Page images

converting it to a hospital for the treatment


The VICE PRESIDENT. Without obof neuropsychiatric patients; to the Com

jection, it is so ordered. mittee on Veterans Affairs. By Mr. ARENDS:

WEDNESDAY, JULY 15, 1953 H. Con. Res. 132. Concurrent resolution fa

ORDER OF BUSINESS voring universal disarmament; to the Com (Legislative day of Monday, July 6,

Mr. KNOWLAND. For the informamittee on Foreign Affairs.


tion of the Senate, the Senator-desigBy Mr. HAYS of Arkansas: H. Con. Res. 133. Concurrent resolution fa The Senate met in executive session at nate from North Carolina is present tovoring universal disarmament; to the Com 12 o'clock meridian.

day to take the oath of office, and I shall mittee on Foreign Affairs.

Dr. Harold W. Tribble, president, Wake ask unanimous consent that the Senate By Mr. DODD:

Forest College, Wake Forest, N. C., offered may go into legislative session for the H. Con. Res.134. Concurrent resolution fa the following prayer:

purpose of having the oath administered voring universal disarmament; to the Com

to him. mittee on Foreign Affairs.

Eternal God, our Father, for all the

We shall then immediately resume the By Mr. MCCORMACK:

blessings upon our Nation in the past, executive session, for the purpose of conH. Res. 338. Resolution authorizing the that have come out of the bounty of Thy sidering the NATO status-of-forces payment of salaries of 50 pages of the House grace, we give Thee the gratitude of our

agreements. during recess or adjournment of the 83d Conhearts. In the name and in the spirit

Mr. President, I ask unanimous congress; to the Committee on House Adminis

of Christ, we invoke Thy blessings upon sent that the Senate may proceed to the tration.

the session of the Senate today. Let Thy consideration of legislative business, for

spirit breathe divine wisdom upon Thy the purpose of administering the oath MEMORIALS

servants here, that in all decisions Thy to the Senator-designate from North Under clause 3 of rule XXII, memorials will may be done.


Especially do we pray today for the were presented and referred as follows:

The VICE PRESIDENT. Without obnew Senator, that he may be given jection, it is so ordered. By the SPEAKER: Memorial of the Legis- strength of mind, body, and spirit to lature of the State of Wisconsin, memorializ

Mr. JOHNSON of Texas. Mr. Presiserve God, his country, and mankind, to dent, I suggest the absence of a quorum. ing the President and the Congress of the

the very best of his ability, in a manner United States to authorize immediate devel

The VICE PRESIDENT. The Secreopment of the St. Lawrence seaway project; that will be pleasing unto Thee.

tary will call the roll.

We shall give Thee the praise for all to the Committee on Public Works.

The legislative clerk proceeded to call Thy gifts, as we pray for wisdom in using the roll. them in Thy service. Through Jesus

Mr. KNOWLAND. Mr. President, I Christ our Lord. Amen. PRIVATE BILLS AND RESOLUTIONS

ask unanimous consent that the order

for the quorum call be rescinded, and Under clause 1 of rule XXII, private

that further proceedings under the call bills and resolutions were introduced and


be dispensed with. severally referred as follows:

On request of Mr. KNOWLAND, and by The VICE PRESIDENT. Without obBy Mr. ALLEN of California:

unanimous consent, the reading of the jection, it is so ordered.
H. R. 6292. A bill for the relief of the West Journal of the proceedings of Tuesday,
Coast Meat Co.; to the Committee on the July 14, 1953, was dispensed with.


Mr. HOEY. Mr. President, Hon. WilH. R. 6293. A bill for the relief of Tom


liam B. Umstead, Governor of North Chong; to the Committee on the Judiciary. A message in writing from the Presi- Carolina, has appointed a successor to By Mr. KILBURN:

dent of the United States submitting a the late lamented Senator Willis Smith. H. R. 6294. A bill for the relief of Savas nomination was communicated to the The Senator-designate is Hon. ALTON A. and Aphrodite Avgerinos; to the Committee Senate by Mr. Miller, one of his secre- LENNON, of Wilmington, N. C. His creon the Judiciary. taries.

dentials have been presented to the SenBy Mr. McDONOUGH:

ate, and I am sending forward the cerH. R. 6295. A bill for the relief of George Masirevich; to the Committee on the Judi


tificate. I ask that he may be permitted

to take the oath of office. ciary.

A message from the House of Repre The VICE PRESIDENT. The clerk H. R. 6296. A bill for the relief of Evangelos sentatives, by Mr. Bartlett, one of its will read the certificate. John Statherakos, also known as Edmond J.

clerks, announced that the House had Stather; to the Committee on the Judiciary. passed the following bill and joint reso

The legislative clerk read as follows: By Mr. REECE of Tennessee:

To the PRESIDENT OF THE SENATE OF THE H. R. 6297. A bill for the relief of Darinka lution, in which it requested the concur

UNITED STATES: Gavrilovic; to the Committee on the Judirence of the Senate:

This is to certify that pursuant to the ciary.

H. R. 6078. An act to amend Public Law power vested in me by the Constitution of By Mr. SHORT:

874 of the 81st Congress so as to make im the United States and the laws of North H. R. 6298. A bill for the relief of Lee

provements in its provisions and extend its Carolina, I, William B. Umstead, the GovJung I; to the Committee on the Judiciary.

duration for a 2-year period, and for other ernor of said State, do hereby appoint ALTON By Mr. TEAGUE: purposes; and

A. LENNON a Senator from said State to repH. R. 6299. A bill for the relief of Miss Reta

H. J. Res. 293. Joint resolution to permit resent said State in the Senate of the United articles imported from foreign countries for

States until the vacancy therein, caused by Hohmann; to the Committee on the Judithe purpose of exhibition at the Washing

the death of Senator Willis Smith, is filled ciary. ton State Third International Trade Fair,

by election, as provided by law. By Mr. ZABLOCKI: Seattle, Wash., to be admitted without pay

Witness: His excellency, our Governor, H. R. 6300. A bill for the relief of Sister ment of tariff, and for other purposes.

William B. Umstead, and our seal hereto Mary Joanne (Frances Hsia); to the Com

affixed at Raleigh, N. C., this 10th day of mittee on the Judiciary.

July, in the year of our Lord nineteen hunH. R. 6301. A bill for the relief of Sister ORDER FOR TRANSACTION OF

dred and fifty-three. Mary Lily (Lucy Chang); to the Committee

ROUTINE BUSINESS on the Judiciary.

Governor. H. R. 6302. A bill for the relief of Sister Mr. KNOWLAND. Mr. President, I

By the Governor: ask unanimous consent that following

[SEAL] Mary Anne (Lillian Chung); to the Commit

THAD EURE, tee on the Judiciary. action on the status-of-forces agree

Secretary of State. H. R. 6303. A bill for the relief of Sister ments, and after the Senate has resumed The VICE PRESIDENT. The certifiMary George (Cecilia Yin); to the Commit the consideration of legislative business, cate of appointment will be placed on tee on the Judiciary.

there may be the customary morning file. H. R. 6304. A bill for the relief of Sister hour to permit Senators to transact If the Senator-designate will present Mary Mario (Lucia Tsung); to the Commit- regular routine business under the usual himself at the desk, the oath of office will tee on the Judiciary. 2-minute limitation on speeches.

be administered to him.

WM. B. Ustedernor.

Mr. LENNON, escorted by Mr. HOEY, Mr. WILEY. If I correctly understand be affected by the pending agreement. advanced to the Vice President's desk; the import of the question, my answer is The other agreement would still be valid. and the oath required by law was admin that this resolution relates to an agree Mr. FREAR. I do not want to get into istered to him by the Vice President. ment between NATO countries and our a prolonged debate on this subject, but

The VICE PRESIDENT. The Chair Government. It does not involve the the discussion does serve to clear up the would like to point out that Dr. Tribble, United Nations.

question in my mind as to the resolution who delivered the prayer today, is the Mr. FREAR. However, the United of ratification, because the paragraph I president of Wake Forest College, of states is mentioned as a nation. I am cited is a very important one. which the new Senator from North Caro- asking the Senator whether that part of Mr. WILEY. I thank the Senator very lina is a graduate.

the United States on which the United much for his constructive questions. I Nations buildings are located in New merely wish to say, if it will help toward

York is considered by him to be a part clarifying the situation, that all of us COMMITTEE SERVICE of the United States.

know very well that we do not have to On motion by Mr. JOHNSON of Texas, Mr. WILEY. I think the headquarters accept diplomats who come to this counit was,

agreement defines the status of that par try. Many times diplomats are declared Ordered, That the junior Senator from ticular piece of land. However, answer to be persona non grata. Therefore I North Carolina [Mr. LENNON] be assigned ing again the first question, I should say believe the situation is very clear. We to service on the Committee on the District that, of course, our Government has full are still absolutely in control of the sitof Columbia and the Committee on Gov- and complete control over anyone com

uation. ernment Operations.

ing to our shores. If anyone, after he Mr. FREAR. I thank the Senator

leaves the United Nations' grounds, is from Wisconsin. STATUS OF FORCES AGREEMENT OF guilty of violating our laws in any way, The VICE PRESIDENT. The ques

tion is on agreeing to the resolution of PARTIES TO THE NORTH ATLAN- he is subject to our laws, as I under

stand, with the possible exception of a ratification as amended by the commitTIC TREATY ORGANIZATION diplomat.

tee reservation. On this question the Mr. KNOWLAND. Mr. President, I

Mr. FREAR. As I understand, the yeas and nays have been ordered. move that the Senate proceed to the con- Senator has said that a previous agree Mr. BRICKER. Mr. President, I do sideration of executive business.

ment was entered into by the United not wish to delay a vote on the question, The motion was agreed to; and the States and other members of the United I spoke to the issue yesterday and disSenate proceeded to the consideration Nations which gives a certain sanctity to cussed its various phases. However, in of executive business.

persons of other nations when they occ - closing the debate there are one or two The Senate resumed the consideration cupy the premises of the United Nations,

cupy the premises of the United Nations, points which I wish to emphasize before of the agreement, Executive T (82d now in the city of New York.

a vote is taken. Cong., 2d sess.), an agreement between Mr. WILEY. Those who represent It is a strange situation that we in the the parties to the North Atlantic Treaty members of the United Nations.

Senate should be called upon to vote regarding the status of their forces, Mr. FREAR. Would this agreement in upon a treaty which barters away the insigned at London on June 19, 1951. any manner change the former agree alienable constitutional rights of AmerMr. KNOWLAND. Mr. President, a ment, or the agreement which has been

ment, or the agreement which has been ican soldiers on foreign soil. Of all the parliamentary inquiry.

entered into by the United States in con- people whom we ought to protect in their The VICE PRESIDENT. The Senator junction with other members of the inalienable rights, guaranteed by the will state it. United Nations?

Constitution to all American citizens, Mr. KNOWLAND. What is the pend Mr. WILEY. I think my first response are the men who wear the uniform of our ing question?

would answer that question. I will say country and who are pledged to defend The VICE PRESIDENT. The ques- again that in my judgment it has no those principles with their lives. tion is on agreeing to the resolution of impact whatever on any previous law in Yet here for the first time, so far as I ratification, as amended by the commit- that connection.

know, the Senate is asked to barter away tee reservation, with respect to the agree

Mr. FREAR. I thank the Senator. I those rights of Americans in uniforms, ment, Executive T, the status of forces am sure the senior Senator from Wis many of whom have been drafted, and agreement.

consin is thoroughly familiar with the those who were not drafted or who enMr. KNOWLAND. On that question subject, whereas the junior Senator from listed were sent abroad nevertheless I ask for the yeas and nays.

Delaware is not. He is only trying to without their consent, to approximately The yeas and nays were ordered.

clear up in his own mind the question of 40 countries all over the world. Mr. FREAR. Mr. President, before the

the protection which is given to citizens The State Department has taken care roll is called on this question, may I have of the United States against any for- of its representatives.

of its representatives. They are given permission to ask a few questions of the

eigner coming into this country, whether immunity. They are paid good salaries. chairman of the Foreign Relations Com- he be on the United Nations property in They obtain their positions because of

New York, or whether he be on any other political "pull" or because of personal mittee? property in the United States.

contacts in many instances. They are The VICE PRESIDENT. The Senator

Mr. WILEY. Of course, the distin- safely protected. The Constitution goes may proceed.

guished Senator from Delaware realizes with them wherever they go, and the flag Mr. FREAR. I find on my desk today

that before an alien could get on the folds over them in full protection. Yet the amended resolution of ratification.

United Nations property he would have the men who defend their right to repreIn the second paragraph it is stated:

to enter the United States; and we have sent this country are denied the same It is the understanding of the Senate,

full and complete control in that respect. immunity in the treaties we are asked which understanding inheres in its advice

We could decline to accept the visa. We to ratify. and consent on the ratification of the agreement, that nothing in the agreement dimin

could stop anyone from coming into New Never before has such a situation been ishes, abridges, or alters, the right of the

York. We have perfect control in that presented to the Senate. I was impressed United States of America to safeguard its regard.

yesterday when the acting majority own security by excluding or removing per

Mr. FREAR. Do I correctly under- leader read to the Senate a letter from sons whose presence in the United States is stand from what the Senator has just the President of the United States. I deemed prejudicial to its safety or security, said that any elected representative of respect the President. He was a great. and that no person whose presence in the United States is deemed prejudicial to its

any foreign country to the United Na- military leader. I hope and pray and be. safety or security shall be permitted to enter

tions could be prohibited from entering lieve that he will be a great President. or remain in the United States.

the United States, even though he was a when the pages of history finally unfold

representative of a member of the United the story. In that connection, I should like to ask Nations?

Let it not be forgotten that the many the distinguished chairman of the For Mr. WILEY. I would have to have a who presented to the Senate their pleas eign Relations Committee whether or not few more facts before me. The Senator to ratify the treaty, which would barter the United Nations property located in from Delaware said "any elected repre away the rights of American soldiers in the city of New York is considered a part sentative.” We have an agreement in

sentative.” We have an agreement in uniform, enjoy immunity, and are proof the United States.

relation to that subject, and it would not tected under the proposed treaties. Let

it be remembered also that the repre state has complete jurisdiction in crim our troops go to Turkey or Egypt, those sentatives of the State Department are inal matters—and if I do not quote the countries can apply their laws to our likewise protected. I know that pleas Senator correctly I wish he would cor troops if they commit crimes either outfor ratification came to the Senate from rect me—both in regard to crimes com side or inside their line of duty. high places. But yesterday I presented mitted outside the line of duty and mili Mr. FERGUSON. Yes. for the RECORD 12 or 14 petitions that tary crimes committed inside the line Mr. BRICKER. That is exactly what came from soldiers, from their wives, of duty.

I said that the Senator said. from their mothers, and from their Mr. FERGUSON. No. I said that in Mr. FERGUSON. That is why this friends. They are the little men who do ternational law, so far as Americans are treaty is of value, because it prescribes not have a lobbyist walking up and down concerned, as laid down by Chief Justice certain conditions, and also says to our the Halls of the Capitol at this hour. Marshall, held that a person was subject commanding officers and to our SecreThey are the men who do not have tele- to the laws of the army if nothing is tary of State, “You shall watch over phonic contact with Senators on the said as to the admission of that army these men, to see that they obtain justice floor of the Senate, pleading with them in going through a state or in occupa according to the principles of American to please ratify the treaty without any tion of a state.

institutions.” That is why I shall vote amendment or reservation, and to barter Mr. BRICKER. To which army does for the treaty. away the rights of our men in uniform. the Senator refer? Does he refer to our Mr. BRICKER. But the treaty does It is our responsibility. It is our duty Army or to the other army?

not do that. The treaty turns our solas Senators to give to them the protec Mr. FERGUSON. Any army coming diers over to the host countries, the oction that America has always given to ir:to America. . I said furthermore that cupied countries, and defies and annuls her men in uniform wherever they may international law was only what the the rule laid down by Chief Justice be sent under the flag, or wherever their country admitted it to be. Great Brit- Marshall, instead of following it. mission may take them.

ain passed a law giving sole jurisdiction Mr. President, I wish to discuss for the I was a little shocked yesterday at the to the American Army over American record the so-called understanding statement of the Senator from Michigan personnel in Great Britain. However, which was submitted by the committee. [Mr. FERGUSON] with respect to what they did not recognize the law as Chief I wish particularly to ask a question. At he considers international law to be. He Justice Marshall stated it to be. That is the very beginning the committee said said that when our soldiers go into a for- what I said.

this treaty is not to be a precedent. Mr. eign country they are subject to the laws Mr. BRICKER. They do recognize it, President, if the treaty is a good thing, of the country even with respect to mili- because they passed a statute in accord- why is it not to be a precedent? Is there tary crimes committed. I had not heard ance with it.

some fear about the treaty or are there that theory advanced before yesterday. Mr. FERGUSON. Yes; but they did some misgivings about the treaty, so that What would have been the situation, I not recognize it as international law. the committee wishes to say the treaty ask the Senator from Michigan, with re They passed their own statute.

will not be a precedent and will not have spect to the soldier who was picked up Mr. BRICKER. Has there ever been to be followed in the case of other counin the State of Pennsylvania after he was a time when Great Britain assumed tries? discharged from the Army, and flown jurisdiction over an American soldier, It seems to me we are confronted with back to Korea, to be tried there? Of except in the one instance I referred to an anomalous situation, when the Forcourse, he would be tried by an American either on their soil or on the soil of any eign Relations Committee, in reporting court-martial in Korea. An order has of its dependencies?

the treaty, says, “But it is not to be now been issued by a Pennsylvania court Mr. FERGUSON. In 1949 Great a precedent." Mr. President, if the requiring those who took him from Britain joined Belgium, Luxembourg, treaty is good for one place, why is it Pennsylvania to show cause why he France, and some of the other countries not good for any other place in the should not be returned. If the Senator in a treaty which applied the law of the world? from Michigan is correct in his interpre- land in such instances.

In the reservation or the understandtation of international law, that man, Mr. BRICKER. But now there is no ing submitted by the committee, no obwhen he goes back to Korea, could be

I may have misunderstood the ligation of any kind or character is tried by the Korean courts, regardless of Senator in what he said yesterday. placed upon any other country, accordthe crime he committed, that is, whether Mr. FERGUSON. The Senator from ing to this treaty arrangement. The unit be a crime committed while in camp on Ohio certainly misunderstood me.

derstanding is simply a pious statement military duty or outside the military Mr. BRICKER. If there is no treaty, of what ought to be done by the State compound or outside of his military if our armies go into foreign countries Department, all of whose personnel are duties. The Pennsylvania courts then under the circumstances they are in already protected and are already given could not issue any order to anyone to NATO countries at the present time, who immunity. Yet our troops are to rely return that man to this country.

will have jurisdiction in the case of upon the good will and compassion of Mr. FERGUSON. Mr. President, will crimes committed by United States sol the foreign countries and the will of our the Senator yield?

diers outside the line of duty? This Secretary of State to plead with those Mr. BRICKER. I yield. question is a hypothetical one.

countries, participants hereto, to do right Mr. FERGUSON. I believe if the Sen Mr. FERGUSON. John Marshall said by our boys who are in uniform, after ator will read what I said he will find that in camp, in rank, and in the per- they are turned over to those countries. that I stated international law was clear formance of their duty, the law of the Mr. President, the treaty is a clear in holding the law could be changed by military applies. There is no doubt of recognition of the fact that once the juconsent if an army is marching through that. He went further, and said there risdiction of the foreign land attaches the territory of another country. In is an implied understanding, then, that to our soldiers in uniform, there is, acternational law holds that so long as the international law would be that the cording to the terms of the treaty, no the army is in camp or in ranks it is army's law would apply to them.

way under the sun whereby the United considered that there is an implied Mr. BRICKER. Yes; that is our mili States can ever regain control over these agreement that the law of the army ap tary code. And the same would be true delivered-over

delivered-over servicemen. They will plies—I said an implied agreement—but in the case of crimes committed by the be deprived of their right of appeal to if the army is not admitted under those military while in the line of duty; I agree the court of military justice. They will circumstances, then of course any agree with the Senator from Michigan.

likewise be deprived of their right of ment can be made as to the admission Mr. FERGUSON. Let me pick out a appeal to the President of the United of that army.

country at random; for instance, let me States. I said further that the difficulty with say that if some of our military men were Mr. President and Members of the international law is that it is only that to enter Turkey or Egypt today, those Senate, I shall never cast my vote to which the sovereign state is willing to countries can certainly apply the law barter away the rights of United States accept. of the land if they want to.

soldiers who are offering their lives to Mr. BRICKER. The host state.

Mr. BRICKER. Who can?

preserve the country we represent, who Mr. FERGUSON. The host state.

Mr. FERGUSON. Egypt or Turkey. are offering their lives, if need be, to Mr. BRICKER. In the absence of any Mr. BRICKER. That is what I defend the very Constitution that I, as treaty or any understanding the host thought the Senator said yesterday. If a Senator of the United States, am duty

bound, I believe, to say shall follow them In the case of the NATO countries, vation was defeated and we now have wherever they are sent by their Govern we are not sending our troops there solely before us the treaty, without the reserment, so that they may have the pro for the benefit of the protection of those vation. tection of the inalienable rights that countries. On the contrary, our troops As I view the situation, Mr. President, United States citizens have at home, and are being sent there by us in order to I must now choose as between two evils, should have wherever their Government maintain a mutual defense system for or I should say what I think is the lesser sends them.

the benefit of a free world of freemen. of the two. In the colloquies which took Mr. KNOWLAND. Mr. President, I Mr. President, I believe that with a place yesterday between the junior Sen. do not intend to take more than 5 min clear conscience, and mindful of our ator from New Jersey and the Senator utes, if that long.

oath to protect and defend the Consti- from Michigan, the Senator from MichiHowever, I do not wish to have go tution of the United States, the Senate gan conceded that this was virtually unchallenged the statement of the jun can and should overwhelmingly ratify so. We have to choose between the evil ior Senator from Ohio, when he said these treaties.

of existing executive agreements, which this treaty barters the rights of United Mr. MCCARTHY. Mr. President, on have proved themselves to be extremely States soldiers.

yesterday, when the vote was taken on faulty, and the evils which may attend After all, this treaty was negotiated the Bricker reservation, I was engaged

the Bricker reservation, I was engaged certain weaknesses in this treaty. by the last President of the United in the performance of my duties in con Mr. President, because of the fact that States. Although I happen to belong nection with the Senate Subcommittee I have unfailing faith in the President to a different political party from the on Investigations, and was therefore nec of the United States, because I have one to which the last President of the essarily absent from the Senate. I called complete confidence that his long miliUnited States belongs, yet he took the the secretary to the majority and told tary experience and his long and able same oath of office the present President him that when the vote was taken on service to his country will guide him in of the United States took, and he would the treaty I wanted him to pair me with such a way that no American soldier will not knowingly barter away the rights of another Senator, and to do so along the come to harm in foreign lands under this United States citizens. The present line of thought of the Senator from Cali treaty, I, with reluctance, shall support President of the United States took just fornia [Mr. KNOWLAND) on the matter. the treaty with the committee reservaas solemn an oath to protect and de At that time, I, of course, assumed that tions. fend the Constitution of the United the Bricker reservation would be agreed The VICE PRESIDENT. The quesStates and he would not barter away the to; I could not conceive of the possibility tion is on agreeing to the resolution of rights of United States soldiers or of

of its being defeated. Through no fault ratification as amended by the commitany other group of United States citi

of the secretary to the majority, he tee reservation. The yeas and nays havzens.

paired me against the Bricker reserva ing been ordered, the clerk will call the The fact of the matter is—and the

tion. That was entirely contrary to my roll. RECORD of yesterday is quite clear on this feeling about it. I now ask to have the The legislative clerk called the roll. point that the new chairman of the RECORD corrected to show that I was not

Mr. SALTONSTALL. І announce Joint Chiefs of Staff, Admiral Radford; paired against the Bricker reservation, that the Senator from Maryand [Mr. General Ridgway, who had the respon- but that I was for it.

BUTLER), the Senator from Ohio [Mr. sibility as the Supreme Commander of The VICE PRESIDENT. The correc

TAFT], and the Senator from Oregon the NATO forces in Europe; Admiral tion will be made.

[Mr. MORSE] are necessarily absent. Carney, who was in command in the Mr. MCCARTHY. Mr. President, I

If present and voting the Senator Mediterranean, and is to be our Chief of may say that I had gone over the treaty

from Maryland (Mr. BUTLER] would Naval Operations; General Norstad, then carefully and had decided that, if the

vote “nay" and the Senator from Orecommander of the Air Force there; and Bricker reservation were adopted, I could

gon [Mr. MORSE] would vote "yea.” General Gruenther, who presently is then in clear conscience support the

Mr. CLEMENTS. I announce that commander of the NATO forces in Eu- treaty. Now that the Bricker reserva

the Senator from New Mexico (Mr. rope, all have said they believe that rati- tion has been defeated, I feel that the

CHAVEZ] and the Senator from Massafication of these treaties is essential both treaty is a dangerous one, and for that

chusetts [Mr. KENNEDY] are necessarily to the future of NATO and to the secu reason I intend to vote against it.

absent. rity of the United States. All of them Mr. FERGUSON. Mr. President, I feel are vitally interested in their men,

The Senator from Texas (Mr. DANIEL), that the status-of-forces treaty does not

the Senator from Arkansas [Mr. FULUnited States soldiers, who are serving take away the rights of any American overseas. soldier. As the law now stands, I feel

BRIGHT], the Senator from West Virginia I say there is not one iota of evidence that when our military forces are in a

[Mr. KILGORE), and the Senator from to indicate that either the last adminis- foreign country, as some of them now

Mississippi [Mr. STENNIS] are absent by tration or the present administration has are, as friends and allies, rather than as

leave of the Senate. bartered away the rights of United occupational forces or as conquerors, I announce further that if present States soldiers or other citizens.

then the law of the host country applies, and voting, the Senator from West VirI believe the Senator from Michigan to be administered as that country may ginia [Mr. KILGORE] would vote "yea." is correct. He pointed out yesterday that see fit to administer it. I believe that

The yeas and nays resulted-yeas 72, when our Armed Forces go into another the same rule would apply were the sit nays 15, as follows: sovereign nation, not when they occupy uation reversed, and armed forces of for

YEAS72 it as conquerors following a victorious eign powers were in our country as in


Mansfield war, but when they go into another vitees.

Anderson Green

Martin sovereign nation by permission of its The treaty would provide certain safe. Barrett

Griswold Maybank

McClellan government, we respect that nation's guards. Instead of taking away rights,


Hendrickson Millikin sovereignty. In that case we are not it would in effect confer upon the Amer


Hennings Monroney dealing with colonials or with a situa ican soldier rights under a treaty, as far

Hickenlooper Mundt

Butler, Nebr. Hill tion in which the other country is sub-, as that can be done by treaty. I said


Neely ject to our laws and our constitution. yesterday, and I say again today, that

Capehart Holland

Pastore On the contrary, our forces enter that international law throughout the world Carlson

Humphrey Payne country which is sovereign in the same unfortunately is merely what the nations Case


Clements Ives

Purtell way that the United States of America are willing to say it is. I therefore think


Robertson is sovereign and in those circumstances, that, with our present allies, we are ac Cordon

Johnson, Colo. Saltonstall the two countries are equals. I think one quiring rights rather than giving them Douglas

Johnson, Tex. Smith, Maine Duff

Kefauver Smith, N. J. thing that is greatly to the credit of the away.


Sparkman United States is that although we may Mr. HENDRICKSON. Mr. President,


Knowland Symington have had the power and the strength to on yesterday the junior Senator from Ferguson Kuchel

Flanders Langer

Tobey do so, nevertheless in sending our troops New Jersey voted to support the Bricker


Lehman Watkins to a smaller nation we did not attempt reservation. I did so with deep con


Wiley to brush aside its laws and constitution. victions. However, the Bricker reser Goldwater Magnuson




State considers that there has been an abuse duties and taxes have been charged or are Bricker Johnston, s. C. Russell

of any immunity or privilege conferred by chargeable. Member States will whenever Dirksen Long Schoeppel

this Agreement, consultations shall be held possible make the appropriate administrative Dworshak Malone


between that State and the Organisation, or arrangements for the remission or return of Frear McCarran Welker

between the States concerned, to determine the amount of duty or tax.
McCarthy Williams
whether any such abuse has occurred, and,

Article 11

if so, to attempt to ensure that no repetition Butler, Md.

1. No censorship shall be applied to the Fulbright Morse

occurs. Notwithstanding the foregoing or Chavez

official correspondence and other official comKennedy Stennis

any other provisions of this Agreement, a Daniel

munications of the Organisation.

Member State which considers that any per-
son has abused his privilege of residence or

2. The Organisation shall have the right The VICE PRESIDENT. On this vote any other privilege or immunity granted to

to use codes and to despatch and receive the yeas are 72, the nays are 15. Two

him under this Agreement may require him correspondence by courier or in sealed bags, thirds of the Senators present having to leave its territory.

which shall have the same immunities and

privileges as diplomatic couriers and bags. voted in the affirmative, the resolution


3. Nothing in this Article shall be conis agreed to and the agreement is ratified.

Article 4

strued to preclude the adoption of approMr. KNOWLAND. Mr. President, I

The Organisation shall possess juridical priate security precautions to be determined ask unanimous consent that the two re- personality; it shall have the capacity to by agreement between a Member State and maining treaties be voted on en bloc. conclude contracts, to acquire and dispose the Council acting on behalf of the Organisa

tion. They do not involve the same question. of movable and immovable property and to The VICE PRESIDENT. Without ob- institute legal proceedings.

PART III.-REPRESENTATIVES OF MEMBER STATES jection, the treaties will be voted on en

Article 5

Article 12 bloc.

The Organisation, its property and assets,

Every person designated by a Member State wheresoever located and by whomsoever held, as its principal permanent representative

shall enjoy immunity from every form of to the Organisation in the territory of anAN AGREEMENT RELATING TO THE legal process except in so far as in any par other Member State, and such members of STATUS OF THE NORTH ATLANTIC ticular case the Chairman of the Council his official staff resident in that territory as

Deputies, acting on behalf of the OrganisaTREATY ORGANIZATION

may be agreed between the State which has tion, may expressly authorise the waiver of designated them and the Organisation and The Senate, as in Committee of the this immunity. It is, however, understood between the Organisation and the State in Whole, proceeded to consider the agree

that no waiver of immunity shall extend to which they will be resident, shall enjoy the

any measure of execution or detention of ment, Executive U (82d Cong., 2d sess.),

immunities and privileges accorded to diploproperty.

matic representatives and their official staff an agreement on the status of the North

Article 6

of comparable rank. Atlantic Treaty Organization, National

The premises of the Organisation shall be Representatives and International Staff, inviolable. Its property and assets, where

Article 13 signed at Ottawa on September 20, 1951, soever located and by whomsoever held, shall

1. Any representative of a Member State to together with a signed extract from the be immune from search, requisition, confis

the Council or any of its subsidiary bodies summary record of a meeting of the cation, expropriation or any other form of present in the territory of another Member

who is not covered by Article 12 shall, while North Atlantic Council Deputies held interference.

Article 7 on December 12, 1951, correcting certain

State for the discharge of his duties, enjoy

the following privileges and immunities: errors in the French text of that agree The archives of the Organisation and all

(a) the same immunity from personal ment, which was read the second time, be inviolable, wherever located.

documents belonging to it or held by it shall arrest or detention as that accorded to diploas follows:

matic personnel of comparable rank; Article 8

(b) in respect of words spoken or written AGREEEMENT ON THE STATUS OF THE NORTH

ATLANTIC TREATY ORGANISATION, NATIONAL 1. Without being restricted by financial and of acts done by him in his official REPRESENTATIVES AND INTERNATIONAL STAFF controls, regulations or moratoria of any capacity, immunity from legal process; kind,

(c) inviolability for all papers and docuThe States signatory to the present Agree

(a) the Organisation may hold currency

ments; ment, of any kind and operate accounts in any

(d) the right to use codes and to receive Considerating that for the exercise of their currency;

and send papers or correspondence by courier functions and the fulfilment of their pur

(b) the Organisation may freely transfer

or in sealed bags; poses it is necessary that the North Atlantic its funds from one country to another or

(e) the same exemption in respect of himTreaty Organisation, its international staff within any country and convert any currency

self and his spouse from immigration reand the representatives of Member States held by it into any other currency at the

strictions, aliens registration and national attending meetings thereof should have the most favourable official rate of exchange for

service obligations as that accorded to dipstatus set out hereunder, a sale or purchase as the case may be.

lomatic personnel of comparable rank; Have agreed as follows: 2. In exercising its rights under paragraph

(f) the same facilities in respect of curPART 1.- GENERAL 1 above, the Organisation shall pay due re

rency or exchange restrictions as are accorded Article 1 gard to any representations made by any

to diplomatic personnal of comparable rank; Member State and shall give effect to such

(g) the same immunities and facilities in In the present Agreement, (a) “the Organisation” means the North to do so. representations in so far as it is practicable respect of his personal baggage as are ac

corded to diplomatic personnel of compaAtlantic Treaty Organisation consisting of

Article 9

rable rank; the Council and its subsidiary bodies; The Organisation, its assets, income and

(h) the right to import free of duty his (b) "the Council" means the Council other property shall be exempt:

furniture and effects at the time of first established under Article 9 of the North At

(a) from all direct taxes; the Organisation

arrival to take up his post in the country in lantic Treaty and the Council Deputies; (c) "subsidiary bodies” means any organ, will not, however, claim exemption from

question, and, on the termination of his rates, taxes or dues which are no more than

functions in that country, to re-export such committee or service established by the charges for public utility services;

furniture and effects free of duty, subject in Council or under its authority, except those

(b) from all customs duties and quantita

either case to such conditions as the Governto which, in accordance with Article 2, this tive restrictions on imports and exports in

ment of the country in which the right is Agreement does not apply; respect to articles imported or exported by

being exercised may deem necessary; (d) “Chairman of the Council Deputies” the Organisation for its official use; articles

(i) the right to import temporarily free includes, in his absence, the Vice-Chairman imported under such exemption shall not be

of duty his private motor vehicle for his own acting for him. disposed of, by way either of sale or gift, in

personal use and subsequently to re-export Article 2 the country into which they are imported ex

such vehicle free of duty, subject in either The present Agreement shall not apply cept under conditions approved by the Gov

case to such conditions as the Governto any military headquarters established in ernment of that country;

ment of the country concerned may deem pursuance of the North Atlantic Treaty nor, (c) from all customs duties and quantita

necessary. unless the Council decides otherwise, to any tive restrictions on imports and exports in

2. Where the legal incidence of any form other military bodies. respect of its publications.

of taxation depends upon residence, a period

during which a representative to whom this Article 3

Article 10

Article applies is present in the territory of The Organisation and Member States shall While the Organisation will not as a gen another Member State for the discharge of co-operate at all times to facilitate the eral rule claim exemption from excise duties his duties shall not be considered as a period proper administration of justice, secure the and from taxes on the sale of movable and of residence. In particular, he shall be observance of police regulations and prevent immovable property which form part of the exempt from taxation on his official salary the occurrence of any abuse in connexion price to be paid, nevertheless, when the and emoluments during such periods of duty. with the immunities and privileges set out Organisation is making important purchases 3. In this Article “representative" shall be in the present Agreement. If any Member for official use of property on which such deemed to include all representatives, ad

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