're going to see this thing
through. I hope we do, so we can continue
to be proud to be Americans, but it may be
that we don't and if we don't, they can take
it. They can have this world and they will
take it, and make it their kind of a world.
I said this the last time and I'll say it again.
If the Commies take it and if they make it
their kind of a world, they can have it be-
cause I wouldn't want to live In it.
Thank you.
IS SPACE PROGRAM MORE IMPOR-
TANT THAN OUR CHILDREN'S
NOURISHMENT?
Mr. PROXMIRE. Mr. President, this
year the administration's budget -con-
tained over $1,200 million for Apollo
spacecraft to be used in our moon pro-
gram. This would merely cover the
heavy development test and production
activity for space modules in preparation
for manned development flights on the
Saturn. 1B early next year and on the
Saturn V a year later.
Yet this amount of money could per-
mit $120 million a year to be spent on
the special milk program for 10 years.
Today the program is being short-
changed. It received only $100 million
in fiscal 1966. This has been increased
to $104 million by Congress for fiscal
1967 but even more is essential if we are
to adequately provide for the needs of
the Nation's schoolchildren. A minimum
of $110 million should be appropriated
for fiscal 1967 simply to allow a Fed-
eral reimbursement rate under the pro-
gram comparable to the rate provided
in past years.
20625
I intend to fight for such a $6 million
increase as supplemental appropriations
legislation comes before the Senate. We
must not be so hypnotized by the stars
that we forget to take care of the prob-
lems our Nation faces here on the planet
earth.
I do not oppose the space program on
the Apollo moon shot, This year I in-
troduced amendments to reduce some of
the marginal programs sponsored by the
space agency by cutting its spending back
by a half a billion dollars.
Nevertheless; a comparison of the cost
of the school milk program with one
limited part of the space program puts
the cost of this great health and nutri-
tion eff ort in perspective.
A TRIBUTE TO SENATOR
ROBERTSON
Mr. RUSSELL of Georgia. Mr. Presi-
dent, on Monday a signal tribute was
paid to our beloved colleague and friend
from Virginia, the Honorable A. WILLIS
ROBERTSON, in recognition of his long -
and distinguished career as a Member
of the Senate and the other body.
A group of his fellow Virginians,
headed by Lt. Robert H..Guy, of Lynch-
burg, presented the Senator with an
honorary life membership in the Ameri-
can Society of the Golden Horseshoe.
The society is a patriotic, nonpartisan
group of citizens founded by members of
the American Legion and dedicated to
the preservation of liberty as envisioned
by our Founding Fathers.
The name of the Society of the Golden
Horseshoe is derived from a significant
event in the early development of colo-
nial America, the discovery of the
Shenandoah Valley of Virginia by Gov.
Alexander Spotswood.
Accompanied by a small group of
friends, Governor Spotswood in 1716
made an arduous trip from his home,
"Germanna," on the banks of the
Rapidan River to the Blue Ridge Moun-
tains. The objective of the journey was
to explore the area west of the mountains
and to establish forts to protect the
frontier from an anticipated invasion by
the French and hostile Indians. Sep-
tember 1 will mark the 250th anniversary
of Governor Spotswood's discovery of
the beautiful Valley of the Shenandoah
which lies between the Blue Ridge and
the Alleghenies.
CORRECTION OF THE RECORD
Mr. BYRD of West Virginia. Mr.
President, the conference report on the
military construction authorization bill,
fiscal year 1967, at it appeared on page
19543 of the CONGRESSIONAL RECORD,
listed among the managers on the part
of the Senate, the distinguished junior
Senator from the State of Virginia,
HARRY F. BYRD, JR. This was an error,
inasmuch as it was I to whom the RECORD
had reference. Had the error appeared
in the Senate section of the . CON-
GRESSIONAL RECORD, I would have asked
unanimous consent to have the perma-
nent RECORD show the necessary Correc-
tion. However, the error appeared in the
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CONGRESSIONAL RECORD - SENATE August 31, 1966
House section of the RECORD. Conse- honor of serving for a longer period of years some knotty Parliamentary quently, I have talked with Mr. Lewis than the majority of legislators throughout selrv as al-
Deschler, House Parliamentarian, and he the history of our great Republic. Mr. Watkins' advice and counsel assured me that the permanent Before presenting this distinguished award ways unstintingly given to all senators
RECORD Will be corrected to show the to Senator ROBERTSON, and for the informa- and their staffs without Partiality or
name of ROBbeT eD t West the tion of those who are not too well acquainted favor to any particular political point of
name rather ERTnthe name of the Vir- with the basic philosophy and the inherent view.
ginia Senator, as a manager on the part c et of the Golden eHorseshoe ,gI would like earned His him the courteous ariendsh pao conduct
of the Senate. to emphasize that its preamble is the Con- with contact evd
f
I make this statement today to show stitution of the United States; that it is a wth whom he came in during
nri
g
that the permanent RECORD will be cor- national, non-profit, non-partizan orgrani- his long tenure in the Senate. He ap-
that to delete the error which appeared nation, comprising an official staff and mem- proached his job with the devotion and
re page delete of the CONGRESSIONAL bership of patriotic and dedicated Americans dedication that comes from an innate 19543 RECORD of August of 1966, who believe implicitly in the preservation sense of responsibility. He contributed
24, of the cardinal virtues of freedom that found incalculably to the traditions and herit-his return to
Gov- their
way ernorUpon Spotswood establishedb ng order torical 1 bertarian d ctumentss The Declara- age of the Senate as ody most delworl ,
called the Knights of the Golden Horse- tion of Independence; The Constitution of tive parliamentary bSy in the world,
shoe and presented a Golden Horseshoe the United States; buttressed by its Bill of and his compilationf Senate precedents
Rights
to each member of the
and the
a
d
is
t
l
,
p
r
a
equa
ministrationf
y who made
led only b Jff
o o our re-yeerson's manila
the tto the Shenandoah, Today, the publican form of Government as it was es-
the trek re an Society of the Golden Hnrco_ tablished and envisioned by our Founding Fathers. shoe continues the tradition established This dtsfAnv,,'-T-
PRAYER IN PUBLIC SCHOOLS
ask
those it honors with a horseshoe asf an of his ancestos owastinithe GovenorsSpoots- yYll unanimous usco o cnsenntt, , as I have President I for the e
emblem of membership. Accordingly, wood party that discovered the Valley of past several days, to place in the RECORD
the Senator from Virginia received the Virginia and whose expedition was later the prepared testimony Of witnesses who
symbolic horseshoe when he was made symbolized by a golden horseshoe. The for- appeared before the Constitutional
an honorary member on Monday. mer home on the Rapidan of Governor Amendments Subcommittee on the ques-
Mr. President, I know that every Mem_ Spotswood, called ' Germa.nna," was once tion of prayer in public schools. y Sena
N'S
dfather ber of the Senate joins me in extending o Wi hb all of to sho OBERTS insein m ndnand the Previous insertions the are as follows
con a on t ins onn the ask aunanimous a great American privilege Sand ta a Statesman, it
a grind ed an August 23, 24, 25, 26, 29 and 30. They
honored may be found on the following pages of
point in my remarks a statement by lire for me, as Virginia Divisional ]?resident the RECORD: 19427, 19594, 19612, 19706,
Lieutenant Guy on the presentation to representing the constituents and the offi- 19708, 19985, 20205 and 20284 re.pec-
Senator ROBERTSON. cial staff of the American Society of the tively.
Golden Horseshoe, to present to you, Sen- There being no objection, the testi-
There being no objection, the state- ator ROBERTSON, this distinguished award, mony was ordered to be printed in the
-ment was ordered to be printed in the a Life Membership Card, and the emblem of RECORD, as follows:
RECORD, as follows: our Society.
We have assembled here this afternoon, The presentation of this award, Senator STATEMENT TO THE SENATE SUBCOMMITTEE ON
not only to award a distinguished Life Mem- ROBERTSON, indicates our high regard for CONSTITUTIONAL AMENDMENTS BY THE REV-
bership Card, and the unique emblem of the YOU and our deep gratitude and appreciation EREND C. STANLEY LOWELL, ASSOCIATE DIREC-
American Society of the Golden Horseshoe, of your outstanding performance and ac- TOR' PROTESTANTS AND OTHER AMERICANS
b
ut also to pay tribute to
complishmen}
}
h
U
A..c
A?nc
A as a noble
NITED FOR SEPARATI
Virginia
Statesman, and a
great ca patriot, ginia, Statesman legislator, and STATE, AUGUST $, 1966
While we
wh
h
o
as served his great state and nation regret your forthcoming retirement fro
m the Any study conducted by the Congress in
with unusual honor and distinction in both United States Senate, we sincerely trust that the area with which the First Amendment
Houses of the United States Congress for in retirement you shall find great pleasure Is concerned should offer an occasion for the
more than a third of a century. in reviewing the fruits of your labors as one celebration of the Amendment itself. We
Senator ROBERTSON was elected to his seat of the nation's leading and esteemed legia- do well to recall that the First Amendment,
In the House of Representatives in 1933, fac- lators. We also hope that you shall be dealing with freedom of religion, is but one
Ing one of the most critical economic crises privileged to enjoy to the fullest extent the of ten amendments which cover many of
this nation has endured. During those many facets of your home life, and the out- the basic rights of man. This year marks
critical depression years, and until the pres- of-doors sports that you have been denied the 175th anniversary of the Bill of Rights
ent day, Senator ROBERTSON has never fal- during the third of a-century you have cou- and we appropriately mark the blessings of
tered in assuming the responsibilities of his rageously served your state and nation in the this immortal document.
office as they arose, nor has he tried to escape distinguished Chambers of the United States The first of these amendments guarantees
any task. Congress. We pray God's blessings will be the free exercise of religion and this free.
Many of us who have followed his Con- bestowed upon you and Inspire and preserve dom our People and our churches have en-
gressional career, recognize restraint, honesty you for many years to come, joyed for a century and a half. The virility
of purpose, integrity, ingenuity and courage of the religious enterprise in this country
as his inherent characteristics. These assets indicates that we have taken full advantage
have contributed much to his influence. DEATH OF CHARLES L. WATKINS, of this freedom.
Basic to the fr exercie of among.hs colleagues as well as to his numer- PARLIAMENTARIAN EMERITUS OF freedom to pray.ee indeed, th is Isreli ~he funda-
oil s achievements during his long and color-
ful political career, THE SENATE mental freedom which the First Amendment
I would like to remind the Honorable Sen- Mr. THURMOND. in its present form patently bestows. The
ator from Virginia that we recognize among Mr. President, I right of all our people to pray in their own
his many admirable traits, that he exercises join with my many colleagues in the Sen- Way is guaranteed to them and government
implicit faith in God and humanity, rcis ate in expressing my condolences to the is forbidden to make an law
nated with his ever abiding faith In the coordi- Con- family of Mr. Charles L. Watkins, who this. Congress y prohibiting no law-nor, stitutions of his state and nation, and the ou make as a
passed away on Monday of this week. result of the Fourteenth Amendment--can
cautious deliberation he has exercised in Those of us Who were fortunate enough any state or official body among its make a
making decisions on vital issues of a con- to serve in the Senate during the time law, which prohibits the free exercise of -
troversial nature and their consequential that Mr. Watkins served as the Parlia- in religion their . own The
pray
way, right as of and our when people they to wish,
effect on all facets of our national social and mentarian of the Senate feel a deep loss
economic life. could only be withdrawn by legislation en-
In the numerous capacities in which he on his passing. Mr. Watkins Was the abled as a result of an amendment to the
has served his state and nation in the Leese first official Parliamentarian the Senate Federal Constitution.
lative Department of our Government he ever had, and he set an example of obis- We should be very clear that no decision
has distinguished himself, with oustanding ity, decorum, and dedication that I trust of the Supreme Court has destroyed or out-
accomplishments and a dedicated service of will long be followed by his successors, lawed anyone's freedom to the highest quality, which accounts for his All of us had occasion to rely upon Supreme Court sought to do rwas ttoll the
government from requiring religious
tremendous influence and the high esteem knowledge of the Senate rules exercises in the public schools. Since the
and his hibit religious
e
of his colleagues, with whom he has had the expert advice in seeking a solution to right of the
people to pray has not been
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CONGRESSIONAL RECORD -APPENDIX August 31, 1966
1 EXTENSION OF REMARKS
U iN of
HON. EDNA F. KELLY
OF NEW YORIS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, August 31, 1966
Mrs. KELLY. Mr. Speaker, we who
hold elective office are mindful of the
deep concern and even anguish that ex-
ists among the American people over our
involvement In Vietnam. There are
some who loudly ;assert that the United
States Is bellicose and preoccupied only
with the military conquest of a distant
Asian country. What they choose to
ignore are the persistent efforts made by
our Government to enter into negotia-
tions with Communist North Vietnam.
Many of these efforts have been pub-
licized in the press and are readily avail-
able to anyone who is seriously inter-
ested In bringing a degree of objectivity
to a serious public issue.
It occurred to me that it would be de-
sirable for public enlightenment to have
readily at hand a chronology of the ini-
tiative taken by the United States in its
quest for a peaceful settlement of the
Vietnamese issue. Accordingly I wrote
Secretary of State Dean Rusk for such
a chronology. Under -leave to extend my
remarks, I am pleased to insert in the
RECORD the reply I received from Assist-
ant Secretary of State MacArthur, to-
gether with the list supplied by the De-
partment. Members will find it not only
Informative but persuasive.
The material follows:
IIEPARTMENT OF STATE,
Washington, August 26, 1966.
Hon. EDNA F. KELLY,
House of Representatives.
. DEAR MRs. KELLY: Secretary Rusk has asked
me to reply to your letter of August 12, in
which you ask 'about the number of requests
for Viet-Nam peace negotiations which our
Government had made in the past 4 years.
I am enclosing an illustrative chronology
recently prepared In the Department. It
lists efforts made by ourselves and others to
engage Hanoi in negotiations over the last 4
years. The list is not exhaustive, but it
catalogues the principal efforts made directly
or through the United Nations.
We have not attempted to tabulate the
number of peace requests which we have
made, They are continuous, since we lose no
opportunity to Indicate our desire for nego-
tiations or to scrutinize and to pursue the
slightest indication of any interest in Hanoi,
no mater how transitory. I can assure you
that the number of such efforts, ranging
from confidential diplomatic contacts to
major public attempts to bring about nego-
tiations, easily run into the hundreds,
I hope this information is useful to you.
If I can be of further assistance, please do
not hesitate to let me know.
Sincerely,
DOUGLAS MACARTHUR II,
Assistant Secretary for Congressional
Relations.
Enclosure "Document entitled "Negotia-
tion Attempts on Viet-Nani
NEGOTIATION ATTEMPTS ON VIETNAM
-Since' 1960, when North Viet-Nam sharply
intensified its attempts to take over the
government and people of South Viet-Nam
the United States and other governments
have made numerous efforts to reach a peace-
ful settlement of the interrelated disputes
In Southeast Asia. These efforts have been
undertaken through various channels and
over varying periods of time. Any one of
these overtures or initiatives might have led
to progress toward a peaceful settlement of
the Viet-Nam conflict had they met with
anything but rejection or silence In Hanoi
and Peiping, or with prompt violation of
such agreements as it was possible to reach.
July 1962: The United States participated
in the Geneva Conference on Laos and ac-
cepted an agreement providing for the neu-
tralization of that country. However, North
Vietnamese combat troops remained in Laos
in violation of the Agreement; this has not
only menaced the security of Laos, but has
facilitated the infiltration of North Vietnam-
ese personnel into South Viet-Nam through
Laos, also in violation of the Agreement.
May 1964: The UN Security Council con-
sidered a Cambodian complaint of South
Vietnamese armed incursions into Cam-
bodian territory. The United States and
South Viet-Nam suggested the establishment
of a UN-sponsored peacekeeping or observa-
tion group to stabilize conditions in the
border area. A Mission of the Security Coun-
cil visited Cambodia and South Viet-Nam and
reported to the Council that such a group
might well prove useful in this regard. Hanoi
and Peiping condemned even this limited UN
involvement in the Viet-Nam situation.
August 1964: The United States reported
to the Security Council on the North Viet-
namese torpedo boat attacks against US
naval vessels in international waters and
the defensive measures undertaken by the
United States. The United States supported
the Council's invitation to the Republic r f
Viet-Nam and the North Vietnamese author-
ities to furnish information to the Council
relating to the United Stat"s complaint.
The Republic of Viet-Nam indicated its read-
iness to cooperate fully with Security Coun-
cil. However, the North Vietnamese Foreign
Minister replied on August 19 (5/5907) that
the Viet-Nam problem was not within the
competence of the Security Council and
that his Government would be obliged to
consider any decisions by the Council as
"null and void."
February 20, 1965: The United Kingdom
proposed to the Soviet Union that the British
and Soviets undertake as Geneva Co-Chair-
men to explore the basis of a possible Viet-
Nam settlement with all the countries par-
ticipating in the Geneva Conference. The
United States supported this approach, but
the Soviet Union was unwilling to cooperate
in seeking the views of the parties concerned
regarding grounds for a settlement.
April 1, 1965: Seventeen non-aligned na-
tions delivered an appeal for a peaceful solu-
tion In Viet-Nam through negotiations with.
out preconditions. The United States on
April 8 replied welcoming this appeal and
indicating our agreement with its principles,
North Viet-Nam rejected it, characterizing as
"inappropriate" any approach other than
that based on its own preconditions, includ-
ing the prior withdrawal of U.S. forces and
acceptance of the program for South Viet-
Nam of the Hanoi-dominated National
Liberation Front.
April 7, 1965: Speaking In Baltimore Presi-
dent Johnson stated that the United States
was prepared to enter into "unconditional
discussions" with the other governments
concerned in the Viet-Nam problem. The
response from Hanoi and Peiping was to label
this proposal as a "hoax" and a "big swindle."
April 1965: It was reported that the UN
-Secretary General U Thant might visit cer-
tain capitals, including Hanoi and Peiping to
discuss the prospects for a peaceful settle-
ment in Viet-Nam. The United States con-
sistently has supported an active peacemak-
inging role by the Secretary General. How-
ever, the People's Dally, official organ of the
Peiping regime, reiterated that "the Viet-
Nam question has nothing to do with the
United Nations * * * no meddling by the
U.N. Is called for nor will it be tol-
erated * * *." Hanoi stated that any ap-
proach tending to secure UN intervention in
the Viet-Nam situation was "inappropriate."
April 1965: The British Government sent
a distinguished statesman, Patrick Gordon-
Walker, to visit interested countries and ex-
plore once again the basis for a settlement in
Viet-Nam. Although he was able to visit a
number of countries in Southeast Asia, Pei-
ping and Hanoi declined to receive him.
April 1965: The Indian Government put
forward a proposal for the cessation of hos-
tilities by both sides, the policing of borders
by an Afro-Asian patrol force, and the main-
tenance of present boundaries in Viet-Nam
so long as the Vietnamese people desire. The
United States received this proposal with
interest and has discussed it with the,Gov-
ernment of India. Hanoi and Peiping have
rejected the proposal.
May 13-17, 1965: The United States sus-
pended its bombing operations against North
Viet-Nam. This suspension was made known
to the other side to see if there might be a
response in kind. Instead, this effort for
peace was denounced in Hanoi as a "worn-
out trick" and in Peiping as a "swindle."
This harsh reaction was fully known before
the air operations were resumed.
June 1965: The Canadian representative on
the International Control Commission for
Viet-Nam discussed the possibilities for peace
with representatives of the North Vietnamese
government in Hanoi. The Canadian Foreign
Minister concluded as a result of these talks
that his country's peace overtures had not
gained the support of North Viet-Nam and
Communist China.
June 1965: The Prime Ministers of the
Commonwealth nations initiated a plan for
a special Mission to visit the capitals of the
countries involved to "explore the circum-
stances in which a conference might be held
to end the fighting in Viet-Nam." The
United States and South Viet-Nam immedi-
ately welcomed the Commonwealth initiative.
Peiping's response was to call Prime Minister
Wilson a "nitwit making trouble for him-
self"; Hanoi apparently rejected the proposed
visit in a broadcast on July 1.
June 25, 1965: Speaking in San Francisco
on the occasion of the 20th Anniversary of
the signing of the UN Charter, President
Johnson called upon members of the United
Nations, "individually and collectively, to
bring to the table those who seem deter-
mined to make war.- We will support your
efforts, as we support effective action by any
agent or agency of these United Nations."
July 9-13, 1965: Mr. Harold Davies, a
junior Minister of the British Government,
visited Hanoi during this period to explore
the willingness of the North Vietnamese gov-
ernment to receive the Commonwealth Mis-
sion referred to above. Prime Minister Wil-
son reported on July 15 that Mr. Davies was
unable to obtain any agreement by Hanoi
to receive a Commonwealth Mission and
found a conviction among- the North Viet-
namese that their chances of victory were too
imminent to induce them to forsake the
battlefield for the conference table.
July 28, 1965: President Johnson, in a let-
ter to UN Secretary General U Thant, reit-
erated his hope that "members of the UN,
individually and collectively, will use their
influence to bring to the negotiating table
all governments involved in an attempt to
halt all aggression and evolve a peaceful
solution."
July 30, 1965: In a letter to the UN Security
Council President, U.S. Ambassador Arthur
Goldberg noted that responsibility to per-
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sist in the search for peace weighs especially January 12, 1966: The North Vietnamese A New U.S. Judicial System
upon the Members of the Security Council. Army paper Quan Doi Nhan Dan declared
Ambassador Goldberg continued that the that it was "absurd" that "other proposals" EXTENSION OF REMARKS
United States stands ready, as in the past, like the US fourteen points on Viet-Nam be
OF
to collaborate unconditionally with Members discussed. If the US accepts the Geneva HON. WILLIAM L. HUNGATE the RV four
of the Security Council the search for agreements,
which are their sum and substa ce,
acceptable formula la to to restore peace and secu- points, MISSOURI
rity in Southeast Asia. The United States, the paper said. THE HOUSE OF REPRESENTATIVES
he said, "hopes the Members of the Council January 13, 1966: Following a meeting be-
somehow find the means to respond effective- tween Algeria's President Boumedienne and
ly to the challenge raised by the state of the NFLSV news agency representative inr Algiers, e that the August 31, 1966
affairs" in that area. official Speaker, at the
ourUNGATE. Fe Mr. deral judicial Speakersystem
August 2, 1965: The Indian Yugoslav com- the NFLSV has rejected US peace offers made Mr. . HUNGATE.
munique calling for a conference on Viet- through intermediaries. present time i somewhat akin e the l weather-almo
Nam met with condemnation by NHAN DAN February 15, 1966: The North Vietnamese Criticizes of the Tito-Shastri talks and a personal Ambassador the Somali Cairo op said for Hanoi Afrocould not ee v r anything about it, but no one seems
North Vietnamese attack on Tito. accep
t The important question of whether or
said President 4, 1965: A Nhan 'p commentary committee of good offices and p a conference
implementation not a right to appeal should exist when-
said President Johnsoons 's approval l to to third on n Viet-Nam because its im leme ntation
party peace initiatives in Viet-Nam aimed amounted to interference in internal Viet- ever a State deprives a citizen of a con-
at misleading an unwitting public; it de- d to and Shastri as "accomplices namese 21i 1966: The NFLSV spokesman in stitutional right, is, I think, well cansid-
ered in the article submitted herewith by
the US' US, and said UN efforts to bring peace e appeal denied Thant, calling itaa se9 iceato a diligent Missouri lawyer, J. Ward ]3ris-
in uViet-Nam gust 24, 6ewould: fail. coll, writing for the Missouri Bar Journal
A 1naam mese APeermbas- Lord "US March imperialism."
Brockway kway said the North Vietnamese 31, , 1966: Vietnamese Workers Party under the title of "A New U.S. Judicial
sador in Moscow and the Front representative First Secretary Le Duan told the 23rd Con- System" :
. . JUDICIAL SYSTEM
had told him withdrawal of US troops was dress of the CPSU that the "only using "false A NEW U.S
(By J. Ward Driscoll, Clayton)
not a pre-condition to negotiations. The diplomatic tricks" and "only paying lip ip
two Vietnamese issued denials. service April 7 to and 8, peace." 1966: The North Vietnamese I
October and, UAR In interviews
delegation, with organs Nhan Dan and Hoc Tap reiterated Suppose a state deprives one of a right
Mainichi etnamese and a Premier press delegat, tedthat the four points represent Hanoi's funda- given in the United States Constitution.
eehad no tent tioion of ne Van Dong stated t mental position, that they must be accepted Does one have the right to invoke the
Vi
U had under present u mantes. g with the in toto, and that they cannot be mixed up government of the United States and to en-
November ovembe 4, 1 1965: Nhan antes Dan . November 4 with the US fourteen points. force the United States Constitution against
d Tcall fa ha
rejected Tito's it for halt in US bombing April 20, 1966: Takechiyo Matsuda, Japa- the state?
of North Viet-Nam, implementation of the nese LDP member, stated Ho Chi Minh re- The Judiciary Act of 1925 in effect says
1954 agreements and an invitation to the jected his proposal to visit Hanoi in a private that the answer is no-that one does not
' FLSV to join talks. capacity to discuss peace prospects. Ho said have such a right.
November 17, 1965: Ho Chi Minh told eight the time was not right. This writer believes the answer is yes-
American Nobel Prize winners who had writ- April 23, 1966: A Hanoi radio commentary that such a right is given in the Constitu-
ten him soliciting his views on a Viet-Nam described Senator MANSFIELD'S April 18 pro- tion.
posal (that the US, Hanoi "elements in South Art. III of the Constitution provides that
settlement that US declarations
"but deceitful its talk- Viet-Nam" meet at a peace confernce in "the judicial power shall extend to all cases,
incaess to negotiate are decei from ka some Asian country) as a "fraudulent trick in law and equity, arising under this con-t position of poncy i , ." He said the from DRV a designed to deceive public opinion and to stitution . . ." and that the "judicial power
position of strength .. He said justify . war expansion." The White of the United States shall be vested in one
tour points represent the "most correct way House and the Department of State had Supreme Court and in such inferior courts
to a cmbe 9, 1965: London endorsed the Mansfield proposal. as the Congress may from time to time ordain
December 1, North Lo Vietproposed a 12 May 5, 1966: An article in the Hanoi weekly and establish."
nation appeal tg No-Nam settlement. e tthe "Viet-Nam Courier", noting White House So, it seems elementary that if a state
Con-
fighti ng and neotiat a peaceful endorsement of the Mansfield proposal, said deprives one of a right given that in the. Con-
December Viet- 17 Nam rejected Foreign the Ministry statement in ac a the US has "put forward nothing new" and
"does not want to negotiate at all." stitution, that then one would have a case
December arising under the Constitution, and, since
cusi of onxngone British in attempting to provide June 14-22, 1966: Canada's Ambassador Art. III assures one that the judicial power
cDecem s for 18, 1 inter (North) in Viet-Nam. .June Ronning arrived in Hanoi June 14 to of the United States extends to all such
December me A (North) review North Viet-Nam's position on the
cases, that one would have the right to
News Agency commentary on the La Pira- Viet-Nam question. A Department of State invoke the government of the United States
that spokesman announced June 22 that Ronning and to enforce the Constitution against the
Fanf "ssheeheer,ni groundless negotiating o 'fabrications tions initiative" reports described as
"ndles had found Hanoi's attitude the same as it state
Hanoi was putting out peace feelers and said was in Ho Chi Minh's January 24 letter. A Why then is it that the Judiciary Act of
the four points are the only basis for settle- June 22 commentary on the North Viet- 1925 says then effect that the one does not have Nam meet b the 19, 965 problem, namese paper Nhan Dan described recent
North such a right?
December 19, : Nhan Dan and the US statements on American readiness for a
mination n Vietnamese 965e Army's QupDoi Nhan peace in Viet-Nam as efforts to deceive pub- This writer believes that it is a result of both carried expressed deter- lic opinion. misinterpretation of another paragraph of
urnattion ion to "frustrate the US peace talks July 17, 1966: Ho Chi Minh, in a public Art. III, to wit:
scheme." address, denounced the US "peace talks "In all cases affecting ambassadors, other
Paul VI publicly windle" and said there was no alternative public ministers and consuls, and those in
December cappealed y d for a truce for a t season nd Christmas,
Nam m during ring the to the North Vietnamese four and NFLSV which a state shall be a party, the Supreme
in efforts VVitet-orss s
five points. Court shall have original jurisdiction. In all
he, all parties parties a to similar appeal move toward appeal to negotiations; ; July 19, 1966: Indian Prime Minister the other cases before mentioned, the Su-
through e Indira Ghandf on July 7 made a detailed preme Court shall have appellate jurisdic-
charging that Chi Minh lead- - proposal for negotiations within the frame- tion, both as to law and fact, with such ex-
pliedh with a message private
rs "want a war and not pce" that talk work of the Geneva agreements and proposed ceptions and under such regulations, as the
ors "want war dnpeace" that a reconvening of the Geneva Conference. Congress shall make."
about "unconditional l negotiations" is a a
"maneuver to cover plans for further The North Vietnamese Army paper July 19 in This paragraph refers to which cases the "war intensification n and d extension:" an article signed "Commentator" offered a Supreme Court will hear in the first instance
January, 1966: The US continued until detailed rebuttal rejecting the main fea- and which cases it will hear on appeal. As
January 31 the pause in bombing of North tune proposal, though not mentioning it by is seen in the last sentence of the paragraph,
Congress is given the authority to determine
Viet-Nam initi at C, and Williams ts- July 23, 1966: A Nhan Dan commentary which cases will be heard on appeal in the
patched Governors Harrihristmasman andadeclared that the DRV's four points tom- Supreme Court. on missions and Ambassador Goldberg Hanoi for n oo an indivisible whole and it said there Pursuant to this authority, Congress in
seek diplomatic channels to Hanoi for sego- prise
tiations and to explain in the US position. is "no alternative" to the DRV and NFLSV 1789, the year the Constitution went into e -
Hanoi steadily debunked US peace efforts four and five point positions. Suggestions fect, provided that when the highest court
throughout this period and wound up re- for a reconvened Geneva conference, it de- of a state has ruled in a matter which in-
jecting them in a letter of January 24 from Glared, "do not deal with the basic prob- volved the exercise of authority by the state
isms." on the ground that it was repugnant to the
Ho Chi Minh to chiefs of state.
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1Y4~14
CONGRESSIONAL RECORD -- APPENDIX August
Constitution, the party could appeal directly
to the Supreme Court.
This provision of the 1789 law remained
in effect until changed by Congress in the
Judiciary Acts of 1916 and 1925.
In an effort to limit the expanding num-
ber of appeals from the state courts to the
Supreme Court and to effectuate the pur-
poses of the 1916 Act, the Justices of the
Supreme Court, under the- leadership of
Chief Justice Taft, prepared a bill and pre-
sented it to Congress? Known as the Judges'
Bill, it was passed by Congress in 1925 and
is the law today.
This Judiciary Act of 1925 divided the con-
stitutional cases involving the states into two
categories--those cases where the state In-
fringement of the Constitution is in the
form o the state statute itself and those
cases here the state infringement of the
Constitution takes a different form.
As regards the first category, the act pro-
vides that a party still has his right of appeal
from the highest state court to the Supreme
Court.
As regards the second category, the act
takes away one's right of appeal. In its place
is substituted a proceeding by certiorari.
Certiorari means that it is completely dis-
cretionary on the part of the Supreme Court
as to whether it will hear one's case or not.
All one can do is to request the Supreme
Court to hear the case. One no longer has
the right to be heard. The Supreme Court
might well agree that a state has deprived
one of a right given in the Constitution, but
still refuse to hear the case.
Congress has the authority to determine
that a case need not be heard by the Supreme
Court. But it is this writer's belief that
Congress does not have the authority to de-
termine that a case arising under the Con-
stitution need not be heard by any court of
the United States and that is exactly what
Congress has done.
The judicial power extends to all cases
arising under the Constitution. This ju-
dicial power is vested in the Supreme Court
and in the inferior courts of the United
States. Therefore, if one has a case aris-
ing under the Constitution, one is entitled
to be heard by either the Supreme Court or
one of the inferior courts of the United
States. It is for Congress to determine
which court will hear one's case.
Could Congress ordain and establish the
state courts as the inferior courts of the
United States?
In Houston v. Moore, 5 Wheat. 1, (1820),
the Supreme Court ruled that the state
courts could not be made the inferior courts
of the U.S. and that Congress has no power
to confer jurisdiction on any court not
created by it.
II
The following analogy might be helpful.
Suppose a' baseball game is going on.
The score is 1 to 0. The team that is
losing is at bat in the last of the ninth
inning. The bases are loaded and there are
two out. The count is three balls and two
strikes.
The pitcher winds up and throws. The
batter doesn't swing. All eyes are on the
umpire to see if the pitch was a ball or a
strike.
Then a strange thing happens. The
umpire announces that he is not going to
call whether it was a ball or a strike, but
he is going to let the pitcher call whether
it was a ball or a strike.
The pitcher says it was a strike. The
game is over. The pitcher's team is the
winner.
What if one's child was the batter and
the pitch was over his head?
How could one ever explain to him what
Footnotes at end of speech.
had happened? One would never be 'able
to convince him that there was any fairness
or sportsmanship connected with such a pro-
ceeding.
When a state takes away a right given in
the Constitution and the Supreme Court
refuses to hear the case and leaves the mat-
ter up to the state, it is similar to the umpire
refusing to call the pitch and letting the
pitcher call whether his own pitch was a
ball or a strike.
III
Cases construing the constitutionality of
the taking away of one's right to be heard
would have to date from those two Judiciary
Acts, but there seem to be none on the
subject.
In reviewing cases prior to those acts it
seems that there has always been at least
one hearing in a court of the U.S., when the
case came within one of the specified classes
in the Constitution.
This is true of Ex Parte McCardle, 6 Wall.
318 and 7 Wall. 506, which is referred to as
11. . the ultimate in sustaining Congres-,
sional power over the (Supreme) Court's ap-
pellate jurisdiction .3
The jurisdiction of the Supreme Court was
taken away, but there remained jurisdiction
in the Circuit Court, where McCardle re-
ceived a hearing.
Such cases as Turner V. Bank of N. Amer-
ica, 4 Dall. 8, and Sheldon V. Still, 8 How. 441,
are cited as examples of Congressional power
over the jurisdiction of the inferior courts.4
Denied trial in the inferior courts, the
parties in these cases could have conceivably
prosecuted their cases in the state courts and
then appealed to the Supreme Court.
In Cary v. Curtis, 3 How. 245, it is stated
that Congress by the Act of 1839 "has made
the head of the Treasury Department the
tribunal for the examination of claims for
duties said to have been improperly paid."
In :1962 in the Glidden case, 82 S. Ct. 1459,
Justice Harlan refers to this case, 1. c. 1472,
note 21:
"As for Bakelite, its reliance on Cary v.
Curtis for the proposition that disputes over
customs duties may be adjudged summarily
without recourse to judicial proceedings, ap-
pears to have overlooked the care with which
that decision specifically declined to rule
whether all right of action might be taken
away from a protestant, even going so far as
to suggest several judicial remedies that
might have been available."
There is, however, a question inherent in
the line of cases, represented by Cary v. Cur-
tis, namely--Can Congress create! Art. I
courts to take the place of Art. III courts? I
It is seen that this question is basically the
same as the question-Can Congress provide
that no court of the U.S., created pursuant to
Art. III,? need hear a case arising under the
Constitution?,
The answer to both questions is no.
Iv
The underlying concept of the powers of
Congress seems to stem from a misinterpre.
tation of Art. III, Sec. II, par. II, and in par-
ticular from the application of the word "ex-
ceptions."
The Supreme Court shall have appellate
jurisdiction, both as to law and fact, with
such "exceptions" and under such regula-
tions. as the Congress shall make.
The Federalist papers, Nos. 80 and 81, refer
to this subject of "exceptions."
Federalist paper No. 80 discusses the
classes of cases to which the judiciary au-
thority of the U. S. is to extend:
"From this review of the particular powers
of the federal judiciary, as marked out in the
Constitution, it appears that they are all
conformable to the principles which ought
to have governed the structure of that de-
partment, and which were necessary to the
31, 1966
perfection of the system. If some partial
inconveniences should appear to be con-
nected with the incorporation of any of
them into the plan, it ought to be recol-
lected that the national legislature will have
ample authority tomake such 'exceptions'
and to prescribe such regulations as will be
calculated to obviate or remove those incon-
veniences." I
. A reading of No. 81 is necessary to ascer-
tain the precise meaning of the above quota-
tion from No. 80. In that quotation the
word "inconveniences" appears twice..
Federalist paper No. 81 develops what
those "inconveniences" are:
"We have seen that the original jurisdic-
tion of the Supreme Court would be confined
to two classes of causes, and those of a na-
ture rarely to occur. In all the other cases
of federal cognizance, the original jurisdic-
tion would appertain to the inferior tribu-
nals; and the Supreme Court would. have
nothing more than an appellate jurisdiction,
'with such "exceptions" and under such
"regulations" as the Congress shall make.'
"The propriety of this appellate jurisdic-
tion has been scarcely called in question in
regard to matter of law; but the clamors has
been loud against it as applied to matters
of fact.
"The following train of ideas may well be
imagined to have influenced the convention
in relation to this particular provision The
appellate jurisdiction of the Supreme Court
(it might have been argued) will extend to
causes determinable in different modes, some
in the course of the common law, others
in the course of the civil law. In the
former, the revision of the law only will be,
generally speaking, the proper province of
the Supreme Court; in the latter, the re-
examination of the fact is agreeable to usage,
and in some cases, of which prize causes are
an example, might be essential to the pres-
ervation of the public peace. tI is there-
fore necessary that the appellate jurisdic-
tion should, in certain cases, extend in the
broadest sense to matters of fact. It will not
answer to make an express exception of cases
which shall have been originally tried by
jury, because in the courts of some of the
States all causes are tried in this mode; and
such an exception would preclude the revi-
sion of matters of fact, as well where it might
be proper, as where it might be improper.
To avoid all inconveniences, it will be safest
to declare generally, that the Supreme Court
shall possess appellate jurisdiction both as
to law and fact, and that this jurisdiction
shall be subject to 'exceptions' and regula-
tions as the ntaional legislature may pre-
scribe." 8 -
So, it is seen that these exceptions were
intended as possible limitations on the re-
view of facts and were not intended as a lim-
itation on the review. of law and were not
intended to authorize Congress to provide
that no court of the U. S. need hear a case
arising under the Constitution.
Congress can constitutionally solve the
problem of too many appeals from the state
courts to the Supreme Court in cases arising
under the Constitution by providing that
the inferior courts, which Congress has
created, shall hear the appeals from the state
courts.
Federalist paper No. 82 is testimony that
this solution is in accord with the Constitu-
tion: "And this being the case, I perceive at
present no impediment to the establishment
of an appeal from the State courts to the
subordinate national tribunals; and many
advantages attending the power of doing it
may be imagined." 0
An appropriate summary of the case is con-
tained in the same Federalist ' paper: "The
evident aim of the plan of the convention
is, that all the causes of the specified classes
shall, for weighty public reasons, receive their
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