H. R. 6300. A bill for the relief of Sister Mary Joanne (Frances Hsia); to the Committee on the Judiciary.

H. R. 6301. A bill for the relief of Sister Mary Lily (Lucy Chang); to the Committee on the Judiciary.

H. R. 6302. A bill for the relief of Sister Mary Anne (Lillian Chung); to the Committee on the Judiciary.

H. R. 6303. A bill for the relief of Sister Mary George (Cecilia Yin); to the Committee on the Judiciary.

H. R. 6304. A bill for the relief of Sister Mary Mario (Lucia Tsung); to the Committee on the Judiciary.

Dr. Harold W. Tribble, president, Wake Forest College, Wake Forest, N. C., offered the following prayer:

Eternal God, our Father, for all the blessings upon our Nation in the past, that have come out of the bounty of Thy grace, we give Thee the gratitude of our hearts. In the name and in the spirit of Christ, we invoke Thy blessings upon the session of the Senate today. Let Thy spirit breathe divine wisdom upon Thy servants here, that in all decisions Thy will may be done.

Especially do we pray today for the new Senator, that he may be given strength of mind, body, and spirit to serve God, his country, and mankind, to the very best of his ability, in a manner that will be pleasing unto Thee.

We shall give Thee the praise for all Thy gifts, as we pray for wisdom in using them in Thy service. Through Jesus Christ our Lord. Amen.

THE JOURNAL

On request of Mr. KNOWLAND, and by unanimous consent, the reading of the Journal of the proceedings of Tuesday, July 14, 1953, was dispensed with.

MESSAGE FROM THE PRESIDENT

A message in writing from the President of the United States submitting a nomination was communicated to the Senate by Mr. Miller, one of his secretaries.

MESSAGE FROM THE HOUSE A message from the House of Representatives, by Mr. Bartlett, one of its clerks, announced that the House had passed the following bill and joint resolution, in which it requested the concurrence of the Senate:

H. R. 6078. An act to amend Public Law 874 of the 81st Congress so as to make improvements in its provisions and extend its duration for a 2-year period, and for other purposes; and

H. J. Res. 293. Joint resolution to permit articles imported from foreign countries for the purpose of exhibition at the Washington State Third International Trade Fair, Seattle, Wash., to be admitted without payment of tariff, and for other purposes.

ORDER FOR TRANSACTION OF ROUTINE BUSINESS

Mr. KNOWLAND. Mr. President, I ask unanimous consent that following action on the status-of-forces agreements, and after the Senate has resumed the consideration of legislative business, there may be the customary morning hour to permit Senators to transact regular routine business under the usual 2-minute limitation on speeches.

day to take the oath of office, and I shall ask unanimous consent that the Senate may go into legislative session for the purpose of having the oath administered to him.

We shall then immediately resume the executive session, for the purpose of considering the NATO status-of-forces agreements.

Mr. President, I ask unanimous consent that the Senate may proceed to the consideration of legislative business, for the purpose of administering the oath to the Senator-designate from North Carolina.

The VICE PRESIDENT. Without objection, it is so ordered.

Mr. JOHNSON of Texas. Mr. President, I suggest the absence of a quorum. The VICE PRESIDENT. The Secretary will call the roll.

The legislative clerk proceeded to call the roll.

Mr. KNOWLAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded, and that further proceedings under the call be dispensed with.

The VICE PRESIDENT. Without objection, it is so ordered.

SENATOR FROM NORTH CAROLINA

Mr. HOEY. Mr. President, Hon. William B. Umstead, Governor of North Carolina, has appointed a successor to the late lamented Senator Willis Smith. The Senator-designate is Hon. ALTON A. LENNON, of Wilmington, N. C. His credentials have been presented to the Senate, and I am sending forward the certificate. I ask that he may be permitted to take the oath of office.

The VICE PRESIDENT. The clerk will read the certificate.

The legislative clerk read as follows: To the PRESIDENT OF THE SENATE OF THE UNITED STATES:

This is to certify that pursuant to the power vested in me by the Constitution of the United States and the laws of North Carolina, I, William B. Umstead, the Governor of said State, do hereby appoint ALTON A. LENNON a Senator from said State to represent said State in the Senate of the United States until the vacancy therein, caused by the death of Senator Willis Smith, is filled by election, as provided by law.

Witness: His excellency, our Governor, William B. Umstead, and our seal hereto affixed at Raleigh, N. C., this 10th day of July, in the year of our Lord nineteen hundred and fifty-three. WM. B. UMSTEAD,

it be remembered also that the representatives of the State Department are likewise protected. I know that pleas for ratification came to the Senate from high places. But yesterday I presented for the RECORD 12 or 14 petitions that came from soldiers, from their wives, from their mothers, and from their friends. They are the little men who do not have a lobbyist walking up and down the Halls of the Capitol at this hour. They are the men who do not have telephonic contact with Senators on the floor of the Senate, pleading with them to please ratify the treaty without any amendment or reservation, and to barter away the rights of our men in uniform.

It is our responsibility. It is our duty as Senators to give to them the protection that America has always given to her men in uniform wherever they may be sent under the flag, or wherever their mission may take them.

I was a little shocked yesterday at the statement of the Senator from Michigan [Mr. FERGUSON] with respect to what he considers international law to be. He said that when our soldiers go into a foreign country they are subject to the laws of the country even with respect to military crimes committed. I had not heard that theory advanced before yesterday. What would have been the situation, I ask the Senator from Michigan, with respect to the soldier who was picked up in the State of Pennsylvania after he was discharged from the Army, and flown back to Korea, to be tried there? Of course, he would be tried by an American court-martial in Korea. An order has now been issued by a Pennsylvania court requiring those who took him from Pennsylvania to show cause why he should not be returned. If the Senator from Michigan is correct in his interpretation of international law, that man, when he goes back to Korea, could be tried by the Korean courts, regardless of the crime he committed, that is, whether it be a crime committed while in camp on military duty or outside the military compound or outside of his military duties. The Pennsylvania courts then could not issue any order to anyone to return that man to this country.

Mr. FERGUSON. Mr. President, will the Senator yield?

Mr. BRICKER. I yield.

Mr. FERGUSON. I believe if the Senator will read what I said he will find that I stated international law was clear in holding the law could be changed by consent if an army is marching through the territory of another country. International law holds that so long as the army is in camp or in ranks it is considered that there is an implied agreement that the law of the army applies-I said an implied agreement-but if the army is not admitted under those circumstances, then of course any agreement can be made as to the admission of that army.

I said further that the difficulty with international law is that it is only that which the sovereign state is willing to accept.

Mr. BRICKER. The host state.
Mr. FERGUSON. The host state.

Mr. BRICKER. In the absence of any treaty or any understanding the host

state has complete jurisdiction in criminal matters-and if I do not quote the Senator correctly I wish he would correct me-both in regard to crimes committed outside the line of duty and military crimes committed inside the line of duty.

Mr. FERGUSON. No. I said that international law, so far as Americans are concerned, as laid down by Chief Justice Marshall, held that a person was subject to the laws of the army if nothing is said as to the admission of that army in going through a state or in occupation of a state.

Mr. BRICKER. To which army does the Senator refer? Does he refer to our Army or to the other army?

Mr. FERGUSON. Any army coming into America. I said furthermore that international law was only what the country admitted it to be. Great Britain passed a law giving sole jurisdiction to the American Army over American personnel in Great Britain. However, they did not recognize the law as Chief Justice Marshall stated it to be. That is what I said.

Mr. BRICKER. They do recognize it, because they passed a statute in accordance with it.

Mr. FERGUSON. Yes; but they did not recognize it as international law. They passed their own statute.

Mr. BRICKER. Has there ever been a time when Great Britain assumed jurisdiction over an American soldier, except in the one instance I referred to, either on their soil or on the soil of any of its dependencies?

Mr. FERGUSON. In 1949 Great Britain joined Belgium, Luxembourg, France, and some of the other countries in a treaty which applied the law of the land in such instances.

Mr. BRICKER. But now there is no treaty. I may have misunderstood the Senator in what he said yesterday.

Mr. FERGUSON. The Senator from Ohio certainly misunderstood me.

Mr. BRICKER. If there is no treaty, if our armies go into foreign countries under the circumstances they are in NATO countries at the present time, who will have jurisdiction in the case of crimes committed by United States soldiers outside the line of duty? This question is a hypothetical one.

Mr. FERGUSON. John Marshall said that in camp, in rank, and in the performance of their duty, the law of the military applies.

There is no doubt of There is no doubt of that. He went further, and said there is an implied understanding, then, that the international law would be that the army's law would apply to them.

Mr. BRICKER. Yes; that is our military code. And the same would be true in the case of crimes committed by the military while in the line of duty; I agree with the Senator from Michigan.

Mr. FERGUSON. Let me pick out a country at random; for instance, let me say that if some of our military men were to enter Turkey or Egypt today, those countries can certainly apply the law of the land if they want to.

Mr. BRICKER. Who can? Mr. FERGUSON. Egypt or Turkey. Mr. BRICKER. That is what I thought the Senator said yesterday. If

our troops go to Turkey or Egypt, those countries can apply their laws to our troops if they commit crimes either outside or inside their line of duty. Mr. FERGUSON. Yes.

Mr. BRICKER. That is exactly what I said that the Senator said.

Mr. FERGUSON. That is why this treaty is of value, because it prescribes certain conditions, and also says to our commanding officers and to our Secretary of State, "You shall watch over these men, to see that they obtain justice according to the principles of American institutions." That is why I shall vote for the treaty.

Mr. BRICKER. But the treaty does not do that. The treaty turns our soldiers over to the host countries, the occupied countries, and defies and annuls the rule laid down by Chief Justice Marshall, instead of following it.

Mr. President, I wish to discuss for the record the so-called understanding which was submitted by the committee. I wish particularly to ask a question. At the very beginning the committee said this treaty is not to be a precedent. Mr. President, if the treaty is a good thing, why is it not to be a precedent? Is there some fear about the treaty or are there some misgivings about the treaty, so that the committee wishes to say the treaty will not be a precedent and will not have to be followed in the case of other countries?

It seems to me we are confronted with an anomalous situation, when the Foreign Relations Committee, in reporting the treaty, says, "But it is not to be a precedent." Mr. President, if the treaty is good for one place, why is it not good for any other place in the world?

In the reservation or the understanding submitted by the committee, no obligation of any kind or character is placed upon any other country, according to this treaty arrangement. The understanding is simply a pious statement of what ought to be done by the State Department, all of whose personnel are already protected and are already given immunity. Yet our troops are to rely upon the good will and compassion of the foreign countries and the will of our Secretary of State to plead with those countries, participants hereto, to do right by our boys who are in uniform, after they are turned over to those countries.

Mr. President, the treaty is a clear recognition of the fact that once the jurisdiction of the foreign land attaches to our soldiers in uniform, there is, according to the terms of the treaty, no way under the sun whereby the United States can ever regain control over these delivered-over servicemen. They will be deprived of their right of appeal to the court of military justice. They will likewise be deprived of their right of appeal to the President of the United States.

Mr. President and Members of the Senate, I shall never cast my vote to barter away the rights of United States soldiers who are offering their lives to preserve the country we represent, who are offering their lives, if need be, to defend the very Constitution that I, as a Senator of the United States, am duty

bound, I believe, to say shall follow them wherever they are sent by their Government, so that they may have the protection of the inalienable rights that United States citizens have at home, and should have wherever their Government sends them.

Mr. KNOWLAND. Mr. President, I do not intend to take more than 5 minutes, if that long.

However, I do not wish to have go unchallenged the statement of the junior Senator from Ohio, when he said this treaty barters the rights of United States soldiers.

After all, this treaty was negotiated by the last President of the United States. Although I happen to belong to a different political party from the one to which the last President of the United States belongs, yet he took the same oath of office the present President of the United States took, and he would not knowingly barter away the rights of United States citizens. The present President of the United States took just as solemn an oath to protect and defend the Constitution of the United States and he would not barter away the rights of United States soldiers or of any other group of United States citi

zens.

The fact of the matter is-and the RECORD of yesterday is quite clear on this point that the new chairman of the Joint Chiefs of Staff, Admiral Radford; General Ridgway, who had the responsibility as the Supreme Commander of the NATO forces in Europe; Admiral Carney, who was in command in the Mediterranean, and is to be our Chief of Naval Operations; General Norstad, then commander of the Air Force there; and General Gruenther, who presently is commander of the NATO forces in Europe, all have said they believe that ratification of these treaties is essential both to the future of NATO and to the security of the United States. All of them are vitally interested in their men, United States soldiers, who are serving overseas.

I say there is not one iota of evidence to indicate that either the last administration or the present administration has bartered away the rights of United States soldiers or other citizens.

I believe the Senator from Michigan is correct. He pointed out yesterday that when our Armed Forces go into another sovereign nation, not when they occupy it as conquerors following a victorious war, but when they go into another sovereign nation by permission of its government, we respect that nation's sovereignty. In that case we are not dealing with colonials or with a situation in which the other country is subject to our laws and our constitution. On the contrary, our forces enter that country which is sovereign in the same Iway that the United States of America is sovereign and in those circumstances, the two countries are equals. I think one thing that is greatly to the credit of the United States is that although we may have had the power and the strength to do so, nevertheless in sending our troops to a smaller nation we did not attempt to brush aside its laws and constitution.

In the case of the NATO countries, we are not sending our troops there solely for the benefit of the protection of those countries. On the contrary, our troops are being sent there by us in order to maintain a mutual defense system for the benefit of a free world of freemen.

Mr. President, I believe that with a clear conscience, and mindful of our oath to protect and defend the Constitution of the United States, the Senate can and should overwhelmingly ratify these treaties.

Mr. MCCARTHY. Mr. President, on yesterday, when the vote was taken on the Bricker reservation, I was engaged in the performance of my duties in connection with the Senate Subcommittee on Investigations, and was therefore necessarily absent from the Senate. I called the secretary to the majority and told him that when the vote was taken on the treaty I wanted him to pair me with another Senator, and to do so along the line of thought of the Senator from California [Mr. KNOWLAND] on the matter. At that time, I, of course, assumed that the Bricker reservation would be agreed to; I could not conceive of the possibility of its being defeated. Through no fault of the secretary to the majority, he paired me against the Bricker reservation. That was entirely contrary to my feeling about it. I now ask to have the RECORD corrected to show that I was not paired against the Bricker reservation, but that I was for it.

The VICE PRESIDENT. The correction will be made.

Mr. MCCARTHY. Mr. President, I may say that I had gone over the treaty carefully and had decided that, if the Bricker reservation were adopted, I could then in clear conscience support the treaty. Now that the Bricker reservation has been defeated, I feel that the treaty is a dangerous one, and for that reason I intend to vote against it.

Mr. FERGUSON. Mr. President, I feel that the status-of-forces treaty does not take away the rights of any American soldier. As the law now stands, I feel that when our military forces are in a foreign country, as some of them now are, as friends and allies, rather than as occupational forces or as conquerors, then the law of the host country applies, to be administered as that country may see fit to administer it. I believe that the same rule would apply were the situation reversed, and armed forces of foreign powers were in our country as invitees.

The treaty would provide certain safeguards. Instead of taking away rights, it would in effect confer upon the American soldier rights under a treaty, as far as that can be done by treaty. I said yesterday, and I say again today, that international law throughout the world unfortunately is merely what the nations are willing to say it is. I therefore think that, with our present allies, we are acquiring rights rather than giving them away.

Mr. HENDRICKSON. Mr. President, on yesterday the junior Senator from New Jersey voted to support the Bricker reservation. I did so with deep convictions. However, the Bricker reser

vation was defeated and we now have before us the treaty, without the reservation.

As I view the situation, Mr. President, I must now choose as between two evils, or I should say what I think is the lesser of the two. In the colloquies which took place yesterday between the junior Senator from New Jersey and the Senator from Michigan, the Senator from Michigan conceded that this was virtually so. We have to choose between the evil of existing executive agreements, which have proved themselves to be extremely faulty, and the evils which may attend certain weaknesses in this treaty.

Mr. President, because of the fact that I have unfailing faith in the President of the United States, because I have complete confidence that his long military experience and his long and able service to his country will guide him in such a way that no American soldier will come to harm in foreign lands under this treaty, I, with reluctance, shall support the treaty with the committee reservations.

The VICE PRESIDENT. The question is on agreeing to the resolution of ratification as amended by the committee reservation. The yeas and nays having been ordered, the clerk will call the roll.

The legislative clerk called the roll.

Mr. SALTONSTALL. I announce that the Senator from Maryand [Mr. BUTLER], the Senator from Ohio [Mr. TAFT], and the Senator from Oregon [Mr. MORSE] are necessarily absent.

If present and voting the Senator from Maryland [Mr. BUTLER] would vote "nay" and the Senator from Oregon [Mr. MORSE] would vote "yea."

Mr. CLEMENTS. I announce that the Senator from New Mexico [Mr. CHAVEZ] and the Senator from Massachusetts [Mr. KENNEDY] are necessarily absent.

The Senator from Texas [Mr. DANIEL],

the Senator from Arkansas [Mr. FULBRIGHT], the Senator from West Virginia [Mr. KILGORE], and the Senator from Mississippi [Mr. STENNIS] are absent by leave of the Senate.

I announce further that if present and voting, the Senator from West Virginia [Mr. KILGORE] Would vote "yea."

The yeas and nays resulted-yeas 72, nays 15, as follows:

State considers that there has been an abuse of any immunity or privilege conferred by this Agreement, consultations shall be held between that State and the Organisation, or between the States concerned, to determine whether any such abuse has occurred, and, if so, to attempt to ensure that no repetition occurs. Notwithstanding the foregoing or any other provisions of this Agreement, a Member State which considers that any person has abused his privilege of residence or any other privilege or immunity granted to him under this Agreement may require him to leave its territory.

PART II.—THE ORGANISATION

Article 4

The Organisation shall possess juridical personality; it shall have the capacity to conclude contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings.

Article 5

The Organisation, its property and assets, wheresoever located and by whomsoever held, shall enjoy immunity from every form of legal process except in so far as in any particular case the Chairman of the Council Deputies, acting on behalf of the Organisation, may expressly authorise the waiver of this immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution or detention of property.

Article 6

The Senate, as in Committee of the Whole, proceeded to consider the agreement, Executive U (82d Cong., 2d sess.), an agreement on the status of the North Atlantic Treaty Organization, National Representatives and International Staff, signed at Ottawa on September 20, 1951, together with a signed extract from the summary record of a meeting of the North Atlantic Council Deputies held on December 12, 1951, correcting certain errors in the French text of that agreement, which was read the second time, documents belonging to it or held by it shall

as follows:

AGREEEMENT ON THE STATUS OF THE NORTH ATLANTIC TREATY ORGANISATION, NATIONAL REPRESENTATIVES AND INTERNATIONAL STAFF The States signatory to the present Agreement,

Considerating that for the exercise of their functions and the fulfilment of their purposes it is necessary that the North Atlantic Treaty Organisation, its international staff and the representatives of Member States attending meetings thereof should have the status set out hereunder,

Have agreed as follows:

PART I.-GENERAL
Article 1

In the present Agreement,

(a) "the Organisation" means the North Atlantic Treaty Organisation consisting of the Council and its subsidiary bodies;

(b) "the Council" means the Council established under Article 9 of the North Atlantic Treaty and the Council Deputies;

(c) "subsidiary bodies" means any organ, committee or service established by the Council or under its authority, except those to which, in accordance with Article 2, this Agreement does not apply;

(d) "Chairman of the Council Deputies" includes, in his absence, the Vice-Chairman acting for him.

Article 2

The present Agreement shall not apply to any military headquarters established in pursuance of the North Atlantic Treaty nor, unless the Council decides otherwise, to any other military bodies.

Article 3

The Organisation and Member States shall co-operate at all times to facilitate the proper administration of justice, secure the observance of police regulations and prevent the occurrence of any abuse in connexion with the immunities and privileges set out in the present Agreement. If any Member

The premises of the Organisation shall be inviolable. Its property and assets, wheresoever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of interference.

Article 7

The archives of the Organisation and all be inviolable, wherever located.

Article 8

1. Without being restricted by financial Controls, regulations or moratoria of any kind,

(a) the Organisation may hold currency of any kind and operate accounts in any currency;

(b) the Organisation may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency at the most favourable official rate of exchange for a sale or purchase as the case may be.

2. In exercising its rights under paragraph 1 above, the Organisation shall pay due regard to any representations made by any Member State and shall give effect to such to do so. representations in so far as it is practicable

Article 9

The Organisation, its assets, income and other property shall be exempt:

(a) from all direct taxes; the Organisation will not, however, claim exemption from rates, taxes or dues which are no more than charges for public utility services;

(b) from all customs duties and quantitative restrictions on imports and exports in the Organisation for its official use; articles respect to articles imported or exported by imported under such exemption shall not be disposed of, by way either of sale or gift, in the country into which they are imported except under conditions approved by the Government of that country;

(c) from all customs duties and quantitative restrictions on imports and exports in respect of its publications.

Article 10

While the Organisation will not as a general rule claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless, when the Organisation is making important purchases for official use of property on which such

duties and taxes have been charged or are chargeable. Member States will whenever possible make the appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article 11

1. No censorship shall be applied to the official correspondence and other official communications of the Organisation.

2. The Organisation shall have the right to use codes and to despatch and receive correspondence by courier or in sealed bags, which shall have the same immunities and privileges as diplomatic couriers and bags.

3. Nothing in this Article shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a Member State and the Council acting on behalf of the Organisation.

PART III.-REPRESENTATIVES OF MEMBER STATES Article 12

Every person designated by a Member State as its principal permanent representative to the Organisation in the territory of another Member State, and such members of his official staff resident in that territory as may be agreed between the State which has designated them and the Organisation and between the Organisation and the State in which they will be resident, shall enjoy the immunities and privileges accorded to diplomatic representatives and their official staff of comparable rank.

Article 13

1. Any representative of a Member State to the Council or any of its subsidiary bodies who is not covered by Article 12 shall, while present in the territory of another Member State for the discharge of his duties, enjoy the following privileges and immunities:

(a) the same immunity from personal arrest or detention as that accorded to diplomatic personnel of comparable rank;

(b) in respect of words spoken or written and of acts done by him in his official capacity, immunity from legal process;

(c) inviolability for all papers and documents;

(d) the right to use codes and to receive and send papers or correspondence by courier or in sealed bags;

(e) the same exemption in respect of himself and his spouse from immigration restrictions, aliens registration and national service obligations as that accorded to diplomatic personnel of comparable rank;

(f) the same facilities in respect of currency or exchange restrictions as are accorded to diplomatic personnal of comparable rank;

(g) the same immunities and facilities in respect of his personal baggage as are accorded to diplomatic personnel of comparable rank;

(h) the right to import free of duty his furniture and effects at the time of first arrival to take up his post in the country in question, and, on the termination of his functions in that country, to re-export such furniture and effects free of duty, subject in either case to such conditions as the Government of the country in which the right is

being exercised may deem necessary;

(i) the right to import temporarily free of duty his private motor vehicle for his own personal use and subsequently to re-export such vehicle free of duty, subject in either case to such conditions as the Government of the country concerned may deem necessary.

2. Where the legal incidence of any form of taxation depends upon residence, a period during which a representative to whom this Article applies is present in the territory of another Member State for the discharge of his duties shall not be considered as a period of residence. In particular, he shall be exempt from taxation on his official salary and emoluments during such periods of duty. 3. In this Article "representative" shall be deemed to include all representatives, ad