« ПретходнаНастави »
On page 38, line 18, before the word government of Czechoslovakia for dent for such action. That settlement "by” insert “(2)".
which no recompense has yet been of- was ratified by the Senate on August 9, Mr. DOMINICK. Mr. President, I re- fered. Those claims have been adjudi- 1950, and since the settlement amounted peat that this amendment is identical in cated, found valid, and awarded by the to 90 percent, it seems to me a fairly type to my amendment with respect to Foreign Claims Settlement Commission good precedent to follow. A settlement the Development Loan Fund, so I do not They amount to more than $113 million, of less than 10 percent of the awarded think I need to repeat my previous state- representing 2,630 cases. Some, 1,346 claims is not, it seems to me, by any ments in regard to the need for congres- claims were rejected by the Commission, stretch of the imagination, the mere exesional authorization and supervision over but 2,630 were found to be valid, and they cution of a policy laid down by Congress. such a revolving fund. totaled $113 million.
A U.S. agreement on less than 10 perIf the Senator from Arkansas is willing It is my understanding that there is an cent compensation is surely not what to accept the amendment, the debate on agreement in process to settle these Congress intended when it established it can be cut short.
claims for approximately $1012 or $11 the Foreign Claims Settlement CommisMr. FULBRIGHT. Mr. President, I million, which would be less than 10 cents sion, which was charged to determine accept this amendment to the committee on the dollar.
“the fair or approved value of the said amendment.
There have been a number of similar property right or interest." The PRESIDING OFFICER. The situations. Since World War II the This has now taken place after many question is on agreeing to amendment United States has negotiated claims con- years of hearings. Therefore, I strongly No. 314, submitted by the Senator from ventions with six different nations. The believe that the Senate should request Colorado [Mr. DOMINICK), to the com- first was with Italy, in 1947, and was for formally, by resolution, that the agreemittee amendment in the nature of a 100 percent of the value of the U.S. ment with the Czechoslovaks, now under substitute, as amended.
claims. The second was with Yugoslavia, consideration, not go into effect until the The amendment (No. 314) to the com- in 1948, for 91 percent of the value of Senate has offered its advice and conmittee amendment, as amended, was U.S. claims. The third, in 1950, was sent. agreed to.
with Panama, for 90 percent. The But I repeat, this would not stop the The PRESIDING OFFICER (Mr. KEN- fourth, in 1960, was with Rumania, and agreement. It would say that the SenNEDY in the chair). The committee was for 24 percent. The fifth was with ate should have some voice in it, as the amendment in the nature of a substi- Poland, for claims that have not yet been Senate did in the case of the Panamatute, as amended, is open to further completely processed, so it is impossible nian settlement. amendment.
to know what will happen in that case. I ask unanimous consent to include Mr. McGOVERN. Mr. President, I The most recent country involved in at this point in my remarks a further suggest the absence of a quorum.
the claims process is Bulgaria, and the statement on this issue. The PRESIDING OFFICER. The settlement was for 40 percent.
There being no objection, the stateclerk will call the roll.
It is rather ironic that the two free ment was ordered to be printed in the The legislative clerk proceeded to call world countries paid 100 percent and 90 RECORD, as follows: the roll.
percent, respectively, of the
the claims SENATE REVIEW OF CZECHOSLOVAKIAN CLAIMS Mr. FULBRIGHT. Mr. President, I against them, while the Communist na- In general, the Constitution prescribes ask unanimous consent that the order for tions are succeeding in paying a much that treaties of the United States shall be the quorum call be rescinded.
smaller share. It seems to me particu- made by the President by and with the adThe PRESIDING OFFICER. Without larly disturbing that the number of vice and consent of the Senate, "provided objection, it is so ordered. awards on the Czech claims, 2,630, is
two-thirds of the Senators present concur.” Mr. KEATING. Mr. President, I call larger than the number for any other
It has been the practice of the executive up my amendment No. 247, and ask that country.
branch to contract with foreign states in
relation to a variety of matters through the it be stated.
I have a list of claimants. There are a
medium of so-called executive agreements The PRESIDING OFFICER. The few large claimants.
few large claimants. There are many on which Senate ratification has not been amendment of the Senator from New small claimants—people with small busi- sought. The Constitution does not contain York will be stated.
nesses which were taken in Czechoslo- any definition of a treaty and makes no The LEGISLATIVE CLERK. At the end of vakia. Claims were made and have been statement declaring under what circumthe bill it is proposed to add the follow- adjudicated to be valid. Now those
stances an arrangement purporting to bind
the United States must be handled as a ing: claimants are asked to take 10 cents on
treaty. Nevertheless, authoritative comPART V-MISCELLANEOUS the dollar. I have the names and ad
mentators have concluded that the alternaSec. 501. It is the sense of the Congress dresses of the claimants in the various tive technique of the executive agreement that any agreement hereafter entered into States, representing the 2,630 claims, and cannot be employed to frustrate the constibetween the Government of the United I have received some pitiful letters from tutional requirement of Senate ratification States and the Government of Czechoslosome of them.
in appropriate cases: “The declaration that vakia relating to the settlement of claims,
I ask Senators to put themselves in
the President 'shall have power by and with determined by the Foreign Claims Settle
the advice and consent of the Senate, to ment Commission, by nationals of the the position of a U.S. citizen who owned
make treaties, provided two-thirds of the United States against the Government of a little tobacco store, let us say, in
Senators present concur,' sustains the conCzechoslovakia for losses resulting from na
Czechoslovakia, and had it nationalized. clusion that it was not to be rendered abortionalization or other taking of property of After hiring a lawyer and going through tive by recourse to a different procedure for such nationals, shall be submitted to the the Claims Settlement Commission, it
the use of which no provision was made, Senate for its advice and consent. was adjudicated that he was entitled to
and that there were to be found tests of im
proper evasion in the character of what was Mr. KEATING. Mr. President, the $3,000 for the property that had been
sought to be achieved despite the absence purpose of the amendment is to assure taken away from him. Now he is being
of a specific textual prohibition. Otherthat the Senate will be given an oppor- asked to take less than $300 for his claim.
wise, the scheme for the cooperative action tunity to review any agreement which That is a tough proposition.
of the President and the Senate would have is reached between the U.S. Government All the amendment would do would be been a relatively valueless injunction, and and the Government of Czechoslovakia to say that it is the sense of Congress the solitary constitutional guide for con
tracting would have been of slight worth." with regard to U.S. claims against that that any agreement between the two
It is necessary to turn to precedents in exGovernment before the agreement goes governments should be submitted to the
ecutive branch-congressional relations and to into effect. The claims involved are Senate for its advice and consent.
the policy considerations in the particular claims for property rights or interest There may be some special, unusual case at issue to determine when Senate ratiowned by U.S. citizens taken or natu- situation which justifies a settlement of fication of a foreign agreement is called for ralized on or prior to January 1, 1945, less than 10 cents on the dollar in this since there is no governing case law. For by the Government of Czechoslovakia. one case. If so, let us hear what the
any claims settlement with Czechoslavakia
of the unpaid claims adjudicated by the It should be made clear that those claims reasons are. Let the Senate have a voice
Foreign Claims Settlement Commission, both are not for war damage or injury of in the matter.
the precedents and the applicable policy that type. They are compensation for That is what was done in the Pana- considerations indicate Senate ratification deliberate seizure by the Communist manian settlement, so there is a prece- should be sought.
It has been accepted that the executive claims and forego over $100 million in ap- (1942). The Pink case litigated the effect branch can, without Senate ratification, en- proved claims.
of the 1933 executive agreement known as ter into lump-sum claims settlement agree- During 1953 and early 1954 the Senate, in the Litvinov assignment. In this agreements to be administered pursuant to the considering the Bricker amendment (S.J. Res. ment the Government of the U.S.S.R. reInternational Claims Settlement Act of 1949, 1, 83d Cong. 2d sess., 1954), gave considerable leased and assigned to the U.S. Government as amended. The United States-Polish attention to the problem of when executive all amounts due the Soviet Government Claims Settlement Agreement of 1960 is an agreements should have Senate ratification from American nationals in preparation to illustration. Where, however, the claims as treaties. In 1953 during the hearings of a final settlement of the outstanding claims agreement provides that a claim against the the Senate Judiciary Committee on the and counterclaims between the United United States is to be offset against the Bricker amendment, Secretary of State John States and the U.S.S.R. In the Pink case claims of U.S. nationals against the foreign Foster Dulles made a commitment to con- the Supreme Court held that, regardless of government, Senate ratification has been sult with "appropriate congressional leaders the legal status under New York law of the obtained. The 1950 claims agreement with and committees” to determine the most suit- assets of a former Russian insurance comPanama, administered pursuant to the In- able way of handling international agree- pany, the U.S. Government, by virtue of ternational Claims Settlement Act of 1949, ments when there was any serious question the Litvinov assignment, took title to these was such an agreement and was submitted as to Senate ratification:
assets which had been nationalized by the as a treaty for Senate ratification. In the “It has long been recognized that difficul- U.S.S.R. Senator George felt that the execuPanama agreement, a $53,800 Panamanian ties exist in the determination as to which tive branch should have treated the Litvinov claim against the United States was offset international agreements should be sub- assignment as a treaty requiring Senate against $403,156 in claims of U.S. nationals, mitted to the Senate as treaties, which ones ratification since it dealt with property and resulting in a net Panamanian payment of should be submitted to both Houses of the claims to property in the United States. (It $349,356. In a Czech claims settlement Congress, and which ones do not require any might be pointed out that the Czech claims agreement, the Czech claim against the congressional approval.
program, by virtue of title IV of the InterUnited States for the taking of the steel mill "Differences of opinion resulting from these national claims Settlement Act, gives the will be offset against the amount to be paid difficulties have given rise in the past to dis- American claims against Czechoslovakia the by Czechoslovakia on the claims of U.S. na- putes between the executive branch and the status of claims against property located tionals. A Czech claims agreement should, Congress concerning the handling of inter- within the United States since the proceeds therefore, be handled as the Panamanian national agreements. It must be recognized of the Czechoslovakian steel mill sale have claims agreement was, as a treaty with Sen- that it would be extremely difficult, if not been allocated by Congress for this purpose.) ate ratification.
impossible, to fit all agreements into set Senator George's amendment, made into In a sense, however, since Congress has al- categories. At times there may be disagree- a substitute for the Bricker amendment, was ready incorporated the first stage of Czecho- ment as to the manner in which agreements agreed upon by a vote of 61 to 30 in the slovakian claims settlement in legislation, are to be dealt with. While recognizing this, Senate. these claims cannot be compared to other the executive branch cannot surrender the claims settlement precedents. The 1958 freedom of action which is necessary for its
Mr. FULBRIGHT. Mr.
Mr. President, amendments to the International Claims operations in the foreign affairs field. In with regard to the amendment, the inSettlement Act which led to the Foreign the interest of orderly procedure, however, stances which the Senator from New Claims Settlement Commission adjudication . I feel that the Congress is entitled to know York has cited were with regard to settleof U.S. claims against Czechoslovakia made the considerations that enter into the deterprovision for a claims settlement agreement minations as to which procedures are sought ment of claims made in pursuance
a if such an agreement were executed within the following year and delayed adjudications any serious question of this nature and the
The Congress gave the executive for that period. Since no such agreement circumstances permit, the executive branch branch authority to conclude these was arrived at, there is a strong implication will consult with appropriate congressional claims settlements when it enacted the that the subsequent adjudications of the For- leaders and committees in determining the International Claims Settlement Act of eign Claims Settlement Commission were not most suitable way of handling international 1949. Section 4(a) of that act provides to be virtually nullified by a later claims agreements as they arise.”
that the Foreign Claims Settlement Comagreement executed without any reference to This assurance did not head off prolonged mission shall have jurisdiction to receive the Congress. This is particularly so now debate on the need for Senate ratification of that the actual adjudications have shown executive agreements having any significant and adjudicate claims of U.S. citizens that the steel mill sales proceeds were grossly internal effect in the United States. Sena
"included within the terms of any claims inadequate to meet claims that totaled $113,- tor George, of Georgia, proposed an amend- agreement hereafter concluded between 600,000 rather than the $25 to $45 million an- ment to the Bricker amendment, the essence the Government of the United States ticipated by the executive branch. There is of which was the requirement that "an inter- and a foreign government providing a provision in the Czechoslovakian claims national agreement other than a treaty shall for the settlement and discharge of legislation stating that subject to the pro- become effective as internal law in the United
claims of the Government of the United visions of any claims agreement hereafter States only by an act of the Congress.” Durconcluded between Czechslovakia and the
States and of nationals of the United ing debate on his amendment, Senator United States, payments from the steel mill George commented (CONGRESSIONAL RECORD, States against a foreign government, proceeds shall not be deemed to extinguish vol. 100, pt. 1, p. 1401):
arising out of the nationalization or other any claim not paid the full amount of the "I am saying to the Senator from Missouri taking of property, by the agreement of Commission award. This, of course, does not that if nothing is to be done in the field of the Government of the United States to state either way how such a future claims executive agreements, which have multiplied accept from that government a sum in agreement should be handled.
out of all real proportion to the treatymak- en bloc settlement thereof.” It stands to reason, however, that having ing power of the President as exercised unprovided for a 4-year Federal Czech claims der the Constitution itself, we may as well
The only exception to this procedure adjudication program, Congress did not have close up shop.”
that I can find and there may be others, in mind that the executive branch could Senator George later pointed out that, if but not in recent years—was in the case subsequently settle these claims for less than the executive branch would submit the of Panama. In that settlement there 10 cents on the dollar without having to executive agreements he was concerned about was involved a liability of the United explain to the Congress why no better set- for Senate ratification, he would not be States to Panama. Because there was tlement was possible. concerned about the need for further con
an adjustment of liability on each side, As a policy matter, there is no reason why gressional action:
a convention was arrived at. Senate ratification should not be required "That is why I mean to say that the Presiand every consideration in favor of it. There dent should submit, as a treaty, to the Sen
To illustrate through means of the can hardly be a need for speedy action since ate every executive agreement having the Claims Convention between the United the Czechs have dragged their feet on the effect of internal law. He should submit it States and Panama, it involved the U.S. matter for almost 15 years. There is no
to the Senate. If the Senate by two-thirds liability of $53,800 as against a Panaproblem of settling claims in order to work vote approved the treaty, then I would have
manian liability of $403,156; and under out recognition of the Czech Government no doubt at all that it would become a
the terms of that convention the United (the justification cited in tthe Belmont and coexistensive part of the law of the United Pink cases for handling the 1933 claims setStates.
States received a net balance of $349,356. tlement with Russia by executive agree- "That is where we are now, so far as
The Senator from New York made ment). On the other hand, it is important treaties are concerned. I am only concerned reference to Yugoslavia in 1948, to that the Congress, the claimants and those with executive amendments which never Poland in 1960, and to the Lombardo Americans proposing to do business with have been acted on by the Senate.”
Agreement with Italy. Those settleCzechoslovakia know the full considerations Senator George, in his discussion of execu
ments were made in pursuance of legisbehind any claims settlement with that tive agreements, expressed the most concern country. In effect, the claimants are being about the effect of the Supreme Court deci- lation, which has been the accepted called to sacrifice over 90 percent of their sion in the case of U.S. v. Pink, 315 U.S. 203 principle. I do not know of any good
reason why we should reject this estab- I appreciate the fairness and frank- distinct items apart from foreign assistlished principle for the settlement of ness of the distinguished Senator from ance. They should not be included claims with Czechoslovakia.
Arkansas in saying he would take the within what we call the foreign aid proThis amendment was not offered in amendment to conference. The words gram as contemplated in the Foreign Aid committee, and the committee has not “take it to conference” sometimes have Act. As far as I am concerned, they had an opportunity to study it or have had a rather sinister connotation to some should not be used as disciplinary measthe advice of those in the Government of us.
ures to be applied to countries with who are directly concerned.
Mr. FULBRIGHT. Not always. Some- which we may have some disagreement. I do not believe it is necessary or good times the situation is due to lack of in- They ought to be looked upon as peoplepractice.
formation; we do not have strong feel- to-people programs, and as programs I would be prepared, if the Senator ings about the matters involved.
which lend themselves to human betterfeels strongly about it, to take the Mr. KEATING. I understand. As ment and better understanding of naamendment to conference, which would the Senator has said, this matter was tions' cultures. give us an opportunity to consult with not brought before the committee, and Mr. KEATING. Mr. President, as one the administration about it. If there is it was not brought forcefully to my at- who has supported very strongly the any good reason why this should be done tention at the time, or I would have antiaggression amendment, I feel that by a treaty rather than in the usual pro- presented it to the committee at that this is a desirable provision, and therecedure, I would have no great objection. time. I have submitted it heretofore fore I am happy to cosponsor the amendHowever, I do not wish to encourage the to the staff, to the Senator from Ar- ment with the distinguished Senator Senator to believe that I would fight, kansas, and to the Senator from Iowa
kansas, and to the Senator from Iowa from Minnesota. This is a people-tobleed, and die for it in conference, be- [Mr. HICKENLOOPER), the ranking Repub- people program. It is quite different cause I currently believe the established lican on the committee.
from what is intended within the reach procedure, under the Foreign Claims The Senator from Ohio [Mr. LAUSCHE] of the Gruening amendment, which was Settlement Commission, is the proper and the Senator from Connecticut [Mr. cosponsored by so many Senators. The way to handle the claims.
DODD] joined me in offering the amend- Peace Corps and the exchange program, Mr. KEATING. Mr. President, will ment. I think, in fairness, I should con- under the so-called Fulbright Act, should the Senator yield?
fer with them about the proposal to be continued in countries with which we Mr. FULBRIGHT. I am glad to yield. take it to conference. I hesitate to ask have this relationship, and they should
Mr. KEATING. That was exactly the for a rollcall, but I think I shall ask for not be interfered with by the provisions situation in the case of Panama. The a quorum call in order that I may com- of the Gruening amendment. I hope Czechoslovak Government does have a municate with the Senator from Ohio very much that the amendment will claim against the United States, for tak- [Mr. LAUSCHE] and the Senator from prevail. ing a steel mill, which is to be offset Connecticut [Mr. DODD], who have sim- Even where aggression has taken against the amount paid by Czechoslo- ilar problems and who have joined me place, there is need for continuing convakia on the claims of U.S. nationals. in cosponsoring this amendment. tacts between people. We can remain The value of that steel mill was about I suggest the absence of a quorum. in touch and communication with these $812 million. It is proposed to have The PRESIDING OFFICER. The nations through people-to-people proCzechoslovakia put up only about $2 or clerk will call the roll.
grams even if we have cut off cash outlay $212 million, to represent the settlement The legislative clerk proceeded to call programs. of all the claims. the roll.
Mr. MORSE. Mr. President, it is imThe reason given for having the Sen- Mr. KEATING. Mr. President, I ask portant that absent Senators be made ate pass upon the Panamanian claim unanimous consent that the order for
aware of the pending amendment, beapplies in exactly the same terms to this the quorum call be rescinded.
cause there are those who do not share claim of Czechoslovakia. There were
The PRESIDING OFFICER. With
the point of view that under no circummutual claims on both sides. That was out objection, it is so ordered.
stances should the Peace Corps be taken the reason for a convention and the Mr. KEATING. Mr. President, I with- out of a particular country that is folreason for the Panamanian claim being draw my amendment temporarily, be- lowing a serious anti-American course considered as a treaty, for the purpose cause the Senator from Ohio [Mr. of action.
of action. I should like to suggest the of getting the advice and consent of the LAUSCHE] is on his way to the Chamber. absence of a quorum so that Senators Senate.
I will reoffer it later after disposition of who have that point of view at least will Mr. FULBRIGHT. As I said, I per
the amendment which the Senator from have full notice that this amendment sonally do not have any strong feelings Minnesota is about to offer.
is under consideration. about it, because I have had no back- Mr. HUMPHREY. Mr. President, I Mr. HART. Mr. President, will the ground on the subject. I do not think send an amendment to the desk, on be- Senator withhold that suggestion for a the claim of Czechoslovakia is admitted half of the Senator from New York [Mr. moment? by this country. However, I do not know. KEATING] and myself to the committee
Mr. MORSE. Yes. Before I take a strong position on it, I amendment as amended. I ask that the
Mr. HART. Sharing the view of the should like to afford the administration amendment be read. I have discussed it Senator from Minnesota and the Senan opportunity to express itself. I with the chairman of the Committee on ator from New York, I hope that the thought the claims commissions had op- Foreign Relations.
amendment, which is in the nature of an erated quite well. It requires a good deal The PRESIDING OFFICER. The explicit clarification of the earlier action of negotiation to ascertain the claims, amendment will be stated.
involving the Gruening amendment, and verify them, and so on.
The LEGISLATIVE CLERK. On page 51 which I supported, will be agreed to. If the Senator is willing for me to ac- between lines 13 and 14, add the follow- Mr. HUMPHREY. And also make it cept the amendment on that basis, I ing new subsection:
clear that the Hickenlooper amendment, shall be glad to take it. Perhaps the ad
(f) After Sec. 637 add the following new
if adopted, would not affect the Peace ministration has no objection to it. If it section:
Corps or the educational and cultural did not, I would not have.
"PEACE CORPS ASSISTANCE
exchange program. Mr. KEATING. I am sure those in “SEC. 638. No provision of this Act shall be Mr. HART. And the Hickenlooper control of the Government would not construed to prohibit assistance to any coun- amendment. We must make sure that want to get the advice and consent of try pursuant to the Peace Corps Act as there is an explicit recital of our intenthe Senate. They would want to feel amended or the Mutual Educational and
tion, that these programs shall not be free to handle the situation in any manCultural Exchange Act of 1961 as amended.”
subject to termination. The amendner they saw fit. I am quite certain Mr. HUMPHREY. Mr. President, the ment is a useful one, and I hope it will they would prefer not to have this case purpose of the amendment is to main- be agreed to. treated in the way the Panamanian tain the Peace Corps program and the Mr. HUMPHREY. Mr. President, I case was treated. They would prefer
They would prefer educational and cultural exchange pro- agree with the Senator from Oregon that to have carte blanche to treat it in any gram, which is basically the Fulbright there should be a quorum call so any way they wished.
scholarship program, as separate and Senator who is vitally interested may be properly notified, even though I wish to sissippi (Mr. STENNIS) are absent on of- Mr. HUMPHREY. Mr. President, will make it clear I did say that at an appro- ficial business.
the Senator from Oregon yield? priate time the amendment would be I also announce that the Senator from Mr. MORSE. I yield. offered. Further, the two programs do California [Mr. ENGLE) is absent because Mr. HUMPHREY. That will not be not relate to direct economic aid, as the of illness.
the impression at all. The amendment Senator from Oregon knows, because the Mr. KUCHEL. I announce that the
I announce that the would do two things: Where the text of Fulbright scholarship program, for ex- Senator from Arizona [Mr. GOLDWATER] the bill states that no funds under this ample, is an educational program. I be- is necessarily absent.
act or under any other act shall be made lieve it has demonstrated its worth to The PRESIDING OFFICER. A quo- available, that provision is not to include our national security and national inter- rum is present.
the Fulbright scholarship program or the est and national reputation.
The question is on agreeing to the Peace Corps, which are essentially peoThe Peace Corps, while it relates to the amendment of the Senator from Minne- ples-to-peoples programs, and do not social and economic well-being of a coun- sota [Mr. HUMPHREY] to the committee carry with them large amounts of goods try, is essentially a service program. It amendment in the nature of a substitute, or economic resources. It seems to me does not carry with it a large appropri- as amended.
that such programs build for the long ation for the purpose of bringing goods Mr. MORSE. Mr. President, I am in term, and do not have immediate politand material to a country. It brings our
sympathy with much of the Humphrey ical significance. people into contact with the people of amendment to the committee amend- Senators may recall that when the other countries. It makes a definite con- ment, particularly the section on cultural Senate passed the Peace Corps bill, the tribution to the kind of world we would exchanges; but I am not so sure that the Secretary of State said that although like, a world of peace and freedom.
amendment is sound insofar as the Peace the Peace Corps is considered a signifThere are, of course, feelings and at- Corps is concerned. The amendment icant part of the U.S. overall effort titudes which have been expressed, to
would be sound in most instances; but in the international field, it is not the effect that when we cut off coopera
I wish to report to the Senate that some to be considered an adjunct to the Nation by our country with another, we
days ago the former Ambassador to the tion's foreign policy, in terms of the naought to do it on every facet. We should
Dominican Republic conferred with some tional security, but is in a sense a peopletake a good look at such a view, because
of us, and pointed out that, after all, the to-people program in which we place it could include travel by American tour
Peace Corps is closer to the people of the great confidence for the future. ists, which actually is an instrument of
Dominican Republic than probably any It is my hope that we might protect aid to another country. Through tour
other work we are doing there, and that its integrity and not bring it within the ism large amounts of money are brought
the Peace Corps really is working in the purview of the aid, or within the purinto another country. I believe the two neighborhoods of that country. So when view of the disciplinary action which this programs involved in the amendment there is in that country a situation which country take with respect to any other should stand on their own feet, that they is so serious that we are withholding our nation. ought not to be a part of any disciplinary
aid, or if there is a situation-speaking The amendment would not mean that action by us, and that they have demon- hypothetically-in a which a country has the Peace Corps must be sent to every strated they are in our interest as well begun a strong anti-American course of country. That is not the purpose of the as in the interest of the people they action, I wonder why we should permit amendment. The purpose is to make serve.
the Peace Corps to continue to operate sure that the limitations and the prohibiMr. MORSE. Mr. President, I suggest there.
tions that we have placed in the bill the absence of a quorum.
Our former Ambassador to the Do- would not apply to the Fulbright scholThe PRESIDING OFFICER. The
minican Republic also said to us, “If the arship program or the Peace Corps proclerk will call the roll.
Peace Corps were to be taken out, the gram. It would leave to the President of
people of the country really would know the United States the right to determine The legislative clerk called the roll,
they were in trouble with the United whether or not it would be desirable to and the following Senators answered to
States.” He said that the mass of the have a Peace Corps operation in any their names:
people there really do not know about the particular country.
Mr. MORSE. Will the Senator an-
I wish there were a provision which, swer a hypothetical question for the purAllott Hartke Mundt
in such a situation, would result in dis- pose of making legislative history? Anderson Hayden
Muskie Bartlett Hickenlooper Nelson
continuing our Peace Corps operations Mr. HUMPHREY. I shall be glad to Bayh Hill
Neuberger in such a country, but at the same time do so.
would not handicap the operations of the Mr. MORSE. I shall tell the Senate Bennett Hruska
Peace Corps in situations in which there what my fear is. If we do not make leg-
is not a strong anti-American feeling or islative history, and if we get into some Brewster Jackson Proxmire
where, by permitting the Peace Corps to difficult situation in the future, the posiBurdick Javits
Randolph Byrd, Va. Johnston Ribicoff
continue its operations, we would not tion might be taken that the Senate had Cannon
Jordan, N.C. Robertson seem to be countermanding other action gone on record in opposition to taking Carlson Jordan, Idaho Russell we take.
the Peace Corps out of a country, even Case Keating
It would be better to have this amend- though the fact situation might warrant
ment permit the Peace Corps to continue such action.
its operations until some affirmative ac- I should like to use as the basis of my Cotton
Long, Mo. Smith
tion to the contrary was taken. But, hypothetical question such facts as we Dirksen Mansfield Symington
although I would feel inclined to vote have concerning the Dominican RepubDodd McClellan Talmadge
against the amendment in its present lic, where constitutional government was Dominick McGee
The administration an-
form, and although I had hoped we would overthrown. Eastland McIntyre Walters
modify the amendment, the difficulty is nounced that it was withdrawing aid, at Edmondson McNamara Williams, N.J. that I do not have in mind any specific least until it found out what the new Ellender Mechem
government would do in regard to conFong Miller
Young, N. Dak. I repeat that, in accordance with my stitutional rights. Fulbright Monroney Young, Ohio view and in accordance with the views My hypothetical question contemGore
Morse Gruening Morton
which others have expressed to me, there plates the withdrawal of all forms of
are instances in which the operations of assistance. There is no question that Mr. HUMPHREY. I announce that
the Peace Corps should be stopped; and the Peace Corps, although not foreign the Senator from West Virginia [Mr.
I do not want the Senate to give the im- aid assistance, is a valuable assistBYRD], the Senator from Louisiana [Mr. pression that in such situations the Peace ance to a country. If the President LONG], the Senator from Minnesota [Mr. Corps is to stay in or is to continue its should decide that the Peace Corps ought MCCARTHY), and the Senator from Mis- operations there.
to come out of a certain country, it would not be intended or contemplated by the There being no objection, the letter Mr. LAUSCHE. Another reason that I amendment of the Senator from Minne- was ordered to be printed in the RECORD, must speak is that I do not believe we sota to restrict the President in any way as follows:
ought to subscribe to a proposition that from making a decision to bring out the WHY BOSCH WAS OUSTED—DOMINICANS WERE
would make the Fulbright scholarship Peace Corps.
APPREHENSIVE OF ANOTHER CUBA, PRELATE program and the Peace Corps program Mr. HUMPHREY. Absolutely not. SAYS
sacrosanct. We should not hold out to The decision as a matter of policy would To the EDITOR OF THE NEW YORK TIMES: the world that whatever these young be left in the hands of the President, as Tardily I have seen your editorial com- men do is above everything else that our it is now. It would merely mean that ment (September 29) on the overthrowing country is doing. If we deny these nathe amendments which have been over
of the Bosch government in Santo Domingo. tions aid, and if we refuse to help them
Dr. Bosch, a most astute campaigner, proved whelmingly adopted would not apply spe
on the basis that they have not followed himself as President to be hypersensitive, cifically as a prohibition to the Peace
a course consistent with the security of doctrinaire, contemptuous of many elements Corps or to the so-called Fulbright scholdevoted to democracy and strangely out of
the United States, I do not believe that arship program. But the authority of touch with the traditions of his country. I
we ought to place the Peace Corps and the President to withdraw the program feared that his Government would fail in the Fulbright students in a different would remain as it is.
the last week of July and spoke strongly class.
in the effort to save it. At the same time, Mr. MORSE. I wanted to bring out
Why do I make that statement? This the Apostolic Nuncio Emmanuele Clarizio that point.
afternoon there came to my desk a letter and the other Bishops in friendly talks with
from a Peace Corps worker in the DoMr. HUMPHREY. I appreciate the Doctor Bosch and members of his governSenator's question. It is very worth ment indicated what must be done to re
minican Republic. The words of his let
ter are of such a character as to reveal while. gain some measure of lost popular support.
that the writer is an actual participant Mr. LAUSCHE. Mr. President, I am
TOLERANCE OF COMMUNISM
in the political controversy that is going obliged to express thoughts which are not
I regret the coup d'état and have a deep
on in the Dominican Republic. When in accord with the discussion which has compassion for Doctor Bosch, who had rea
the Peace Corps bill was passed, I am taken place. If I should remain silent, son to consider himself a hard-working, honest President bent upon establishing his per
certain that on the floor of the Senate I would feel that I had done so on the basis of fear to speak up at a time when
sonal notions of democracy and social jus- it was repeatedly declared that the Peace
tice in the Dominican Republic. Yet it is Corps members would not become the I was convinced that statements were be
undeniable that responsible civilian groups propagandists of economic theories or a ing made that were not sound. By my were disturbed by the open smuggling of political philosophy. In the nations to silence I cannot subscribe to the proposi- small arms to the little Communist groups,
which they would be sent they were to tion that a democratic republic over- the bland tolerance of communism, the forthrown in South Vietnam should imme- mation of a Bosch-directed militia ostensibly
participate in manual work and ordeals.
They were not to participate in political diately be given consideration by way of to protect the canefields. aid and recognition while the Domini- There was widespread determination that
arguments. By its wording and spirit can Republic, in which likewise a con
the Dominician Republic would not permit the letter which I received today clearly
itself to become another Cuba. Dr. Bosch indicates that that young man is actively stitutional government is overthrown, is
obstinately refused any gesture to the na- engaged in the political controversy in denied recognition. Both of the over
tion to show that he shared this determina- the Dominican Republic. thrown governments were chosen in a tion.
To summarize, I do not agree with the democratic process. In South Vietnam I do not believe that we have a rigid blood was shed, lives were taken, and per- oligarchy in Santo Domingo. After the Bosch
argument that the Dominican revolu
tionary government should be rejected. sonnel of the incumbent regime were de- triumph in the elections of December 1962,
I make that statement because we are stroyed. No such thing happened in the the party of the business community and
showing a great procliyity to reject govDominican Republic. In the Dominican property owners found a spirit of willing
cooperation among its members. But on ernments which are friendly to the
to the result was subscribed to by a combi- taunts against them and brought things to
United States and hostile to communism,
and to favor what are supposed to be nation of the citizens. In South Viet- a head with his wild project of the law of democracies that are favorable to comnam it was only the military that active- confiscations. Meanwhile the level of gov
munism and hostile to the United States. ly participated in the overthrow. In my ernment administration declined sharply
In my judgment it is a mistake to single judgment, the passing of another week from the fairly efficient procedures which
out any function which we are providing without giving recognition to the Domini- the provisional government achieved.
to help other countries, giving that funccan Republic would not be in the interest the poorer people came to feel that the
lavish campaign promises of Dr. Bosch were of our country.
tion superiority over the general class of a bitter jest.
services that we are rendering. Mr. President, in my hands I have a
I do not believe this amendment should letter written to the editor of the New
I have no attachment to any political group be adopted, and I urge Senators so to York Times. It was published in the
and indeed feel very unhappy about the vote. New York Times on Sunday, October 27.
present muddle. Our boys and girls in the Mr. KEATING. Mr. President, will The letter was written by Thomas F. high schools and the university will be more the Senator yield? Reilly, bishop of San Juan de la undisciplined than ever in the weeks to
Mr. LAUSCHE. I am glad to yield. Maguano of the Dominican Republic. come. They cherish hopes for sweeping In the letter the bishop, who vigorously changes-an integral revolution—but have
Mr. KEATING. Does the Senator
realize that this amendment does not supported Bosch, points out that the only reached the first stage, wherein Latin
provide that aid under the Peace Corps revolution in the Dominican Republic be- American youths indulge in school strikes, came inevitable in consequence of the rock throwing, and heroic oratory.
or under the Fulbright exchange pro
Withal, I am not without hope for the soft-handed treatment accorded to the new civilian regime. After the coup, the
gram shall not be cut off, but merely
that those two programs will be exempt Communists by Bosch. In effect, the let- army and the police retired swiftly to their
from the mandatory cutoff which is emter points out that Bosch was an idealist barracks.
These and sentimentalist, not having any pos
civilians—representatives of five
bodied in the amendment offered by the parties—are likely to be in closer touch than session of reality. The Communists were
Senator from Alaska? the Bosch government with the tradition of Mr. LAUSCHE. I understand that making conspicuous inroads that resulted the nation, more competent in administra- thoroughly, and I am glad the Senator in the general public, from the beginning tion, and more effective in carrying through from New York asked the question. In to the end, desiring to be assured that socially progressive plans, which the whole
the 512 years I have been a member of communism would not take hold of the nation anxiously seeks. May they not start
the Foreign Relations Committee, I have Dominican Republic. On that basis the quarreling among themselves.
If they fail, we are in for deep trouble.
decided that we try to balm our conrevolution occurred.
THOMAS F. REILLY, C.Ss.R.,
sciences by having inserted in bills that I ask unanimous consent that the let
Bishop of San Juan de la Maguana, Do
“this shall not be done until such and ter be printed in the RECORD as a part minican Republic.
such findings are made." We provide an of my remarks.
ROME, October 11, 1963.
escape clause, and then believe that we