approval. To date no such agreement has been negotiated between the Security Council and the Government of the United States. Yet the President of the United States has ordered the Armed Forces of the United States into a conflict in Korea which is ostensibly being fought under the aegis of the United Nations. Neither has the President sought, nor does he appear to intend to seek, congressional approval of his action. Thus the United States is at war by order of the President. "However, there can be no retreat from reality. As the Korean conflict passes into its second year, there can no longer be any doubt that the United States is involved in a de facto war. The President circumvented both the Constitution of the United States and the Charter of the United Nations and bypassed the Congress when he committed the Armed Forces of the United States to war in Korea. However, neither the United States nor the token forces of some members of the United Nations can now abandon Korea to the forces of Communistinspired armed aggression. Thus there is but one alternative: Decide upon the goal in Korea and then proceed to its achievement." [From The Mandate for Change, by Dwight D. Eisenhower] CHAPTER XIV-CHAOS IN INDOCHINA Enemy advances, we retreat; enemy halts, we harass; enemy tires, we attack; enemy retreats, we pursue. -Mao Tse-tung In 1954 the seven-and-a-half-year-old war in Indochina came to an end. It was a war which at its beginning in 1946 seemed to be only a "local disturbance." But several small countries and finally many nations were to some extent caught up in it. Merely listing the highlights of the communications, conferences, negotiations, and military tactics of those many months would be a long process. Yet such a list could give only a faint idea of the anxious hours and days when the leaders of the Free World tried to find among themselves at least a temporary, workable unity-when diverse intentions, plans, and purposes caused chaos, misunderstanding, and tragedy in that unfortunate land. (p. 332) As I viewed the prospects of military intervention in the relative calm of early 1954, it seemed clear that if three basic requirements were fulfilled, the United States could properly and effectively render real help in winning the war. The first requirement was a legal right under international law; second, was a favorable climate of Free World opinion; and third, favorable action by the Congress. (p. 340) The ever-present, persistent, gnawing possibility was that of employing our ground forces in Indochina. The war had been going on for a long time and unless the French were successful a great many people could be swept under Communist rule. We had helped the French in the ways open to us, and they were losing ground; still, they were convinced that only they could devise successful military operations there. Nevertheless, I let it be known that I would never agree to send our ground troops as mere reinforcements for French units, to be used only as they saw fit. Part of my fundamental concept of the Presidency is that we have a constitutional government and only when there is a sudden, unforeseen emergency should the President put us into war without congressional action. (p. 345.) In Paris, Foster decided to bring the British position into the clear. In a conference with Anthony Eden, Foster told him, unequivocally, that major combat action by United States forces in Indochina would need the consent of Congress, but that Congress would be more amenable if assured that Britain agreed to participate in unified action. (p. 351.) Vice President Nixon had made a speech on April 16 which suggested the qualified possibility that we might one day have to send troops. Naturally this 4 In a talk before the American Society of Newspaper Editors, he said in a speech "not for attribution" and thereafter widely attributed, that ". if to avoid further Communist expansion in Asia and Indochina, we must take the risk now by putting our boys in, I think the Executive has to take the politically unpopular decision and do it." was always a possibility; the question was under constant study. At my news conference the question was posed respecting a rider introduced in the House on an appropriations bill the day before, seeking to limit the President's authority to dispatch troops anywhere in the world without the consent of Congress. I replied that an appropriations bill was not the place to legislate Executive responsibility, and far beyond this in importance was that such an artificial restriction would damage the flexibility of the President in moving to sustain the interests of the United States wherever necessary. I would have vetoed the bill if presented and made this known. The rider failed of passage. The CHAIRMAN. The committee is adjourned. (Whereupon, at 1:20 p.m., the committee adjourned.) U.S. COMMITMENTS TO FOREIGN POWERS TUESDAY, SEPTEMBER 19, 1967 UNITED STATES SENATE, COMMITTEE ON FOREIGN RELATIONS, WASHINGTON, D.C. The committee met, pursuant to recess, at 10:15 a.m., in room 4221, New Senate Office Building, Senator J. W. Fulbright (chairman) presiding. Present: Senators Fulbright, Sparkman, Morse, Gore, Lausche, Hickenlooper, Aiken, and Case. The CHAIRMAN. The committee will come to order. The Committee on Foreign Relations this morning is continuing its open hearings on Senate Resolution 151, relating to definition of a national commitment by the United States to a foreign country. In keeping with its usual practices, the committee is giving an opportunity to be heard on the pending measure to those members of the public who request time for the purpose. The witnesses today are Judge Albert Lévitt, of Manchester, Mass.; Mr. George Montross, of Detroit, Mich.; and Mrs. Cecil Broy, of Alexandria, Va. Judge Lévitt, will you come forward, please? PERSONAL FACTS CONCERNING ALBERT LÉVITT JUDICIAL EXPERIENCE Judge, United States District Court for The Virgin Islands. 1935-36 (During this period Mr. Lévitt not only carried out the usual duties of a Judge of a Federal District Court, but, because of the peculiar laws of the Virgin Islands, he served as The Chief Justice of The Virgin Islands and administered the local laws of the archipelago. In addition he compiled the laws of The Virgin Islands and assisted in writing the new organic act for the Virgin Islands. He also aided in having the new organic act adopted by the Congress of The United States.) GOVERNMENT SERVICE Albert Lévitt has served in the government of The United States under five Presidents as follows. Special Assistant to The Attorney General of The United States, (1923–24; 1933-35; 1936–37). In these terms of service Mr. Lévitt gave his special attentions to problems of international and comparative law. He was the liaison officer between the Department of Justice and the other government departments in many matters. He created and was the head of the section of international law in the Department of Justice. He was the final reviewing officer for matters relating to the Alien Property Custodian. He made, directed and assisted in the making of, many studies in international and comparative law. He also gave a great deal of attention and study to American Constitutional Law as it related to govern ment administration and the powers of The President of The United States. In connection with this he prepared many opinions for The Attorney General of The United States and The Solicitor General of The United States.) Special Consultant to The Office of Production Management, United States, Government, Priorities Division. (1940–41). (In this connection Mr. Lévitt made an intensive study of the powers of Mr. E. R. Stetinius, later Secretary of State, as Head of The Priorities Division.) Law Consultant, Department of The Interior, U. S. Government. 1953. (At this time Mr. Lévitt made a study of the relation of the proposed Bricker Amendment to The Constitution of The United States, to the laws, treaties and executive agreements which controlled the international activities of The Secretary of The Interior.) Technical Advisor, International Tax Relations Division, Treasury Dept. 1954. Attorney-Advisor. Office of The Judge Advocate General, U.S. Army, Washington, D.C. 1955-56. Member of The Committee of Advisors to The Cabinet Commission for the Codification of The Nationality Law of The United States. 1933–35. (The Report of this Commission became The United States Nationality Act of 1940. The Commission consisted of The Secretary of State, The Secretary of Labor and The Attorney General of The United States. The Committee of Advisors consisted of six members from The State Department, six members from The Labor Department and one member from The Department of Justice, Mr. Lévitt.) Representative of The United States at the International Penal Law Conference, Brussels, Belgium. (1926) Appointed by The President of The United States. (This Conference dealt with the creation of an international criminal code. Mr. Lévitt prepared a proposed Code of International Criminal Law which was subsequently published.) Member of The United States Assay Commission (1921). (This Commission examined into the operations of The United States Mint. The Commission is appointed by The President of The United States.) EDUCATION Albert Lévitt holds the following academic degrees; Bachelor of Arts, (Columbia); Bachelor of Law, (Harvard); Bachelor of Divinity, (Meadville Theological School, Chicago Univ.); Doctor of Law, (Yale). ACADEMIC POSITIONS Albert Lévitt has held the following teaching positions; Lecturer in Philosophy, (Columbia); Acting Professor of Philosophy, (Colgate); Professor of Law, George Washington University, University of North Dakota, Washington and Lee University, and The University of California, Law Schools; Lecturer in Law, New York University; Lecturer in Medical Jurisprudence, Johns Hopkins University Medical School. Visiting Lecturer in History, International Affairs and Constitutional Law in many of our Universities and Colleges. MILITARY RECORD Albert Lévitt has an honorable military record. As a very young man he enlisted in the Hospital Corps of The United States Army and saw active service in The Philippine Islands. During World War I he served first with The American Ambulance in the French Army in France, and when The United States entered the war he received his commission as First Lieutenant and Chaplain in The United States Army. He saw active service in France with the 304th Machine Gun Battalion, 77th Division, and was wounded in action. During World War II he served as a legal consultant in Washington and California. LAW PRACTICE Albert Lévitt has engaged in the practice of law since 1922. He is a Member of The Bars of The United States Supreme Court, various United States Circuit Courts of Appeal and District Courts, The District of Columbia, The State of Oregon, The State of California and The State of Connecticut. He is also enrolled to practice before The Department of The Treasury of The United States and is a Member of The Bar of the Tax Court of The United States. LAW PUBLICATIONS Albert Lévitt has published many articles on law topics and is the author of the following books: "The President And The Foreign Affairs Of The United States." (1954) (Parker and Co., Los Angeles, California.) "The Law of Community Property In California." (1951) (Parker and Co., Los Angeles, California.) "The Criminal Law Of New York." (1930) (Prentice-Hall, New York City, N.Y.) "A Proposed Code Of International Criminal Law." (1928) (Privately published and translated into several foreign languages.) "How To Study Law." (1925) (American Law Book Co., N.Y.) In preparation: "The Constitution and American Foreign Policy." "The Powers Of The President Of The United States." "Rhodesia: The Birth Of A Nation." Albert Lévitt was born in Woodbine, Maryland. He has traveled extensively in various parts of the world. He lives in Hancock, N.H. STATEMENT OF JUDGE ALBERT LÉVITT, OF HANCOCK, N.H. Mr. LÉVITT. Mr. Chairman. The CHAIRMAN. Will you proceed, Judge Lévitt? We are very happy to have you here this morning. Mr. LEVITT. Thank you, sir. It is a great privilege for me to have this opportunity of exercising the privilege of every American citizen of the right to petition and to present his opinions to the persons who are Senators and Representatives in Congress. In my statement, sir The CHAIRMAN. Judge Lévitt, would you mind just for the record identifying yourself and giving us your experience, very briefly so that we may have in the record scomething about the witness, just very briefly. Mr. LEVITT. Yes. BACKGROUND OF WITNESS Education: Graduate of Columbia University, graduate of the Harvard Law School; doctor of law, Yale University; formerly judge of the U.S. District Court of the Virgin Islands; formerly special assistant to the Attorney General of the United States, Legal Adviser to the Judge Advocate General's Office of the U.S. Army, adviser to the Treasury Department on international income tax treaties, et cetera, et cetera. I have been in and out for many years. The CHAIRMAN. That is very good. Thank you. Mr. LÉVITT. And a teacher of law in our leading universities. Mr. LÉVITT. Now, I have made, I think, clear in my statement the position that I take in support of the resolution. I have indicated that I would like to make some suggestion to show that the resolution is not quite as clear as it might be, and I would like to offer an amendment to that. Perhaps if I took the rest of the time that you would give me for answering questions, I would be pleased to take that because there is nothing I can say except to read what I have already given to you, and that I would rather not do unless you request it. |