TOWARD THE PEACE TABLE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000400100018-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 30
• Document Creation Date: December 16, 2016
• Document Release Date: June 21, 2005
• Sequence Number: 18
• Publication Date: August 8, 1966
• Content Type: OPEN

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August 8, 1966 CONGRESSIONAL RECORD - APPENDIX A4177
scouting activities, rather than previous em-
ployment as teachers. Corpsmen are taught
not only the three Rs but sex education,
how to be the head of a family and how to
apply for a job.
An attempt is made to make the environ-
ment as unlike a school room as possible.
Students sit with the teacher around large
tables. Small groups talk with the teacher
while others work at their own pace on pro-
grammed teaching materials. Smoking is
permitted in class.
In its first months, only 30% of the cen-
ter's enrollees were Negroes. Following a na-
tional trend, this has climbed to 47% Negro,
37% white, and the other minorities such
as American Indians and Orientals.
Gene Cox, a former Los Angeles County
probation officer and forestry camp super-
visor who is chairman of counseling, secu-
rity and safety at the center, explains that
there are several reasons for the racial shift.
The main reason for the change, Cox said,
is that there is less turnover among the Ne-
groes because life at the center is a big step
up from what they have known.
The basic training period is one year. Most
Negroes are staying on for a full year and
enthusiastic about enrolling in an optional
second year.
"The more capable corpsmen here will be
Negroes because they appreciate the life
more," Cox said, "Whites who equal their
ability can more easily find jobs in industry
without joining the corps."
Other factors in the racial shift: the white
corpsman Is more inclined to drop out dur-
ing the first 30 days because he usually is
from a rural area and apparently more sub-
ject to homesickness than the city-oriented
Negro, and the white southerners resent mix-
ing on an equal footing with Negroes.
Acceptance of the trainees in the nearby
communities of San Ramon, population 18,-
000; Pleasanton, 6,000, and Livermore, 20,000,
has not been overwhelming.
"We've had a certain amount of trouble
with job corpsmen involved in burglaries,
thefts, fights and drinking, but it hasn't
been a drop in the bucket compared to what
they have at some Job Corps centers back
east," said Capt. Tom Houchins, commander
of the Alameda County sheriff's station which
patrols San Ramon, a new housing develop-
ment only two miles from the camp.
V,)
Toward the Peace Table
EXTENSION OF REMARKS
OF
HON. G. ELLIOTT HAGAN
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Monday, August 8, 1966
Mr. HAGAN of Georgia. Mr. Speaker,
the Government's decision to turn loose
our airpower on North Vietnam's oil
facilities has not altered the objective of
our military campaign in Vietnam.
As has been the case all along, we were
attempting to apply the pressure needed
to force the Communists to come to their
senses and join us at the peace table.
This has been a dominant theme in
many of the newspaper articles which
support the bombing of oil targets near
Hanoi and Haiphong.
Unlike the enemy guerrillas and terror-
ists, we have resolved to spare civilian
populations. Our intention to wear down
the Communists' ability to continue their
aggresssion has been made clear.
South Vietnam must be guaranteed
the right to carry on by itself, immune
to subversion or attack. That is our ob-
jective. And we are detemined to pursue
it by the necessary application of re-
strained power.
In this determination there has been
overwhelming support from the Nation's
press. I have attached here, for the
RECORD, four editorials lauding our aims
in Vietnam, which appeared in the State
of Columbia, S.C., Chicago Sun-Times,
Indianapolis Star, and Dallas Times
Herald. However, when I read as I did
today about the loss of seven of our finest
aircraft and crews, and that all or even
a part of these could have been -lost
due to a more sophisticated SAM II
which the North Vietnamese are being
provided by the Soviet Union evidently in
great enough quantities that they fired a
reported near record of 24 yesterday,
then we have an urgent requirement to
reevaluate our relations with the Soviet
Union. There have been reports that
only individual "volunteers" have been
engaged in the fighting and that only
materiel assistance was being provided
by the government. A UPI dispatch
from London quoted by the distinguished
columnist, David Lawrence, revealed
that:
Authoritative sources there said the Soviet
bloc was readying major consignments of
missiles for North Vietnam and of experts
to install or possibly even to operate them.
Should not we assume that both the
Soviet Union and Communist China are
beginning to behave in the manner that
they did when during the Korean situa-
tion we found so many Soviet and Chi-
nese participating in the ground and air
battles that it gave a lie to the title of
"volunteers," or were they "volunteers
by coercion?" And I find it difficult to
conceive the SAM II's, which are the lat-
est in antiaircraft defense, are entirely
crewed by the North Vietnamese. It is
apparent that when we lose as many as
seven of our latest type fighting aircraft
in one day, and a total of 120 fixed-wing
aircraft in the campaign, that we need
to reset our sights and either adopt some
strategy which is going to preclude such
future losses or we spell out in very plain
everyday language to both the Russians
and Chinese that if they insist on assist-
ing the aggressor in this case, then they
must be prepared to face the conse-
quences.
In an article published in the August 8
edition of the Evening Star under the
byline of Richard Fryklund it is pointed
out that the North Vietnamese can con-
tinue the war indefinitely at its present
pace, according to separate U.S. Army
and Marine studies. And this further in-
dicates that the strength of the American
manpower should be upped to 750,000
men or more. Such a buildup would then
require the mobilization of reserves and
shift of troops from Europe. Yet, on the
other hand, the Department of Defense
denies that such studies exist. The big
question is: Where do we go from here,
the reported studies and the DOD not-
withstanding? Are we going to continue
to absorb such beatings in the air? Are
we to be so wishy-washy that we cannot
stand up to the two Communist touts
who insisted on forcing Ho Chi Minh's
actions and are without doubt now as
much involved as they were in the
Korean fiasco?
I have long advocated that this war
should be ended at the earliest practical
date. I wish to make another plea on
behalf of all the fine people of my dis-
trict and the Nation as a whole that this
was to be given every possible considera-
tion to insure positive action and the
most precise military decisions to achieve
this most sought-after objective. As the
Indianapolis Star said:
Let us smash every strategic military target
in North Viet Nam that we can hit, let us
bring this war to an end!
The articles mentioned follow:
[From the Dallas (Tex.) Times Herald,
July 1, 19661
HANOI BOMBINGS NECESSARY
The bombing of oil depots in Hanoi and
Haiphong is another deliberate and neces-
sary application of restrained power by the
United States in its effort to weaken the
North Vietnamese and to convince He Chi
Minh that we mean to end the war through
either military power or negotiation.
President Johnson has obviously long con-
sidered the bombing of these important
North Viet Nam centers and the matter of
timing was his to decide, based on all the
facts of the war and the chances of obtain-
ing any glimmer of hope that negotiations
might be started.
With American dead in the Viet Nam war
now past 4,000 and the casualties of last
week alone totaling 131, the American people
will rally behind the decision to carry the
war vigorously to the north.
Reaction to the bombings is along pre-
dictable lines: cheers from the hawks, jeers
from the doves. The hawks lament only
that the bombings were so long delayed
while the doves wring their hands and worry
that the bombings will make it more difficult
to entice the North Vietnamese Into nego-
tiations.
The North Vietnamese have made it clear
that they don't yet intend to negotiate.
The United States and South Viet Nam must
therefore continue to increase the pressure,
to turn the screw more and more until the
Communist world is forced to give up the
.aggression on South Viet Nam.
The thrusts against Hanoi and Haiphong
are baldly described as an escalation of the
war and unmistakably increase the danger
of retaliation by Red China, either through
air support or ground action. It is a risk
we must take.
The decision of British Prime Minister
Harold Wilson to disassociate his country
from the attacks was expected but still
rankles. Even if the United States cannot
obtain military support from the British, we
should be able to expect a few kind words.
We should also demand that Britain and
other allies halt the use of their ships in
carrying supplies to North Viet Nam ports.
They must know now that those ships run
the risks of war-and that includes aerial
bombing.
Defense Secretary McNamara made a so-
ber and realistic assessment of the bombings
when he said that we have two aims: to
make North Viet Nam's infiltration of South
Vietnam more costly and to save the lives
of Americans and their allies fighting in
South Viet Nam.
We hope the continued bombings of oil
depots and ports will hasten the day when
the North Vietnamese will be ready to talk
peace.
[From the Indianapolis (Ind.) Star, July 1,
1966]
HIT THEM AGAIN!
The United States' bombing of Communist
oil depots in the Hanoi-Haiphong area is
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CONGRESSIONAL RECORD - APPENDIX August 8, 1966
good news for most Americans. There is
only one way to win a war-that is to hit
and hit hard and defeat the enemy.
The "limited war" against the Communist
invaders of South Viet Nam is costly in
money and life. It is morally abhorent to
many Americans, because we do not seem to
be fighting to win.
The United States should destroy the ca-
pacity of the enemy to fight. That is the
objective of any war. It should be for this
one.
Let us smash every strategic military tar-
get in North Viet Nam that we can hit. Let
us bring this war to an end!
[From the Chicago (Ill.) Sun Times, July 1,
19661
THE SANCTUARY SHRINKS
Given the rejection of offers to negotiate
and the continuing escalation of the war by
North Viet Nam, the bombing of the fuel
dumps at Haiphong and Hanoi was inevit-
able. The military reasons for shrinking the
sanctuary enjoyed by those two cities was
sound, as Sec. of Defense. Robert S. Mc-
Namara pointed out. North Viet Nam, he
said, is shifting its effort from a "small-arms
guerrilla action against South Viet Nam to a
quasi-conventional military operation."
Since North Viet Nam has no railroad lines
to supply its forces in South Viet Nam it
must use the sea and trucks. If the fuel to
keep those supply lines open is destroyed the
ability of North Viet Nam to continue to
escalate the war should be sharply reduced.
The political reaction to the U.S. air
strikes was predictable. However, there is
little in any of the criticism voiced by some
U.S. allies, or others, that suggests the crit-
icism was made hurriedly, as a reaction to
the rapids. Rather, the statements deplor-
ing and castigating the raids were carefully
put, suggesting that the United States had
taken care to warn its allies-and perhaps
others-that the raids were coming.
It is significant that in the criticism, both
from within the United States and from its
allies, there is much regard for the possible
loss of life that might be suffered 'in North
Viet Nam as the bombing raids move closer
to heavily populated areas. However, few
if any of the critics lament the thousands of
South Vietnamese civilians who have been
slaughtered by North Viet Nam's guerrillas
and troops, the. thousands of casualties
America has suffered or the unassailable :fact
that North Viet Nam has mounted an unlaw-
ful aggression against a neighboring nation.
It is significant, also, that the member na-
tions of the Southeast Treaty Organization,
five of which live close to the edge of the
Communist knife, recognized in their an-
nual meeting this week that the situation in
Southeast Asia (and South Viet Nam) "is
the most dangerous in the world." The
SEATO council (with the exception of
France) has promised to increase military
and economic assistance to defeat the Com-
munist attack against South Viet Nam
which it said was "in flagrant violation of
the Geneva agreements of 1954 and 1960."
The widening of the war effort against
North Viet Nam follows, as did other U.S.
countermeasures, a progressive escalation on
the part of North Viet Nam and a continued
rejection by Hanoi of all overtures to nego-
tiate an end to the conflict. It should also
serve notice on Hanoi's leaders and their
Communist masters that the conference
table is the only alternative to utter defeat.
[From the Columbia (S.C.) State, July 1,
1966]
GET ON WITH ITI
The bombing of fuel depots near the North
Vietnamese cities of Hanoi and Haiphong has
been long overdue. It may signal a new
determination in Washington to win the war,
not just to prolong it.
As might have been expected, the stepped-
up war effort has brought anguished outcries
from American "doves" ("pigeons" is the
better word) and lamentations from such
"world leaders" as Great Britain's Prime
Minister Harold Wilson.
We now can anticipate a veritable deluge
of pious preachments about "world opinion,"
and how we must avoid giving offense to the
conscience of mankind.
Balderdash. If there be any such thing as
"world opinion," it is amorphous and well-
nigh meaningless. And as for the conscience
of mankind, there is little evidence to suggest
that men and nations act for reasons other
than self-interest.
The United States has sought to defend the
principle of self-determination, to preserve
personal liberty, and to promote economic
development throughout most of the world.
These are the goals of the United States in
Southeast Asia, where they are augmented by
defense alignments aimed at curbing Com-
munist aggression.
But what is the rest of the world. doing to
aid the cause? A bare handful of nations-
Australia., New Zealand, South Korea, and a
few others-are sharing the anti-Communist
burden in South Viet Nam. Great Britain's
contribution takes the form of indulging
shipping of British registry to carry on trade
with the Communists of North Viet Nam.
Where was "world opinion" when Soviet
Russia ignored international appeals and
exploded its last nuclear bomb? Where was
"world opinion" when neutralist India
forcibly seized the Portuguese enclave of
Goa?
And what does "world opinion" say today
about the millions of enslaved Europeans liv-
ing under the heels of Communist masters?
And what does "world opinion" say about
Castro's oppression of the Cuban people, or
the Viet Cong's terrorizing and murdering of
the South Vietnamese people?
Military and economic strength govern in
international affairs today just as they al-
ways have. But most Americans sincerely
feel that the United States is exercising its
strength in the cause of justice toward the
end of ultimate peace.
We do not say: "Might makes right!" We
do say that the right, by itself, seldom pre-
vails in today's cut-throat world.
The time is at hand to add might to right,
and to get on with the business of winning
the war. We must make the price of aggres-
sion to high for the Communists to afford.
"Poverty War Escapes Scandal"-A
Christian Science Monitor Survey of 40
Cities
EXTENSION OF REMARKS
OF
HON. JOHN BRADEMAS
OF INDIANA
IN TILE HOUSE OF REPRESENTATIVES
Monday, August 8, 1966
Mr. BRADEMAS. Mr. Speaker, the
distinguished newspaper, the Christian
Science Monitor, has been publishing a
series of articles on the war on poverty.
One of the most significant; of these
articles was published on August 5, 1966,
and is entitled, "Poverty War Escapes
Scandal."
The article is based on the findings of
a recent survey by the Christian Science
Monitor of the poverty program in ap-
proximately 40 cities in the United
States,
Says the Christian Science Monitor of
the war on poverty:
In the nearly two years of operation, there
hasn't been even a whisper of scandal in the
administration of the overwhelming majority
of programs across the country.
Mr. Speaker, I ask unanimous consent
to insert this article in the Appendix
of the RECORD:
POVERTY WAR ESCAPES SCANDAL
(By William C. Selover)
WASHINGTON.-The American "war on pov-
erty" may have established some kind of all-
time record.
Believe it or not, in the nearly two years of
operation, there hasn't been even a whisper
of scandal in the administration of the
overwhelming majority of programs across
the country.
And even where there has been some al-
leged impropriety, it has most often re-
sulted from misunderstanding or imprecise
directives from Washington.
This is the finding of a recent survey by
The Christian Science Monitor of poverty
programs in some 40 cities across the coun-
try.
This is all the more impressive since such
large sums of money are involved-solve $2.5
billion a year.
That is not to say that the prorams have
been wholly efficient. They haven't in many
cases.
But, in general, the local administrators
have taken great care to maintain close
watch on funds and to keep the programs
free of patronage or graft.
POLITICAL REQUESTS REJECTED
And the office of Economic Opportunity
(OEO) has maintained constant vigilance,
with inspectors crisscrossing the country
always on the lookout for any possible scan-
dal. R. Sargent Shriver Jr., OEO director,
has let it be known that if there is any pos-
sible irregularity found, he wants to know
about it first. And he wants it corrected
immediately.
Typically, the directors of the Kansas City,
Mo., program, Chester E. Stovall, told the
Monitor he has occasionally had calls from
local politicians asking how they could get
somebody a job in the local program.
"I tell them," he says, "to have the per-
son send in the regular application, Then I
say: 'But the fact that you called me won't
be considered.' "
And he adds: "But I think most of the
politicians have bent over to keep politics out
of it. They want the program to work."
From Columbia, S.C., the Monitor corre-
spondent writes: "There has not been a single
allegation of graft or political bossism."
The report pointed out that at the recent
session of the South Carolina General As-
sembly, "there was not a word uttered on the
floor in criticism of the OEO program or how
it is being run" during the entire five-month
session.
"This is indicative," said the report, "of the
attitude of the politicians generally in this
state."
Similarly, from Louisville, Ky., our reporter
noted that "among the blessings the local
program has enjoyed is almost complete
freedom from political interference of any
kind."
The occasional real scandals, such as ones
in Boston, or Harlem, or Providence, R.I.,
make great news copy for much of the coun-
try's press.
UNEXPECTED FINDINGS
But, unfortunately for the program, such
stories paint a completely distorted view of
the program as a whole. It is proverbial that
scandals and failures of a program are bigger
headline makers than their successes.
On the other hand, the findings of this
Monitor sur, ey are so unexpected as to be
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August 8, 1966 CONGRESSIONAL RECORD - HOUSE
their vote of confidence by electing him democracy designed and executed to im- neutralists whose acts are advantageous
as speaker of the assembly every subse- part an aura of legitimacy to the present to Chet eommuni decreessts.condemns as criminal
quent session since 1961. Under his Ky regime.
leadership, the California State Assem- On Friday, August 5, and Saturday, "all moves which weaken the national
bly has become a more effective instru- August 6, the Washington Post foreign anti-Communist effort and are harm-
ment of legislative responsibility; com- 'correspondent, Ward Just, reported on ful to the anti-Communist struggle of
mittee staffs have been enlarged, assem- the South Vietnamese elections. His ar- the people and the armed forces" and
blymen have received additional staff ticles, which are included hereafter, un- "all plots and actions under the false
assistance in their district offices, and ex- derline the urgent need for actions to name of peace and neutrality."
perts in business, science, and academic secure free and meaningful elections. South Vietnam cannot have free and
fields are being called upon to design The steps that should be taken forth- meaningful l eelections unleesustral di and as free to legislation. Most importantly, Jesse with are:
Unruh's dynamic leadership has brought First, determined efforts should be peace negotiations as they are, for ex-
new self-reliance to the assembly. No made by the United States to bring about ample, to advocate South Vietnam's
rubberstamp legislature catering to supervision of the elections by the Inter- membership in the Western alliance and
special interest groups, the California national Control Commission for Viet- continued a ffrare.
om Saigon reflect the
State Assembly, under the guidance of nam. ndebiltasto effort on Saigon reflect cam-
Speaker Unruh, is an equal partner in International supervision is urgently
State government. needed to give the South Vietnamese p ignsre ultin at throin e theedeecre s. be in-
Jesse Unruh's achievements have been people a basis for confidence in the It i not th
duly recognized by leaders in the aca- ness of the elections and to help over- voked extensively to be effective, al-
demic world. In December of 1962 he come the legacy of suspicion that nat- though at least one candidate has al-
delivered a series of lectures as a Chubb urally results from the series of rigged ready been before
Central
Committee and faces exclusion
fellow at Yale University, an honor ac- elections under the French, the Vietminh, .from the ebecause es exponent
corded to men of such stature as Adlat Boa-Dai, and Diem. The United Nations him election i an opponent
so far has been sympathies, the
Stevenson, Harry Truman, Clement has played a useful role in supervising accused More him of because
Attlee, Ralph E. McGill, and Abraham elections in South Korea and in five for-
Ribicoff. mer trust territories. Since the short- intimidating effect. Candidates are not
In 1963 Speaker Unruh was invited by ness of time makes it impracticable to anxious to test the Government's inten-
our State Department to lecture at col- obtain U.N. supervision of the South tions concerning enforcement of the de-
leges and universities in the Far East. Vietnamese elections, the members of the crees. Accordingly, they simply are not
During this trip he developed a thriving ICC, Vietnam-India, Canada, and Po- talking about the great issue before the
friendship with members of the Japa- land-should be asked to assume that South Vietnamese peoples--that of peace
role. and, war. Ward Just reports:
Dese National League al Young Liberal One moderate, very highly respected can-
and Prefectural Assemblymen Supervision is needed now because didate, who was said to be almost certainly
a winner, declared when he was asked about
and later entertained this group when it more is involved than observation of the
visited California in April of 1964. Re- vote count to see that figures are not the war that "Vietnam wants to negotiate
visiting Japan in July and August of falsified or ballot boxes stuffed. with the North."
1964 as a guest of the Japanese Foreign The Government will finance the elec- Would he say that on the election plat-
Ministry, Unruh addressed the national tion, print all literature, control adver- form?
convention of the League of Young Leg- tising, radio time, and public meetings, "No."
islators and presided over meetings of provide or not provide police protection Why not?
His translated answer was that "everycan-
the Tokyo Conference of Pacific Basin and transportation in the Provinces. didate has the right to express his views on
Legislators. Thus it is absolutely essential to an elec- the right things only-not on everything."
I am very proud to have Jesse Unruh's tion that would reflect the will of the It was not now "convenient" to speak of ne-
assembly district within my own 31st people that Government action be even- gotiations with the North.
Congressional District. In past years handed. The question has been asked, how can
we have worked together when I served The need for international supervision there be an election with no reference to the
in the State assembly; and now, with our to help overcome ingrained suspicion of war and ways to end it-or win it?
The answer is that whatever the candi-
respective districts overlapping, we re- the validity of the election process was dates may be thinking privately, publicly
main very close friends as well as col- emphasized by the following observa- they will be talkin about the constitution,
leagues. His cooperation has always tions in Just's reports from Vietnam: the value of legitimate government, the high
been of inestimable value to me In my Suspicion of the election results runs so cost of living, and the price of rice.
work in the U.S. Congress, for he is a deep that one prominent politician estimates Just, ra-
national recognized spokesman for that in Saigon as much as one third of the One nezed this politician, claiming interviewed that by Justa-
quality in government. California and electorate may stay away from the polls or mere zed the bye aiming t not t a
interested In
co Nation are indeed richer f his deliberately spoil , ballots.
contributions. Wherever one talked, there was a rippling candidate's position on issues, especially
undercurrent of suspicion of government on the issue of the war, but on his record.
intentions. Nowhere was there proof of I suspect that Vietnamese voters are
fraud, but everywhere there were doubts. much like voters everywhere and want
NEWS REPORTS FROM SAIGON EM- "Up to now," said an earnest Vietnamese stands on the
PHASIZE THE NEED FOR ACTION politician, "there have been only rumors, know issues. where a The candidate stands
reason for the
ES MAKE THE SOUTH VIETNAM- but The troublecis,confidence, or the lack of sterile debate and the irrelevant plat-
ESE ELECTIONS FREE AND MEAN- it forms that have appeared to date is
C;F*IJI, summed up in the following comment:
(Mr. REUSS (at the request of Mr. Just goes on to point out that "Bud- Political arrests are not unknown in Viet-
EVANS of Colorado) was granted permis- dhist militants"-and presumably others nam, and now-weeks before the election-
sion to extend his remarks at this point who are desirous of subverting the elec- there is apprehension that the government's
in the REcORD and to include extraneous tions-are playing upon existing suspi- guardians of the ballot may be overzealous
matter.) cions to make the success of the elections in screening candidates with alleged Com-
even less likely, munist or neutralist tendencies.
M Speaker, a week ago
today y I spoke poke to the House use to urge ac- Second, the United States should de- Third, the United States should re-
tions to, secure the free and meaningful mand the revocation by the Ky govern- quest that the Ky government abandon
elections that are desperately needed in ment of decrees which will prevent the the provision allowing it to amend the
South Vietnam. South Vietnamese people from choosing constitution adopted the majority of the
The central issue posed by the elections freely among the political alternatives elected constituent assembly unless over-
of September 11, I said, is whether they available to them. ruled by a two-thirds majority of the
will be truly free and honest, an accurate One of these decrees bars from the assembly.
reflection of the mind of the South Viet- election all candidates who are "Com- Such power in the hands of a non-
namese people, or a more burlesque of munists and pro-Communist neutrals or representative movement embodies the
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17712 CONGRESSIONAL RECORD HOUSE August e6, .1966
threat that even if free elections are "This is the rule of the minority In an
miraculously achieved the representative assembly elected to write a constitution,"
and democratic results will be destroyed says Dr. Than Quang Dan, the highly re-
by the decisions of the Ky government heads d an former government :minister who
h. "It ox-
supported by one-third plus one in the lets heads nowhere else electoral in slate the in world."
assembly
: Somewhat less controversial is the provi-
Among politicians, there is bitterness over sion, said to be unprecedented in Vietnamese
Amendment 20 to the electoral law, the pro- politics, that candidates run on a slate in
vision that allows the government to amend constituencies where more than one dele-
the constiution after it has been written, and gate is to be elected.
requires a two-thirds majority of the con-
Atituent assembly to overrule it.
. "This is the rule of the minority in an
;assembly elected to write a constitution,"
says Dr. Phan Quang Dan, the highly re-
dpected former government minister who
heads an electoral slate In Giadinh. ,it
exists nowhere else in the world."
Free elections are worth the effort
needed to bring them about. They offer
the possibility, obtainable in no other
way, of a viable national government
commanding the support of a majority
-of the people and of the main social
forces in the nation. Such a govern-
ment, deriving its powers from the con-
sent of the governed, would have a far
better chance than the current military
rulers of creating the rural development,
the social and governmental reform
which must underlie the military effort
if peace and stability are to be achieved.
Let us take the actions that are needed.
In the July 30, 1966, issue of the Econo-
mist, the Saigon correspondent com-
mented on the outlook for the constitu-
ent assembly that will result from the
present electoral process:
In fact nothing would have been sub-
stantially different if the government had
simply appointed a committee to draft the
Constitution.
IT this dire judgment is confirmed by
events, we-as well as the South Viet-
namese-will be the losers.
The articles by Ward Just follow:
[From the Washington Post, Aug. 5, 1966]
POLITICIANS ARE SKEPTICAL, PUBLIC, ON SOUTH VIET ELECTION
(By Ward Just)
SAIGON, August 4.--The election of an as-
sembly to write a constitution for South
Vietnam is barely five weeks away, and pro-
fessional politicians here are skeptical and
the public largely indifferent.
Suspicton of the election results runs so
deep that one prominent politician esti-
mates that In Saigon as much as one-third
of the electorate may stay away from the
polls or deliberately spoil ballots.
These views emerged from interviews with
Candidates, journalists and qualified observ-
ers of politics in Saigon and the neighbor-
ing province of Gfadinh, which together will
elect 26 of the 117 delegates to the assem-
bly. The interviews were restricted to Viet-
namese.
Nearly all those interviewed agreed that
The intricate, complicated device of a slate
was intended, by one account, to prevent
Communists or neutralists from running for
the assembly. An authentic nationalist, the
argument went, would think twice before
including on his slate a Communist who
would almost certainly doom the entire slate
to defeat.
If there are four slates composed of five
men each contesting a five-seat constituency,
and the front-running slate gets 60 per cent
of the vote, the top three names on that
slate are elected. The remaining two seats
go to, the top men on the next most popular
slate, or slates, depending on the vote.
It appears to be an exercise in higher Viet-
namese mathematics, but what the proce-
dure does, in effect, is place a premium on
being the top man on the slate.
Already there are charges, unsubstantiated
by proof but widely believed, that wealthy
men have bought the top place on certain
slates by promising to pay the campaign ex-
penses of their slatemates.
Anyone can get together a slate (there are
248 of them nationwide in the September
election; 133 candidates are running on sin-
gle tickets in districts where only one dele-
gate will be elected), and the theory was that
the most popular and highly respected would
head the slate.
Some dissenters contend that the slates
will promote harmony among candidates,
but others are not so sure. The political
rule of thumb in Vietnam is that if you have
two men on a streetcorner you have two
political parties. If you have three, you
have two parties and a faction.
Whenever one talked, there was a rippling
undercurrent of suspicion of government in-
tentions. Nowhere was there proof of fraud,
but everywhere there were doubts. "Up
to now," said an earnest Vietnamese poli-
tician, "there have been only rumors, but no
evidence."
"
Feeding the rumors are the Buddhist mili-
tants. with leaflets and handbill's and gossip.
The Vietnamese, according to Than Khac
Suu, the former chief of state In the Huong
and Quat civilian governments, have been
"victimized" so long by, their leaders-
President Ngo Dinh Diem's rubber-stamp
congresses, for example-that it is easy for
the Buddhists to subvert confidence, which
Suu says they are doing with great skill.
Suu's view of a deeply suspicious electorate
egged on by Buddhist propaganda is proba-
bly the majority view here, although some
would differ.
One who does is Dr. Dan. He argues that
while the electorate may be suspicious and
indifferent, the Vien Hoa Dab (the Buddhist
Institute) does not even represent a major-
ity of Buddhists, much less a majority of
Vietn;unese (a point with which most inde-
pendent observers would a
r Ithe
I
th
g
e).
n
e
June devaluation of the piastre. The pub- end, Dr. Dan says, most Vietnamese will go
He is largely Indifferent to the election (the to polls.
formal campaign period does not begin until The trouble is confidence, or the lack of it.
Aug. 26), and that indifference is reinforced A young government civil servant, who
by what one observer called traditional sus- demonstrated in the Hue against U.S sup-
picions and sniping from the sidelines by port of Prime Minister Ky and for civilian
Buddhist militants who have vowed to boy- rule under elections, now says the constit-
cott the balloting. uent assembly elections are wrong. Why?
Among politicians, there is bitterness over "Not suitable," he says vaguely. "They will
Amendment 20 to the electoral law, the pro- solve nothing."
vIslon that allows the government to amend What the Vietnamese expect to emerge
the constitution after it has been written, from the election is elusive. The poll-
and requires a two-thirds majority of the ticians, after paying homage to doubt and
constituent assembly to overrule it. suspicion, appear to be anxious to test the
levers of power, even under a government
which would probably (under Amendment
20) hold a veto. Prognostications differ
widely.
Dr. Dan Van Sung, the editor and pub-
lisher of the Saigon daily Chinh Luan and
no friend of the Ky regime, who Is a candi-
date for the assembly, predicts that as many
as 80 of the 117 delegates will be supporters
of the government. But he also says the
minority will be vigorous, and places as his
aim the creation of a legal opposition.
Former Chief of State Suu, an old Viet-
namese political pro, says flatly: "If a candi-
date in this election supports the govern-
ment, surely he will be defeated."
At least part of the problem revolves
around the programs of the candidates. If
the interviews are any indication, the men
who face the electorate will talk about the
constitution, the value of legitimate govern-
ment, the high cost of living, the price of
rice.
One moderate, very highly respected candi-
date who was said to be almost certainly a
winner, declared when he was asked about
the war that "Vietnam wants to negotiate
with the North."
Would he say that on the election plat-
form?
Why not?
His translated answer was that "every
candidate has the right to express his views
on the right things only-not on every-
thing." It was not now "convenient" to
speak of negotiation with the North.
[From the Washington Post. Aug. 6, 1966]
PAST RECORDS CALLED KEY TO VIET ELECTION
(By Ward Just)
SAIGON, August 5.-Vietnam has, been at
war for 20 years, and the impression is that
the war is the dominant fact in the lives of
nearly all Vietnamese. Yet that is not quite
so, if interviews with informed Vietnamese
are any guide.
The point is important In any discussion
of the September election to choose an as-
sembly to write a Vietnamese constitution.
Because the election is the result of three
months of political upheaval, it has strong
emotional antecedents. The question has
been asked, how can there be an election
with no reference to the war and ways to
end it-or win it?
The answer is that whatever the candidates
may be thinking privately, publicly they will
be talking about the constitution, the value
of legitimate government, the high cost of
living and the price of rice.
RECORD EMPHASIZED
Dr. Phan Quang Dan, the highly respected
Gia Dinh physician who is heading an elec-
toral slate, intends to base his campaign on
his own highly visible qualifications, with
references to what the constitution ought to
be and how the Vietnamese economy ought
to be improved to help the people. Dr. Dan
indicated that most Saigon voters would vote
for the man and his record, not what was
said on the platform.
In any case, according to interviews with
Vietnamese politicians, journalists and in-
formed observers, the war to the mass of the
people has lost its singularity, if it ever had
it. It is as much a part of Vietnamese life
as the heat. It penetrates everything and
nothing, and references to it in the cam-
paign, according to one politician, would
more likely than not stir suspicion and dis-
like.
In the absence of a real political dialogue,
then, on what basis will the Vietnamese
choose their candidates? What will be the
criteria?
What follows is tentative. It is the view
of one veteran Vietnamese politician, a mod-
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August-8, 1966 CONGRESSIONAL RECORD - HOUSE 17713
erate, a senior civilian cabinet member In the
government. He was interviewed in English.
MANIFESTOS IGNORED
The point about the Vietnamese, the official said, is that words mean very little.
Campaign manifestos, promises and exhorta-
tions-even promises to end the war, or win
it-are given scant credit. What counts is a
candidate's record.
"They will look at Dr. Dan," the official
said, "and they will say: fought against the
French. Was against Diem. Was jailed by
Diem. Is a good doctor, well-educated. And
they'll vote for him."
Neither is ideology, or "platform," impor-
tant or especially relevant to the political
parties. For example, the Vietnam Quoc
Dan Dang (VNQDD) a nationalist party con-
sidered the largest of all Vietnamese political
parties, is splintered into three regional
groups-northern refugees, central Vietnam-
ese and southern Vietnamese-and at least
a half a dozen factions. Ideology appears to
play no part in the splits.
The official said that the easiest way to dif-
erentiate between the various factions with-
in the Hoa Hao, a religious sect-cum-politi-
cal party, is to view it as a series of concen-
tric circles working outwards from the gov-
ernment in power, The factions can be dis-
tinguished by their degree of disaffection to
the "ins," whoever the "ins" happen to be.
They have no particular relation one to the
other but only in their attitude toward the
government.
(Mr. GONZALEZ (at the request of Mr. new levels in food basket items. A 6-per-
EVANS of Colorado) was granted permis- cent rise in meat prices over the May level
sion to extend his remarks at this point accompanied by an overall increase of
in the RECORD and to include extraneous 2 percent on food items simply contri-
matter.) buted more fat into the raging fire of
[Mr. GONZALEZ' remarks will appear
hereafter in the Appendix.]
(Mr. GONZALEZ (at the request of Mr.
EVANS of Colorado) was granted permis-
sion to extend his remarks at this point
in the RECORD and to include extraneous
matter.)
[Mr. GONZALEZ' remarks will appear
hereafter in the Appendix.]
THE INFLATIONARY NATURE OF
OUR ECONOMY
(Mr. ST GERMAIN (at the request of
Mr. EVANS of Colorado) was granted per-
mission to extend his remarks at this
point in the RECORD and to include ex-
traneous matter.)
Mr. ST GERMAIN. Mr. Speaker,
though our gross national product now
exceeds $700 billion and our affluence has
been well manifested, most Americans
are nevertheless much concerned with
the inflationary nature of our economy
and the threat it poses to our well-being.
As representatives of the people, I
think that we must seek every possible
solution to suppress the mounting infla-
tionary forces.
At the moment we are particularly
confronted with the problem of a con-
tinual rise in food prices which, if un-
checked, will no doubt serve to under-
mine most of what we are attempting to
do in other areas of our economy.
While we attempt to lift the standards
of living of our most needy Americans on
one front, we seem about to be overrun by
unchecked price increases. These in-
creases affect the poor man more than
anyone else as he must dig deeper into
whatever meager funds he has to sustain
himself.
It seems contradictory that we should
wage a strong battle, involving billions of
dollars, to help the needy and then allow
rising prices to overcome whatever prog-
ress is made.
Mr. Speaker, we can no longer remain
idle with respect to the problem of rising
food prices. An investigation must be
undertaken in the very near future to as-
certain the how and why of food price
increases.
We must come to the assistance of
those who contribute the major portion
of their income to the market basket
and, therefore, are the people most af-
fected by this problem.
It was anticipated that the recent Fed-
eral excise tax cut would be reflected in
inflation.
Mr. Speaker, we must determine the
reason and remedies for runaway prices
of meat and other items contributing to
this dangerous condition.
HOW A NONPARTISAN OBSERVER
VIEWS THE NATION'S ECONOMY
(Mr. HANSEN of Iowa (at the request
of Mr. EVANS of Colorado) was granted
permission to extend his remarks at this
point in the RECORD and to include ex-
traneous matter.)
Mr. HANSEN of Iowa. Mr. Speaker,
when any nation experiences continuous
and rapid economic growth, there are
bound to be periods of uncertainty or
inflation. And yet, the unprecedented
expansion of our nation's economy in
recent years has not resulted in the ex-
pected instability or inflation, and shows
every indication of continuing in this
vein.
It is encouraging to me to see that the
healthy condition of our economy is rec-
ognized by such established economic au-
thorities as the First National City Bank
of New York. These people, who, in the
past, have not always been in agreement
with the administration's fiscal and
monetary policy, now realize the strength
of our Nation's economy. It is impor-
tant to note that the following article
represents the opinion of experts, who
are concerned not with partisan politics,
but with purely economic considerations.
I now offer the article from the First
National City Bank's Monthly Economic
Letter for the consideration of my col-
leagues :
GENERAL BUSINESS CONDITIONS
NO PAST-NO FUTURE
What appears to count is the degree of
estrangement from the status quo: that,
and in the case of the individual candidate,
a record. "If a man has no past," the official
said, "then for me he has no future."
Many Vietnamese have been careful with
their records over the years. Political ar-
rests are not unknown in Vietnam, and
now-weeks before the election-there is ap-
prehension that the government's guardians
of the ballot may be overzealous in screen-
ing candidates with alleged Communists or
neutralist tendencies.
Those whose suspicions are darkest about
the intentions of Premier Nguyen Cao Ky's
are currently looking with interest at the
case of Ho Ngoc Cu, a Saigon journalist who
is running for the constitutent assembly
from Vinhlong province (according to the
electoral law, a Vietnamese may run from
any constituency he wishes, there is no resi-
dency requirement.)
Cu is associated with Dan Van Sung, the
editor and publisher of the Saigon daily
Chinh Luan (and also a candidate). Last
week, one of Cu's opponents in the election,
a Hoa Hao named Ngyun Van Vi, accused
him of Communist sympathies and de-
manded that his name be withdrawn from
the ballot. The case is now up before the
Central Election Committee-composed of a
judge, and four members of the people and
armed forces council-for action.
RECORD SCRUTINIZED
Cu's record, which is now under scrutiny
by the Committee, includes an arrest by the
Diem regime in 1956. Cu says he was kid-
napped by Diem's police, jailed and pre-
vented from running in the congressional
election that year.. But more important
than that, Cu believes that he had a brother
in the Vietcong. He says he has not heard
from the brother for years, and believes him
to be dead.
Sung says that the charges against Cu are
absurd. Perhaps so, Cu says, but one of the
members of the Citizens and Armed Forces
Council Is a Hon Hao. "I think he will sup-
port his comrade," Cu says.
"If they think I am a Communist," Cu said
today, "they really should provide proof."
As business moves into the normally slack
summer season, the U.S. economy continues
to turn in a highly impressive performance.
With the slowing of the rate of expansion
since March, business has settled back from
an unsustainable burst of acceleration to a
cruising speed less damaging to the economic
mechanism. Much to the relief of both
Washington and Wall Street, evidences of
inflationary pressures have become less vis-
ible, thereby deflating talk of a tax increase
before fall.. Backlogs of orders have con-
tinued to increase, and industry generally-
with the notable exception of autos and
homebuilding-still faces a very hot sum-
mer, with production in many lines limited
only by the availability of regular hands
during the vacation period.
It is not the immediate outlook that
divides economic observers and investors so
much as the prospects farther down the
road. Except for food prices-which have
largely reflected swings in meat output-
the inflation experienced so far has been
a lower consumer price index at this milder than might be expected during a
time. Much to my dismay, this has not fairly large-scale war which coincides with a
been realized. In the month of June we powerful capital goods boom amidst the
note the largest increase in consumer longest and greatest economic expansion in
prices for any month during the past 2 recent history. The enormous financing
burdens imposed Our expectations of lower prices mposed on the money and capital
markets by both the government and private
fortunately were fulfilled in the de- borrowers have been absorbed so far without
creased lists for automobiles and air con- the severe liquidity squeeze that many have
ditioners. However, this in no way Com- feared. Along with wages and farm incomes,
pensated for the grave and intolerable corporate earnings have been well sustained
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17714 CONGRESSIONAL RECORD - HOUSE Augus#:3, 1966
? despite concerns about a possible profits
squeeze. And with the decline of Buddhist
dissidence and the bombing of the Hanoi-
Haiphong oil depots, the situation in Viet-
nam has, if not improved, at least become
less confusing.
CONSUMER BUYING AND PRICE TRENDS
At the moment, the sharp cutback in out-
put of 66 model cars has eased some of the
pressure in the metals industries, and auto
manufacturers' rebates to dealers are being
passed on to new car buyers in lower prices.
But the negative impact of high food
prices, stepped-up Social Security taxes and
higher tax withholding rates-which con-
tributed to the slackening in consumer
spending after April-will wear off progres-
sively in the coming months. Moreover,
spending under Medicare, starting this
month, is expected to run at an annual rate
of about $3 billion. In addition to this di-
rect spending, people over 65-and in many
cases, their supporting children or relatives-
will be able to spend for other things the
money previously saved or used for these
medical expenses. These factors should help
restore some vigor to retail sales.
But looking further ahead, there are a
good many question marks. Foremost are
the material and financial requirements of
the Vietnam war. While hopes for an early
and acceptable end to the conflict are again
on an upswing, businessmen must calculate
the probabilities of increased defense orders
and appropriations and-if these are large
enough to threaten price stability-a possible
tax increase next year if not In 1966. Under
the influence of higher costs of services and
some nondurable goods, the rise of consumer
prices other than food. may speed up over the
next few months. Medical costs in particu-
lar-already climbing fast-are expected to
go up even more under the impact of the
Medicare program.
Businessmen and investors, viewing the
heady gains in volume and profits over the
past 24 months, understandably feel the pace
cannot be maintained indefinitely, particu-
larly while inflation, shortages and bottle-
necks remain as the immediate problems.
Thus, the remarkable performance of the
economy, as it continues, comes more and
more to inhibit expectations for future
expansion.
The cutback In auto production has drawn
attention away from the Continued strong
performance elsewhere. For example, while
a rebound from the April coal strike figured
in the 0.8 percent May advance in the sea-
sonally adjusted Federal Reserve index of in-
dustrial production, the steel, business capi-
tal equipment and aircraft industries were
also major contributors. If the wide fluctua-
tions in the steel and auto industries are
separated out, as shown in the accompanying
chart, there has been no slowdown among
industries which make up about 90 percent
of industrial activity. In May, the index of
"other production" rose at an annual rate
of 11 percent, the same as in the first quarter
and somewhat greater than the 9 percent
gain during 1965.
Cutbacks caused by lagging sales and high
time oft will be staggered or workers will re-
ceive vacation pay in addition to their regu-
lar wages.
EMPHASIS ON EXPANSION
With heavy civilian and military demands,
it is not surprising that expenditures for ex-
panding capacity are growing faster than
those for replacing and modernizing existing
facilities. The McGraw-Hill survey of plant
and equipment spending plans in April indi-
cated that manufacturers' outlays for expan-
sion in 1966 will be about $13 billion, 48 per
cent of total outlays, or about 28 per cent
more than in 1965. Plans for modernization
and replacement call for an increase of about
14 per cent over last year.
In May, the SEC and the Department of
Commerce reported that businessmen were
planning total plant and equipment expendi-
tures of $60.8 billion in 1966--a 17 per cent
increase over 1965. Manufacturers antici-
pated outlays of $27 billion, up 20 per cent.
Even these plans do not accurately measure
the full extent of investment wants because
construction delays and postponed delivery
dates are preventing businessmen from
spending money this year as fast as they had
planned to earlier.
The consistently high level of capital ex-
penditures In the past few years has been a
potent anti-inflationary force in the econ-
omy. The sharply higher cost of living this
year has been concentrated in foods and serv-
ices. There is little doubt that other con-
sumer goods would also have had much
higher price tags if we had not had heavy
expenditures on plant and equipment in
earlier years. Increased capacity has made it
easier to meet rising demand, while improved
technology has helped hold down costs.
MONEY MARKET MEETS THE TEST
The money and capital markets success.
fully Weathered a period of unusual strain
last month as extraordinary borrowing de-
mands of governments and corporations
coincided. However, changes of interest
rates helped pull funds to where demands
were greater, and the Federal Reserve
System provided a substantial volume of
reserves late in the month, thus facilitating
banks' efforts to accommodate loan demands.
Much of the tension in the money market
stemmed from fiscal devices employed to
pare the Federal budget deficit for the
1966 fiscal year ended June 30. Corporations
had to borrow more than usual, and convert
more liquid assets to cash, because their tax
payments had been bunched to add about
$2.5 billion to fiscal '66 Federal revenues. In
effect. the corporations were borrowing money
for the Treasury. Similarly, the large issu-
ance of Federal agency obligations and the
sale of participations in governunent-owned
loans merely served as substitutes for regular
Treasury debt issues.
All told, corporation income taxes paid on
June 15 were probably one third larger than
a year earlier. Additional tax revenues were
shifted forward into fiscal '66 by requiring
.large corporations to make payments of with-
held income and Social Security taxes semi-
monthly rather than monthly. As a result,
corporations paid an estimated $1.5 billion
in tax
l
t
es
as
month that would not have
index for passenger cars by 7 percent in May. been due until the end of July under the
The bulk of the 300,000 car cutback in '66 old schedule.
model output will be concentrated in the All this was reflected in a rise Of $2.9 billion
summer months. Third quarter schedules in bank loans in the middle two weeks of
for '67 models have been stepped up, and June. This compares with an Increase of
although July assemblies will be 37 percent $1.9 billion in the like period of June 1965
less than last year, August and September and $1.4 billion in 1964. Corporations also
output will be up 6 percent from a year raised cash by running off $635 million of
earlier. .
i
Hard on the heels of $1.2 billion in new
cash raised in May, Federal agencies bor-
rowed $1.6 billion in June, including $925
million through sales of loan participation
certificates. Because of the congestion in
the market, some agency issues had to be
offered at 5% per cent.
The most important question facing the
financial markets concerns the direction of
monetary policy, and here the major de-
velopments have been somewhat obscured by
the pressures of the June tax date. Total
member bank reserves (seasonally adjusted),
which had climbed at a rapid pace through
April, showed a downward trend through
mid-June. Nevertheless, the public's hold-
ings of cash balances in June were up sub-
stantially from a year earlier.
Late In the month, the Federal Reserve in-
creased reserve requirements from 4 per cent
to 5 per cent on that portion of a member
bank's total time deposits (other than sav-
ings accounts) exceeding $5 million. This
was apparently a response to the House
Banking Committee, which had adopted a
resolution urging the Federal Reserve Board
to "take action" within 30 days to reduce
bank competition with savings and loan
associations for individual savings,. The ac-
tion taken will increase the effective cost to
banks of CD funds by about six basis points
and was a clear sign that the Federal Re-
serve was taking a more restrictive stance.
Commercial banks followed by increasing
from 511/2 to 53/4 per cent the minimum rate
on loans to business borrowers.
INDUSTRY AND GOVERNMENT: THE
NEW PARTNERSHIP
(Mr. SCHEUER (at the request of Mr.
EVANS of Colorado) was granted permis-
sion to extend his remarks at this point
in the RECORD and to include extraneous
matter.)
Mr. SCHEUER. Mr. Speaker, through-
out our history there has often been a
clash of interest between business and
government in the field of social progress
and reform. Too often, these two great
sectors of our Nation have worked in
conflict rather than in harmony; indeed,
some have seen the rise of big govern-
ment as a counterforce to big business.
Today, happily, industry and govern-
ment are working together, in harmony,
to mitigate some of the social evils which
currently plague our Nation. Several of
our Job Corps centers, for example, are
being effectively operated by private
firms. To illustrate an emerging trend
toward a "social-industrial complex," I
should like to insert in the RECORD a
thought-provoking address by Lyle M.
Spencer, president of Science Research
Associates, Inc., a subsidiary of IBM.
THE NEW SOCIAL-INDUSTRIAL COMPLEX
(An address by Lyle M. Spencer, president,
Science Research Associates, Inc., a sub-
sidiary of IBM)
Little more than five years ago, Dwight
Eisenhower, in his last message as President,
warned of the growth of a military-industrial
complex that could endanger American free-
doms. It was an important warning. Com-
mentators now and then honor it by repeti-
tion, but no one has yet suggested what to do
about it.
down
opti-
n production will be less than usual much as in March 1966. Banks Zr: able to misticonigni;
note. w I wa to to describenthe early
this summer. Durable goods manufacturers meet these heavy demands by offering un- growth of a new complex in which industry
report that order backlogs grew 22 per cent usually attractive rates to replace the large and government also are intertwined, but
in the year ended May 31, As a result, many volume of maturing CDs. Finance companies towards a far different end. It might be
firms are foregoing the usual plant-wide va- similarly raised their rates in order to replace called a "social-industrial complex." With
cation shutdowns this year; In such cases maturing paper, the government acting as broker, a number
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August 8, 1966 CONGRESSIONAL RECORD -SENATE
nese ore from the national stockpile and
the supplemental stockpile was consid-
ered, ordered to a third reading, read
the third time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
port (No. 1431), explaining the purposes
of the bill.
There being no objection, the excerpt
was ordered to be printed In the RECORD,
as follows:
PURPOSE OF THE BILL
This bill would grant congressional ap-
proval to the disposal of approximately 1.9
million short dry tons of metallurgical grade
manganese ore from the national stockpile
and the supplemental stockpile, and waive
the 6-month waiting period normally re-
quired before such disposal could be started.
EXPLANATION OF THE BILL
Why congressional approval is required
Under existing law, congressional approval
is required for the disposal of materials in
both the national stockpile and the sup-
plemental stockpile except In those instances
where the proposed disposal action is based
on a determination that the material has
become obsolescent for use during time of
war.
Since the proposed disposal of these ma-
terials is not based on obsolescence, the pro-
posed disposal requires the express approval
of the Congress.
In addition, the bill would waive the pro-
cedural requirements of section 3 of the
Stock Piling Act (50 U.S.C. 98b), with re-
spect to publication and transmittal of no-
tice and the 6-month waiting period. The
bill would, however preserve the substantive
requirements of section 3 with respect to the
protection of the United States against avoid-
able loss and the protection of producers,
processors, and consumers against avoidable
disruption of their usual markets. Thus, the
waiver will permit the immeditae disposal
of metallurgical grade manganese ore upon
enactment of H.R. 13772.
Why disposal is proposed
The metallurgical grade manganese ore to
be disposed of from the national and supple-
mental stockpiles is surplus to the stockpile
requirements.
The objective inventory is composed of ore
and upgraded forms of manganese. The ore
Component of the manganese objective is ap-
proximately 6.6 million short tons. As of
March 31, 1966, the excess Inventory over the
objective amounted to about 3.8 million short
tons of which approximately 1.7 million tons
in the Defense Production Act inventory has
been authorized previously for sale. Much of
this DPA material is of such low quality grade
that the General Services Administration has
encountered difficulty in disposing of it pend-
ing the availability of higher grade ore to
offer simultaneously. The bill under con-
sideration accounts for the remainder of the
excess except for that quantity which is
being retained temporarily for strategic stor-
age purposes.
Information on metallurgical grade
manganese ore
Metallurgical grade manganese is primarily
used in the production of steel as a desulfu-
rizer and deoxidizer. It is also used to im-
part one or more of the properties of strength,
toughness, and hardness to some steels. For
these applications, manganese is usually in-
troduced in the form of ferromanganese. -
The United States imports metallurgical
grade manganese ore chiefly from India,
Brazil, the Republic of the Congo, Union of
South Africa, Ghana, and Mexico.
FISCAL DATA
The average acquisition cost per short dry
ton of the metallurgical grade manganese ore
in the national stockpile was $39.60 and in
the supplemental stockpile was $43.09. The
current market price is about $34.25 per short
dry ton.
DIRECTION TO THE SECRETARY OF
THE INTERIOR TO ADJUDICATE A
CLAIM TO CERTAIN LAND
The bill (S. 1684) to direct the Secre-
tary of the Interior to adjudicate a claim
to certain land in Marengo County, Ala.,
was considered, ordered to be engrossed
for a third reading, read the third time,
and passed, as follows:
8.1684
A bill to direct the Secretary of the Interior
to adjudicate a claim to certain land in Ma-
rengo County, Alabama
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
Secretary of the Interior is directed to ad-
judicate the claim of B. A. Cogle of Thomas-
ville, Alabama, under the Color of Title Act
of December 22, 1928 (45 Stat. 1069), as
amended by the Act of July 28, 1953 (67 Stat.
2276 43 U.S.C. 1068-1068b), to the lands de-
scribed in section 2 of this Act. If the Secre-
tary shall determine that the said B. A. Cogle
has otherwise satisfied the requirements of
the Color of Title Act, he may issue a patent
under such Act to such lands without regard
to the acreage limitation imposed in such
Act.
SEc. 2. The lands subject to this Act are
the following-described tracts of land all sit-
uated in Marengo County, Alabama, and
described with respect to St. Stephens me-
ridian:
(1) the northwest quarter of the southeast
quarter and the southeast quarter of the
northeast quarter of section 3, township 13
north, range 2 east;
(2) the southwest quarter of the south-
west quarter of section 26, township 13 north,
range 3 east;
(3) the south half of the southeast quarter
of section 35, township 13 north, range 3
east; and
(4) the northwest quarter of the northeast
quarter of section 19 township 14 north,
range 2 east.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
port (No. 1432), explaining the purposes
of the bill.
There being no objectiion, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE
This bill directs the Secretary of the In-
terior to adjudicate, under the Color of Title
?Act of December 22, 1928, 45 Stat. 1069, as
amended, 43 U.S.C. 1068-1068b, a claim of
B. A. Cogle to approximately 234.90 acres of
land, without regard to the 160-acre lim-
itation in the act.
In essence, the bill authorizes the Secre-
tary to determine whether B. A. Cogle other-
wise satisfies the requirements of the Color
of Title Act and to issue a patent to the
land described in the bill, if the Secretary is
satisfied as to such compliance.
BACKGROUND
Mr. Cogle previously received patent under
the Color of Title Act for 159.88 acres of pub-
lic land in Alabama.
He has occupied the land since 1923, and
17737
the committee accepts the fact that he was
a bona fide purchaser of the land in ques-
tion, and that for each parcel of land there
is a chain of titles showing that many in-
dividuals thought they owned the parcel
which they later sold, and which ultimately
passed to Mr. Cogle-and that during all this
time, the United States did nothing to as-
sert its claim of ownership.
The Department of Interior report, agreed
upon by the Bureau of the Budget, raises no
objection to enactment of the bill if the Con-
gress finds "there is justification for special
consideration of Mr. Cogle's claim."
An appraisal made in May 1965, values the
land at $26,320. The Geological Survey says
the land is prospectively valuable for oil and
gas, and a portion of it for sodium. The In-
terior report says there is no known Federal
need for the land. There is some commercial
timber on the land.
The House passed a similar bill, H.R. 2942
in 1963, but the bill did not get out of Senate
committee, purportedly because the commit-
tee did not want to act on the bill without
assurance that the Interior Department
would allow Mr. Cogle's application. On
June 11, 1964, the Department advised the
committee that If the bill were enacted into
law, the applications would be deemed "to be
allowable ones."
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that I may pro-
ceed for 6 or 7 minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
VA)
Mr. MANSFIELD. Mr. President,
during the past few days, a number of
developments have occurred in connec-
tion with Vietnam which should not be
overlooked by the Senate. Suggestions
relative to the restoration of peace have
been made in various Asian quarters.
Whether they lead to any specific prog-
ress in that direction in the days ahead
is another matter. In themselves, the
Asian suggestions for peace are only
straws which have yet to be picked up
by the wind. If there Is to be any prog-
ress beyond them, toward peace, it will
depend on subsequent responses and ini-
tiatives.
The experienced and astute Foreign
Minister of Thailand, Thanat Khoman,
has advanced the suggestion that the
Asian nations themselves should seize
the reins of the Vietnamese and other
problems of their continent. He has
urged that a peace conference be held,
not in Geneva, but in Asia, and by the
parties concerned.
Similar suggestions have been made by
others in the past but not with nearly the
clarity or the directness of the sugges-
tions of the able Thai Foreign Minister.
What Thanat Khoman is saying, in ef-
fect, is that there should be a meeting
of Asian leaders, whether of South Viet-
nam or North, of Thailand or Burma, of
the Philippines or Cambodia, of Peking
or Tokyo or wherever. If the press in-
terprets him correctly, he wants these
leaders to get together somewhere in
Asia and try to end the war in Vietnam
before its spreading devastation puts an
end to the remaining stability of that
continent, including almost inevitably
at some point, the stability of Thailand.
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CONGRESSIONAL RECORD - SENATE
That is an admirable suggestion, Mr.
President, and I see no reason why it
should not have the support of all con-
cerned. Certainly, if greater progress
toward peace in Asia is promised by a
conference of Asians who are intimately
concerned with this problem rather than
by a meeting in Geneva by nations, many
of which are only remotely concerned,
then let it be called in Rangoon or Bang-
kok, in Manila or Phnom Penh or, for
that matter, even in Peking.
I do not believe the Thai Foreign Min-
ister made mention of a U.N. role in con-
nection with the Asian conference which
he has proposed, Nevertheless, Mr. U
Thant, the Secretary General of the
United Nations, has set forth a basis on
which he believes peace might be estab-
lished in Vietnam. He has advanced
three points as preconditions for settle-
ment. These points are: First, cessation
of the bombing of North Vietnam; sec-
ond, reciprocal scaling down of military
activities in the south and then a cease-
fire on all sides; and, third, willingness
to enter into discussion with those who
are "actually fighting." This latter cat-
egory has subsequently been defined, ob-
viously, to include not only the Hanoi
and Saigon Governments but also the
National Liberation Front in South Viet-
nam, whose leadership is, in fact, com-
posed of southern Vietnamese.
,In the latter connection, it is interest-
ing to note that Prince Sihanouk of
Cambodia, in a recent interview with an
American correspondent, went so far as
to suggest that the key to peace might lie
not in Hanoi or. Peking at all but rather
in direct conversations between Saigon
and the latter group; that is, the South
Vietnamese National Liberation Front.
May I say from personal knowledge
that Prince Sihanouk's observations on
Indochina are those of one of the most
active participants and effective national
leaders in the great wave of change
which has engulfed former Indochina as
well as the rest of southeast Asia during
the past decade and a half. In my judg-
ment, Prince Sihanouk not only has a
high sense of the needs of his own people
but also a sharp perception of realities
in Vietnam and elsewhere in Asia. His
views as to where the key to peace in
Vietnam may lie should be explored. I
am delighted that Ambassador Harriman
will be visiting with the Cambodian lead-
er next month.
Finally, Mr. President, I should like to
make reference to the recent suggestion
of. the distinguished Prime Minister of
India, Mrs. Indira Gandhi. It was her
view that the International Control
Commission in Vietnam should be
strengthened in order to patrol the de-
militarized zone at the 17th parallel and
thereby forestall a further spread of hos-
tilities. In my judgment, it would be
desirable to enlarge the Commission to
the point where it will be able not only
to patrol the demilitarized zone but also
to extend its operations along the Cam-
bodian border. Prince Sihanouk has
long advocated this course and the
United States has recently concurred in
his view that the Commission would be
most helpful in the preservation of Cam-
bodian neutrality and in prevention of
the spread of the war. For whatever the
reasons, the Soviet Union, as a cochair-
man, has been unwilling to join with the
United Kingdom in reconvening the Ge-
neva Conference in order to take up this
proposition. That would appear to be
one more reason for giving every possible
and prompt consideration to a convening
of an Asian conference In Asia.
If I may summarize, then, Mr. Presi-
dent, it would seem to me that these
recent suggestions relative to Vietnam
which have emanated from Asian
sources, notably from the Foreign Min-
ister of Thailand and the Prime Min-
isters of India and Cambodia, and from
the Secretary Generanl of the United
Nations, Mr. U Thant, are most helpful.
It would be my hope that there promise,
such as it may be, will not be permitted
to fade through inertia on the part of
any nation. I am delighted that the
Secretary of State, Dean Rusk, has
already seen fit to respond to them in a
most constructive fashion. indeed, in a
recent press conference, he gave every
indication of the U.S. readiness to pursue
any or all of these suggestions. I would
certainly expect, therefore, that U.S. di-
plomacy, whether at the United Nations
or down the line here in Washington or
in nations abroad where it might can.-
ceivably be useful, will pursue and under-
score the constructive responses of the
Secretary of State to these excellent
Asian initiatives.
I do not think it is too much to say
that this Nation not only supports fully
the search for acceptable Vietnamese
and Asian solutions by Asians? but that,
in all probability, we would find accept-
able a solution on which the Asian na-
tions themselves and the Vietnamese
people, north and south, can generally
agree.
I ask unanimous consent, Mr. Presi-
dent, to include at this point in the
RECORD pertinent extracts from the
transcript of a recent press conference
of the Secretary of State and a state-
ment I made on Vietnam on April 18,
1966, on the Senate floor.
There being no objection, the extracts
and the statement were ordered to be
printed in the RECORD, as follows:
{From the New York Times, Aug.. 6, 1966]
EXCERPTS FROM RUSK NEWS CONFERENCE
Question. Mr. Secretary, the Soviet Union
has charged that the United States planes
have attacked its ships in the Haiphong har-
bor. Has this occurred? And what is U.S.
policy on. this question?
Answer. We have no information at all that
would support the charge that we have at-
tacked any shipping in the Haiphong harbor.
Our strikes on the P.O.L. (petroleum, oil and
lubricants) installations there were for that
purpose, and that purpose alone. Indications
from the strikes are that all of the bombs
were in the target area. There was no indica-
tion that attacks on Soviet shipping occurred.
Question. You spoke of bombs, I think the
Soviet note charged that this vessel, the
Medyn, was hit by large caliber bullets,
Answer. We have no information at all on
that. In an earlier incident, when such a
charge was made, our judgment was that if
anything at all reached a Soviet ship, that it
might well have been North Vietnamese anti-
aircraft or something the North Vietnamese
were doing. But it was not U.S. bombs that
had anything to do with it.
Question. India is reported to be consider-
August 8, 1966
ing asking that the I.C.C. (International
Control Commission) be expanded to control
and observe in the demilitarized zone more
thoroughly. What do you think of such an
idea?
Answer. We would be very much in favor
of a strengthening of the I.C.C. to do any of
the jobs that are its responsibility, Including
the assurance that the demilitarized zone is
in fact demilitarized.
Very substantial North Vietnamese forces
have come through the demilitarized zone,
and have been engaged by our Marine and
South Vietnamese forces in the northern part
of South Vietnam. Those North Vietnamese
forces are back in the demilitarized zone,
contrary to the understandings reached in
1954.
Another Instance of I.C.C. activity that we
would welcome would be to assure the neu-
trality and territorial integrity of Cambodia.
As you know, Prince Sihanouk has requested
that that be done. We would be glad to see
that that would be done.
ATTITUDE OF POLISH MEMBER
Question. Is it true that the Polish mem-
ber of the I.C.C. Is resisting proposals or
efforts to get that commission into the zone
to investigate conditions there?
Answer. Quite frankly, I don't have precise
information on that point. I think probably
we will know very shortly more specifically
what their attitude is.
As you know, the South Vietnamese Gov-
ernment has repeatedly called the attention
of the I.C.C. to violations of the demilitarized
zone. Now Hanoi has put in a protest to the
I.C.C.
All right. Let's do something about It.
Let's get going. And I would hope that the
three members of the I.C.C. could agree that
they would assure the demilitarization of
that zone. And I can assure you that any
efforts on their side in that direction would
be met with complete response by us, and
that we would do everything we could to co-
operate. We would hope the other side
would.
Question. On another aspect of the Viet-
namese question, Thailand has proposed an
all-Asian conference on the problem of try-
ing to reach peace in Vietnam, and has pro-
posed that all the principals participate in
such a conference. What would be your view
on that, air?
Answer. We feel that this is a constructive
suggestion. I found when I was in Asia
recently that the Asian countries were very
much concerned about the possibilities of
peace in Southeast Asia, and the ability of
these smaller countries to live unmolested.
We would hope that this suggestion might
result in some constructive action.
As you know, we have been prepared for
negotiations, discussions, conferences? con-
tacts, through any channels: 17 nonaligned
nations; the two co-chairmen of the I.C.C. or
any of the other many third parties who have
come forward to try to establish some contact
between the two sides; or direct bilateral dis-
cussions between ourselves and, say, Hanoi
or Peking.
I think this idea-that the nations who are
really most immediately concerned, the Asian
nations, might take some useful initiative-
is a constructive one, and we will follow with
great interest what results from it.
USE OF FORCES IN ZONE
Question. Is there a policy inhibition on
the possible use of American ground forces
in the demilitarized zone if the North Viet-
gamese continue to use it?
Answer. We have not wanted to go into
the zone or cross the 17th Parallel. Our
attitude has been that we don't want any
shooting by anybody at anyone, and that we
would be glad to see all of the shooting come
to an end straightaway. We have no desire
to destroy the regime in North Vietnam; we
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August 8, 1966 CONGRESSIONAL RECORD - SENATE
have no desire to drop any bombs on North
Vietnam,
Question. There are reports that the North
Vietnamese are stepping up their infiltration
into South Vietnam despite the bombing of
petroleum installations. What can you say
about this?
Answer. Well, their infiltration continues.
There are some time lags between their infil-
tration and our precise knowledge about just
how much it Is, and what It is. But I think
It would be a mistake to suppose that since
Infiltration is continuing, therefore, the
bombing has no point. Because that over-
looks what might have happened in terms of
infiltration had the bombing not occurred.
QUESTION FOR THE FUTURE
We know that the bombing has made infil-
tration substantially more difficult; that
many supplies, military supplies, that have
come down the trails have been destroyed
by the bombing; that there is much less
P.O.L. to support the trucks that bring men
and arms into the South than there was be-
fore. We know that there are fewer trucks
to bring men and arms down into South
Vietnam. So the problem is not whether the
bombing has stopped the infiltration, but
what the infiltration might have been with-
out it; and whether the bombing has made it
more difficult and costly for the other side.
Question. Do we draw any policy distinc-
tion between possible use of ground troops
in the southern part of the demilitarized
zone and moving troops over into North
Vietnam?
Answer. I think that that, is a matter
that is for the future, and would turn on
events. As far as the immediate local,
close-in situation is concerned, a commander
will have to do those things that are neces-
sary for the security and preservation of
his own units, his own forces. But there
need be no fighting whatever in the de-
militarized zone, no bombing in the de-
militarized zone, if North Vietnam would
keep its troops out of there and not use that
as a major infiltration route into South
Vietnam. And we hope that they would
realize that this would be an important
thing to do in terms of a further buildup
of the violence. We would like to see this
violence reduced just as quickly as possible.
Question. Is there currently growing ten-
sion between the United States and the
Soviet Union over this issue? The tickers
from Moscow this morning report that the
United States has refused to accept the So-
viet protest note on grounds that it's in-
accurate and abusive.
Answer. I think the principal word there
is not the inaccuracy, because Governments
are quite familiar with the process of sending
inaccurate messages to each other. But the
abusiveness of the note is not in accord
with diplomatic practice, and so we did not
accept it on that basis.
I really didn't answer your main question,
which was growing tension. I would have to
say that the Soviet position, with respect
to bilateral relations and the general situa-
tion, Is a difficult one under the circum-
stances of the Vietnam situation. We regret
that. We would like to find ways to im-
prove our bilateral relations with the So-
viet Union, but we cannot do so by giving
away South Vietnam.
What we would' like to see is the use of
the available machinery to bring peace to
Southeast Asia. The Soviet Union, as a co-
chairman, has not been willing to move with
its British co-chairman to convene a confer-
ence or to take an active role in moving
toward peace out there, not even with re-
spect to Prince Sihanouk's request that the
I.C.C. step up its action to assist Cambodia.
ESCALATION LAID TO HANOI
There is a crisis in Southeast Asia which
cannot help but affect bilateral relations.
We would like to see that crisis moved to a
peaceful settlement. But we can't do that
without some. help from others, primarily,
in the first instance, Hanoi, but others who
have an interest in this and are concerned
about It.
Question. Do you consider that there has
been a continued escalation on the part of
the North Vietnamese and possibly encour-
agement from Communist China to sending
additional workers into North Vietnam to
free their soldiers?
Answer. There has been a steady escala-
tion of this problem by North Vietnam for
the past five or even six years, despite the
fact that for four or five years there was
no bombing of North Vietnam, despite the
major efforts made to find a political settle-
ment in Southeast Asia. A full division of
the North Vietnamese Regular Army moved
into South Vietnam before there was U.S.
bombing of North Vietnam, except for the
strike in connection with the Gulf of Tonkin
incident.
The demilitarized zone became an Issue be-
cause a division of the North Vietnamese
regular forces moved through the demili-
tarized zone into South Vietnam. Now, when
you look at the chronology of escalation, it is
based upon the fact that they keep coming.
And this effort to seize South Vietnam by
force is the thing which the United States
and its allies cannot accept. If that ceases
to be the problem, then peace can come very
quickly.
Question. You spoke of willingness to try
any kind of negotiations, including bilateral.
In that connection, would you care to tell
us what you think about Prince Sihanouk's
proposal, in an interview with The New York
Times, that the United States try getting in
touch with the Vietcong and net looking to
Hanoi and Peiping? It was answered in gen-
eral terms here yesterday by your spokesman,
but I wonder if you would address yourself
more specifically to that idea.
Answer. I think I had better stay to the
general language, because there is no in-
dication from those who have the real influ-
ence on the other side that they are prepared
for serious talks. I have said to you many
times that there has never been a problem
here of lack of contact with the other side.
That is a pretty comprehensive statement.
The National Liberation Front has an in-
terest in peace. So the problem of contact
is not the problem.
Question. One of the issues discussed be-
fare the bombing of the P.U.L. Installations
started was the question of foreign shipping
in the harbor of Haiphong. Can you tell us
what the volume of that shipping is-and
what sort of U.S. policy applies to military
flights over or combat operations over the
harbor area?
Answer. We have not been hitting shipping
in the Haiphong harbor. I don't have the
etxact figures on the shipping that might
have been in the area at the time of our
strikes. But that shipping was not in the
area of the strikes and not in the target area,
and was not hit. There has been consider-
able reduction in the free-world shipping
into Haiphong. I think last month there
was only one ship, the month before there
were only five ships.
But we have not undertaken a campaign
against the shipping in Haiphong harbor
and, on the basis of the most accurate in-
formation we have-and to me it is utterly
convincing that we have not been striking
such shipping.
SOLDIERS OR DIPLOMATS
Question. There is a continuing clamor
in some Communist countries on readiness
to send volunteers to Vietnam If they are re-
quested. How do you read the prospects that
such volunteers might be requested and that,
indeed, they would go?
Answer. I can't be a prophet on that
point. What we would prefer is that they
send some negotiators to Geneva and I will
17739
be there. That is the way to avoid the neces-
sity of sending volunteers or to let this mat-
ter become further inflamed. What we want
are some people in striped pants, not people
in uniform. And I will be there to talk about
peace in Southeast Asia-perhaps not with
striped pants.
Question. In relation to what you said
about Prince Sihanouk's proposal before, if
the Vietcong did show some indication that
it was willing to sit down and talk with the
United States, would the United States show
a similar willingness?
Answer. You're familiar with what Presi-
dent Johnson said about this in July of last
year. This is not a question that can be dis-
cussed with those who can't stop the shoot-
ing, and I could sit here and negotiate that
point with you, but I would much prefer to
negotiate it with somebody who can stop
the shooting. The President said there
would be no insuperable obstacle to obtain-
ing the views of the National Liberation
Front if this issue of aggression was brought
under control.
[From the CONGRESSIONAL RECORD. pp. 7844-
7845, Apr. 18, 1966]
STATEMENT OF SENATOR MIKE MANSFIELD,
DEMOCRAT, OF MONTANA
Mr. President, during the past year, our
Armed Forces, by their sacrifices, gave a new
lease on life to the non-Communist military
and political structure of South Viet Nam.
But let us not delude ourselves. That new
lease on life runs only so long as U.S, sup-
port continues and, in present circumstances,
continues to grow.
Indeed, the price may be expected to rise
once again as a result of the current chain
of developments. Certainly, political
changes since the death of President Ngo
Dinh Diem have tended to increase the cost
of support in terms of U.S. lives and aid.
It has been said that the French lost the
war not in Indochina, but in Paris. It has
been implied, in parallel oversimplification
of this most complex problem that if the
present war is lost, it will not be lost in
Indochina but in the United States and,
more specifically, in Washington, and per-
haps even in the Senate of the United
States.
I think it is about time to dispense once
and for all with glib assertions of that kind.
The great need is to probe for the dimensions
of this complex and changing situation and
for a rational role for the United States.
The reality is that if Indochina is lost it
cannot be lost by the United States which
has never possessed it, does not possess it
now, and would not possess it if it could. The
reality is that, in any meaningful sense,
Viet Nam cannot be won or lost in the United
States or Washington. Nor can It be won,
in a final or an enduring sense by Americans
in Viet Nam who have carried their difficult
tasks at such great sacrifice.
But if it comes to that, the future of Viet
Nam can be won or lost in Saigon by a
failure of Vietnamese leadership and by
the continuing inadequacies of the present
politico-military structure. It can be lost
in Saigon, too, if we do not exercise in this
matter a wise restraint against over-eager-
ness to help and in this recent crisis Presi-
dent Johnson has acted most commendably.
It cannot be said too Often that in this day
and age, and in matters of political leader-
ship in particular, our efforts cannot be
substituted for the efforts which must come
from others on behalf of their own peoples.
To sum up, whatever their outcome, re-
cent events tell us that there is trouble in
Viet Nam, It is deeper and more complex
than we have heretofore been prepared to
acknowledge. We will do well, now, to face
up to that fact and to the fact that we a. e
deeply enmeshed in the trouble. We may
be prepared to let alone these inner conflicts
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CONGRESSIONAL RECORD -SENATE Augus& 8, 1966
in South Viet Nam but they will not let us
alone. They may appear peripheral to us in
View of the emphasis which has been given to
other aspects of the problem. In fact, they
may have very little to do with the war in
which our forces are engaged. But the fact
is, too, that they are Inseparable from that
war from the Vietnamese point of view. In-
deed, for many In South Viet Nam, the
present difficulties are more central to the
problems of Viet Nam than the war.
We can ignore these considerations only at
the risk of turning the war in Viet Nam into
one which is, at best, Irrelevant to the people
of Viet Nam and, at worst, one in which their
hostility may readily be enlisted against us.
We had better recognize, instead, that these
recent manifestations of schisms in Viet
Nam lend added emphasis to the validity of
the President's policy. He has designed that
policy to serve U.S. Interests by an active
and continuing search for negotiations in an
effort to end the war and so contain our in-
volvement in Viet Nam within reasonable
limits.
It bears repeating, therefore, at this time
that there is only one really basic factor
which from the point of view of U.S. policy is
essential to a prompt end to the conflict by
negotiations and to the withdrawal of U.S.
forces. That factor has been described, in
effect, time and again by the President, and
without 'ifs," and "and," or "buts." That
factor is the establishment of conditions,
through negotiations, which will assure and
safeguard an authentic and free choice to
the people of South Viet Nam as to their
political future and as to their ultimate rela-
tionship with North Viet Nam. That and
that alone Is the objective of the United
States military effort and the President's
policy.
It is most unfortunate that neither the
United Nations nor the co-chairmen of the
Geneva Conferences--that is the United
Kingdom and the Soviet Union-or other
participants therein have been able to bring
about negotiations looking to a peaceful
solution along these lines. It may be, as the
Soviet Union and others have said, that con-
ditions do not exist at this time which per-
mit them to take an initiative for negotia-
tions. But it may also be that efforts to
bring about negotiations may be pressed
more usefully elsewhere than either through
the Geneva Conferees or the United Nations.
It may be that negotiations should be
sought with greater vigor precisely in the
region where the proximity of the conflict
lends a greater sense of urgency to the neces-
sity for its settlement.
It has been said many times and, in my
judgment, correctly that a just settlement
of the Vietnamese conflict by negotiations
would serve the interests of this nation as
Well as other nations which are either pain-
fully Involved or threatened with involve-
ment, If that is the case then perhaps there
is something to be said for a direct con-
frontation across a peace table between our-
selves and Hanoi, Peking, and such elements
In South Viet Nam as may be essential to the
making and keeping of a peaceful settlement
in that region. Certainly, there would be no
better place to locate a peace table of this
kind than in Japan or Burma or some other
proximate and appropriate Asian setting. It
is not in Europe but in Asia and the United
States where the pain of the war is felt, It
Is In Asia where the implications of this war
are most grim.. It Is in Asia where other na-
tions are immediately threatened by its
spread. It is, in short, in Asia where the
peace must be made and kept. It may well
be, therefore, that it is In Asia where peace
must now be-directly and vigorously--
sought.
Mr. AIKEN. Mr. President, as 1lis-
tened to the remarks of the majority
leader, I hoped inwardly that' everybody,
particularly officials In Washington,
would give heed to those remarks when
it becomes apparent, as it is now, the
great difficulties which the United States
will have even if we use all of our man-
power and even if we use all of our re-
sources in settling the affairs and restor-
ing stability to the countries of southeast
Asia.
Then, it seems that if southeast Asian
countries themselves are willing to un-
dertake this job of restoring peace and
stability to that area, we should give
them every opportunity to do so and
every bit of our assistance, which can be
interpreted as not being unwarranted
interference with their affairs.
On Tuesday, July 26, in an exchange
of views with the majority leader an the
subject of General Ky and his willingness
to assume leadership for the western
democracies, I commented that I did not
know whether to "swell with pride or to
tremble with apprehension." Lest there
be doubt, I now tremble with some
apprehension.
I had grave misgivings as to the mo-
tivation of General Ky when he proposed
to go into North Vietnam to destroy
communism "in its lair."
Was he speaking only for himself? I
hoped so. Was he speaking for some of
his advisers? If so, I hoped none of them
were Americans.
Yet, my hopes turned to doubt when
I read in the press on August 6, that our
Secretary of State did not rule out a
ground invasion of North Vietnam.
In this connection, I came across an
interesting article in the London Econ-
omist for July 9, 1966, entitled "How Not
To Influence the Americans." The Econ-
omist, I may say, has not been dovelike.
Nevertheless, one paragraph puts the sit-
uation posed by General Ky, and people
who think like him, into such clear per-
spective that I wish to read it into the
RECORD. In commenting on the expan-
sion of bombings to the north, this para-
graph reads:
The reaction of China and Russia has been
equally undramatic. They have done noth-
ing since the bombing that they were not
doing before. No doubt Russia and the
other European communists will send more
oil and lorries and anti-aircraft guns; no
doubt the Chinese will issue more denuncia-
tions to add to the pile of 400-odd "grave
warnings" they have already uttered on a
variety of subjects. But it is still unlikely
that either China or Russia will risk a direct
clash with the United States unless America
seems to be threatening the very existence
of communist North Vietnam. They might
risk a world war to keep communists in
power in Hanoi; they will probably not risk
one to put communists into power in Saigon.
It is the difference between losing something
you have, and failing to acquire something
you haven't. The first is much worse. So
longs as the Americans make it clear that
they are limiting themselves to the defensive
aim of trying to preserve an independent
South Vietnam-no more than that-the
odds are that the war itself can be kept lim-
ited and local. (Italic supplied.)
I trust the President will impress on
our erstwhile ally in Saigon and those of
our own ambitious militarists that the
sole aim of the United States is, in the
words of the Economist: "to preserve an
independent South Vietnam-no more
than that."
I ask unanimous consent to have the
entire Economist editorial and also an
editorial from the St. Louis Post-Dis-
patch entitled "Stop the Invasion Talk"
printed in the RECORD at this point.
There being no objection, the editor-
ials were ordered to be printed in the
RECORD, as follows:
[From the Economist, July 9, 19661
HOW NOT To INFLUENCE: AMERICANS
In the last ten days Britain has cone
within an ace of chucking away its power
to influence the actions of the United States.
It does not have all that much power left;
but it nearly lost what it has. This is what
the revolt in the Labour party against Amer-
ican policy In Vietnam almost managed to
achieve,
Mr. Wilson has appeased his left wing by
going to Moscow to see Mr. Kosygin; it is a
trick that should be good right the way
through to the party conference in October.
But this is dodging the left wing, not fight-
ing it. The trip to Moscow is little more
than a delaying device: Mr. Kosygin is un-
likely to give his blessing to negotiations
that North Vietnam is still not ready to
accept. Mr. Wilson side-stepped the real
issue by refusing to take his stand on clear-
cut support of the American position in
Vietnam. His negotiating power in Wash-
ington is thereby diminished; and cutting
the left wing down to 30 abstainers on
Thursday night by no means makes up for
that.
If the British want to, they can give up
the attempt to influence American policy.
They can retire to the sidelines and blow
raspberries instead. It is what the Labour
left wing and the Tory right wing would like
to do; it is what General de Gaulle has done.
They will then be treated the way barrackers
usually are treated, by being ignored. But
if the British want to keep any influence
over what the United States does, they must
remember the basic rule for the only sort
of relationship that gives Britain any pull in
Washington, The rule Is that Britain goes
along with the main alms of American for-
eign policy in return for the right to nudge
the Americans back on course when they
seem to be deviating from those aims. It is
a fair exchange. None of the main things
the Americans want to do in the world con-
flicts with the main things Britain wants to
do: in almost every respect except direct
commercial competition, the two countries'
interests run parallel.
Mr. Attlee followed this basic rule in. 1950:
he edged the Americans back on course when
they were in danger of forgetting that their
main aim was to defend South Korea, not
to have a showdown with the newly emerged
power of communist China. So did Mr.. Mac-
millan in 1959 when he manoeuvred the
Americans towards the necessary detente
with Russia. And so did Mr. Wilson in 1964,
when the scheme for' a Nato nuclear fleet
was in danger of snarling up relations with
Russia: he reminded the Americans that
relations with Russia came first, This right
to dig the elbow into the Americans' ribs
at critical moments is extremely valuable.
But ony good allies get It; and it depends
on picking the right critical moments. The
bombing of the Hanoi and Haiphong oil
dumps was not one of them. The reconnais-
sance photographs are now in; and once
again, as in the Cuba crisis of 1962, the
photographs bear out what the Americans
said and what their critics refused to believe
until the evidence stared them in the face.
What happened on June 29th was that a
smallish force of planes-46 light bombers,
not the big strategic sorts-dropped a rela-
tively modest 9ltons of bombs with pain-
staking precision on two undeniably military
targets in the soggy riverside area outside
Hanoi and Haiphong. That is all. It bore as
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STtohPe STHE t. Louis Post-Dispatch]
much relation to a mass attack on centres of Vietnam." There two different definitions [From
r population as a surgeon nicking out a poly- of what the phrase could mean and there- Rusk's discussion of the
pus bears to a slaughterhouse. The available fore two different courses of action that the Secretary possibility of that A State American troops might the
photographs suggest that the, id caused no rigorousn of the possibilities open to them is vade North Viet Nam is frightening. It is
more eround sgg
more civilian casualties than a Vietcong a Korean-style solution. It implies that the difficult to believe that the United States
bombing in Saigon, and a great deal fewer South Vietnam which would emerge from would commit such a tragic blunder, and it
than when a Vietcong unit in the south the war would be like South Korea after 1953. Is true that Mr. Rusk said, "There is no
opens fire on American troops from the cover It would be a country in which the com- policy desire to move into North Viet Nam
of a village. The Americans had already munists had been totally defeated, and in or the demilitarized zone" between North
bombed about a dozen other oil dumps in whose political life they and their friends and South at the Seventeenth parallel.
similar physical surroundings in North Viet- would be allowed to play no part whatso- But Mr. Rusk's discussion of the matter
nam without anybody saying that this was ever. It would be a country tied to the at a press conference indicated that an in-
the time to break with American policy. United States by a military alliance, and by vasion, urged a few days ago by Premier Ky
The only difference on June 29th was that the presence of an American garrison on its of South Viet Nam, was not out of the ques-
they moved inside the inviable dotted line soil. The military implications for the pres- of It will depend, Mr. Rusk said, "on the
ea of ent ,oar are obvious. To achieve a solution turn of events: the commander will have to
So much for the "indescribably wicked"
event (Lord Soper) that "overshadowed the
whole planet" (Mr. Michael Foot), and
which the BBC in one broadcast reported
as having set fifty square miles on fire.
There are seeds of hysteria in Britain to-
day. True, the bombing will not bring North
Vietnam's leaders running to the negotiating
table. It is almost certainly nonsense to
hope, as some Americans hope, that it will
change North Vietnam's mind about the
desirability of doing what it can to equip
and reinforce the rebellion in the that But
it is equal nonsense to suppose
chances of negotiation are today actually less
than they were before the bombing, when
the business of helping the Vietcong was
easier than it is now. The North Vietnamese
have probably stock of fuel. lost
They willt buy more, nd con-
ceal it better. But at the very least there will
a few weeks or wnt the Ho which
Chi Minh
lorries will bump
trail, and the communist forces In the south
will be correspondingly weaker. Itis tone
he
factor which may eventually persuade
North Vietnamese that they are not going
to win the battle in the south. If they
come to doubt their chances of winning, and
if the Americans then offer them some face-
me stage agree
t
so
saving formula, they may a
.to talk. It is as undramatic as that. permitted to return, in a carefully controlled
The reaction of China and Russia has been way, into the political life of the country.
equally undramatic. They have done noth- They are still -not allowed to organize their
ing since the bombing that they doubt were Runot own s- to make party. their But own point doing of view felt through
doing before (see age ge 140). No
European communists will the theoretically non-communist Union of
sib and the other page
send more oil and lorries and anti-aircraft the Democratic Left. Through this party, been
in G
factor
a
olitic guns; no doubt the Chinese will of 400-odd havelations ever since the earlyr1950's. Most
grave they have already uttered people would prefer to see the problem of
"grave warnings" a add to the pile
on a variety of subjects. But it is still un- the communist-led rebels in Vietnam
likely that either China or Russia will risk handled In the same way. The war will
a direct clash with the United States unless probably have to go on until they accept that
America seems to be threatening the very they represent only an active minority of the
existence of communist North Vietnam. South Vietnamese. Even then, they will have
They might risk a world war to keep com- to be prevented from making another attempt
munists in power in Hanoi; they will prob- to seize power by armed rebellion. This will
ably not risk one to put communists into require some pretty powerful outside super-
power in Saigon. it is the difference be- vision. It is not a fool-proof solution. But
tween losing something you have, and failing it does hold out the hope of meaningful ve-
to acquire something you haven't. The first gotiations. It gives a chance of ending the
is much worse. So long as the Americans war sooner than it could be ended by a pol-. And in
t make it clear that they are limiting them- icy itotal suppression followed by ahe eod of
selves to the defensive aim of trying to pre- . peace
serve an independent South Vietnam-no stability in south-east Asia, is could pave the
more than that-the odds are that the war way for a national recohcllation in Vietnam.
itself can be kept limited and local. Mr. Wilson will almost certainly want to
And this is the crux of the matter. For argue for a Greek-style solution rather than
to
all the influen a he can bring point
there are mons, that signs, serious outside international debate pis orean-style one. To make his
This alms
is a the bear sort of athingtthat Mr. Attlee did in 1950.
now opening u of American policyoin Vietnam. underlying
far more important subject than the fiddling This is what the whole business of British
argument about the difference between a influence with America is about. What the
precision job three miles from Hanoi and irrelevent have ructions is about Hanoi and hHai-
another precision job 15 miles from it. It is phong to endanger his c
a subject on which Mr. Wilson will want to of getting a serious hearing. Who is going
put his views Mr. Johnson when he sees to Washington? Is it Harold, the welcome
hin Washington on July 2 29th. confident whose ideas are worth listening to?
him i
The argument is about exactly what the Or is it General de Wilson, the Irritating
Americans mean by an "independent South pontificator ripe for a brush-off?
on fighting until pretty well everybody In
the National Liberation Front had surren-
dered or been killed. it would rule out ne-
otiations with the communists in the south,
g
and so with North Vietnam too, except on
the terms of Vietcong's capitulation.
This is the "military solution" people have
been talking about, and Mr. Jgqm~nson is
plainly very tempted by it. It would be the
safest solution if It could be achieved with-
out paying an excessive price. But most
people In Europe-including most of Mr.
Johnson's best friends-doubt whether It
can. It would call for a longer war and more
blood-letting than a less ambitious policy
would. It would mean more hysteria from
the anti-Americans, and more doubts among
the pro-Americans, and more fraying of the
links between the United States and its allies.
Above all, it would mean ignoring the one
hard fact that has emerged from the fight-
ing. This is that the National Liberation
Front, which includes both communists and
some non-communists, does represent the
frustrations and hopes of a good many
South Vietnamese. It could not have put up
such a fight if it had not.
The alternative is a solution on the lines
not of Korea, but of Greece. The Greek com-
munists were beaten in the civil war that
security of his troops."
We concede that a field commander has
this obligation. But his superiors have the
obligation of instructing him to keep his
men out of areas where such a course might
appear necessary to him. A movement of
infantry across the parallel would involve
another drastic change in the nature of the
war. It would be similar to the movement
that brought the Chinese into the Korean
war. It would alienate international opinion
still further from United States policies.
Ultimately, it might mean disaster.
The United States has recently been bomb-
ing not only North Viet Nam but the buffer
zone in the vicinity of the Cambodian border,
across which North Viet Namese troops are
said to flee to sanctuaries. These raids, dif-
ferent in kind from an invasion, are taking
place as Ambassador Harriman prepares to
go to Cambodia to seek ways of keeping that
peaceful little country out of the Indochina
conflict. We earnestly hope he succeeds.
Standing alone, Mr. Rusk's remarks are
not so disquieting as when placed in con-
junction with what Premier Ky said on two
occasions within the last two weeks. In ef-
fect Ky posed the alternative of a war of five
to 10 years duration or an invasion of the
North, which he said he did not think would
mean Chinese intervention. The State De-
partment refused to repudiate Ky's state-
ments; instead, it tried to dissociate itself
from Ky's proposals without appearing to
offend Ky.
Unfortunately, the history of United States
involvement in Viet Nam is one of escalation,
and so there are additional reasons for view-
ing the Rusk and Ky remarks with trepida-
tion. Perhaps this is mitigated to some ex-
tent by Mr. Rusk's repeated assertion of his
desire for peace in Southeast Asia, and his
willingness to negotiate for it.
Any chance of negotiation would be fur-
ther jeopardized, however, if not destroyed,
by an invasion, and the Administration
ought at once to put a stop to any idea that
it could take place. Talk has a way of cre-
ating a climate of acceptance; it should be
terminated by firm assurance that invasion
is unthinkable.
Mr. MANSFIELD. Mr. President, will
the Senator yield?
Mr. AIKEN. I yield.
Mr. MANSFIELD. Mr. President, I
wish to commend the distinguished sen-
ior Senator from Vermont, the ranking
Republican in this body, for the pertinent
remarks which he has just made. As ,al-
ways, he is quite conservative in his use
of words but he gets 'to the point rather
quickly so that no one can misunder-
stand.
As I interpret correctly what the dis-
tinguished Senator is saying, effect,
quoting the Economist, is that the best
way to carry on the war is to keep it
limited and to try to prevent it from be-
coming open ended. If it does become
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CONGRESSIONAL; RECORD - SENATE Augulst 8, 1966
,open ended, then, of course, all bets are Montana in their expressions of hope this subject on three different occasions:
off and the dire possibilities are tremen- that we can, somehow, keep this terrible First, in 1962 (S. 3304) ; second, in 1963
dous. catastrophe in southeast Asia as limited (S. 1013) ; and third, again in 1965 (S.
I would hope that this admonition as possible, consistent, of course, with 368). Finally, in 1965, the contents of
would be kept in mind and that we would achieving the prospect of independence my bill were incorporated as an amend-
keep our eye on the ball at all times and for South Vietnam. ment to S. 3 and became section 205(c)
be aware of the limited objectives, which of the Appalachian bill, which ;passed the
.we have because the President has stated Congress and was signed into law in
time and time again that that is the na- STRIP MINE STUDY March of that year and is now known
ture of our engagement in that part of Mr. LAUSCHE. Mr. President, I have as Public Law 89-4.
the world. -- had the pleasure of reading an advance While my bills provided for a, thorough
Mr. AIKEN. I thank the Senator copy of an interim Report by the Secre- study of strip and surface mining activi-
from Montana. I try to view the war in tary of the Interior to the Appalachian ties and problems relative to all minerals
southeast Asia in a practical manner. Regional Commission dealing with the and all States, this interim report deals
When I realize the extent to which we problem created by the strip mining of with the Appalachia States only, where
have already gone in expending our re- land to dig coal out of the earth. I com- the problems are most acute and serious.
sources and manpower, and the extent mend Mr. Udall and all others who are Section 205 (c) provides for a nationwide
to which we will likely be called upon to participating in this study. study which will be reported in the Sec-
go, in the event the war is not limited- In the past, I have introduced three retary's final report to the Congress.
certainly not beyond its present extent- different bills calling for a study and EFFECTS of STRIP MINING
then I realize the devastating effect on asking that a determination be made by Mr. President, the magnitude of coal
our country which an expansion of the the Government concerning what part stripping and land desecration in the 12
war may have on its economy, I know the U.S. Government should take in reg- Appalachia coal producing States is re-
that we have already gone so. far that a uiating the operations in which the sur- vealed in an up-to-date table contained
great many people will have to pay a high face of the land is stripped, the trees and in the interim report. I ask unanimous
price for the cost of this venture in grass removed, the coal excavated, and, consent that the table be printed in the
southeast Asia, provided we go no fur- finally, the land left useless and sterile. RECORD at this point as a part of my re-
ther. In many instances neither vegetation marks.
Mr. COOPER. Mr. President, will the nor wildlife is on the land when the strip There being no objection, the tabula-
Senator from Vermont yield? miners get through with it. tion was ordered to be
Mr. AIKEN. I yield. As I pointed out, I introduced bills on RECORD, as follows: printed in the
Mr. COOPER. The two speeches we
have just heard, one by the majority TABLE 1.-Status of strip and surface mined coal lands in Appalachia as of Jan. 1, 1965,
leader and the other by the ranking Re- in acres, as reported by State authorities
publican Member, are very timely. They
should be read with great interest and State I Unreclahned Partially Completely Total
concern by the Senate and the people of reclaimed reclahned disturbed 1
the United States.
Yesterday, I read a statement by a Alabama_________________________________________________ 2,200 11,700 51 000 18,900
writer in one of the newspapers that the Georgia --------------------------------------------------- -------- _ _-_ 75 225 300
M ntucky --------------------------------------------- ___ 31,487 4,439 12,363 48,289
war in southeast Asia might last for $ Ke
aryland---------------------------------------------- 494 753 995 2,242
years, and that it might involve the in- New Yorlr--------- ------------------------------------ ------------- -------- ---- -----------
troduction of American troops into Viet- Nortb Carolina ----------------------- ._______________-- -__------
------21 90-- -------------- --------------
nani to a total of 750,000 men. Of course, oh,o_ ----------------------------------------------------- 33, 640 21, , soo 9 rz3, Bis 17s, 25s
this is speculation. But, no one can fore- Pennsylvania:
Bituminous----------------------------------------- 158,500 83,600 242,100
see the future, and the prospect ought Anthracite ------------------------------------------- 50,000 9,000 50,000
to lead to increased eff orts for negotia-
tion. Total,Pennsylvania__________________________,____ 4208,500 92,600 301,100
-
The majority leader has brought to our South Carolina_ ___________________________________ ------- ___ _____ ---_
- ----------, 760
attention that movements seem to be un- Tennessee__________________________________________25,387 275 1,098 26, 7so
Virginia ------------------------------------------------- 15,014 13,549
derway at the present time by countries West`irginia___________________________________________ +145718 46,3503 20 29,088
192,038
in southeast Asia toward some sort of --- ---
negotiation. Total a------------------------------------------------- ---- 4354'
21 52,891
---------------- ------ -----
___________-------------- I thought it was interesting that two i 218 282, 920 797,951
of the foreign ministers at the recent ' Frem inception of stripping to Jan. 1, 1965, unless otherwise noted.
Thailand, represented countries which ; Represents disturbed acreage 1914-68.-
No breakdown reforted b
St
t
y
e.
a
are among our closest friends.
At ? Represents disturbed acreage to Jan. 1. 1966.
times it may appear that there is
little prospect of negotiation-and I am Mr. LAUSCHE. Mr. President, in the of the last cut or highwall of the areas
aware of the efforts of the administra- tabulation of the States in which the inspected has not been substantially re-
tion to obtain negotiations-but the cur- most extensive strip mining has been duced by back filling and grading off,
rent efforts of Asian nations are impor- done contained in the report of the See- then I say the reclamation project is not
tant. They should be watched carefully :retary of the Interior, Pennsylvania complete. The Secretary of the Interior
and encouraged by the administration. seems to lead the list. I regret very and his staff should pay particular at-
Mr. PROXMIRE. Mr. President, I, much to say that Ohio is second in this tention to this phase of reclamation, for
too, should like to commend the distin- grim treatment and abuse of the. land, exposed seams of coal at the face of the
guished Senator from Vermont [Mr. I call attention in particular to the highwall are the source of most pollu-
AIxEN] and the distinguished Senator situation in Ohio where under law en- tion and the ungraded highwall itself is
from Montana [Mr. MANSFIELD] on their acted while I was Governor of that State the greatest potential for landslides,
statements today. some reclamation admittedly has been highway destruction, and damage to ad-
It is most significant that these two accomplished, but it has been far too lit- jacent unstripped lands.
outstanding leaders of the Senate have tie. Of the total 179,256 disturbed acres, Communities in unreclaimed spoil
:expressed their enthusiastic support of 33,540 are unreclaimed; 21,900 are par- bank areas too suffer from blight, re-
efforts to have the southeast Asian na- tially reclaimed; and 123,816 are com- duced tax revenues, and general deteri-
tions try to, achieve peace, and to support pletely reclaimed. oration. The Federal Government can
U Thant and the United Nations, in their The interim report of the. Secretary no longer close Its eyes to this spreading
initiative to achieve this. does not distinguish the difference be- cancerous situation. While I continue
Mr. President, I also support the Sena- tween partially reclaimed and com- to emphasize that the ultimate and
tor from Vermont and the Senator from pletely reclaimed land, If any portion whole responsibility for adequate land
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-A 4 O rnvrrRPccTnwAT. RECORD - SE A
construction performance bond on the
Washington, D.C., Stadium for his son-
in-law's insurance firm.
In addition, it has been charged Mc-
Closkey is involved in three housing
projects in Florida which were covered
by Federal Housing Administration loans
totaling $28.8 million, which loans were
subsequently defaulted.
I would like to call attention to an edi-
torial which appeared in the Albuquer-
que Journal of July 21, and an article
-which appeared in the Scripps-Howard
newspapers on July 20.
The Albuquerque Journal editorial
states:
Sen. MILwARD SIMPSON, R., Wyoming, has
solid grounds for protesting the award of a
$12.6 million contract for a new Philadelphia
mint to Matthew McCloskey, former Demo-
cratic national Treasurer.
At the end of the editorial it is stated:
Senator SIMPSON has lined up a formidable
array of arguments against the McCloskey
contract award. But in view of McCloskey's
powerful party connections, it appears likely
his protest has come too late.
I hope this is not so. I hope the Gen-
eral Services Administration will recon-
sider the awarding of the contract in
view of the conduct of McCloskey in his
work and other questions which have
been raised.
For the purpose of informing Senators
who may be interested I ask unanimous
consent that the editorial and article to
which I have referred be printed at this
point in the RECORD.
There being no objection, the editorial
and article were ordered to be printed in
the RECORD, as follows:
[From the Albuquerque (N. Max.) Journal,
July
A TIMELY PROTESTI
Sen. MrLwARD SIMPSON R-Wyoming, has
solid grounds for protesting the award of a
$12.6 million contract for a new Philadelphia
mint to Matthew McCloskey, former Demo-
cratic national treasurer.
STIMSON's protest, aimed at General Serv-
ices Administration, holds no contracts
should be awarded McCloskey "until ques-
tions relating to the man's ethical and pro-
fessional standards are clarified."
The questions SIMPSON referred to in-
clude :
-A federal court suit seeking to recover
damages resulting from "incompetent work"
on a Veterans Hospital near Boston-siding
on the hospital peeled off the day following
completion of the project by McCloskey &
Co.;
-McCloskey "has been accused of making
an illegal $25,000 campaign contribution to
Democrat war chests;"
-"He also has been accused of paying a
$10,000 kickback so he could obtain the con-
struction performance bond on the Washing-
ton D.C. stadium for his son-in-law's insur-
ance firm;"
-McCloskey & Co. is involved in three
Florida housing projects, covered by FHA-
insured loans totaling $28.8 million-loans
subsequently defaulted;
-McCloskey & Co. "constructed the most
expensive office building in the world, the
Rayburn House Office Bldg., at twice its origi-11
nal price ...
In his letter to Lawson B. Knott, GSA
head, SIMPSON also noted it is "quite pos-
sible" pending, court action against Bobby
Baker-former Senate majority secretary-
"will involve Matthew McCloskey."
No. 129-13
Senator SIMPSON has lined up a formidable
array of arguments against the McCloskey
contract award. But in view of McCloskey's
powerful party connections, it appears likely
his protest has come too late.
. MCCLOSKEY MINT JOB DRAWS FIRE
WASHINGTON, July 20.-Sen. MILWARD
SIMPSON, R-Wyo., has protested awarding of
a $12.6 million contract for construction on
the new Philadelphia mint to Matthew Mc-
Closkey, former Democratic national treas-
urer.
SIMPSON has written Lawson B. Knott,
head of the General Services Administration
(GSA), charging that no federal contracts
should be awarded to McCloskey and Co. of
Philadelphia "until questions relating to the
man's ethical and professional standards are
clarified."
The letter to Knott was placed in the
Senate record.
"I remind you that a civil suit is pending
in federal court to recover damages brought
about by `incompetent work' on the Veter-
ans Administration Hospital near Boston,"
SIMPSON said.
SIDING PEELED OFF
He said the siding on the hospital peeled
off one day following completion of the proj-
ect by McCloskey and Co.
SIMPSON referred to McCloskey and Co. as
"politically powerful" and reminded Knott
that McCloskey "has been accused of mak-
ing an illegal $25,000 campaign contribution
'to Democrat war chests."
"He also has been accused of paying a
$10,000 kickback so he could obtain the con-
struction performance bond on the Wash-
ington, D.C. stadium for his son-in-law's
insurance firm," SIMPSON wrote.
PROJECTS DEFAULTED
In addition, the senator charged, McClos-
key and Co. is involved in three housing
projects in Florida which were covered by
Federal Housing Administration (FHA)
loans totaling $28.8 million and were subse-
quently defaulted.
"I'm sure you are aware also that it was
McCloskey and Co. that constructed the
most expensive office building in the world,
the Rayburn House Office Building, at twice
its original contract price," SIMPSON said.
He told Knott it is "quite possible" pend-
ing court action against former Se ate Sec-
retary Bobby Baker "will inXo a )Matthew
17745
Figuratively speaking, the extraordinary
American economy is carrying the war on
its little finger, although the finger is hurt-
ing a little.
The article continues:
The best evidence that the war is not caus-
ing a drastic change in the Government's
financial situation is in the magnitude of
the Treasury's planned borrowing, which is
actually a little less in the last half of this
year than had been estimated several months
ago.
Meanwhile, Industry is adding to its plant
and equipment at the record rate of $60.8-
billion this year. This means that the ca-
pacity of the economy to meet the demands
of defense without cutting back on the civil-
ian economy is growing in line with the ex-
panding defense expenditures, and possibly
faster.
In any event, almost no one foresees what
has been associated with war in the past-
shortages of consumer goods, raging infla-
tion, enormous Government budget deficits
and the like.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD the
article entitled "Vietnam War's Impact:
Economy Is Hardly Hurt," written by
Edwin L. Dale, Jr., and published in the
New York Times for today, Monday, Au-
gust 8, 1966.
There being no abjection, the article
was ordered to be printed in the RECORD,
as follows:
VIETNAM WAR's IMPACT: ECONOMY Is HARDLY
HURT
(NOTE.-This is the first of four articles in
which correspondents of The New York Times
have attempted to estimate the impact of the
Vietnam war on the American economy, the
nation's politics, the lives of its citizens and
foreign policy.)
(By Edwin L, Dale, Jr., special to the New
York Times)
WASHINGTON, August 7.-In the first six
months of this year sportsmen and business
executives bought more than 8,000 private
airplanes, easily a record and nearly half
again as many as those purchased last year.
This footnote to the American economy in
1966 illustrates a major truth about the war
in Vietnam.
The war has had distinct effects on the
economy and on the people and businesses
that make it up, but the effects have been far
less than in any other war in modern times.
Figuratively speaking, the extraordinary
American economy is carrying the war on its
little finger, although the finger hurts a bit.
Guitar strings have been reported in short
supply in some music stores around the
nation, and some retailers of men's suits
complain that there have been delays in de-
liveries of a few sizes and models of fall suits
because of the Government's demand for
military uniforms.
As everyone knows, however, there has been
nothing remotely resembling a shortage of
consumer goods, as has occurred in past wars.
From air-conditioners to gasoline, from
swimsuits to rugs, the effort has been to sell
rather than to turn customers away. Auto-
mobile dealers have the biggest unsold stocks
of cars in history.
Prices have gone up-housewives are con-
scious of paying about 8 per cent more for
meat than a year ago-and the costs of medi-
cal care have soared. Last week President
Johnson lost a battle with the steel industry
over a price increase, and investigators
sprouted over higher prices for the con-
sumer staples, bread and milk.
However, the inflation has been very small
by comparison with the zooming price in-
VIETNAM WAR IMPACT ON ECON-
OMY FAR LESS THAN IN PAST
WARS
Mr. PROXMIRE. Mr. President, per-
haps the most common economic fallacy
in Congress and out is that the Vietnam
war is feeding the fires of inflation, Or
is likely to do so soon, in a big and dev-
astating way.
This notion is a fallacy because our
economy has grown so immensely in the
15 years since our last war in Korea that
it is able to take the current burden of
belligerence-with all its heavy cost-
without even using up all its economic
slack:
One of the ablest economic commenta-
tors in the Nation is Edwin Dale, of the
New York Times. In the first of a series
on the impact of Vietnam on the econ-
omy, Mr. Dale writes this morning that-
The war has had distinct effects on the
economy and on the people and businesses
that make it up, but the effects have been
far less than in any other war in modern
times.
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CONGRESSIONAL RECORD - SENATE August 8, 1,966
creases of the Korean War, World War II or
even World War I.
For example, measured by the Govern-
ment's Consumer Price Index, the rise in
prices of the last 12 months of 2.5 per cent
was only one-fourth as great as in the first
year of the Korean War. Some items, such
as automobiles, are cheaper now than they
were a year ago.
FOOD PRICES CITED
Much of the price increase, and the hurt
for the consumer, has been in food, where
overall prices are up nearly 4 percent from
a year ago. However, a reduced baby pig
crop, drought and a smaller number,of dairy
cows have had far more to do with this rise
than the war.
As for steel, prices have gone up much
less than in the last peacetime inflation, in
1956-58.
Over-all, wholesale and retail prices have
risen in the first half of this year at an
annual pace of 3.5 per cent, enough to worry
seriously both consumers and the Govern-
ment, but less than in nearly all other indus-
trial countries, which are not at war.
Taxes have gone up. The Government
took away in April the reduction in the ex-
cise tax on telephone bills it had given in
January, and it did the same for a 1 per cent
tax on automobiles, amounting to from $20
to $35 a car.
These increases, however, are minor by
comparison with the big cuts in income and
excise taxes of 1964 and 1965, and by com-
parison with the tax increases of previous
wars. The main change has been merely a
speed-up in tax collections, including gradu-
iited withholding taxes that had long been
advocated on their own merit.
TAX CUT CONJECTURED
What is more, there are reputable econ-
omists who think the Government will be
considering another tax cut next year, with
the war still going strong.
Interest rates have gone up-indeed, one
of the steepest increases on record. Many
individuals trying to buy a home have found
a mortage difficult to obtain, and new
homebuilding has slowed.
This "tight money" situation, not alto-
gether caused by the war, has not, however,
prevented a record expansion of total lend-
ing in the economy. The Individual with
a reasonable credit standing who could not
get a personal loan has yet to turn up, and
one personal finance company is drawing up
business by sponsoring the Washington Sena-
tors' baseball games.
Business loans by banks have grown more
rapidly in the last six months than in all but
one or two years in the last 20. Even mort-
gage financing has only slowed, not stopped.
The war has worsened supply troubles in
a few metals, such as copper and molybde-
num. Some types of aluminum are on a
delayed delivery basis and electric wire has
been hard to acquire in the quantities manu-
facturers have wanted. As noted, textile and
apparel mills have been hard put to fill Gov-
ernment orders at a time of booming civilian
business, and some use of direct priority
orders has been required.
There is a severe shortage of skilled man-
power in the precision machining industry.
As an example of how the problem can be
made worse, nine out of the 23 apprentices
in Muskegon, Mich., being especially trained
to fill the gap, with Federal training funds,
have been taken away by the local draft
board.
only a system of priorities for defense and
one or two nondefense purposes, limited to
steel, copper, aluminum and nickel. The
"set-aside" of steel production for military
purposes is only 6 per cent of total produc-
tion, of copper and aluminum 13 per cent.
Autos, highway bridges, color television sets
and pleasure boats are jointly consuming far
more of these metals than the war.
Moreover, in a telling illustration of the
total picture, a spokesman for the precision
machining industry, after describing the
desperate labor shortage, recently told a
House subcommittee on small businesses that
was investigating problems of related indus-?
tries that if the war should "dry up" tomor-
row, the machine tool industry would still.
have nearly as great a problem.
The war has cost the Government money,
and thus has reduced the availability of
funds for domestic purposes. The Presi-
dent's budget last January cut $1.6-billion
from the amount authorized in about 25 new
Great Society programs in health, education,
antipollution and the like.
In addition, only minor increases were per-
mitted in two of the most important new pro-
grams-antipoverty and aid for elementary
and secondary education. Such promising
new ideas as automatic sharing of part of the
Federal income tax with the states and di-
rect income transfers to the poor were pigeon-
holed because of the $10.5-billion war cost
estimated for the fiscal year 1967, which be-
gan on July 1.
The new welfare programs are not the
only ones affected. Government public works
starts were cut in half in the new budget,
and the space agency, although still given the
sizeable sum of $5-billion, was denied a few
glamorous items, such as an advanced orbit-
ing solar observatory, and suffered a reduc-
tion of planning funds for what comes after
the first landing on the moon.
SOCIETY PROJECTS ON INCREASE
This is only part of the picture, however.
In dramatic contrast with the past? spending
on the new Great Society programs, although
less than the full amount authorized by Con-
gress is actually increasing in this fiscal year
by more than $3-billion-and this does not
take into account the start of the expensive
new Medicare program.
in the last fiscal year, with defense outlays
building up, total domestic spending, in-
cluding Social Security, far from declining,
rose $7.5-billion from the previous year.
Also in. contrast with the past, the budget
deficit has declined despite the war, and
there is a chgnce that the budget will have
a surplus in the current fiscal year.
Prices, taxes, credit, Government spending,
shortages-all tell the same story. The war
has hand an effect, but an astonishingly
small one.
TWO REASONS GIVEN
The explanation for this picture is agreed
to by most economic analysts in and out of
of the Government. It has two parts. Both
are in a sense obvious, but they do not appear
to be altogether appreciated by the public.
One is that this is the first time the United
States has entered a major war with a very
large existing defense establishment. This
means, simply, that the needed build-up has
been comparatively small.
When the Korean war broke out, total.
military Personnel numbered only 1.5 mil-
lion and this jumped to 3.3 million in a year,
or a rise of more than 100 per cent. Equip-
ment and weapons requirements increased
proportionately.
CONTROLS SYSTEM LACKING This time the build-up in a year has been
Despite these and other examples, and from 2.7 million men to 3.1 million, or about
in sharp contrast to prior wars, there is no 15 per cent increase. No conceivable increase
system of general allocations controls over will equal or approach the Korean experience.
materials or manpower, simply because one The defense budget more than doubled the
is not needed. In contrast with World War first year of the Korean War from $12.5-bil-
II and the Korean War, when every pound of lion to $30.5-billion, and it rose to $47-billion
the key metals and other materials was allo- in the next 12 months. This time the in-
Cated by the Government, this time there is crease in the first year was about $7-billion,
41
to $54-billion, or only 15 per cent, and the
next year's increase is likely to be about the
same.
A MATTER OF SIZE
The second reason given for the relatively
small impact of the war on the economy is
the size of the American economy.
In the first year of the war since the major
commitment began last July the gross na-
tional product-the total output of goods
and services, and the best measure of the
over-all output of the economy-has aver-
aged $711-billion. The-$6-billion cost of the
war in that period represents the amazingly
small amount of eight-tenths of 1 per cent.
The entire defense outlay, war costs in-
cluded, ran less than 8 per cent of the gross
national product by the second quarter of
this year, less than some recent peacetime
years when the gross national product was
smaller.
By contrast in the Korean War this propor-
tion zomed from 4.5 per cent before the war
started to 11.3 per cent a year later and event-
ually to 13.6 per cent.
This single figure-a war cost of less than
1 per cent of the gross national product up
to now-tells why the impact of the war,
relatively speaking, has been so slight on
the normal life of the economy. A $6-billion
war in any other economy would have a far
greater effect.
The cost of the war, of course, is still rising.
At present it is probably running at an an-
nual rate of about $12-billion or a little more,
with total defense outlays now at a rate of
about $60-billion.
However, the gross national product is
also rising-hence the capacity to absorb the
war with little strain. Unless the nature of
the war changes-to an all-out conflict with
Communist China, for example--the cost of
the war above "normal" defense spending is
unlikely ever to rise above 2 percent of the
gross national product. It is now about 1.5
per cent:
EFFECT ON EMPLOYMENT
The relatively small impact of the war as
measured against the total size of the econ-
omy has had its counterpart in unemploy-
ment figures.
In past wars the economy quickly moved
to full employment-and a manpower short-
age. This time, too, the war has spurred an
economy already nearing full employment
and added to the number working.
However, the improvement, seen in per-
spective, has not been spectacular.
In the 12 months from June, 1964, to June,
1965, as the economy was roaring ahead un-
der the impetus of the big tax cut of 1964,
the unemployment rate was reduced from
5.4 per cent of the labor force to 4.7 per cent.
In the next 12 months, with the war pro-
viding the additional stimulus, the rate
dropped from 4.7 per cent to -4 per cent-
exactly the same decline. There were still
3.1 million persons out of work in June, even
after allowing for thenormal rise at the end
of the school year.,
A DRAIN ON GOLD
In specific communities, of course, defense
spending has had a much bigger impact than
in the nation as a whole. For example, un-
employment has been sharply reduced in the
Eastern Panhandle of West Virginia because
of expanded helicopter production by the
Fairchild Aircraft Company at nearby Hag-
erstown, Md.
Jobs attributable to defense, however, re-
main less than 10 per cent of the total, and
the increase in jobs because of additional de-
fense spending caused by the war appears to
be no more than 2 per cent of the total.
This does not count the 400,000 additional
men in uniform.
Despite the relatively small impact of the
war at home, it has had one serious economic
cost not felt by the ordinary citizen: It is
directly responsible for sharply worsening
the deficit in the balance of international
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AA,ust 8, 1966 CONGRESSIONAL RECORD - SENATE 17747
payments after a heartening improvement pacity of the economy 'to meet the demands special projects of professional development.
in 1965. of defense without cutting back on the civil- Fulbright scholars in Greece worked on the
The direct foreign exchange cost of the fan economy is growing in line with the restoration of the Agora, beneath the tower-
Operations in Vietnam will be an estimated expanding defense expenditures, and possi- ing heights of the Acropolis. A Fuibright
total of $750-million this year. What is bly faster. grantee helped developed a canning industry
in the Shan states of Burma and showed the
more serious, an unknown number of these NO SHORTAGES FORESEEN people how to make sauerkraut from dis-
dollars are finding their way to France, In any event, almost no one foresees what paeoded surplus cabbages.
which now converts every dollar it receives has been associated with war in the past- The surplus hi a critical period in the
into gold at the United States Treasury. shortages of consumer goods, raging infla- early fifties. Sources of foreign currency
The worsening of the balance of payments tion, enormous Government budget deficits wessential to icontinuation were
drying were r its with its continuation w re
has not brought on any financial crisis, nor and the like. which
does it threaten to do so, but it has delayed. Some economists, such as Oscar Gass of dr dryingup McCarthyism, al to of Cinfiltration, focused
the day when the gold outflow will be Washington, believe that economic capacity on charges
the Fulfor a time. For-
stopped. from now on will grow faster than total de- on t br o Communist ni effort r and e. For-
In d and it Congre 1961,
the program sense going. prevailed
What if the war should end? What then mand, including demand from war spending. tunately,
for the economy? In this picture, unemployment would be its most significant endorsement with pas-
national R. Hoff a, the president of the inter- rising a little by the end of the year, with
national brotherhood of Teamsters, has the war going full blast, and the Govern- sage of the Fulbright-Hays act. That meas-
forecast a sharp jump in unemployment and, ure confirmed the program's rationale, ex-
a consequent ent weakening stimulate well be considering a tax cut to tended many of its features, gave it a broader
among other things, the economy. field of action and more financial support.
in union bargaining power. There can be If this happened, or if the President felt The foreign teachers and lecturers who
little doubt that millions of citizens in- called upon to propose an increase of from came here reached 311,725 American Stu-
that peace e present would uld is a $5-billion to $10-billion in domestic spend- dents, and American teachers returned here
result of tivflt e the war that
and the
resula bring ing, it would be the most dramatic evidence
economic trouble. yet of how readily a three-quarter-trillion have reached the lives of some 3.2 million
Once again, however, most experts dis- students going through elementary and see-
dollar economy can cope with what is, after ondary schools. Thus our educational sys-
agree. Defense spending, to begin with, would all, a sizable war. tem has been enriched, and we have helped
not decline abruptly but would taper off, enrich education abroad. The Fulbright pro-
they say. Some part of the reduction, they MILWAUKEE JOURNAL HAILS 20TH gram has made it a smaller and better world.
-4xplain, would be replaced by the economic
most of reconstruction in Vietnam, possibly ANNIVERSARY
OF FULBRIGHT SCHOOL MILK PROGRAM ESSENTIAL
in both north and south, which could run
$1-billion a year or even more. Mr. PROXMIRE. Mr. President, yes- FOR GOOD SCHOLARSHIP
manpower-- terday the Milwaukee Journal saluted Mr. PROXMIRE. Mr. President, leg-
Tense Regardless outltays sof how -and and much aeiensee how little
decline, the economic impact can be readily the distinguished Senator from Arkan- islation extending the special milk pro-
offset in either or both of two ways. sas, Mr. FULBRIGHT, on the 20th anniver- gram for schoolchildren an additional 4
One is a tax reduction, which in effect sary of his great program of Fuibright years as well as an appropriations meas-
simply replaces Government spending with scholarships. ure funding the program for fiscal 1967 is
private spending. The total demand of I ask unanimous consent that this still being considered here in Congress.
goods and services is unimpaired, although thoughtful tribute from one of the Na- Those who were so eager to see the school
some individual, businesses gain orders and tion's finest newspapers to the remark- milk program continue on as it has so
others lose them.
The other offsetting factor is an expansion able chairman of the Foreign Relations successfully in the past now assume that
of Federal domestic spending. There is no Committee, an editorial entitled "20 victory is theirs. It is true that the bill
lack of ideas for enormous expansion of out- Years of Fulbrights," published in the appropriating funds for the program for
lays on the home front, ranging from direct Milwaukee Journal of August 7, 1966, be fiscal 1967 has passed both Houses. The
transfer of income to the poor to a huge as- printed in the RECORD at this point. only step that remains is for the House
Sault on the educational deficiencies of There being no objection, the editorial and Senate conferees to agree to resolve
her of Northern Federal am s areas. programs has Spending been on a nnm curtailed-, was ordered to be printed in the RECORD, the difference between the House and
e
although not reduced, by the war, and ex- as follows: Senate passed versions of the bill. It is
pansion could come quickly. TWENTY YEARS OF FULBRIGHTS also true that legislation extending the
"I am convinced," said one respected Wall Sen. FULBRIGIT (D-Ark.), embattled over school milk program has been passed by
Street analyst the other day, "that peace Vietnam and the foreign aid bill, must have the Senate and reported by two House
would be bullish-bullish for the economy enjoyed a moment's respite Monday. when committees.
and bullish for the stock market." he was able to mark the 20th anniversary of However, this is no time to rest on our
Many economists agree. his brilliantly conceived and highly success- laurels. We must make the final push
FUTURE IS WEIGHED ful Fulbright program. Just two decades now if we are to insure the continuance
Assuming no early peace, is the strain on ago President Truman signed the Fulbright
the economy likely to increase as spending act, providing for international educational of a healthy school milk program. The
on the war continues to rise? exchange. doubt and uncertainty that failure to act
The strain might become a little more Since then 14,174 American students have quickly on these two pieces of legislation
noticeable, depending on the place at which gone abroad and 33,220 foreign students have will produce in the administrators that
defense spending increases. However, al- come to the United States, all on Fuibright set aside State and local funds for the
though. the Government has refused- to di- grants. In addition 12,070 foreign lecturers program this fall could substantially
vulge its latest estimates on defense outlays, and teachers have come here from abroad damage its effectiveness.
officials are now assuming a rate of increase and 11,136 American lecturers and teachers Reduced program effectiveness, more-
This greater than in the last 12 months. have gone abroad under the grants.
This would mean some further rise in Ironically, China was the first nation to over, could have a direct impact on the
scholarship of the poorer children among
defense costs in relation to the national agree to participate in the exchange pro- -
economy, with the "add-on" caused by the gram-on Nov. 10, 1947. And the first Amer- our school-aged population. For there is
war coming to about 2 per cent of the gross ican grantee was a well known Sinologist no gainsaying the fact that you cannot
national product in the first half of next from the University of Pennsylvania whose teach a hungry child. The school milk
year. Budget expenditures for defense will grant was for research to complete the-sec- program, by providing underprivileged
clearly be larger than the $58.3-billion esti- and volume of a history of Chinese philos- children with a midmorning milk break
mated in the budget last January for the ophy. That was before the coming of the to take the place of the breakfast they
current fiscal year-probably about $5-bil- Communist regime, of course, which has put did not have, has contributed ast tan-
lion higher. relations between the two nations in deep
Revenues, however, are growing, too, and freeeze. tially to the learning process among the
.faster than, estimated. The best evidence Fulbright scholars have gone to all parts very group that stand to gain the most
that the war Is not causing a drastic change of the globe. A majority has worked and from this process. Let us not fail these
in the Government's financial situation is in studied in Europe, next largest number in children. Let us act now.
the magnitude of the Treasury's planned far east and, next in order, in Australia,
borrowing, which is actually a little less in New Zealand, near east, Latin America and
the last half of this year than had been esti- Africa. A 1962 survey showed that, out of THE VICE PRESIDENT WARNS OF
mated several months ago. every 100 American grantees, about 55 FOOD SHORTAGES
Meanwhile, industry Is adding to its plant studied, 25 lectured in universities or did
and equipment at the record rate of $60.8- research and 20 teachers or school admin- Mr. McGOVERN. Mr. President,
billion this year. This means that the ca- istrators worked in classrooms or undertook speaking in St. Louis, Mo., today to the
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17748 CONGRESSIONAL RECORD - SENATE August 8, ;x`966
Midcontinent Farmers Association, Vice Since 1960, the cost of things the farmer deter, agricultural development in places
PrP.Or1pnf. T-TTTRrIT WTT*,Tnvnr.+v 1,,,o n,T.nr, ? musk buy hwa
ages ahead and declared that "next year gradual gains in his net income. We need the help the developing countries
age a a year for bringing a s "next year Since 1960, farm productivity per man per with an export of ideas and techniques from
hour has increased by nearly one third, coal-. our own experience. But these programs
part of reserve acreage out of mothballs" pared with a productivity gain of about 18 must be adapted to their way of doing
in the United States. per cent in the rest of our economy. things-adapted to problems of climate and
The Vice President points out that We must not lose sight of this: consumers water and social structure. Part of the as-
world reserves of wheat are seriously de- benefit from having fair prices paid to sistance we can give is in establishment of
pleted; rice is in short supply, soybean farmers, just as farmers benefit from full em- local research institutes, using local staffing
,carryover is minimal, and our feed grain ployment and expansion in the rest of the and resources, to undertake the same kind
stocks may be below a safe carryover economy. We all need each other for a full of agricultural research which has Sc) con-
and balanced prosperity. tributed to our own productivity.
level by October next year. Farmers create millions of jobs in our This is the essence of our new Food for
The Vice President's emphasis on the economy. Freedom proposals-to help others help
United States and world food supply sit- More than 10 million people have jobs stor- themselves. When President Johnson pro-
uation is timely, for decisions on acreage ing, transporting, processing, and merchan- posed the Food for Freedom Program he
allotments for 1967, and on incentives to dising the products of agriculture. Nearly said:
get our agricultural producers to in- a million and a half have jobs providing the . . The time is not far off when all of the
crease their output, are now being con- Supplies farmers use. And thousands in combined production, of all the acres, of all
rural communities make their livelihood pro- the agriculturally productive nations, will
sidered. viding services to farmers. not meet the food needs of developing na-
It is my hope that the allowance and Total Investment in American agriculture tions-unless present trends are changed."
the incentives to plant and harvest Is more than 250 billion dollars.. This is Last month I carried this message again,
greater acreage will be provided, so our comparable to about three fourths of the as spokesman for our Government to the
country will not have to cut back its value of current assets for all corporations Development Assistance Committee of the
conduct of the most important war-the in the country. It represents three fifths of Organization for Economic Cooperation and
the value of all stocks listed on the New York Development. This committee is composed
war against want. Stock Exchange. of m of 820W
Because of its great significance, I ask The investment in agriculture represents 30 tr i high-ranking coun ri s that the Sn In -
unanimous consent to put Vice Presi- thousand, five hundred dollars for each farm position be oations of - help to is tle s are o
dent HUMPHREY's address to the Mid- worker, as Compared with an average invest- areas res of p to the less devEap;
ment of 19 thousand, six hundred dollars per I made the it qworld.
Continent Farmers Association In the quite clear that President John-
RECORD. employee in manufacturing. son has made a commitment on behalf of the
There being no objection, the address In 1965, when our farmers realized a gross American people to join with the other de-
was ordered to be objection, in the address income of nearly 45 billion dollars, they veloped nations in an all-out effort to eradi-
printed spent almost 31 billion dollars to operate cate large-scale famine and hunger from the
as follows: their farm businesses.
REMARKS OF VICE PRESIDENT HUBERT HUM- Last year they spent more than 3 billion face of the earth.
PHREY TO MISSOURI FARMERS ASSOCIATION dollars to buy trucks, tractors, and other American And this abrings me griculture to the next face. of reality
AND MIDCONTINENT FARMERS ASSOCIATION farm machinery and agicuw years we all must equipment. They In the past few years we Americans have
CONVENTION, COLUMBIA, Mo., ON AUGUST 8, spent about 2 billion dollars to'buy automo- come to know what we call "turnpike
"turnpike
1966 biles. trance"-the hynosis of the highway which
Today America lives In abundance. Yet, Farming uses more petroleum than any has led to thousands of mishaps and ac-
the world around us remains much the same other single industry. In 1965, more than cidents.
as President Truman described it in his 3 billion dollars was spent by farmers for I say far too many Americans have also
inaugural address 17 years ago. petroleum, fuel, and oil, and repairs and fallen victim to "surplus stare''-the blind
"More than half the people of the world," operatio all this motor vehicles and machinery. belief, taken as fact, that our country is
he said, "are living in conditions approaching nonile activity Is productivity, all this eco- buried under unnecessary costly tonnages of
misery. The food is inadequate. They are Y generated by fewer people food.
victims of disease. Their economic life is than live today in the State of California. `Toda the
primitive and stagnant. Their poverty is a Our national farm population is today only Already, age of surpluses are all but gone.
handicap and a threat both to them and to 12 million. , our food storks ocks pdwindling.
Where does American agriculture stand If we look toward for sufficient production
more prosperous areas." our own needs, fey our oo com commercial o'
commercial ep for
Today, then, I want to talk about both our in the world? Ports,
Export; of our farm commodities are u and for emergency food assistance for the
own American abundance and about the p developing countries, we find ourselves close
challenge-and opportunity-facing us in sharply, to the safety mar in.
the hungry world outside. This has a major positive effect; on our g
First, let us take a hard, clear look at the balance of payments. The world has been eating into its grain
realities of our own American agriculture. In fiscal year 1953, exports of farm prod- reserves, sharply reducing the carryovers to
The best bargain in the world today is the ucts from the. United States amounted to a point where they should be rebuilt and
food basket of the American family. less than 3 billion dollars. By fiscal year restored to prudent levels.
This is a reality not fully appreciated by 1966 the export figure had jumped to nearly In the last four years the world has con-
those of us who pay for that food basket. 7 billion dollars. Products from 713 million tomes some 200 million bushels of wheat per
We are better fed, at less cost, than any acres of american cropland were shipped year more than it has produced.
other people in the world. Last year only abroad. More than 75 per cent of these In the last four years it has utilized about
18 per cent of our disposable income went for commodities were sold for dollars. 6 million tons of feed grains more than It
food. The market for feed and food grains, oil has harvested.
In the last five years, the price of the 11 seeds, protein meals and vegetable oils is In the case of soybeans, we are using all we
key foods in the consumer price index has highly competitive. But we can and do com- produce. Carryovers are minimal.
risen by less than 9 per cent. During the pete. We can look forward to expansion It is clear that we must raise our produc-
same period the weekly earnings, after taxes, of farm exports as the economies of other tion sights in rice.
of the single worker in industry, for in- nations grow and their purchasing power
increases. Because any plan for agriculture must al-
stance, have risen more than 20 per cent. low for ample lead time, we must always be
One hour of factory labor earnings in 1965 Seneca once observed that "A hungry peo- deeply concerned about the level of reserves.
bought 12.5 pounds of white bread as com- ple listens not to reason nor cares for jus- Weather, as all of us know, is an unpredicta-
pared with 11.1 pounds-in 1960; 2.4 pounds tice." of round steak as compared with 2.1 pounds And, in that knowledge, e, we have, under maany hazard.
areas of the There are country this oy drought In
,In
h year. We do
3 1960; 3,5 pounds of butter compared with the Food for Peace Program, reached and not know what the size of this year's feed
pounds; 9.9 quarts of milk compared with helped more than a hundred countries, grain and soybean crops will be. We :hope
8.7 quarts; 5 dozen eggs as compared with 3.9 Under this program we have delivered 150 for the best, but we will all be concerned
dozen in 1960. million tons of food, valued at 15 billion until the harvest Is in.
If we make comparisons over a longer Pe- dollars, to needy and disaster-struck na-
riod, they are truly startling. We find one tions. the It is current now mar ketiarketing arent er the wheatd Sts of
hour of factory labor earnings buying two to Our Food for Peace Program reflects the year, ra Our ocks
three times as much in key commodities as 10 democratic and humanitarian character of will fall below the desirable rhserve ltrue
to 20 years ago. the American people. The same In true for soybeans, where no taus
reserve in sight. Our production of milk
While the post of farm products has been We will continue to share our abundance insuffiica nt now. That 1a why we we have raised
d
reduced, the farmer has had to pay more for with people who lack it. But our programs the support level for manufacturing milk to
what he buys, of food assistance must support, and not four dollars per hundredweight.
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August 8, 1966 CONGRESSIONAL RECORD - SENATE 17753
Applications to Farmers Home Administration for financial assistance for applicants in
the State of Arkansas
Operating loans -----------------------------------------
Emergency loans------------------------------ -
Economic opportunity loans (individual) ---------------
Farmownership loans___________________________________
Soil and water loans (individual)________________________
Rural housing loans-------------------------------------
Labor housing loans (individual)------------------------
Soil and water association loans and grants:
Sewer-water, or both--------------------------------
Recreation------------------------------------------
Grazing- ------------------------------------------
Watershed loans______________
Economic opportunity cooperative loans. ---------------
Comprehensive planning grants-------------------------
Total---------------------------------------------
Watershed projects, 1967 fiscal year con-
struction contribution program
Estimated
amount
Flat Creek---------------------- $44,000
West Fork Point Remove Creew-- 217,300
East Fork Point Remove Creek__ 417,100
Muddy Fork of Illinois River Wa-
tershed----------------------- 235,000
Big Creek----------------------- 213,000
Kelso-Rohwer ------------------ 94,000
Poteau River____________________ 829,100
Mud Creek---------------------- 140,700
Lee Phillips___________________ _ 508, 500
Garrett Bridge__________________ 232,500
Upper Crooked Creek ------------ 369,600
Cooper Creek____________________ 347,200
Little Clear Creek_______________ 590,600
Fleschman's Bayou______________ 247, 700
Total---------------------- 4, 286, 600
ARKANSAS: TELEPHONE PROGRAM, APPLICATIONS
ON HAND AS OF JUNE 30, 1966
1. Southwest Arkansas Telephone Co-
nc., Flippin, Ark., amount: $225,000 for up-
grading and expansion.
3, Allied Telephone Company, Fordyce,
Ark., amount: $2,000,000 for upgrading and
expansion.
4. Mountain View Telephone Company,
Mountain View, Ark., amount: $1,000,000
for financing, upgrading and expansion.
5, Perco Telephone Company, Perryville,
Ark., amount: $250,000 for upgrading
and expansion.
?
ARKANSA$ ELECTRIFICATION PROGRAM, APPLICA-
TIOST??7'IIAND AS OF JUNE 30, 1966
Arkansas Valley Electric Cooperative Corp.,
Ozark," Ark., amount: $1,345,000 for dis-
tributionpurposes.
Applications pending June 30, 1966,
for scientific research
AGRICULVURAL RESEARCH SERVICE
niversity" of Arkansas, Fayette-
grants
;le, Ark.* -entomology research__ $30, 000
_ COOPERATIVE STATE RESEARCH
MIT'_ SERVICE
-irst+ experiment station, Fayette-
ville, Ark.:
Cotton research----------------- 67,000
Dietary research________________ 50,000
'Soybean research (insect, viruses,
and environment)------------- 110,172
Soybean research (processing pro-
cedures) ---------------------- 141,550
167
18
173
635
29
1,706
1
122
14
2
7
4
13
$745,822
68,130
286,488
5, 376, 545
96,400
11, 327, 840
6,000
11, 224, 504
2,610,364
85, 000
3,932,640
197,000
0
$745,822
68,130
286,488
5,376,545
96, 400
11, 327, 840
6,000
22,364, 655
2,610,364
85,000
1,032,640
197,000
98,300
WATER RESOURCES RESEARCH
PROGRAM FOR 1966
Mr. JACKSON. Mr. President, events
and developments of recent years have
shown that every State of the Union has
water problems in one form or another.
Therefore, I know that every Member of
this body will be interested in the report
of the Federal water resources research
program for fiscal year 1967, issued by
the Office of Science and Technology,
which recently was received by the In-
terior and Insular Affairs Committee. It
will be recalled that the Interior Com-
mittee considered and reported S. 2 in
the 88th Congress, which became Public
Law 88-379 establishing the program.
The report summarizes the activities of
the Committee on Water Resources Re-
search during the past year, and presents
a tabulation of 1965 expenditures and
fiscal year 1966 appropriations. It also
Includes the estimates for fiscal year
1967.
The Office of Science and Technology
made a major report on achievements
and progress in March of this year, en-
titled "A 10-year Program of Federal
Water Resources Research," so the pres-
ent report is rather brief. Both of these
reports are for sale by the Superintend-
ent of Documents at the Government
Printing Office.
Mr. President, in view of the national
interest in our water resources research
program, I ask unanimous consent that
the letter of transmittal be included in
the RECORD at the end of my remarks.
There being no objection, the letter was
ordered to be printed in the RECORD, as
follows:
FEDERAL COUNCIL FOR
SCIENCE AND TECHNOLOGY,
Washington, D.C., July 25, 1966.
Hon. HUBERT H. HUMPHREY,
President of the Senate,
Washington, D.C.
DEAR MR., PRESIDENT: Through its Com-
mittee on Water Resources Research, the
Federal Council for Science and Technology
coordinates the efforts of 18 offices and bu-
reaus engaged in water resources research.
The Committee has recently completed a re-
port which summarizes in a single document
the proposed FY 1967 efforts of the agencies
as contained In the Administration's budget.
I am pleased to transmit a copy of this report
entitled, "Federal Water Resources Research
Program for Fiscal Year 1967" to you for your
information and use.
Earlier this year, President Johnson trans-
mitted a long-range study of the Committee
entitled, "A Ten-year Program of Federal
Water Resources Research." The FY 1967
program reflects the recommendations of that
long-range study. The total cost of the pro-
posed program this year is $107 million.
I believe you will find this report useful in
the deliberations of the Congress and, to
that end, I am sending copies of the report
to the chairmen and members of the several
committees concerned with water resources
research.
Sincerely,
DONALD F. HORNIG,
Chairman.
U.S. INTERVENTION IN VIETNAM IS
NOT LEGAL
Mr. GRUENING. Mr. President, that
the U.S. intervention in Vietnam Is not
legal is the opinion of William L. Stand-
ard, of the New York bar, and an eminent
attorney expressed in response to an
article in the May issue of the American
Bar Association Journal. It is an opin-
ion that Senator MORSE and I have long
held and have expressed for 21/2 years
on the Senate floor.
In addition to that, we long expressed
the opinion that it is not only illegal, but
immoral, indefensible, and in every other
way disastrous.
As our casualties mount, as the death
toll both of our fine young boys and of
the victims of our unrestricted bombing
in both North and South Vietnam in-
creases, the folly of our whole policy
there will become increasingly apparent.
Every passing day deepens my conviction
that in all our history, the United States
has not committed so grave an error. As
I have said again and again, and now
repeat, the alleged bases of intervention
are false. Many Americans are not
aware of it. They believe what has been
the official justification. But the facts,
which can be fully documented, are oth-
erwise.
We were not invited In by a friendly
country to help it repel aggression. We
asked ourselves in.
We went half way around the world to
inject ourselves into a civil war. When
the United States intervened mili-
tarily-beginning first with the military
mission after the French collapse in
1954; then in 1961, with the increase of
the number of military advisers; then in
1965, by sending, for the first time, our
troops into combat and starting the
bombing of North Vietnam-the only
outsiders, the only intruders, were the
forces of the United States. All the
others were Vietnamese.
We have since, by great pressure, man-
aged to induce a few token commitn}ents
from nations whose governments feel
obligated to do so because of our insist-
ence upon it and their need to comply.
But virtually we are carrying on the
fight all alone. Ours are the heavy costs
in lives and in money.
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.CONGRESSIONAL RECORD - SENATE August' 8, .T 966
The SEATO treaty does not give us U.S. INTERVENTION IN VIETNAM IS NON LEGAL
any authority to do what we have done, (Responding to an article in the May issue
as alleged by the official propaganda, of the Journal, Mr. Standard asserts that
That too can be documented, the United States intervention in Vietnam
It is utterly indefensible to draft our violates the Charter of the United Nations,
the Geneva Accords of 1954, the SEATO
young men, to send them to fight against treaty and our own Constitution. He
and kill people against whom they have urges a cease-fire of at least six months'
no grievance, and to die in the process. duration, during which the 1954 accords
Last year, in 1965, let me repeat, there should be renegotiated. If this should fail,
were 96,000 desertions from the South he declares that "a great power may with-
Vietnamese Army. Why should Our boys draw with honor when it admits that it
be sent to fight and die for a cause that fudged poorly")
has such doubtful support from those (By William L. Standard)
whose cause we allege it is? We are Satire and sarcasm often have been weap-
supporting now in South Vietnam the ons of effective, if deluding, advocacy. The
eighth self-imposed government since aticle by Eberhard P. Deutsch, "Trig Legality
the fall of Diem. It has little of the United States Position in Vietnam",
popular in the May, 1966, issue of the American Bar
support. It has brought about a civil Association Journal (page 436) is a classical
wad' within a civil war. It exists only demonstration of this technique. The au-
because of United States armed and fl- thor takes issue with the Lawyers Commit-
nancial support. It would fall instantly tee on American Policy Towards Vietnam,
were that to be withdrawn. We are im- as expressed in its memorandum of law, on
posing it on an unhappy, war-torn, dis- the following fundamental questions: (1)
The right of self-defense under the United
tressed and ravaged people. Nations Charter; (2) Violations of the Ge-
The so-called peace offensives and neva Accords; (3) Sanctions by the SEATO
professions by the administration of treaty; and (4) Violations of our own Con-
eagerness to take the war to the confer- stitution.
ence table are meaningless as long as it But the author concludes with the state-
reuses to offer to negotiate with those Comm Cent that the memorandum of the Lawyers
ittee "is grounded on an emotional al at-
who are doing the fighting-the National titude opposed to United States policy, rather
Liberation Front or Vietcong. Those_ than on law". lie seeks to demonstrate this
peace offensives are valueless as long as
we engage in the double talk by which,
on the one hand, we allege we are willing
to go back to the Geneva Agreements,
which stipulate a united Vietnam-
North and South-following Vietnam-
wide elections, an arrangement we
pledged adherence to in the unilateral
statement of Walter Bedell Smith, Under
Secretary of State, and which we then
violated, and on the other hand, insist
on an independent South Vietnam.
These two positions are utterly contra-
dictory and incompatible. Therefore, it
is not surprising that we get no response
from the adversaries, who are not, as our
official position maintains, North Viet-
nam and Hanoi, but South Vietnamese
fighting the coup-imposed junta of 10
generals, as they have fought the other
Saigon regimes, beginning with Diem.
What is so indefensible about the U.S.
position and illegal is that in invading
Vietnam militarily, we violated every
treaty to which we had committed our-
selves-the United Nations Charter, the
SEATO treaty, and the declaration of
our po:icy by our Under Secretary of
State, Walter Bedell Smith, in which we
pledged our support to the Geneva ac-
cords and support of elections in 1956 to
unite the temporarily separated halves of
Vietnam-North and South.
I ask unanimous consent that the arti-
cle by William L. Standard, entitled:
"U,S. Intervention in Vietnam Is Not
Legal," which appeared in the July 1966
issue of the American Bar Association
Journal be printed at this point in my
remarks.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
by quoting the concluding paragraph of a
26-page, carefully documented statement of
the applicable law, which in peroration
states in the very last sentence: "Should we
not spell the end of the system of unilateral
action . that has been tried for cen-
turies-and has always failed?"
The author then wields the weapon of sar-
casm by contrasting the Lawyers Committee
memorandum with the "temperate state-
ment of thirty-one professors of law from
leading law schools throughout the United
States". The statement of these professors
appears in the CONGRESSIONAL RECORD of Jan-
uary 27, 1966 (page A410), and the entirety
of that statement is:
"As teachers of international law we wish
to affirm that the presence of U.S. forces in
South Vietnam at the request of the Govern-
ment of that country is lawful under general
principles of international law and the
United Nations Charter. The engagement
of U.S. forces in hostilities at the request of
the Government of South Vietnam is a legiti-
mate use of force in defense of South Viet-
nam against aggression. We believe that
the evidence indicates that the United States
and South Vietnam are taking action that
attacks neither the territorial integrity nor
the political independence of the People's
Republic of Vietnam-action that seeks only
to terminate aggression originating in North
Vietnam."
This one-paragraph "temperate state-
ment" is not buttressed by a single citation
or authority. What is particularly deplor-
able is that it was issued in November of
1965 as a rebuttal to the committee's memo-
randum, which was issued in late September,
1965.
The author of the "legality position" ar-
ticle then contrasts the Lawyers Committee
memorandum with "the simple resolution
adopted unanimously on February 21, 1966,
by the House of Delegates of the American
Bar Association". This resolution, in a con-
cluding one-sentence statement, asserts that
"the position of the United States in Viet-
nam is legal under international law, and
is in accordance with the Charter of the
United Nations and the South-East Asia
Treaty". The House of Delegates' resolu-
tion, too, does not support its conclusion
with a single citation or authority.
When the Harvard Law Record on March
10 contrasted the memorandum of law of the
Lawyers Committee with the "simple reso-
lution" adopted by the House of Delegates,
it had this to say: "Viewed against the back-
ground of the sober and erudite Lawyers
Committee brief and Arthur Krock's re-
search, the ABA resolution contributes little
to the national dialogue on Vietnam" (em-
phasis supplied).
The satirical technique of the author of
the "legality position" article is worthy of
an undergraduate debater, but not of the
respected Chairman of the American Bar
Association Committee on Peace and Law
Through United Nations. He does, indeed,
wrestle earnestly with four basic proposi-
tions discussed by the Lawyers Committee,
and it is to these propositions that I shall
address myself.
L UNILATERAL INTERVENTION VIOLATES U.N.
CHARTER
The writer of the "legality position" ar-
ticle discusses the first exception of Article
51 of the Charter of the United Nations,
which reads: "Nothing in the present Char-
ter shall impair the inherent right of. indi-
vidual or collective self-defense if an armed
attack occurs against a Member of the
United Nations, until the Security Council
has taken the measures necessary to main-
tain international peace and security" (em-
phasis supplied).
He asserts that "A thesis that members
of the United Nations are not permitted to
participate in collective self-defense to repel
aggression, ork the ground that the aggrieved
nation is not a member of the United Na-
tions, can hardly be supported on its face,
in reason, logic or law." He cites as author-
ity two distinguished writers?
The Lawyers Committee in its memo,. -
randum concludes that Article 51 does nC t
permit the United States to act unilatera ly
in the "collective self-defense" of Vietnm
because Article 51 applies only if an arvh1ed
attack occurs against a member of the
United Nations.
This limitation was not inadvertent. It
was the result of careful draftsmanship by
Senator Arthur H. Vandenberg, who "was the
principal negotiator in the formulation of
this text" of Article 5.1 .2 In a statement of
June 13, 1945, before the United Nations
Commission that drafted Article 51, Senator
Vandenberg said: "We have here recognized
the inherent right of self-defense, whether
individual or collective, which permits any
sovereign state among us [i.e., members of
the United Nations] or any qualified regional
group of states to ward off attack " 3
Secretary of State Edward It. Stettinius,
Jr., noted the following on May 21, 1945:
"The parties to any dispute ... should obli-
gate themselves first of all to seek a solution
'Bowett,. "Self-defense in International
Law," 193--195 (1958), Kelsen, "The Law ra'
the United Nations," 793 (1960).
2 The quoted words are from a memao?
dum, "Participation in the North At',
Treaty of States Not Members of thp''ljnited
Nations", dated April 13, 1949, prepared by
the Office of the Legal Adviser, Department
of State, and reproduced in 5 Whiteman,
"Digest of International Law; 1068.
3 Memorandum, op. cit. supra note 2, in 5
Whiteman, "Digest of International Law,-
1068,1072.
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 August 8, 1966 CONGRESSIONAL RECORD -SENATE 17755
by negotiation, mediation, conciliation, arbi-
tration or judiciary settlement, resort to re-
gionaZ agencies or arrangement or other
peaceful means of their own choice" (em-
phasis in original).'
Professor Julius Stone states: "The license
[of individual and collective self-defense]
does not apparently cover even an 'armed
attack' against a non-Member".'
Furthermore, the United States has ac-
knowledged that the right of "collective self-
defense" applies to Vietnam only if it be-
comes a member of the United Nations. On
September 9, 1957, in arguing before the Se-
curity Council for the admission of Vietnam
to the United Nations, Henry Cabot Lodge,
our representative, stated: "The people of
Vietnam . . ask now only ... to enjoy
the benefits of collective security, the mu-
tual help which membership in the ...
United Nations offers." e
This does not mean, of course, that a non-
member state or entity does not have, the
"inherent" right of self-defense or that non-
member states may be attacked with im-
punity. But it does mean that in case of
an attack upon a nonmember state it is for
the United Nations to decide upon the nec-
essary measures to be taken by its member
states and not for any state to decide for
itself that it will employ arms for "collective
self-defense".
During the Suez crisis President Eisen-
hower said: "The United Nations is alone
charged with the responsibility of securing
the peace in the Middle East and throughout
the world" (emphasis supplied)?
And at the same time; Secretary of State
John Foster Dulles characterized as "un-
thinkable" a proposal that the United States
and the Soviet Union act jointly to restore
the peace in that area, saying that that was
the function of the United Nations. He said:
"Any intervention by the United States
and/or Russia or any other action, except by
a duly constituted United Nations peace force
would be counter to everything the General
Assembly and the Secretary-General of the
United Nations were charged by the Charter
to do in order to secure a United Nations
police cease fire." .8
The author of the "legality position" arti-
cle confuses the right of an attacked non-
member state to defend itself with the lack
of right of a member state to participate in
that defense in the absence of United Na-
tions' authorization.
The issue is the lawfulness of the actions
of the United States, which is both a non-
attacked state and a member of the United
Nations. It does not follow that because
Vietnam has an "inherent" right to defend
itself, the United States has an "Inherent"
right to decide for itself to participate unilat-
erally in that defense. Professor Hans
Kelsen, one of the principal authorities relied
upon by Mr. Deutsch, has pointed out this
critical distinction: "It is hardly possible to
consider the right or the duty of a non-
attacked state to assist an attacked state as
an 'inherent' right, that Is to say, a right
established by natural law."'
The, argument also makes the United
States its own judge to determine the occur-
rence of an "armed attack" in Vietnam,
whereas Article 39 of the United Nations
Charter provides that "The Security Council
412 Department of State Bull. 949-950
(1945).
d Stone, "Legal Controls of International
Conflict," 244 (1954).
g U.N. Security Council Off. Rec., 790th
meeting, 5.
7 4 ""United Nations Action in the Suez
Crisis: International Law in the Middle East
Crisis" (Tulane Studies in Political Science,
vol. IV (1950).
8 New York Times, Nov. 6, 1956.
Kelsen, op. cit, supra note 1, at 797.
shall determine the existence of any threat
to the peace, breach of the peace, or act of
aggression , . ". But as Philip C. Jessup,
now a Judge of the International Court of
Justice, has noted:
"It would be disastrous to agree that every
State may decide for itself which of the two
contestants is in the right and may govern
its conduct according to its own deci-
sion. . The ensuing conflict would be de-
structive to the ordered world community
which the Charter and any modern law of
nations must seek to preserve. State C would
be shipping ... war supplies to A, while
State A would be assisting State B ... and
it would not be long before C and D would
be enmeshed in the struggle out of "self-
defense" [emphasis supplied]." 40
Acceptance of Mr. Deutsch's argument
would destroy the concept of collective
peacekeeping, which the Charter embodies,
in the case of nonmember states or areas.
NO ARMED ATTACK WITHIN MEANING OF THE
CHARTER
The author of the "legality position" arti-
cle also seeks to justify the United States'
intervention in Vietnam on the ground that
"these attacks [against United States' naval
vessels] are part of a deliberate and system-
atic campaign of aggression", to quote the
Congressional Joint Southeast Asia resolu-
tion of August, 1964. The Lawyers Com-
mittee on American Policy Towards Vietnam
takes the position that the occurrence of
an armed attack within the meaning of the
United Nations Charter has not been estab-
lished.
Under the clear text of Article 51 of the
charter, the right of self-defense arises only
if an "armed attack" has occurred. The
phrase "armed attack" has an established
meaning in the charter and in international
law. It was deliberately employed because
it does not easily lend itself to expedient
elasticity or to arbitrary ambiguity.
"Self-defense" is not justified by every
aggression or hostile act, but only in the
case of an "armed attack", when the neces-
sity for action is "instant, overwhelming,
and leaving no moment for deliberation".
This definition was classically stated by Sec-
retary of State Daniel Webster in "The Caro-
line"" and affirmed in the Nuremberg judg-
ment. It was codified in the charter by
unanimous vote of the General Assembly
at its first session?'
This strict limitation of permissible self-
defense to cases of an "armed attack" was
at the time of the framing of the charter
being pressed by the United States, the So-
viet Union and Great Britain in the Nurem-
berg trials. The defense was offered that
Germany was compelled to attack Norway
to forestall an Allied invasion. In reply, the
tribunal said: "It must be remembered that
preventive action in foreign territory is justi-
fled only in case of an instant and over-
whelming necessity for defense, leaving no
choice of means, and no moment for de-
liberation.' (The Caroline Case, Moore's
Digest of International Law, II 412.)"18
Thus, while any hostile act may be an
aggression, not every aggression Is an "armed
attack", and forceful self-defense is not a
permissible response unless there is an
"armed attack."
On March 4, 1966, the Department of State
issued "The Legality of United States Par-
ticipation in the Defense of Vietnam". This
1? Jessup, "A Modern Law of Nations," 205
(1948).
n 7 Moore, "Digest of International Law,"
919 (1906).
12 U.N. Gen. Ass. Off. Rec., let seas., res.
95(I).
13 International Military Tribunal (Nurem-
berg) 171 (1946); Bin Chang, "General Prin-
ciples of Law," 84 (1953).
52-page memorandum acknowledges that an
"armed attack" is an essential condition prec-
edent to the use of force in self-defense and
that aggression is not enough. Astonish-
ingly, however, it glosses over the crucial dis-
tinotion between the two. While it alleges
the occurrence of an armed attack "before
February 1965", it fails to furnish any facts
or details concerning such an attack. Indeed,
it admits that it is unable to do so. This is
not like the situation in Korea, where the
Security Council found that an actual, visi-
ble, forcible invasion beyond the demarcation
line had occurred at a specific time and place
by large forces. This memorandum states
that because of the "guerrilla war in Viet
Nam" (i.e., the indigenous character of the
conflict) the State Department is unable to
indicate when or where the "armed attack"
began. It also admits that 'the critical mili-
tary element of the insurgency ... Is unac-
knowledged by North Viet Nam". The memo-
randum contends that acts of externally sup-
ported subversion, the clandestine supply of
arms and the infiltration of armed personnel
over the "years" preceding the direct inter-
vention of the United States, "clearly con-
stitutes an 'armed stack' under any reason-
able definition".
These allegations, even if true (as appears
below), indicate acts of aggression, but they
do not show the occurrence of an armed at-
tack "leaving no choice of means, and no mo-
ment for deliberation" 14
Such acts were well known as forms of
aggression when the charter was drawn and
long before. Nevertheless, the framers of the
charter rejected the mass inadequate to jus-
tify the unilateral use of force. Except in
the limited instance of an armed attack
"leaving no choice of means, and no moment
for deliberation", they left nations to the
peacekeeping procedures of the United
Nations for collective redress against aggres-
sion.
Furthermore, the State Department memo-
randum refutes its own charge of the oc-
currence of an "armed attack". The long-
smoldering conditions of unrest, subversion
and infiltration cited in the memorandum
are not acts that gave rise to such a need
for an immediate response that "no choice
of means, and no moment for deliberation"
remained.
The memorandum does not sustain its
charge of external aggression. It indicates
that prior to 1964 the "infiltrators" from the
North were South Vietnamese who were re-
turning to the South. The lumping of
"40,000 armed and unarmed guerillas" is not
meaningful. Unarmed Vietnamese have an
inherent right to move about in their own
country. In the absence of the functioning
of the International Control Commission, the
subsequent movement of Vietnamese from
one zone in Vietnam to another zone in
Vietnam would appear to be an internal
matter, not a violation of international law.
The Mansfield report (cited in footnote 14)
shows that prior to 1965 infiltration of men
from North Vietnam had been going on "for
many years", but that this "was confined
primarily to political cadres and military
leadership until about the end of 1964". On
the other hand, it notes, "In 1962, U.S. mili-
tary advisers and service forces in South Viet-
nam totaled approximately 10,000 men." The
Mansfield report makes plain that significant
armed personnel were introduced from the
North only after the United States had in-
14 See the report of Senators MIKE MANS-
FIELD, EDMUND S. MusKIE, DANIEL K. INouyE,
GEORGE D. AIKEN and J. CALEB BOGGS, to the
Senate Committee on Foreign Relations,
dated January 6, 1966, entitled "The Vietnam
Conflict: The Substance and the Shadow",
hereafter referred to as the Mansfield report.
It is reprinted in 112 CONGRESSIONAL RECORD,
140 (1966),
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17756 CONGRESSIONAL RECORD - SENATE August 8, 1966
tervened to avoid the "total collapse of the of an outside state to participate in another
Saigon government's authority [which] ap- estate's civil war." 17
peared imminent in the early months of It cannot be asserted that South Vietnam
1965". The report states: is a separate "country" so far as North Viet-
"U.S. combat troops in strength arrived at nam is concerned. The Geneva Accords
that point in response to the appeal of the recognized Vietnam as but one country, of
Saigon authorities. The Vietcong counter which South Vietnam is only an organic part.
response was to Increase their military activ- The accords declared that the temporary
Fly with forces strengthened by intensified military line that established the north and
local recruitment and infiltration of regular south military zones at the seventeenth par-
North Vietnamese troops. With the change allel pending the elections "should not in any
in the composition of the opposing forces way be interpreted as a political or territorial
the character of the war also changed boundary" (Section 6). And. Section 7
sharply.11 stated that the political settlement should be
The introduction of North Vietnamese effected on the basis of "the independence,
forces as a counter response is also empha- unity, and territorial integrity" of Vietnam.
sized by the observation in the Mansfield But even if North Vietnam and South Viet-
report that by May, 1965, about 34,000 United nam are deemed separate entities in inter-
States service forces were in Vietnam and national law, the United States may not re-
that "Beginning in June [1965] an estimated spond to the intervention of North Vietnam
1,500 North Vietnamese troops per month in the civil war in the South by bombing the
have entered South Vietnam . . Sig- North. There is no legal basis to respond to
nificant forces from the North thus followed an intervention of one state in a civil war
and did not precede the direct involvement by a military attack on the territory of the
of the United States. intervening state. - It is sobering to reflect
INTERVENTION NOT JUSTIFIED BY "COLLECTIVE
SELF-DEFENSE"
The State Department memorandum is
structured on the wholly untenable assump-
tion that the conflict in South Vietnam Is
the result of external aggression ("an armed
attack from the North") and is not a civil
war. For if it is a civil war, the intervention
of the United States is a violation of its
solemn undertaking not to interfere in the
internal affairs of other countries.
It is hardly open to dispute that the pres-
ent conflict in South Vietnam is essentially
a civil war among what James Reston has
described as a "tangle of competing indi-
viduals, regions, religions and sects .
[among] a people who have been torn apart
by war and dominated and exploited by
Saigon for generations"10
The State Department memorandum itself
shows that before 1964 the so-called infil-
tration was of South Vietnamese returning
to their homeland. Even if they were re-
turning for the purpose of participating in
the fighting in South Vietnam, that still
constitutes civil war by any definition.
The Declaration of Honolulu also im-
plicitly concedes that the conflict had its
origin in the internal situation in Vietnam
and not in an external armed attack. The
stress which the declaration places on the
urgent need for basic social reform is an
acknowledgment that the war is essentially
a revolt against domestic conditions. To
this may be added the existence of a des-
perate desire for peace and independence
from foreign intervention, which all neutral
reporters have observed.
The author of the "legality position" ar-
ticle also argues that the conflict arises from
an external aggression. This is contradicted
by his failure to consider the role played by
the National Liberation Front; yet it does
exist and is unquestionably in actual control
of most of South Vietnam and the gover-
ment in those areas. The only conceivable
justification for the refusal of the United
States to acknowledge the existence or the
that not even Germany under Hitler or Italy
under Mussolini claimed that their inter-
vention in behalf of France during the Span-
ish Civil War would have vindicated their
use of military force upon the territory of
another state intervening in behalf of the
loyalists. And no country intervening in
behalf of Spain's legitimate government as-
serted a right to respond by military force
against Germany or Italy.
Therefore, even if North Vietnam were an
intervening state so far as South Vietnam is
concerned, under the legal position advanced
by Mr. Deutsch, the bombing of the United
States by North Vietnam would have as much
legitimacy as does the bombing of North
Vietnam by the United States.
IT. U.S. MILITARY PRESENCE VIOLATES
GENEVA ACCORDS
The author of the "legality position" article
suggests that United States intervention in
Vietnam is not in violation of the Geneva
Accords on the ground that "since their in-
ception these accords have been violated con-
tinuously by Hanoi". He states that "It is an
accepted principle of international law that
a material breach of a treaty by one of the
parties thereto dissolves the obligation of the
other party, at least to the extent of with-
holding compliance until the defaulting
party purges Itself."
The Lawyers Committee takes the position
that United States intervention is not justi-
fied by the purported breach of the Geneva
Accords by Hanoi. The accords embody two
central principles: (1) recognition of the in-
dependence and freedom of Vietnam from
foreign control and (2) the unification in
the elections set in the accords for 1966.
In its own pledge to observe the Geneva
Accords, the United States recognized that
the military participation in Vietnam was
temporary and that, in any case, it was not
political or geographic. Insofar as the United
States referred to that country, it designated
it as "Vietnam", not "South Vietnam"
or "North Vietnam". The elections thus
were to determine not whether North and
belligerent status of the National Liberation South Vietnam should be united, but what
'Front is that the front consists of rebels or the government of the single state of Viet-
insurgents. If that be so, then they are nam should be. As the time for the arrange-
fighting their own government in a civil ments for the elections approached, however,
strife and are not foreign aggressors. the Diem regime, which was then in control
As stated by Benjamin V. Cohen In the of South Vietnam, announced on July 16,
Niles memorial lecture, "The United Nations 1955, that not only would it defy the provi-
in Its 20th Year" : "True, the charter does sions calling for national elections, but would
not forbid civil war or deny the right to not engage even in negotiations for modali-
revolt. But it does not sanction the right ties.
The reasons for not agreeing to the elec-
tions of 1956 are quite understandable. Pres-
ident Eisenhower has told us that the actual
reason the elections were not held was be-
cause "persons knowledgeable in I:ndo-Chl-
nese affairs" believed that "possibly 80 per
cent of the population would have voted for
the Communist Ho Chi Minh"18
Under the Geneva Accords, the undertak-
ing to hold the elections within two years
was unconditional. The refusal of Saigon to
hold the elections plainly violated one of the
two central conditions that had made the Ge-
neva Accords acceptable to all parties. That
the Vietnam conflict ultimately did resume
is, therefore, not surprising. For as George
MeT. Kahin and John W. Lewis, professors
of government at Cornell University, asked
in a question wholly ignored by our State
Department, "When the military struggle
for power ends on the agreed condition that
the competition will be transferred to the
political level, can the side which violates
the agreed conditions ultimately expect the
military struggle will-not be resumed?" 19
The military involvement of the United
States In Vietnam also violates the second
essential provision of the accords--the pro-
hibition against the introduction of foreign
troops and the establishment of military
bases. Article 4 of the Geneva Accords pro-
hibits the "introduction into Vietnam of
foreign troops and military personnel", and
Article 5 prohibits in Vietnam any "military
base under the control of a foreign power".
Therefore, it is the presence of 250,000
American troops and the installation in
Vietnam of massive military bases under the
control of the United States that violate
these agreements, not the presence of North
Vietnamese in Vietnam.
III. U.S. INTERVENTION VIOLATES SEATO TREATY
Mr. Deutsch also challenges the conclusion
of the Lawyers Committee with respect to
sanctions under the SEATO treaty, which
was adopted in September, 1954, Article 1 of
the treaty provides:
"The parties undertake, as set forth in the
United Nations Charter, to settle any inter-
national disputes in which they may be in-
volved, by peaceful means ... and to refrain
in their international relations from the
threat or use of force in any manner incon-
sistent with the purposes of the United
Nations."
It must be pointed out that Article 53 of
the United Nations Charter provides that
"No enforcement action shall be taken under
regional arrangements or by regional agen-
cies, without the authority of the Security
Council." Furthermore, Article 103 of the,
charter provides:
In the event of a conflict between the
members of the United Nations under the
present charter and their obligations under
any other International agreement, their
obligations under the present charter shall
prevail."
The use of our ground forces since the
spring of 1965 is sought to be justified under
the provisions of the SEATO treaty. But
extracts from the 1954 Senate debate on the
treaty demonstrate the fragility of this
claim.' In explaining the commitments
under the SEATO treaty to the Senate,
Walter F. George, Chairman of the Senate
Committee on Foreign Relations, made the
following statements:
The treaty does not call for automatic ac-
tion; It calls for consolidation with other
signatories. If any course of action shall
be agreed . or decided upon, then that
action must have the approval of Congress,
17 111 CONGRESSIONAL RECORD, 2473 (1965). 18 Eisenhower, "White House Years : Alan-
Mansfield report, 112 CONGRESSIONAL He cites Cohen, "The United Nations, Consti- date for Change, 1953-1956," 372 (1963).
RECORD, 140, 141 (1966). tutional Developments, Growth and Possi- 1L Bulletin of the Atomic Scientists, "The
1 New York Times, Apr. 3, 1966. bilities," 53-54 (1961). United Statesin Vietnam", June 1.965, p. 28.
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August 8, 1966 CONGRESSIONAL RECORD - SENATE
because the constitutional process of each
signatory government is provided for .
It is clear that the threat to territorial integ-
rity-and political independence also encom-
passes acts of subversion . . but even in
that event the United States would not be
bound to put it down. I cannot emphasize
too strongly that we have no obligation ...
to take positive measures of any kind. All
we are obligated to do is consult together
about it.20
Richard N. Goodwin, a former Deputy As-
sistant Secretary of State, in a recent article
discussing the significance of our reliance up-
on the SEATO agreement as the basis for our
intervention in Vietnam, states in part:
One can search the many statements of
Presidents and diplomats in vain for any
mention of the SEATO Treaty. Time after
time, President Johnson set forth the reasons
for our presence in Vietnam, but he never
spoke of the requirements of the treaty, nor
did anyone at the State Department suggest
that he should, even though they surely re-
viewed every draft statement. The treaty
argument is, in truth, something a clever
advocate conceived a few months ago" 21
Furthermore, the SEATO treaty also clear-
ly pledges the parties to respect the Geneva
Declaration of 1954, which was agreed upon
only a few months before the SEATO treaty.
The State Department memorandum of
March 4, 1966, referred to above, significantly
misquotes the SEATO treaty on essential
points. It asserts (Section IV B) that
Article 4(l) of SEATO creates an "obliga-
tion to meet the common danger in the
event of armed aggression". The term
"armed aggression" is not to be found in the
treaty. Article 4(1) speaks of "aggression
by means of armed attack". In case of such
"armed attack", "each Party recognizes" that
it "would endanger its own peace and
safety, and agrees that it will in that event
act to meet the common danger in in accord-
ance with its constitutional processes."
Hence, only in case of an "armed attack"
(in the meaning of Article 51 of the United
Nations Charter) would the United States
have, at most, the right, but no obligation,
to assist the "Free Territory of Vietnam"
until it was to be unified by July, 1956.
The invocation of the SEATO treaty is the
latest of the evershifting grounds which
the State Department has advanced to
sustain the lawfulness of its position. Ar-
thur Schlesinger, Jr., has characterized this
argument as an "intellectual disgrace".
Arthur Krock has described its origin as
follows:
"The President had utilized the provoca-
tion of the Tonkin Gulf attack on the Sev-
enth Fleet by North Vietnamese gunboats
to get a generalized expression of support
from Congress. This worked well enough
until it was argued, against the public rec-
ord, as approval by Congress of any expan-
sion of the war the President might make
in an unforeseeable future. Then Rusk
shifted the major basis for the claim to the
SEATO compact.
"But extracts from the 1954 Senate debate
on the treaty demonstrate the fragility of
this claim." 22
The credibility of the argument that the
SEATO treaty furnished a legal justification
for the President's action is also refuted
by the fact that the State Department in
its March, 1965, memorandum, entitled
"Legal Basis for United States Actions
Against North Vietnam", did not even men-
tion SEATO. Significantly, too, President
Johnson in a press conference statement on
20101 CONGRESSIONAL RECORD, 1051-1052
(1955). .
21 The New Yorker, "Reflections on Viet-
nam", Apr. 16, 1966, p. 57, at p. 70.
22 The New York Times, "The Sudden Re-
discovery of SEATO", Mar. 6, 1966.
July 28, 1965, explaining "why we are in
Vietnam,", made no mention of SEATO.
This can hardly be squared with the present
belated claim that the treaty imposed an
obligation upon the President to intervene
in Vietnam.
Moreover, the invocation of SEATO does
not advance the State Department's case. In
the first place, Article 1 of the treaty is ex-
pressly subordinate to the provisions of the
United Nations Charter and Article 6 ex-
pressly acknowledges the supremacy of the
charter. Article 103 of the charter, quoted
above, subordinates all regional treaty com-
pacts to the charter, and Article 53 is explicit
that "no enforcement action shall be taken
under regional arrangements or by regional
agencies without the authorization of the
Security Council .
The United States is no obliged by SEATO
to engage in any military undertaking in
Vietnam even if it were otherwise permitted
to do so under the charter. As noted by
Representative MELVIN R. LAIRD, the SEATO
treaty was "not a commitment to send Amer-
ican troops to fight in southesa Asis. It
carefully avoided the kind of automatic re-
sponse to egression embodied in the NATO
agreement .".28
Representative LAIRD pointed out that in
soliciting the advice and consent of the Sen-
ate to the treaty, Senator H. ALEXANDER
SMITH of New Jersey, who was a member of
the United States delegation to the Manila
Conference at which the treaty was negoti-
ated and who was one of the signers of the
treaty for the United States, emphasized that
"Nothing in this treaty calls for the use of
American ground forces. . On the floor
of the Senate on February 1, 1955, he said.
"Some of the participants came to Manila
with the intention of establishing . . . a
compulsory arrangement for our military par-
ticipation in case of any attack. Such an
organization might have required the com-
mitment of American ground forces to the
Asian mainland. We carefully avoided any
possible implication regarding an arrange-
ment of that kind.
"We have no purpose of following any such
policy as that of having our forces Involved
in a ground war. .
"For ourselves, the arrangement means
that we will have avoided the impracticable
overcommitment which would have been in-
volved if we attempted to place American
ground forces around the perimeter of the
area of potential Chinese ingress into south-
east Asia. Nothing in this treaty calls for
the use of American ground forces in that
fashion." 24
Article 4, Section 2, is explicit that if South
Vietnam were threatened "in any way other
than by armed attack", "the [SEATO] Par-
ties shall consult immediately in order to
agree on the measures which should be taken
for the common defense".
SEATO therefore prohibits unilateral as-
sistance action. Indeed, the treaty originally
required previous agreement among the other
seven partners before any SEATO power could
take any "measures", including nonmilitary
measures, not to mention combat assistance.
In 1964 the unanimity requirement was re-
interpreted to mean that "measures" could
be taken in the absence of a dissenting vote
among the SEATO partners. The United
States has not convened the SEATO powers
because of the certainty of such a dissent.
It can hardly claim, therefore, that SEATO
obligates it to pusue its present course when
in fact it is evading its treaty obligation to
obtain collective permission for "collective
defense", as even the name of the treaty
indicates.
Finally, the United States actions also vio-
23 112 CONGRESSIONAL RECORD, 5558 (1966).
21101 CONGRESSIONAL RECORD, 1052-1054
(1955).
17757
late Article 53 of the United Nations Charter,
quoted above, which unequivocally prohibits
enforcement action under regional arrange-
ments except with previous Security Council
authorization. Hence, even if the United
States had obtained the required consent
from its SEATO partners, it would still need
the authorization of the Security Council to
make its "measures" legal.
Therefore, the United States, far from be-
ing obligated, is not permitted by SEATO or
by the charter to engage in its military un-
dertaking in Vietnam.
IV. U.S. INTERVENTION VIOLATES THE CONSTITU-
TION
The President has repeatedly stated and
acknowledged that the United States is at
war in Vietnam. The Lawyers Committee
on American Policy Towards Vietnam in its
memorandum of law took the position that
our intervention is violative of our own Con-
stitution. The committee predicated its
conclusion on the provisions of Article I, Sec-
tion 8, Clause II, in which the power to de-
clare war is confided exclusively to the Con-
gress. Congress alone can make that solemn
commitment. The clause granting this power
does not read "on the recommendation of
the President" or that the "President with
the advice and consent of Congress may de-
clare war". As former Assistant Secretary of
State James Grafton Rogers has observed,
"The omission is significant. There was to
be no war unless Congress took the initia-
tive." 20
The Supreme Court has held that
"Nothing in our Constitution is plainer
than that declaration of war is entrusted
only to Congress.... With all its defects,
delays, and Inconveniences, men have discov-
ered no technique for long preserving free
government except that the executive be un-
der the law, and that the law be made by
parliamentary deliberations." 27
President Woodrow Wilson underscored the
President's lack of power to declare war in
his historic statement to a joint session of
Congress on April 2, 1917:
"I have called the Congress into extraordi-
nary session because there are serious, very
serious, choices of policy to be made, and
made immediately, which it was neither right
nor constitutionally permissible that I
should assume the responsibility of making."
Congress has not declared war in Vietnam
and the President does not claim that any
declaration of war supports his actions in
Vietnam. In fact, the President has been
reported to be extremely reluctant to ask
Congress to declare war 28
The writer of the "legality position" arti-
cle, however, takes the position that the
Southeast Asia resolution (Tonkin resolu-
tion) of August 10, 1964, is "undoubtedly
the clearest and most unequivocal Congres-
sional sanction of the President's deployment
of United States forces for the defense of
South Vietnam." The writer then quotes
Senators JOHN SHERMAN COOPER, J. WILLIAM
FULBRIGHT and WAYNE MORSE during the de-
bates on the Tonkin resolution, and he con-
cludes that since "the resolution authorizes
the President 'to make war,' it surely has
the same legal effect as a Congressional 'dec-
laration of war' in haec verba would have
had."
21 52 Department of State Bulletin, 606, 838
(1965). Arthur Krock, "By Any Other Name,
It's Still War", The New York Times, June 10,
1965.
20 Rogers, "World Policing and the Consti-
tution," 21 (1945).
27 Youngstown Sheet & Tube Company v.
Sawyer, 343 U.S. 579, 642, 656 (1952) (Jack-
son, J.).
28 The Wall Street Journal, "The United
States May Become More Candid on Rising
Land-War Involvement", June 17, 1965, p. I.
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CONGRESSIONAL RECOR - August 8, 1966
It would seem that the action of Congress 2. That during the cease-fire period the
Mader the conditions that prevailed when Soviet Union and Great Britain (the co-
the Ton" resolution was submitted con- chairmen of the Geneva Conference in 1954)
stitutes, at most, an ultimatum and not a be requested to reconvene the 1954 con-
declaration of war. Terence and invite all the nations which
Senator FULBRIGHT in a recent article participated at the "Final Declaration" of
stated: the Geneva Conference on July' 21, 1954, to
"The joint resolution was a blank check renegotiate the 1954 accord.
signed by the Congress in an atmosphere 3. If efforts to negiotiate prove incon-
of urgency that seemed at the time to pre- elusive we should resort to the candor urged
elude debate. . . . by an eminent political scientist. Emmet
'"I myself, as chairman of the Foreign John Hughes, after a searching recent visit
Relations Committee, served as floor man- to Vietnam, details his views of the con-
ager of the Southeast Asia resolution and did ditions in that country and concludes his
all I could to bring about its prompt and report as follows:
overwhelming adoption. I did so because I ". . And It means the wisdom to sense
was confident that President Johnson would that American repute in Asia is not dignified
use our endorsement with wisdom and re- but diminished by untiring war for the ten-
straint. I was also influenced by partisan- attainable victory . . . and American honor
ship: an election campaign was in progress is not tarnished but brightened when so
and I had no wish to make any difficulties for great a power can say, with quiet assurance:
the President in his race against' a Repub- we have judged poorly, fought splendidly,
lican candidate whose election I thought and survive confidently.
Would be a disaster for the country. My role "I can think of no other way that the
In the adoption of the resolution of Aug.' 7, leaders of the United States might match the
1964 is a source of neither pleasure nor pride courage of the soldiers they have dis-
to me today." 7D patched." (I1
. There have been instances when the Presi-
dent has sent United States forces abroad
ong.
or so
ep
TREATIES NEED FORCE BEHIND
without a declaration of war by Congress.
These have ranged from minor engagements THEM What the Bucharest study most plainly
between pirates and American ships on the showed, I feel, is that while negotiations are
high seas to the dispatch of our Armed Mr. TALMADGE. Mr. President, as preferable to fighting, they should not be
Forces to Latin American countries and our the war drags on and on in Vietnam, taken seriously as durable arrangements be-
Involvement in Korea. But, except for the there is insistence from many quarters tween the combatants.
Korean War, none of these' instances re- that the United States exert every effort A great emphasis has been placed on the
motely Involved so massive and dangerous a need for negotiations in Viet Dram, and
to achieve negotiations to end this con- President Johnson has spared no effort to
And m in military the e Korean undertaking as War the the War United States fliCt. bring about negotiations. In his publicized
ea
fought under the aegis of the United Na- Of course, the U.S. Government has al- "peace offensive" of last December, an
in- knees implored the paralleled campaign was waged to persuade
n
Since Mr. Deutsch assumes that the Ton-
kin resolution does constitute "Congressional
declaration of war in haec verbs", em-
powering the President to act, it is fitting to
recall that on May 6, ' 1954, at a time when
the fall of Dien Bien Phu was iinnlnent, then
Senator Lyndon B. Johnson criticized the
President in these terms:
"We will insist upon clear explanations of
the policies in which we are asked to co-
operate. We will insist that we and the
American people be treated as adults-that
we have the facts without sugar coating.
"The function of Congress is not simply to
appropriate money and leave the problem of
national security at that." 90
Congress should, therefore, exercise its con-
stitutional responsibility' as a co-equal
branch of government of checks and balances
to determine whether this country shall con-
rilil
UI}der the rule of law, compliance with the Its assurance cannot rely on man's trust- Yet, that is the objective of the war, and
forms and procedures of law' are as impera- worthiness, but only on his fear and respect the Communist forces can end the war at
tive as compliance with the substance of law. for power. Treaties are useful, of course, but any time by simply abandoning that objec-
WHAT ACTION TO TAILS IN THIS SOLEMN If OUR few nations have ever signed a treaty with a tive and pulling back their units.
This is a solemn hour in history. We have potential foe and then dismissed all of its To agree to negotiations would require
a moral obligation to history to return to the soldiers and scrapped it guns, content in, North Viet Nam to admit that it is an ag-
high purposes and principles of the United the knowledge that a scrap of paper was suf- gressor, and that the Viet Cong are not a
Nations. We may be on the threshold of a ficient defense against aggression. group of insurrectionists.
,
further involvement in Asia. The United So quite possibly there will never be
I ask unanimous consent that this nego
t in the circumstances which exist in tiations in the Viet Nam conflict. The
Nations Charter forbids our unilateral inter- editorial column be printed in its en- war may simply end slowly and without a
Vietnam. tirety in the RECORD. dramatic' final confrontation.
It may be that the world could be brought There being no objection, the editorial If that happens, its conclusion can none-
closer to peace if we agreed to the following: was ordered to be printed in the RECORD, theless be as decisive and enduring as if
1. Declaration of a six months' (or more) as follows: a treaty was drawn up and signed.
cease-fire to create conditions for negotia- TREATIES research NEED project FORCE at BEHIND THEM university in Because as the Bucharest study indicated,
tions. A treaties only provide breathing spells.
di d than about 7 500 -MILLARD GRIMES.
vere
In the 115 years since 1850, an undeter-
mined number of additional treaties have
been signed and similarly disposed of in due
time.
One of the most famous treaties was the
Briand-Kellogg Pact of 1928 which pledged
its signatories to renounce war as an instru-
ment of foreign policy. Less than 12 years
later, most of the Pact's participants were
engaged in history's worst war.
Sadly, one must conclude from. looking
back at history that peace is kept by force
rather than treaties. Its assurance cannot
rely on Man's trustworthiness, but only on
his fear and respect for power.
Treaties are useful, of course, but few na-
tions have ever signed a treaty with a
potential foe and then dismissed .all of its
soldiers and scrapped its guns, content in
the knowledge that a scrap of paper was suf-
ficient defense against aggression.
Today in Korea, 13 years after the cease-
fire, American and South Korean hoops
stand guard against any new aggression
from North Korea, and presumably, the
North Koreans are convinced that their
troops are assuring that their country will
not be invaded from the south. But peace
l
k
t it f
nos on
Hanoi regime to come to a conference the North Vietnamese and Viet Cong to agree
table and discuss peace, And as we All to negotiations.
know, these efforts have been scorned at The campaign failed and the war con-
tinued.
every turn. Ironically, the ensuing months have
Many authorities contend that the way placed the United States and South Viet
to achieve peace in Vietnam is to make Nam in a much stronger negotiating posi-
such a show of force-in the air and on tion than they enjoyed in January.
the sea-that Communist North Vietnam Not only has the military situation im-
will realize the futility of aggression. I proved but the Saigon government of
Premier Ky appears on firmer footing, and
thoroughly concur. By the same token, would be able to go to the negotiating table
peace can be maintain by a continued with added confidence.
demonstration of force which will have But the North Vietnamese refused to
the effect of deterring action by would- negotiate in January for the same reason
be aggressors. they continue to refuse. They realize even
This point of view was discussed in a if the United States hesitates to admit it,
that the only acceptable negotiated peace
column on August 2 in the Columbus, would. involve a withdrawal of all Com-
Ga., Enquirer by editor Millard Grimes, munist forces from South Viet Nam, and an
who points out with great truth: end to the Viet Cong attempt to take over
Bucharest has sco
W The New York Times Magazine, "The international treaties were signed between
Fatal Arrogance of Power". May 15, 1966, 1500 B.C. and 1850 A.D. The average ef-
p. 28. This article was based on an address fectiveness of these treaties was found to be
at the Johns Hopkins School of Advanced about two years, although the terms of all
Studies. of them called for the treaties to remain
80 Jackson, "The Role and Problems of Con- binding for "eternity."
gress with Reference to Atomic War," publi-
', cation No. L 54-136, Industrial College of the
Armed Forces (1954).
OFFICE OF ECONOMIC OPPORTU-
NITY PROGRESS IN THE STATE OF
NEW HAMPSHIRE
Mr. McINTYRE. Mr. President, since
the establishment of the Office of Eco-
nomic Opportunity in the 88th Congress,
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 177'62 CONGRESSIONAL RECORD - SENATE August 8, 1966
NATO. On the other hand, many recalled PROPELLER CLUB STATES POSI- The present cost-equalization parity con-
how bitterly he opposed negotiations with TION ON IMPLEMENTATION OF cept of operation subsidy as distinguished
the Soviets following Khrushchev's threat to from untried and unproven theoretical con-
the Berlin Corridor in late 1961. He had said NATIONAL MARITIME POLICY cepts of government support.
at that time that he would refuse to enter The existing essential trade route concept
Mr. BREWSTER. Mr. President, the of our national maritime policy with such
to since we would were thsug- ere Propeller Club of the United States is a reasonable liberalization as is necessary for
g into right any "and negotiations"
negotiate u
to strong, active association dedicated to greater promotion of United States foreign
gest to the Soviets an intent on n our part t to
give something away that was rightfully ours. promoting and supporting the American commerce.
The remarkable thing about his trip, there- merchant marine. For some years now, The present basic arrangements for par-
fore, was that he so skillfully avoided leav- I have derived considerable enjoyment ticipation of American flag liners in confer-
in an impressions that he was negotiating ences with any necessary corrective measures
g any and edification from membership in the contingent upon a study by a special govern-
ther Weet Gor talk despite the desire of Propeller Club of Washington; this or- ment commission. European rite." At tt to ta same lk time about he was was able 's also also to ganization provides a valuable forum in A construction subsidy program to replace
finesse Soviet suggestions of the need to dis- which the problems of our merchant ma- current tonnage and capacity of existing un-
cuss recognition of East Germany. On the rine can be discussed with candor and subsidized liner fleets, coupled with operating
positive side, agreements were reached on authority. subsidy arrangements contingent upon: (a)
technological, cultural and scientific ex- When the Propeller Club takes a pub- compliance with existing subsidy regulations,
(b) agreement on fleet replacement, and (c)
changes. Since current French economic lie stand, it deserves to be heeded by divestiture of all foreign flag operations.
wade with al cka et epre is sents goings
everyone involved with the merchant A construction subsidy program with neces-ell, achiveve e eatment. . pac The kage ultimate esout outcome the Propeller Club
achiome of his marine. Recently, rare attendant benefits including the estab-
visit, therefore, could have profound military has taken a position on the implementa- lishment of a Construction Reserve Fund
significance, tion of our national maritime policy and provision for accelerated depreciation,
For some years the United States has ex- which :s, I think, realistic and construe- to encouge dthe building in ry bulk fleet U.S. shipyards
Olin U.S.-
changed visits of artists, athletes, and acad- tive. It is a position which I endorse a
subatadrial portion of tpa s bulk trade.
emicians as part of a program that had as its wholeheartedly; therefore, I should like g a S
The continuation of cargo preference laws.
goal the relaxation of tension between the to commend it to the attention of my which provide cargo for U.S.-flag flag ships and
United States and the U.S.S.R. The time now
has come to encourage the visits of business- colleagues in the Senate. combat traditional foreign flag routing pref-
men between both countries, and to encour- Mr. President, I ask unanimous eon- erences and discriminatory practices.
sup-
age our trade with the U.S.S.R. and its satel- sent that the position on the implemen- A s nt ut i n make program with shipyard
Marip-
lites. To an increasing extent, the profit mo- tation of our national maritime policy port sufficient
more seffectivo instrumour ent Merchant
in our water-
tive is playing a significant role in the Soviet of the Propeller Club of the United States commerce and to din in the water-
economy, and the Soviets are trading exten- be printed in the RECORD. borne defense though expansion of II.S.-flea meal
lively with our Allies. Our President, in his There being no objection, the State- chant fleet construction and repair in U.S.
State of the Union Message this year, urged ment was ordered to be printed in the shipyards.
C to o enabl to pass et necessary a legislation
ncreasedd RECORD, as follows: Establishment of a joint government-in-
enable to should on done an Increase dustry national research program to explore
for n This trade be done without delay, THE TON CLUB THE UNITED OUR NA- STATES new technology for improving the U.S.-flag
for increased tradde will not only reduce ten- POSITION ON oN IMPLEMENTATION OF OuR N merchant flee
sion, but will increase the standard of living TIONAL MARITIME POLICY application of our current non-
-
partisan national maritime policy current
and improve the social and economic pros- BACKGROUND Vigorous
pects of people wherever the trading is done. At its National Convention in 1965 at pressed in the Merchant Marine Act of 1936
Conspicuous by its absence from this dis- Galveston, Texas, the Propeller Club of the in order to best serve the commerci 1 and
cussion is the problem of the unification of United States adopted the following lan- defense needs of-the nation. , lh
economic and political relations Between - "The Propeller Club urges the continued
Western Europe and the Soviet bloc are im- development and vigorous application of a
proved, there is little prospect of finding an permanent, non-partisan, high level Admin-
acceptable reunification formula. istration policy which is firm in the convic-
In the past two decades, the world has tion that this nation must have a strong and
changed from a community of many in- active U.S.-flag Merchant Marine to serve the
dependent nations, frequently remote from commerce and defense needs of the country.
one another, to one small world community. The Propeller Club urges maritime agencies
It will look with great apprehension on any of the government to re-double their efforts
indiscriminate use of military power. In the in support of practices and procedures in
meantime, from an unprecedented abund- consonance with the provisions of basic
ance of scientific and technological knowl- maritime law and the expressed will of Con-
edge, man has acquired the potential for gress and calls upon such agencies to join
tremendous good and tremendous harm. in a forceful program to promote U.S.-flag
This new knowledge must be channeled into shipping in a troubled world which vitally
the areas where the greatest good for the requires it for progress and survival."
most can be realized: to help our Great So- Subsequent thereto concepts have been
ciety at home and to help the emerging na- advanced and policies advocated which are
tions abroad. The most influential force in in direct conflict with our national maritime
world affairs today is the economy of the policy, our basic maritime laws and proven
United States. It should be sustained and shipping practices.
enriched as a matter of sound strategic The very purposes, which the National
policy. Resolution of the Propeller Club was in-
Tactical engagements that do occur should tended to serve, are being hindered by varied
not be permitted to grow as uncontrollably and sundry proposals that would weaken
as a malignant cancer. Fighting will cer- rather than advance the cause of achieving a
tainly occur, from time to time, at any point strong American Merchant Marine.
along the abrasive interface between the It therefore becomes a matter of the high-
Communist nations and the Free World. Our est importance that the Propeller Club of the
power must be used to persuade those who United States reaffirm and implement its
seek to improve their position through ag- position on "high level Administrative
gressive attacks upon their neighbors that policy" as expressed in the resolution
they will be deterred and cannot possibly adopted at its last National Convention.
succeed. Concurrently, we should make clear POSITION
FOREIGN SUPPORT OF U.S. DEFENSE
OF FREEDOM IN VIETNAM
Mr: THURMOND. Mr. President, we
hear a great deal about the existing lack
of support in foreign lands of the U.S.
defense of freedom in Vietnam. What
we do not hear is the fact that there are
widespread areas of support and, in
many instances, even more detailed and
perceptive information published about
the brutal Communist efforts to overrun
freedom in some of the foreign press than
is generally found in our own.
in this regard, the July 17 issue of the
Italian newspaper, Lo Specchio, has been '
brought to my attention.
Lo Specchio-the Mirror-is the most
pro-American weekly magazine in Italy
and among the most pro-American in
all Europe. Its publisher is George Nel-
son Page, an American-Italian who is the
nephew of Thomas Nelson Page, U.S.
Ambassador to Rome in the Woodrow
Wilson administration.
Published in Rome and enjoying a
nationwide readership, Lo Specchio has
vigorously supported President Johnson
and the Americans fighting in Vietnam.
Especially is this true of its July 17 issue.
our intention and ability to maintain a of this issue
dominant position in global affairs. Our The Propeller Club of the United States containsntarepicture cofetwo American
global power must be exercised with restraint vigorously reaffirms the principles of our Na-
and wisdom. At a time of Great Britain's tional Maritime policy as expressed in the fliers being paraded through the streets
greatness, Disraeli said, "All power is a Merchant Marine Act of 1936 and In imple- of Hanoi with the heading of "Vietnam-
trust-and we are accountable for its exer- mentation thereof calls upon the Congress, Communist Torture for USA Pilots."
cise." Now, we too are accountable, not only interested maritime agencies and maritime The magazine carried a two-page
to the American people but to people of the labor and management to the particular spread of a story from Washington de-
community of nations. and continued support
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August 8, 1966 CONGRESSIONAL RECORD -- SENATE 11761
lished despite the fact that we have steadily Equally as important as directing the in- be the restoration of stability within the At-
reduced the amount of foreign aid until to- tellectual energies of our young people into lantic Alliance. We have insisted for too
day, in 1966, it is but .48 per cent of our Gross useful channels is the problem of helping long on maintaining the status quo in NATO,
National Product, compared to 1.75 per cent them to develop their physical talents. Very ignoring the powerful trend toward Euro-
at its inception in the late 1940's. few countries do not have national amateur peanism and the towering strength of the
There is an old combat maxim that one sports programs assisted and guided by a European Common Market. Profound
should reinforce success; this we are not do- national council; the United States is one of changes have taken place in Europe since
ing. In speaking at the Boston University them. It was the'hope of our late President, NATO was originally established, and our
Commencement exercises In June of this John F. Kennedy, that some day every boy policy does not reflect an awareness of these
year, Lady Barbara Ward Jackson recom- and girl, regardless of race or economic back- changes. At times we seem more preoccupied
mended that the "have" ,nations such as the ground, would be given an opportunity to with isolating de Gaulle than with making
United States, contribute 1 per cent of their achieve excellence in competitive amateur positive proposals to which our European
Gross National Product to help the under- sports. President. Johnson directed a study allies could adhere.
privileged and underdeveloped countries. to this and some time ago, and, it is hoped, a The most significant change that has
Some attribute our unwillingness to do so program will be under way this year. The taken place has been the growth of the Eu-
to the cost of the Vietnam war. If so, this solution of this problem is intimately related ropean Common Market. Although con-
at least raises the question of whether or not to the pooblems typified by Watts. ceived as an economic organization, it is
we may now be following a course inimical Now, what does this discussion on the re- rapidly assuming all aspects of a powerful
to our long-term strategic interests. lationship between military power and eco- military and political bloc. Purists will
Another area in which Americans have nomic programs mean when applied to prob- argue this point, pointing out that the
achieved great success has been in the ex- lems of today? What, for example, does it Fouchet Mission to Brussels of five years ago
portation of products and business know- mean in terms of Vietnam? failed in its efforts to have the members of
how. Our exports, which amounted to ap- I think that we would all agree that we the Common Market agree on a common-
proximately $37 billion in 1950, have grown should not be in the predicament that we are ality of political, military, and cultural ob-
to well in excess of $100 billion in the mid- in in Vietnam, but the fact is that we are jectives. But the fact is that the European
Sixties. Our direct investment abroad has there. The problem now is to handle our Common Market represents growing poll-
increased from $26 billion to $50 billion in resources--men, weapons, aircraft, etc.-in tical and military strength. The need, there-
the same period of time. In addition to this such a manner as to neither impair our stra- fore, is for a recognition of this within the
direct investment, we have indirectly in- tegic efforts in other areas nor our tactical structure of the Atlantic Alliance.
vested $20 billion through stocks and port- prospects in future conflicts. The cost of There are those who fear such a Europe
folio holdings. Our direct investment abroad the Vietnamese involvement now is on the as a third power, but now is not the time
is now increasing at an average of more than order of $16 to $18 billion a year. This has for such fear; it is a time for an under-
$10,000,000 a day. With this investment we already made it necessary for us to curtail standing of Europe as a strong partner.
have exported entrepreneurial skills and the flow of dollars overseas. We have also Furthermore, Great Britain is part of Europe
management techniques that have proven to continued to cut back on our foreign aid pro- and must play a significant role in the affairs
be very attractive to the Western world. So grams. Our domestic economy is beginning of Europe. Our reaction to de Gaulle's with-
successful has this been that the return on to show the impact of the Vietnam struggle. drawal of his armed forces from NATO has
our investments abroad today amounts to Obviously, we have reached the point been to orient our attention more toward
$4 billion annually. where further escalation could seriously lm- Germany as the leading power on the Con-
This has all been possible because of a pair our strategic commitments-our expor- tinent. This policy has in it the seeds of
burgeoning economy at home and the ag- tatton of capital and management skills, our disaster, for a German-dominated Europe
gressive drive of our businessmen to find foreign aid programs, and our science and would never be accepted by our allies and
markets and business opportunities abroad. technology programs-and our social pro- would be bitterly opposed by the U.S.S.R. and
At the same time, businessmen have sought grams at home. Perhaps we have passed its satellites. A Europe without Great Brit-
to raise the standards of living wherever this point. Futhermore, we should antici- afn's participation in its economic and po-
they have marketed their products and serv- pate and be ready for a vary serious struggle litical affairs will be an unending source of
ices. In this they have been, by and large, for Thailand and the Kra Peninsula. And if irritation and trouble for us. It is impera-
very successful. There is nothing that the Our involvement plunges us deeper into war tive, therefore, that we assist in any way that
Communists have done, or so far can do, that in Southeast Asia, we should be prepared we can Great Britain's entry into the Com-
can compare with this. It is with great un- for a'reopening of the Korean front. It is non Market.
easiness, therefore, that thoughtful bust.- important, therefore, that we accelerate the This should begin with an understanding
nessmen consider restrictions on the flow of measures to bring the Vietnam situation un- on our part of the need for Great Britain
dollars overseas.
dollars overseas. For the export of our en- der control. Certainly, we should not will- to sever her special nuclear relationship with
trepreneurial skills and products has been tngly allow it to escalate. us, and for her to enter into frank discus-
one of the most successful undertakings of For example, our present position in Viet- sions on the problems of nuclear weapons
foreign affairs in the history of our country, nam is based upon the need to defeat the and the Common Market area. Based upon
and the most productive of good in our con- North Vietnamese aggressors who have car- numerous conversations that I have had with
irontation with the Communist bloc. No ried their attack into South Vietnam. What responsible members of the de Gaulle gov-
tactical conflict, whether it be undeclared is the nature of the aggressor's forces coming ernment, including the General himself, I
war or not, should be allowed to expand at from North Vietnam, in weapons, size of am convinced that Great Britain would be
their xnense. forces, and current rate of buildup? Are welcomed into the Common Market if she
Maintenance of our position in the world they as numerous and as well equipped as we were willing to come in, bombs and all, and
community e a Sc based not only on those pro- allege? It seems to me that answers to these meet all the provisions of the Rome Treaty.
grams
roams that is basedt abroad, but also those the questions should be obtained as a matter of Among other things, this will require a mini-
a sexport have at home. also highest priority, mum period for the transition of the Corn-
kin
opinion will society i formed by not h m the pros One of the outcomes of the 1954 Geneva monwealth nations out of their special rela-
opinion and will be r standard by of only that we Conference was the establishment of an In- tionship to the U.K. economy.
can help other nations achieve, but also b ternational Control Commission. This Com- As the strength of Europe increases, the
y rnissicn should be abundantly equipped with need for U.S. military forces on the Con-
what the world knows that we are able to do helicopters, fixed-wing aircraft, and up-to- tinent will diminish. Our present commit-
in our own society. Through our ability to date communictaions equipment if it is to ment is based more on diplomatic than mili-
manage our own internal affairs, we export do its job. The staff supporting it should tary need. A significant reduction of our
an image of America and of our way of life. also be increased until it is capable of carry- troop strength, in my opinion, would im-
And in this area there is much to be done. tog out its intended task. It is not capable prove our economic situation worldwide and
We have made progress in dealing with of doing this today. If we were to spend but thus add to our global strategic strength
some of the problems of the aged and of a small part of what we are expending in without increasing the military risk in
the very young, but, In my opinion, we have combatting the North. Vietnamese to deter- Europe.
not yet begun to deal adequately with the mine with accuracy the nature and c:ompo- General de Gaulle's recent visit to the
problems of the teen-agers and the near teen- sition of their forces, we could probably make U.S.S.R. was a remarkable tour de force.
agers. We must completely revitalize our a significant contribution to the ultimate Although generally denigrated in the Ameri-
educational system by bringing together the resolution of the problem. Concurrently can press, the General's achievements were
vast industrial, scientific, and technological 'with this improvement in the capability of noteworthy. There were many who remem-
resources of this country with our educators, the International Control Commission, we bered that the General had written in his
to the end that we can significantly improve should. ask for a reopening of the 1954 Gen- memoirs, published In 1959, that it was his
the education and technical training of our eva meeting to determine if other measures intent to insure the security of France by
young. In adddition, we must provide op- can be taken to bring the situation under making arrangements with either the East
portunities for those out of school for some control, and hopefully find a formula for or the West; hence, there was concern lest he
time to return to educational centers to up- resolving the conflict. enter into a conventional military pact fol-
date their knowledge and to learn new skills.- High on the list of national priorities must lowing the withdrawal of French forces from
No. 129-15
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August 8, 1966 CONGRESSIONAL
scribing the great support from the
American public which President John-
son received after the bombing of the oil
depots on the perimeters of Hanoi and
Haiphong on June 29; it devoted four
pages of a story and pictures of Com-
munist atrocities from its correspondent
In Saigon; a page containing the pic-
ture of Communist-led demonstrators in
St. Peter's Square demanding "peace"
in Vietnam; it devoted one page to the
pacification program the United States
is waging in South Vietnam villages, and
carried an editorial by the publisher com-
menting on the'plight of the American
fliers held prisoners by Hanoi and
threatened with trials as war criminals.
Certainly we Americans should be
thankful for Lo Specchio's bringing the
truth of the war In Vietnam so forcefully
to its Italian readers.
Mr. President, I ask unanimous con-
sent that a translation of Mr. Page's
editorial be printed in the RECORD at the
conclusion of my remarks.
There being no objection, the transla-
tion of the editorial was ordered to be
printed in the RECORD, as follows:
(Translation of editorial by George Nelson
Page, publisher of Lo Specchio-the Mir-
ror-magazine, Rome, Italy, July 17, 19661
THE HANOI SAVAGES
No one knows what cruelties have been
committed against the American flyers who
fell into the hands of the Communist North
Vietnamese, but pictures we have seen seem
to justify the deepest pessimism. Moreover,
the statements attributed by Hanoi to Cap-
tain David Hatcher and Commander Muligan
show the moral standard-certainly below
that of savages-of the North Vietnamese
rulers who are no more than loyal followers
of the Communist tyrants specialized in
brainwashing and psychological murder
which so often precedes the physical murder
of their victims.
The shameful farce has already begun.
According to the tradition of the totalitarian
regimes, the mobs have been mobilized and
ordered to claim death sentence.
The Italian "vestals" of our time, usually
ready to rush to Piazza San Giovanni in
Rome to cheer the speakers of the Commu-
nist Party who harangue in "defense of civ)1-
ization" being threatend by American ag-
gressors, keep silent.
When Daniel and Sinyavski were found
guilty of writing without authorization by
the Soviet Inquisition and convicted to penal
servitude, those 'same "vestal virgins" were
compelled-against their will-to say some-
thing in favor of the two Russian writers.
On the other hand, our progressive "vestals"
.have not gathered their energies to protest
the plight of the American pilots whose
treatment is against any humanitarian prin-
ciple and represents a violation of all rules
on the status of war prisoners.
The impartial behavior of the Communists
and their fellow travelers is really admirable;
the gravity of a crime is judged according to
who commits the crime! Stalin's murders,
justified as a necessary purge when he was
the leader of the Communist world, became
crimes only after his post-mortem degrada-
tion by the bosses of the new regime.
The same is now happening in Vietnam;
American war operations, even if carried out
in full respect of international rules accepted
by all civilized nations, are "criminal ac-
tions" while there is nothing wrong or, at
least, deserving too much consideration, with
torturing and'killing soldiers taken prisoner
in the accomplishment of war missions.
Luigi Longo (Italian Communist leader)
will tell us whether and when tortures and
RECORD- SENATE 17763
murder deserve a written and verbal disap-
proval. Until that day we will not know.
Up to now the American authorities have
been cautious in commenting on the bar-
baric behavior of the Asian Communists,
probably because of the necessary delicate
handling of wild beasts capable of the worst
crimes. But the reaction of the American
people is such that they cannot ignore it,
just as they could not, in World War 1, ignore
the sinking of the Lusitania by German sub-
marines, causing the United States to enter
the war against Germany. Likewise, it was
an aroused American public which caused
the declaration of war 24 hours after the
attack on Pearl Harbor. History has much
to teach, even to the most inattentive ob-
servers.
The ultimate fate of the American flyers,
for whom the "voice" of Hanoi claims a death
sentence, cannot be foreseen, but the deepest
concern is legitimate. What is beyond doubt
is that if the Peking rulers are determined
to provoke a reprisal from the greatest indus-
trial power In the world with enormous
means at its disposal, all they have to do is
to ask Hanoi to administer the "justice" an-
nounced by the savages disguised as Asian
"progressives."
TIMPANOGOS CAVE REGISTERS
ONE MILLIONTH VISITOR
Mr. MOSS. Mr, President, one of the
Nation's oldest national monuments
under the direction of the National Park
.Service has just recorded its one mil-
lionth visitor, I speak of Timpanogos
Cave National Monument, near Provo,
Utah.
The Park Service opened Timp Cave,
as we refer to it in Utah, in 1922. Since
that time, this wonder of nature has been
made more accessible, but it is still a
short hike up a mountain trail from the
new visitor center.
Timp Cave Is not on a major highway,
but it is only a few minutes drive from
either Provo or Salt Lake City. The
delicate crystal formations and the in-
teresting Park Service tour are memo-
rable for the many tourists who visit the
monument each year.
Mr. President, the Daily Herald news-
paper in Provo recently published a fine
editorial on the millionth visitor. I ask
unanimous consent that the editorial be
printed at this point in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
[From the Provo (Utah) Daily Herald,
Aug. 5, 1966]
TIMP CAVE'S MILLIONTH VISITOR
Within a week Timpanogos Cave National
Monument is due to have its one-millionth
visitor since it was opened to the public in
1922.
The occasion is a good time to reflect on
our good fortune to have a valuable asset
like Timpanogos Cave here.
Although not as big as a number of other
caves in the West and Midwest, Timpanogos
Cave is certainly one of the most beautiful,
with delicate crystal formations and it "great
heart of Timpanogos."
The fact that our cave isn't on the main
highway and that you have to hike some
distance uphill to reach the entrance tend
to slow the tempo of tourist visits in com-
parison with some other caves more readily
accessible.
Nevertheless, Timp Cave is seen annually
by persons from throughout the country and
the tempo of visits seems to be picking up
from year to year.
Travel to the national monument cur-
rently is 23 per cent ahead of that of last
year. For the first five days of July over
5000 people visited the cave. This is a far
cry from 1934, the first year the cave was
managed by the park service, when only
1000 people visited the cave in the entire
season.
If trends continue as anticipated, another
million will likely see it within the next 10-
year period.
This wonder of nature right In our own
county is a fine an attraction as you will
see anywhere. Without doubt it is one of our
best tourist attractions and could be made
even more of a drawing card with wider
publicity.
Undoubtedly there are people right here
in Utah Valley who have not visited the cave.
For their benefit, we suggest an outing at an
early date. Those who have not had the ex-
perience have missed a real treat.
RESIGNATION FROM BELGIAN PAR-
LIAMENT OF PAUL-HENRI SPAAK
Mr. FULBRIGHT. Mr. President, I
wish to call the attention of my col-
leagues in the Senate to the recent resig-
nation from the Belgian Parliament of a
most distinguished politician and diplo-
mat, Mr. Paul-Henri Spaak. His was
a long and successful career. He served
the cause of postwar Western democracy
with the dedication equaled by few other
men.
We in the United States have some-
times been critical, and rightly so, of the
tendency on the part of some leaders in
smaller nations to be irresponsible in the
conduct of their official duties, especially
with regard to their reluctance to carry a
fair share of the burdens of common de-
fense and regional economic develop-
ment. No such thing can be said about
Mr. Spaak. His foresight and per-
sausiveness helped to. create an atmos-
phere which permitted Europe to recover
from the ravages of World War II.
Pointing to the past as a lesson not to be
repeated, he helped temper those who
understandably were hesitant to include
Germany in any European partnership,
realizing that a prosperous Europe could
not exist without a healthy Germany.
He was one of the earliest statesmen to
recognize the merits of interdependence.
As the first President of the. United
Nations General Assembly, he warned of
the perils of power politics in the atomic
age. As Prime Minister and Foreign
Minister of Belgium, he guided that
country into collective economic and
military agreements which have per-
mitted his people to enjoy prosperity.
Mr. Spaak is living testimony to the
fact that international affairs are not
conducted solely by men who are irre-
sponsive to genuine partnership.
He has contributed greatly to the mu-
tual trust which exists between the
United States and our European allies.
American diplomats will be among those
who will sorely miss his wise counsel
when dealing with international prob-
lems.
Mr. President, I ask unanimous consent
that articles appearing in the New York
Times on this European patriot be sub-
mitted in the RECORD at this point.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
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11764 CONGRESSIONAL RECORD -SENATE
[.From the New York Times, July 28, 19661
BELGIAN STATESMAN--PAUL-HENRI SPARK
During the third General Assembly of the
United Nations in Paris, Paul-Henri Spaak
turned to Andrei Y. Vishinsky, the Soviet
delegate, and said :
"The Soviet delegate need not look for
complicated explanations of our policy. I
will tell him the basis for our policy in terms
which only the representative of a small na-
tion may use. It is fear of you, fear of your
Government, fear of your policy."
This uncompromising comment character-
ized the Belgian statesman who was to be.-
Come one of the principal architects of Eu-
ropean unity and the North Atlantic Treaty
Organization.
The militant Socialist, who had led street
deglonstrations in Brussels in his early ca-
reer, had been through the fire of World War
II. He had seen his country's neutrality vio-
lated by the Nazi armies. He saw a prostrate,
chaotic Europe as a helpless prey to the ad-
vancing tide of Soviet power.
Mr. Spaak was one of the Western Euro-
pean statesmen to understand what had
happened to the established order In Eu-
rope as old empires and predatory states col-
lapsed, to be replaced by a new and more
powerful imperialist state. The starting
point for Mr. Speak's philosophy of European
unity and of alliance with American power
was his recognition that a fragmented, im-
poverished, wrecked Western Europe could
never hope to build a counterweight to So-
viet power.
MORE THAN A BELGIAN
In this context Mr. Speak was more than
a Belgian-he was a European who, in face
of the new peril, had no difficulty in finding
a common language with Dr. Konrad Ade-
nauer, the creator of the West German Fed-
eral Republic, and with Jean Monnet and
Robert Schuman, the French architects of
European unity.
As a Belgian, Mr. Spaak, who is 67 years
old, combines the qualities of his Flemish
and Walloon forebears-an enormous capaci-
ty for work, tough-mindedness, a somewhat
authoritarian attitude and a great flair for
language. He is rated a powerful orator in
French.
His turbulent 41-year career, the ending of
which was announced yesterday, exemplifies
the belief that it frequently requires more
talent, political creativity, foresight and
courage to govern a small country in a world
of big, powers than to manage a big power.
Great powers can afford risks and mistakes,
small ones cannot.
,Mr. Speak was trained for power and lead-
ership, His mother was Belgium's first wom-
an Senator. His maternal grandfather was
Paul Janson, a 19th-century liberal leader.
An uncle, Paul-Emile Janson, was a Premier
and was known as the Cato of Belgian poli-
tics. Mr. Speak's father was a successful
author and director of the Brussels Opera.
A RANGE OF TALENTS
Young Spaak displayed a talent for bridge,
versifying, jurisprudence, journalism, repar-
tee and statecraft, and in his spectacular
career, brought to fruition the diverse quail-
ties of his family heritage.
Amiable and courtly though he is, Mr.
Spaak is also capable of deep-seated political
animosities. and enmities, When the Nazi
armies overran Belgium, he urged King Leo-
pold III to flee to Britain, but the King re-
fused, remaining during the Nazi occupation.
After the liberation It was Mr. Spaak who
led the movement to bar Leopold from the
throne.
Queen Wilhelmina of the Netherlands, who
took the bitter road of exile, returned in tri-
umph to her country, but King Leopold's
postwar insistence on retaining his throne
was greeted with antiroyalist riots and dem-
onstrations. He was compelled to abdicate
in favor of his son, Baudouin.
Interrupting an active career in successive
postwar Governments, which he served as
Foreign Minister and Premier, Mr. Speak be-
came Secretary General of the North Atlantic
Treaty Organization in 1957. In his five
years in Paris he sought to establish politi-
cal consultation among the members and to
head off conflict. However, he has been
highly critical of President de Gazelle's oppo-
sition to the unified NATO command and to
British membership in the European Eco-
nomic Community.
Showing the flexibility of the great states-
man, Mr. Spaak, despite his fear of the Rus-
sians, believed that efforts should be made
to build bridges between East and West al-
though he was convinced that little rapport
existed between them.
EDUCATED FOR THE LAW
Born in 1899, Mr. Spaak was educated for
the law, a profession he practiced for a rela-
tively short time. lie was elected as a So-
cialist member of Parliament in 1932 and
received his first Cabinet post in 1935 as
Minister of Transport and Posts.. He was
named Foreign Minister for the first time in
1936 and became Premier two years later. In
all he held the Premiership twice and was
Foreign Minister six times.
Mr. Speak was elected president of the
first General Assembly of the United Nations
after having played a pre-eminent role at
the founding meetings of the world organi-
zation in San Francisco in 1945. In 1957,
he helped draft the Treaty of Rorne, which
established the Common Market.
Mr. Speak's first wife, the daughter of a
wealthy industrialist, died in 1964. They
had three children. He remarried last year.
SPA.AIc IS ENDING POLITICAL CAREER:-LEADER
OF UNITY MOVEMENT IN EUROPE QUITS
PARLIAMENT
BRUSSEr,s, July 27.-Paul-Henri Spaak, Bel-
gian statesman and one of the founders of
the European Common Market, has decided
to retire from political life, it was announced
today.
Mr. Spaak, 67 years old, has sent a letter
resigning his parliamentary seat to the presi-
dent of the Chamber of Representatives
(lower house), Achille van Acker.
After having served his country six times
as Foreign Minister and twice as Premier,
Mr. Spaak left the Government last year.
He began public life in 1925 as political
secretary to the then Minister of Labor, M. J.
Wauters, a Socialist.
He became known as an international fig-
ure as a result of his eloquent speeches at
the founding meeting of the United Na-
tions in San Francisco in 1945. He was the
first president of the United Nations General
Assembly.
Mr. Speak's outstanding achievement was
in his postwar contributions to European
unity. He played a leading role in the nego-
tiations on the treaties creating the Euro-
pean Common Market and Atomic Energy
Agency in 1957.
He was said to be planning to resume a
law career as defense counsel in a murder
case In the fall. He is also writing his
memoirs.
PROCEDURAL ASPECTS OF CONSTI-
TUTIONAL BAN ON UNREASON-
ABLE SEARCH AND SEIZURE
Mr. BREWSTER. Mr. President, one
of the leading attorneys in the State of
Maryland, and one of the outstanding
authorities on criminal procedure, is
William W. Greenhalgh.
Bill Greenhalgh is currently professor
of law at the Georgetown Law Center.
He directs the legal internship program
there, providing counsel, for indigent
August 8,, 1966
criminal defendants in the District of
Columbia-a pioneer program which has
won praise across the country.
Professor Greenhalgh was recently in-
vited to address the National Bar Asso-
ciation Convention on the procedural as-
pects of the fourth amendment ban on
unreasonable search and seizure. Since
this is a matter of some importance to
everyone concerned with problems of law
enforcement, I ask unanimous consent
that Professor Greenhalgh's lecture be
printed in the RECORD.
There being no objection, the lecture
was ordered to be printed in the RECORD,
as follows:
PROF. WILLIAM W. GREENIIALGH, GEORGE-
TOWN UNIVERSITY LAW CENTER, LECTURE TO
NATIONAL BAR ASSOCIATION, AUGUST 4, 1966,
DETROIT, MICH.
1. PROBABLE CAUSE FOR ARREST WITHOUT A
WARRANT
IVth Amendment provides:
"The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and seizures,
shall not be violated, and no Warrants shall
issue, but upon probable cause, supported
by Oath or affirmation, and particularly
describing the place to be searched and the
persons or things to be seized."
An arrest may occur where either:
A. Circumstances known to a reasonably
prudent police officer by personal observation
amount to a felony or misdemeanor com-
mitted, or attempted, in his presence or view
(McDonald v. United States, 335 U.S. 451
(1948)), or
B. Information received is such as would
justify a reasonably prudent police officer
that a felony or excepted misdemeanor has
been committed or is being committed (John-
son v. United States, 333 U.S. 10 (1948) ).
1. Although probable cause may be based
on hearsay information and need not reflect
the direct personal observations of the police
officer, he must possess some of the underly-
ing circumstances from which the source of
the information concluded that a crime had
been or was being committed as well as some
of the underlying circumstances from which
the officer concluded that the source of in-
formation (whose identity need not be dis-
closed) was credible, or his information re-
liable (Aguilar v. Texas 378 U.S. 108, 84
S.Ct. 1509 (1964) ).
a. Informant of known reliability. (Draper
v. United States, 358 U.S. 307 (1959)).
b. Anonymous source of information.
(Mills v. United States, 90 U.S. App. D.C. 365,
196 F. 2d 600 (1953)) .
Thus, a police officer may not arrest upon
mere suspicion (Henry v. United States, 361
U.S. 98 (1959), Beck v. Ohio, 379 U.S. 89
(1964), One 1958 Plymouth v. Pennsylvania,
380 U.S. 693, 14 L. Ed. 2d 170, 85 S. Ct. 1246
(1985)) but only upon probable cause (Ker
v. California, 374 U.S. 23 (1963) ). Nor may
he arrest for "investigation"; yet he has a
duty to approach (Lee v. United States, 221
F. 2d 29, D.C. Cir. 1954), confront and in-
terrogate. It is the most useful, most effi-
cient, and most effective method of investi-
gation. Often it develops probable cause.
Remember the validity of the subsequent
search and seizure thus turns upon the
question when the arrest occurred (Rios v.
United States, 364 U.S. 253 (1960) ).
in order for there to be an arrest it is not
necessary that there be an application of
actual force, or manual touching of the body,
or physical restraint which may be visible to
the eye, or a formal declaration of arrest. It
is sufficient if the person arrested under-
tands that he is in the power of the One
arresting, and submits In consequence.
(Kelley v. United States, 298 F. 2d 310 (D.C.
Cir. 1961)). In other words, there must be
some,detention of the person to consititue
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August 8, 1966 CONGRESSIONAL RECORD -SENATE
point, while we were putting $175 million
worth of food through Egypt's front door,
Nasser was sending $41 million worth of rice
to Russia, Cuba, Red China and other com-
munist countries. Another time we delivered
$23,700,000 worth of corn for free distribution
to Egyptians supposedly suffering a famine
due to failure of the local crop. Our General
Accounting Office later discovered that there
was no evidence of crop failure and that
nearly half the corn was not distributed free,
but sold for the account of the Egyptian gov-
ernment.
Congress time and again has adopted legis-
lation designed to cut off aid to Nasser. Time
and again the executive branch has indi-
cated that it would be cut off. Yet in spite
of Nasser's deals with the communists, in
spite of his telling us to take.our aid and go
jump in the sea, our food subsidy still goes
to him year in and year out.
Blundering administration of our food
program has led to waste and worse. The
Greek government publicly advised its farm-
ers to replace wheat with other cash crops,
since Uncle Sam would take care of Greece's
wheat needs. One South American country
appealed for "temporary" Food for Peace dis-
aster relief because of a flood; Instead, It got
a massive fivefold increase of food which con-
tinues unabated years later. While we fed
Italians through Food for Peace charity
grants, Italy exported so much macaroni to
Britain that London newspapers complained
of dumping. Indonesia's Sukarno was able
to mortgage his nation's economy to pay for
$1.1 billion worth of Soviet arms for military
forays, because we were helping to feed his
people.
COOLEY LOANS
Thus many countries neglect their agricul-
ture and shift their food needs to Uncle Sam
while they divert their own resources to vari-
ous economic and military adventures. This
results in large part from the mechanism we
have used to pass along most of our Food for
Peace. We "sell" it for the recipient coun-
try's own currency. Then we turn most of
this paper back to the same government for
Its own use.
The futility of this approach led Congress
in 1957 to insist that part of this foreign
currency be put to work in loans to business-
men, both American and native, for agricul-
tural and Industrial development. Named
after Chairman Harold Cooley of the House
Agriculture Committee, these "Cooley loans"
have enabled Purina to build an animal-feed
plant in Colombia, John Deere to manufac-
ture tractors and farm implements in Mex-
ico, Pfizer to produce pharmaceuticals in Tai-
wan. They have financed manufacture of
silos, corrugated board and petroleum bp-
products in Israel; fertilizer, steel and tires
in Turkey; poultry farming and hotels in
Pakistan; cattle ranches in Paraguay.
Such loan constitute foreign aid that suc-
ceeds where giveaways have failed. But
jealous administrators, both American and
foreign, eye the Cooley program as competi-
tion for their own government-run projects
and so fail to enforce it. As of June 30, 1964,
only a paltry three percent of the foreign
currencies derived from Food for Peace trans-
actions had been loaned to businessmen; 65
percent was handed back as gifts or soft loans
for pet government spending schemes.
Two, years ago the Senate Agriculture
Committee angrily noted that "this record
is not responsive to expectations." So Con-
gress amended the law to require that our
food currency be employed "to the maximum
usable extent" for Cooley loans. Yet last
spring the House Agriculture Committee pro-
tested that the intent of Congress had been
ignored in case after case.
The United States "sold" the Philippine
government $12 million worth of food, but
offered. only a meager ten percent to busi-
nessmen, Nasser has been allowed to get by
with just a single free-enterprise loan. A
sampling of 19 Food for Peace sales agree-
ments showed that none provided more than
15 percent of our foreign currency for private
enterprise.
IT CAN WORK
Clearly, it is time for Congress and the
American people to compel realism on the
part of our food-aid administrators. Our
generosity will prove but a prelude to dis-
aster unless we face-and force our food-aid
recipients to face-these facts:
We are already on the brink of global
famine. Thousands of people die of starva-
tion and malnutrition every day, and more
than half the world goes to bed hungry every
night. Yet in five years the world's popula-
tion will have increased by another 285 mil-
lion, and within 35 years it will have more
than doubled, from 3.3 to 7.4 billion, Of
these people, six billion will live in countries
where already four out of every five subsist
on deficient diets.
Even the bounty of American agriculture
cannot continue to stave off mass starvation.
Last March, Agriculture Secretary Orville
Freeman told a Senate committee that by
1985 the food needs of 68 developing coun-
tries will be so great that the United States
cannot possibly fill the gap, even if we farm
every arable acre at full capacity.
Those countries depending on us to make
up their food needs must be compelled to
devote their principal efforts to development
of their own agricultural resources. The
United States should not be burdened with
the responsibility of determining who starves
and who survives. For the good of all, we
must insist that in the emerging countries
a greater share of our Food for Freedom and
foreign aid go for agriculture. They must
devote more of their own budgets to food
production and agricultural research. We
must encourage vocational education to train
farmers and agricultural technicians. We
must insist that private incentive replace
repressive taxation and regulation. We must
further urge freedom for private industry so
that agriculture will be a part of a balanced,
growing economy.
To this end, we should require all aid legis-
islation and executive action to fulfill the
following conditions already defined by the
House Agriculture Committee: "A proper
climate for private initiative and investment
should include, among other things, provi-
sion for maximum private ownership and
initiative in new and existing industry, non-
discriminatory treatment between the public
and private sectors, rates of taxation de-
signed to promote maximum utilization of
private investment capital, and adequate
protection of Industrial property rights."
Food for Freedom can be made to work,
and untold millions of people can be saved.
But this is possible only if we keep the
executive branch under constant pressure to
recommend such economic reforms forcefully
and to stand ready to cut off food aid to
those countries that ignore them.
TRAFFIC CONGESTION IN THE
WASHINGTON, D.C., METROPOLI-
TAN AREA
Mr. BREWSTER. Mr. President, the
Washington metropolitan area is en-
countering a growing problem of traffic
congestion. Anyone who drives to work
each morning and struggles to return
home every evening can appreciate the
difficulties of which I speak.
I was a cosponsor of the legislation
which authorized a basic rapid rail
transit system in the District of Colum-
bia. Final planning for this system is
now going forward on schedule.
Now as the Montgomery County Senti-
nel points out, the House and Senate
17767
must act to assure the orderly continu-
ation of this system.
As a cosponsor, together with my dis-
tinguished colleagues from Maryland
and Virginia, of legislation which would
create the Washington Metropolitan
Area Transit Authority I urge the Sen-
ate to act favorably on this measure dur-
ing this session of Congress.
I ask unanimous consent to place this
timely editorial in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
[From the Montgomery County Sentinel,
Aug. 4, 19661
TRAFFIC CHAOS
President Johnson on June 9 made the
following statement:
"In 1950, nearly three quarters of the
(Washington Metropolitan) area lived within
the boundaries of the District of Columbia.
By 1970, however, that situation will be al-
most totally reversed. At that time, there
will be an estimated 1,688,000 citizens living
in our Maryland and Virginia suburbs-67
percent of the area's swelling population.
Even today, this shifting population is cre-
ating massive traffic problems, with more
than L. million automobiles entering and
leaving our city every 24 hours. Even with
a full mass transit system-on a regional
basis-that figure is expected to double by
1985. Without such a system, a complete
breakdown in area transportation would be
only a matter of time. We simply cannot
allow that to happen. Our goal-the goal
of both the Congress and the Administra-
tion-must continue to be a regional sys-
tem of rapid rail transit."
The President made the statement in his
message to Congress asking approva' of the
Interstate Transit Compact which would
permit Maryland, Virginia and the District
to plan a regional rapid transit system
through the Washington Metropolitan Area
Transit Authority (WMATA).
Full compliance with the President's re-
quest is imperative on the part of Congress
if a nightmarish situation is to be avoided
here. Any delay on the part of Congress
will delay that much longer this critically
needed program. If suburbanites ever wrote
their Congressmen, now is the time to do
it. Traffic strangulation and chaos are ap-
proaching unless it is headed off-now.
Vi
VIETNAM
Mr. McGOVERN. Mr. President, the
July 22, 1966, issue of the London Daily
Telegraph carries a thoughtful article by
Mr. Frank Robertson entitled "Vietnam:
Optimism and Reality." Mr. Robertson
underscores a number of significant de-
velopments in the Vietnamese war in-
cluding the following observation:
There are now strong indications that the
Viet Cong and North Vietnamese are revert-
ing to phase one of their three-phase
scheme of operations, breaking up into
small units most of the time to wage guer-
rilla warfare.
Mr. Robertson points up the difficulty
of waging a successful military effort
against the Vietcong guerrillas at a time
when economic, political, and social fac-
tors in the struggle are so unstable and
uncertain. I ask unanimous consent
that this article be printed at this point
in the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
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17768 . CONGRESSIONAL RECORD -.SENATE
VIETNAM: OPTIMISM AND REALITY
(By Frank Robertson)
SAIGON.-America's mid-term elections in
November cast a curious shadow over the
war in Vietnam. For political purposes
President Johnson has generated a degree of
optimism over the war's progress that is far
from justified.
There are now strong indications that the
Viet Cong and North Vietnamese are revert-
ing to phase one of their three-phase scheme
of operations, breaking up into small units
most of the time to wage guerrilla warfare.
This applies particularly to the Viet Cong,
who know the country and its people so
much better than the Northern invaders.
It Is a pattern that must be particularly
disturbing to Gen. Westmoreland, the
American commander, massively equipped to
fight a more conventional war. Devastating
air power and the ability to air-lift three or
more battalions count for little unless large
bodies of the enemy can be found.
American air cavalrymen operating in the
central province of Phu Yen found very few
Viet Cong or Northerners after punishing
weeks combing twisting valleys and steep
hills. Yet it is believed that the enemy was
assembling a division in this region.
QUICK RESULTS
The same is true of another long-estab-
lished Viet Cong province, Phuoc Tay, north-
east of Saigon. Here the Australian task
force has turned up only a few score Viet
Cong after two months of rigorous effort in
swamplands and overgrown rubber planta-
tions drenched by heavy rain.
In recent weeks Washington has tempered
its public optimism. But American military
and civilian officials here remain under the
heaviest pressure to produce bright results
"immediately if not sooner," and inevit-
ably this has led to some misrepresentation
of the course of events, even to correspond-
ents on the scene.
It Is a blurred picture at best. The mili-
tary segment Is brightest, but this is a purely
relative assessment considering the apparent
change in Communist tactics.
The economy Is in a most precarious state.
Public dissatisfaction with the heavy increase
in the price of food In recent weeks is wide-
spread, and probably felt more keenly than
the need to struggle against fellow Viet-
namese said to be Communists.
This has a direct and disruptive bearing on
political stability, the necessary requisite for
success. Marshal Sy, the young Prime
Minister, has confounded doubters and
critics by remaining in power for over a year,
but Inflation can only strengthen the posi-
tion of the lay and religious politicians
working against him, and what is more dan-
gerous, increased public apathy.
There is no doubt that the American
troops, in particular, are doing well, but driv-
ing the enemy underground cannot produce
victory. The Communists have time on their
aide, a fact driven home by the statement of
President Ho Chi Minh that the Communists
will fight for 20 years if necessary.
Allied intelligence puts enemy strength at
157 battalions, each of from 300 to 500 men.
Of this number more than 60 battalions are
from the North.
Last October the North Vietnamese sent
thousands of engineers into Laos to improve
the road network leading to South Vietnam,
and for three or four months before the
south-west monsoon began in May 1,500
lorries were In use transporting troops and
supplies. It is believed that the infiltration
rate then reached a peak of 10,000 men a
month.
Now it is back around the 4,000 mark. No
doubt American raids on lines of communi-
cations in the North, and greatly increased
attacks on the road in Laos, have had some
effect, but bad weather is the principal factor.
In the northern provinces of South Viet-
nam 60 percent, of the enemy troops are
North Vietnamese. In the centre including
the highlands, they account for 65 percent, of
the so-called main force-that is,. excluding
militia. There are no Northerners in the
southern delta, and they make up on only
10 percent, of the forces in the provinces
around Saigon.
By no means all of these are regulars of
the calibre of the men who stormed Dien
Bien Phu. Many are conscripts, and a lot
are homesick lads of 15 or 16. For this rea-
son at least one American divisional com-
mander believes that seasoned 'Viet Cong
units are tougher opponents than the mixed
battalions from the North.
Morale certainly is lower among the North-
ern conscripts, as the rising number of pris-
oners testifies. There is a great deal of sick-
ness, wounded are not repatriated and there
is no system of rotation, which has led to
the bitter statement found in not a few
diaries: "born in the North to die in the
South."
It is estimated that supplies, including
food, fall 50 per cent short of requirements.
This situation can only become worse as the
southwest rains increase.
TACTICAL SLOGAN
Obviously the enemy badly needs a vic-
tory to boost morale, preferably against the
Americans. Where he will try for this is a
matter of conjecture.
The main areas of Communist concentra-
tion are north of Hub, the central highlands,
the two central coastal provinces of Quang
Nga:i and Binh Dinh, and the province of
Phu Yen, which long has been dominated
by the Viet Cong, and is a principal source
of rice. It is estimated that the enemy con-
trol at least 70 per cent of the nation's rice
production.
The Viet Cong and North Vietnamese have
a tactical slogan known as "four quick and
one slow." The slow step involves careful
intelligence work and sophisticated plan-
ning, stockpiling of ammunition, food and
medicine, and meticulous rehearsal.
This is followed by a rapid advance and
assault, fast clearing of the battlefield and,
if necessary, quick withdrawal. Gen. West-
moreland's strategy is to search out and
strike the enemy during the slow period of
preparation, thus keeping him off balance,
and this appears to be working.
But It is a long slow process, at which
the allies work continuously. The American
101st Brigade, for example, has spent only
four weeks in base camp since it arrived one
year ago. Optimists who predict an end to
the war in six months overlook the fact that
only 2.4 per cent of the territory that the
Communists held a year ago has been re-
gained and secured.
Nor do the optimists consider the .awfully
high civilian casualty rate, possibly because
it is not discussed either in Washington or
Saigon. In the Da Nang area, for example,
the American Marines have killed 2,000 Viet
Cong and North Vietnamese since they ar-
rived more than a year ago.
During that time the provincial hospital
in Da Nang has treated almost 10,000 civilian
battle casualties (many of them wounded by
Viet Cong mines). The Vietnamese are an
astonishingly stoic people, but this casualty
rate, coupled with war weariness, certainly
does not stiffen the will to fight.
At a time when the allies are said to be
winning the war, depressed morale has caused
increased desertion from South Vietnam's
Regular Army. More Government troops are
slipping away from their units now than ever
before, despite recent pay increases.
VARYING QUALITY
But here again the picture is not sharply
defined. During the first six months of 1966
9,500 Viet Cong soldiers came aver to the
Government, against 4,000 for the same pe-
riod of 1965.
The performance of Government forces is
August 8, 1966
uneven. Some battalions are very good in-
deed, while others are at the other end of
the scale.
They have Increased their strength by 30
battalions in the past year, and for what it's
worth they have carried out 3,300 operations
involving at least one battalion so far this
year. But again, the fact that large numbers
of the officers and men of the First Division
sided with the Buddhists in Hud during the
anti-Government demonstrations cannot be
overlooked.
The Australians are breaking in two new
battalions, which include a fairly high per-
centage of National Servicemen, and al-
though they have been on several operations,
they have not really begun to function ef-
fectively. Obviously they will be pressed to
live up to the reputation established by the
professional battalion they replaced.
The South Koreans, after a painful first
few months adjusting to guerrilla tactics
(their war had been fought largely from
trenches), have become an efficient fighting
force, soon to be augmented by a Second
Division. Their civic action programme is
one of the best in the country.
In purely military terms it Is fair to say
that the allies are winning whenever and
wherever they find the enemy. Gen. West-
moreland accurately assessed the present
position when he said: "If the military
aspects of the war could be separated from
the political, social and economic-and they
can't-we've come a long way in a year."
On present evidence final victory, if it is
possible at all, will take many more years.
DOVES VERSUS HAWKS CLARIFIED
Mr. McGOVERN. Mr. President, with
all the controversy among doves and
hawks these days, I am confident that
Members of the Senate will enjoy a pass-
ing note by a distinguished ornithologist
about the subject.
I ask unanimous consent that an ex-
cerpt from the Washington Post of Au-
gust 8, 1966, be printed at this point in
my remarks.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
DOVES VERSUS HAWKS CLARIFIED
Dr. S. Dillon Ripley, secretary of the Smith-
sonian Institution and a man who knows
his birds, says doves are more bloodthristy
than hawks.
True hawks, the noted ornithologist said
recently, are sensible, full of wisdom and not
ferocious. He added that studies of animal
behavior show doves to be cruel and in-
sensate and far more bloodthirsty.
But it is not expected that this latest au-
thoritative contribution to the hawk-dove
debate on Vietnam will change any congres-
sional opinions-or labels.
TRIBUTE TO CLAUDE L. CALLE-
GARY, COMMANDER OF THE DIS-
ABLED AMERICAN VETERANS
Mr. BREWSTER. Mr. President of all
the groups in this country who deserve
our thanks and our attention, perhaps
the Disabled American Veterans rank at
the top of the list. These men have
made a sacrifice for their country-each
of them has suffered an injury for his
country. Many have lost arms or legs.
The retiring commander of the Dis-
abled American Veterans is a Balti-
morean, an outstanding attorney and
citizen, and a good friend of mine. He
is Claude L. Callegary, and he has done
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August 8, 1966 CONGRESSIONAL RECORD -HOUSE
lion; physically and mentally unfit-2 mil-
lion.) a
Total men and women available for a com-
pulsory service corps: 14 million.
If each individual in this eight-year (18-26)
age span serves for two years, then one-
fourth of the 14-million group--4.e., 3.5-
million-would be in service at any one time.
What would a 3.5-million-strong national
service corps cost? Adopting arbitrarily a
modest figure of $3,500 per capita to cover
training, equipment, maintenance and a
token salary, the annual bill would be around
$12-billion--exclusive of the undoubtedly
heavy cost of tooling up. This is hardly a
sum the Congress or the taxpayers are likely
to approve at the present time-after all,
only $1.5-billion annually has been allocated
to the entire Poverty Program.
Apart from Its cost, a compulsory program
of the size we have projeced is up against
the fact that we do not have an adequate
plan as yet for using the 3.5-million workers
it would provide. And I can think of no
surer way to foredoom a potentially admir-
able effort than to launch it without careful
advance planning. Furthermore, after dis-
cussions with young people, educators and
thoughtful public officials, I have concluded
that- there is an essential conflict between
the concepts of conscription and humani-
tarian service.
I therefore believe that the answer, at least
for the present, is a small voluntary national
service corps, including both men and women.
The response of Americans to well-planned
voluntary programs has always been impres-
sive. The men's and women's Job Corps, for
example, have had to turn down, for budget
reasons, nine out of every ten applicants.
(There are fewer than 30,000 in the Job Corps
today. Well over 500,000 persons-most from
deprived backgrounds-have applied to
date.) The dedicated service given by vol-
unteers in Operation Headstart and other
Poverty Program projects is a measure of
a huge untapped reservoir of idealism among
Americans. Judging by the figures on the
18-26 age group already given, I believe that
it would be possible to mobilize at least two
million young people in a service corps on
a purely voluntary basis.
But a corps of two million is still too large
for the moment. We are not yet tooled for
it. I propose, instead, that Congress create
a National Service Agency authorized to mo-
bilize 500,000 civilian volunteers, selected
initially on the basis of their dedication to
and aptitude for the corps' varied missions.
The cost would be in the neighborhood of
$1.7-billion annually. This, theoretically, is
how the corps would be set up:
Upon signing in, all volunteers would go
to basic-training centers operated by the
Army, which would perform the function it
did for the C.C.C. The Army also would
be requested to operate a classification sys-
tem designed to match interests, skills and
national needs.
Thereafter, volunteers vZould be dispersed
to newly established service centers around
the country for training and duty. Some
would work In conservation camps admin-
istered jointly by the Army and by the De-
partments of Interior and Agriculture, in
the C.C.C. pattern. Many would be assigned
to public and private institutions to work as
nurse-teacher-librarian aides; mental-health
assistants; or in recreation and urban-im-
prOvement programs. The National Service
Agency would be responsible for setting
"~rhese" figures presuppose an eventual re-
duction in military forces from the present
3 million; deferments but not exemptions for
students; and fewer exemptions for unfit-
ness, since national-service qualification re-
quirements would be lower than those of the
armed forces.
No. 129-6 '
standards and maintaining a continuous
check on the performance of volunteers and
the agencies authorized to supervise them.
(Experimentally, I think it would be use-
ful to make such voluntary service an alter-
nate to military duty for the men. It seems
to me unlikely that the armed forces would
be shortchanged if this choice were offered.
For only a minute proportion of the civilian
corps could be accommodated in such "glam-
our" agencies as the Peace Corps. The vast
majority would face assignment to rugged
labor on conservation projects or to the rela-
tively drab tasks cited above.)
Even before establishing a National Service
Agency and embarking on this modest pilot
program, however, we should take these
steps:
(1) Enlarge the Peace Corps and VISTA
and the Teachers' Corps to at least double
their present size. This is an effort in which
the colleges will have to help, as several are
already doing.
(2) Increase the Job Corps tenfold-to an
estimated 400,000. To do this will require a
major shift in emphasis-stressing service
to human beings and the career opportuni-
ties in welfare fields, rather than routine
vocational training. This will also require
a more democratic mix in Job Corps enroll-
ment, with the better-educated volunteers
spending at least part of their time as teach-
ers of their less-well-equipped colleagues-
as is done in Israel. The Job Corps, in effect,
should be converted from a rehabilitation
program for the poor into an opportunity for
democratic service for all. The reconstituted
Job Corps-and possibly also the Peace
Corps, VISTA and the Teachers' Corps-
would be absorbed by the National Service
Agency when established. If, as is quite
likely, there remains a need for a program
of remedial education and vocational train-
ing, along the lines of the present Job Corps,
it should be set up under educational aus-
pices apart from the service program.
(3) Compile a national inventory of
worthwhile conservation and urban-rehabili-
tation projects and of the urgent manpower
and womanpower needs of institutions,
schools and social agencies across the coun-
try. Supplement this listing with a cata-
logue of the new services desperately needed
by the nation's old people, children, harassed
working mothers and the footloose adoles-
cents. Such a compilation is by no means
beyond the capacity of the nation's social
scientists and computers.
By thus translating the nation's human
needs into perceivable form, I believe we
would dramatize the fact that we do have
more than five million unfilled jobs. And
we would begin to see a national service
corps, not merely as an "alternative to the
draft" or as a corrective to the draft's "in-
equities," but as a tool for alleviating the
anguish of neglected patients in our hos-
pitals and mental institutions, the misery of
lonely old people, the plight of neglected
children and the decay of our neglected land
and cities-the medieval blights in our af-
fluent society.
WOMANPOWES
It has been fashionable in recent years to
deplore the waste of "a great national re-
source-womanpower." Chief objects of
concern have been the college-educated wom-
en who marry too young and languish in sub-
urban domesticity. A tour of duty in a
national service program might awaken
members of this group to the realities of the
society in which they live and attract them
in increasing numbers to those classic
"woman's vocations" which are now so woe-
fully shorthanded-notably nursing, teach-
ing and social work.
However, no more than 10 per cent of the
1.5 to 2 million girls who will reach the age
17689
of 18 annually in the next decade will be-
come college graduates. Over 200,000 of the
total group will be "nonwhite" and a high
proportion of these predictably will come
from impoverished; disorganized homes.
Little has been done to date to develop the
potential of girls who drop out or just make
it through high school. The Job Corps, for
example, has found room for less than a
tenth as many girls as boys.
A national service program could open
up vast vocational opportunities for this
neglected group. Among many needed func-
tions, they could help ease the lot of Amer-
ican working mothers. According to the
latest Women's Bureau survey, there are 3.8
million children under 6 in this country
whose mothers are away from home work-
ing full time. But in the entire United
States there are accommodations for fewer
than 300,000 children in licensed public and
private day-care facilities.
This shocking gap in our social services
will be closed only if we mobilize-on all
levels-the womanpower which Is indeed
now wasted. Since not only child care, but
a high proportion of the other tasks of the
service corps can best be done}by women, at
least half of the enrollrreiJt should be
women.-M.K.S. -1/1
FORTHCOMING ELECTION IN VIET-
NAM WILL BE AN IMPORTANT
EVENT -
(Mr. TODD asked and was given per-
mission to address the House for 1 min-
ute, to revise and extend his remarks,
and to include extraneous matter.)
Mr. TODD. Mr. Speaker, last Thurs-
day, I suggested to this Chamber that
the forthcoming election in Vietnam
would be an important event, regardless
of the outcome: Important if not rigged
and honest, as the basis of a viable and
independent government; important if
rigged and dishonest, as a way of discred-
iting whatever Vietnamese regime fol-
lows them as well as ourselves; important
whether honest or not and whether care-
fully evaluated or not, as a source of un-
certainty and controversy about their
meaning and our own credibility.
Whether we like it or not, and whether
the administration likes It or not, the
statements about the honesty of the elec-
tions neither by the Government of South
Vietnam nor by our own State Depart-
ment will be taken seriously. They
should not be. Both sources are inter-
ested parties.
If events progress at their apparently
appointed pace, the elections will be held.
Nobody will believe they were representa-
tive. They will be the source of endless
argument and confusion. And it would
be better if they had never occurred. We
will have lost an opportunity at least
as great as a major military victory. In
fact, if we continue to refuse to consider
seriously the great importance of the
election's credibility, we will be heading,
willy-nilly, Into a setback as great as
a major military defeat.
Why are we doing this? Are we smug?
Are we preoccupied with military ac-
tions? Do we hope clever propaganda
can overcome lack of substance? Have
we neither an answer nor a set of alter-
natives?
I suggested one last week-perhaps
the wrong one, but at least a sugges-
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tion-when I pointed out that the in- who would almost certainly doom the entire
ternational press corps could be freed slate to defeat.
to assess the election and asked to pre- If there are four slates composed of five
pare an evaluation of all its aspects. men each contesting a five-seat constituency,
and the front-running slate gets 60 per cent
Other suggestions, such as the Interna-
tional Control Commission and the U.N. of the vote, the top three names on that slate
are elected. The remaining two seats go to
are said, unofficially, to be unworkable. the top men on the next most popular slate.
Perhaps this suggestion is also. But we or slates, depending on the vote.
must have some answer other than the It appears to be an exercise in higher
word of Premier Ky and the State De- Vietnamese mathematics, but what the pro-
partment, and I exhort them to act now cedure does, in effect, is place a premium on
rather than to remain silent so they can being the top man on the slate.
give the word later. Already there are charges, unsubstanti-
This point has been grasped by the for- aced by prooh but wihtly believed, that
mer Vice President, Mr. Nixon, who re- certain slates by promising the top place -
yromising to pay the cam
cently visited Vietnam and came away paign expenses of their slatemates.
with two conclusions: First, the solution Anyone can get together a slate (there are
to the conflict must be political as well 248 of them nationwide in the September
as military; and second we must have election; 133 candidates are run i
August 8, 1966
the interviews are any indication, the men
who face the electorate will talk about the
constitution, the value of legitimate govern-
ment, the high cost of living, the price of
rice.
One moderate, very highly respected can-
didate who was said to be almost certainly a
winner, declared when he was asked about
the war that "Vietnam wants to negotiate
with the North."
Would he say that on the election plat-
form?
"No." _
Why not?
His translated answer was that "every can-
didate has the right to express his views on
the right things only-not on everything."
It was not now "convenient" to speak of ne-
gotiation with the North.
the patience and determination to secure single tickets in districts where only one WHILE ROME BURNS
such a solution, delegate will be elected), and the theory was I hope the State Department and that the most popular and highly respected (Mr. WHITTEN asked and was given
Premier Ky the
would head the slate, permission to address the House for 1
not respond to m sug-
and to revise and extend his re-
gestions by asserting that we should be- Some
promoten harmony contend
among that
c cthe slates andidates, marks.)
lieve whatever they say about the elec- but others are not so sure. The political rule Mr. WHITTEN. Mr. Speaker, the
tions. I know I will not. I know some of thumb in Vietnam is that if you have August 8, 1966, issue of the U.S. News &
others have grave doubts already. I fear two men on a streetcorner you have two World Report carries an article "Can
these doubts will turn out to be merely twoparties a, aIf you three, you have Riots Be Stopped?" The article lists
the dew before the deluge. Wherever one talked, there was a rippling every section and many cities of the'
To illustrate this, I ask permission to undercurrent of suspicion of government United States where mobs have de-
insert a news story from the Washington intentions. Nowhere was there proof of stroyed life and property. The answer,
Post of August 5, 1966: fraud, but everywhere there were doubts Mr. Speaker, is that like any other prob-
SAIGON
ELECTION STIRS SKEPTICISM-PUBLIC "Up to now," said an earnest Vietnamese lem we must determine and then correct
INDIFFERENT politician, "there have been only rumors, but the cause.
(By Ward Just) no evidence." Law enforcement is the responsibility
Feeding the rumors are the Buddhist mill- of and is dependent upon local govern-
SAIGON, August 4.-The election of an as- tants, with leaflets and handbills and gossip.
sembly to write a constitution for South Viet- The Vietnamese, according to Phan Khae merit, the city, and'its police; the coun-
nam is barely five weeks away, and profes- Suu, the former chief of state in the Huong ty and its sheriff; and in emergency, the
atonal politicians here are skeptical and the and Quat civilian governments, have been State and its militia. Under present
public largely indifferent. "victimized" so long by their leaders-Presi- conditions none of the officers of either
Suspicion of the election results runs so dent Ngo Dinh Diem's rubber-stamp con- of these governmental units can fully
deep that one prominent politician estimates greases, for example-that it is easy for the perform their functions of law enforce-
that in Saigon as much as one third of the Buddhists to subvert confidence, which Suu
electorate may stay away from the polls or says they are doing with great skill , meet because the Supreme Court with
deliberately spoil ballots. Suu's view of a deeply suspicious electorate other Federal courts following has set up
These views emerged from interviews with egged on by Buddhist propaganda is prob- rules which frequently make it impossi-
candidates, journalists and qualified observ- ably the majority view here, although some ble for the police and local officers to
ers of politics in Saigon and the neighboring would differ. protect the public. The Federal court
province of Giadinh, which together will One who does is Dr. Dan. He argues that have been and are supported in this des
-
elect 26 of the 117 delegates to the assembly. while the electorate may be suspicious and structive course by the Attorney General
The interviews were restricted to Vietnamese. indifferent., the Vien Hoa Dao (the Buddhist and the Executive Department of Gov-
Nearly all those interviewed agreed that topic .Institute) does not even represent a majority . We can stop rioting but to do
A in Saigon today is the economy, specifically of Buddhists, much less a majority of Viet- ernmerit
the Inflation which followed the June de- namese (a point with which most independ- so we will have to stop courts from inuz-
valuation of the piastre. The public is large- ent observers would agree). In the end, Dr. zling our law enforcement officers by new
ly Indifferent to the election (the formal cam- Dan says, most Vietnamese will go to the court-fixed rules governing procedures
paign period does not begin until Aug. 26), polls. of local officers and admissibility of evi-
and that indifference is reinforced by what The trouble is confidence, or the lack of it. dente. To this end we need the help of
one observer called traditional suspicions A young government civil servant, who a responsible press, radio, and televi-
and sniping from the sidelines by Buddhist demonstrated in Hue against U.S. support of
militants who have vowed to boycott the Prime Minister Ky and for civilian rule under years, been hard frequently been h t t ell past few
balloting. elections, now says the constituent assembly yea,it to tell where hon-
Among politicians, there is bitterness over elections are wrong. Why? "Not suitable," est news reporting ended and news pro-
Amendment 20 to the electoral law, the he says vaguely. "They will solve nothing." motion, almost to the point of inciting a
provision that allows the government to What the Vietnamese expect to emerge riot, began.
amend ithe constitution after it has been from the election is elusive. The politicians, Last week, I discussed this problem in
written, and requires a two-thirds majority after paging homage to doubt and suspicion,
of the constituent assembly to overrule it. appear to be anxious to test the levers of some des, it o-called Ci With hts Act
"This. is the rule of the minority in an power, even under a government which would before uS the so-called Civil Rights Act
assembly elected to write a constitution," probably (under Amendment 20) hold a veto, of 1966, excerpts from which I present
says Dr. Phan Quang Dan, the highly re- Prognostications differ widely. here:
spected former government minister who Dr. Dan Van Sung, the editor and pub- CRIME INCREASES
heads an electoral slate in Giadinh. "It lisher of the Saigon daily Chinh Luan and no Mr. Chairman, like many of my colleagues,
exists nowhere else in the world." friend of the Ky regime, who Is a candidate I served as district attorney. I know a ma-
Somewhat less controversial is the provi- for the assembly, predicts that as many as jority of the Congress have had experience
sion, said to be unprecedented in Vietnamese 80 of the 1.17 delegates will be supporters of in the courtroom. If any Members do not
politics, that candidates run on a slate in the government. But he also says the mi- believe it takes a man of a little more than
constituencies where more than one dele- narity will be vigorous, and places as his aim average courage to bring in a conviction and
gate is to be elected, the creation of a legal opposition. send a fellow man to jail or to the pent-
The intricate, complicated device of a Former Chief of State Suu, an old Viet- tentiary, or to punish him, those Members
slate was intended, by one account, to pre- rramese political pro, says flatly: "If a can- have not had experience in the courtroom.
vent Communists or neutralists from run- didate in this election supports the govern- All recognize that throughout the United
ping for the assembly, An authentic nation- ment, surely he will be defeated." States today, it is
alist, the argument went, would think twice At least getting , and ave th and tbefore including on his Slate a Communist around the pogagram programs of the the problem candidate. If revolves to
stand. convict The criminals, certainty y of have the punishment iconviction
p nt is be-
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