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June 80, 1966 CONGRESSIONALYRECORD - SENATE
applied by the court in the famous' case of
Shelley v. Kraemer, 334 U.S. 1, which held
(1948) that state court enforcement of re-
strictive covenants which have for their pur-
pose the exclusion of persons of designated
race or color from ownership or occupancy
of real property could not be justified.
But-even in so holding, the Court said:
"Since the decision of this Court in the
Civil Rights cases, 1883, 109 V.S. 3, the prin-
ciple has become firmly embedded in our
constitutional law that the action inhibited
by the first section of the Fourteenth Amend-
ment is only such action as may fairly be
said to be that of the States. That Amend-
ment erects no shield against merely private
conduct, however discriminatory or wrong-
ful." (334 U.S. at p. 13, emphasis added.)
As late as March 28, 1966, the Court said:
"This has been the view of the Court from
the beginning. . It remains the Court's
view today." 86 S. Ct. 1170, at p. 1176.
And just two months before (Jan. 17,
1966), Mr. Justice Douglas had written in
Evans, at al. v. Newton, et al., 86 S. Ct. 486,
488: "There are two complementary prin-
ciples involved in this case. One is the right
of the individual to pick his own associates
so as to express his preferences and dislikes,
and to fashion his private life by joining such
clubs and groups as he chooses."
And further, p. 489:
"If a testator wanted to leave a school or
center for the use of one race only and in no
way implicated the State in the supervision,
control or management of that facility, we
assume arguendo that no constitutional diffi-
culty would be encountered."
Despite these established principles of
Constitutional Law, the Attorney General of
the United States, on May 4, 1966, com-
menced his discussion (before the House
Committee) of the Housing Title by saying:
"In the Civil Rights Act of 1866 Congress
declared:
"'All citizens of the United States shall
have the same right, in every State and Ter-
ritory, as is enjoyed by white citizens thereof
to inherit, purchase, lease, sell, hold, and
convey real and personal property." (42
U.S.C. 1982)'"
That is a correct statement.
It is also correct to say that this section
was formerly Section 1978 of the Revised
Statutes, and 8 V.S.C. ? 42. When so desig-
nated it was considered by the Supreme
Court of the United States in Hurd v. Hodge,
834 U.S. 24, and of it (pp. 31-32) the Court
said:
"We may start with the proposition that
the statute does not invalidate private re-
strictive agreements so long as the purposes
of these agreements are achieved by the
parties through voluntary adherence to the
terms. The action toward which the provi-
sions of the statute under consideration is
directed is governmental action. Such was
the holding of Corrigan v. Buckley, supra."
(271 U.S. 323, 46 S. Ct. 521) (Emphasis
added)
Corrigan V. Buckley, as well as Hurd v.
Hodge, involved restrictive covenants as to
the sale of real estate. The former involved
dwelling houses on "S" Street between 18th
and New Hampshire Avenues In the City of
Washington. In it (271 U.S. at page 330) the
Court said:
. the prohibitions of the Fourteenth
Amendment 'have reference to State action
exclusively, and not to any action of private
Individuals: . . . 'It is state action of a par-
ticular character that is prohibited. Indi-
vidual invasion of individual rights is not
the subject-matter of the Amendment.' Civil
Rights Cases, 109 U.S. 3, 11 . . . It is obvious
that none of these amendments prohibited
private individuals from entering into con-
tracts respecting the control and disposition
of their own property; , .. (Emphasis added)
No. 108-5
? At page 331, ' considering, among others,
the very statute which the Attorney General
took as his text, the Court said:
It is obvious, upon their face, that
whole they provide, inter alia, that all per-
sons and citizens shall have equal right with
white citizens to make contracts and acquire
property, they, like the Constitutional
Amendment under whose sanction they were
enacted do not in any manner prohibit or
invalidate contracts entered into by private
individuals in respect to the control and dis-
position of their own property." (Emphasis
added)
The Court which so stated was headed by
Chief Justice Taft, and had among its mem-
bers Justices Holmes, Brandeis and Stone.
There were no dissents.
Despite this established law of the land the
Attorney General seeks to have Congress
enact legislation banning and rendering
illegal "contracts entered into by private in-
dividuals" and acts and actions of private
individuals, and seeks to justify such legis-
lation "primarily on the Commerce clause
of the Constitution and on the Fourteenth
Amendment." "I have no doubts whatso-
ever" he says, "as to its constitutionality."
So far as the Fourteenth Amendment is
concerned, I have no doubts whatsoever as
to its unconstitutionality unless the Supreme
Court should, for some reason, overrule a
continuous line of authorities extending over
a period from 1883 to March of 1966.
As to the Commerce clause, I merely say
that since the decisions in the Heart of
Atlanta Motel case, 379 U.S. 241, and Katzen-
bach v. McClung, 379 U.S. 294, I do not pre-
tend to know just what the scope of the
Commerce clause is.
I do suggest that in the Heart of Atlanta
Motel case, the opinion of the Court consid-
ered and deemed "without precedential
value" the decision in the Civil Rights cases
because the 1875 Act there involved broadly
proscribed discrimination in inns etc.
"without limiting the categories of affected
businesses to those impinging upon inter-
state commerce." (p. 250)
"In contrast" said the Court (p. 250-1)
"the applicability of Title II is carefully
limited to enterprises having a direct and
substantial relation to the interstate flow
of goods and people, except where state ac-
tion is involved."
In the McClung case, the Court considered
the application of Title II "to restaurants
which serve food a substantial portion of
which has moved in commerce." (p. 298)
In Title IV of 5-3296, I do not find any
reference to the commerce clause, or its
language, or any words indicating that the
discriminations sought to be banned have
any relation whatever to the interstate flow
of goods and people.
If A refuses to rent a dwelling to B because
of B's race, color, religion, or national origin,
(Title IV ? 403 (a)), it Is impossible for me
to see how commerce between the States is
affected in the remotest degree.
The impossibility, as far as I am concerned,
extends to ?? 403-(b-e), and to Section 404,
although I have read what the Attorney Gen-
eral said on that phase of the subject matter.
(Pages 21, et seq. of his statement to the
House Committee.)
The Attorney General seems to rely greatly
on Wickerd v. Filburn, U.S.
wherein the Court held that the Agricul-
tural Adjustment Act could validly apply to
a farmer who sowed, only 23 acres of wheat,
almost all of which was consumed on his
farm.
I live in a dwelling which I purchased in
1919. I have lived in it continuously since.
The mortgage which formerly covered it has
long since been removed. If its brick or
hardware or plaster or paint ever "moved" in
interstate commerce, they have long since
14127
come to rest. If I should refuse to sell that
house to a person because of his race, color,
religion or natural origin, would I be sub-
ject to the sanctions of Title IV?
CONCLUSION
I cannot conceive of a better reply to the
statement of the Attorney General to which
I have referred than words of Mr. Justice
Hugo Black uttered March 24, 1966 in his
dissent in the case of Harper, at al. Appel-
lants v. Virginia State Board of Elections, et
al., 86 S. Ct. 1079, 1087-8.
They are, I think, particularly apt and
timely because of the appeal which is being
made to the Congress to disregard the past
adjudications of the Court, to disregard the
Constitution, and to substitute for them its
own conceptions of right and wrong, to en-
act a law said to be "designed to help achieve
equality in the market place." (p. 15)
Justice Black's words follow: "The Court's
justification for consulting its own notions
rather than following the original meaning
of the Constitution, as I would, apparently
is based on the belief of the majority of the
Court that for this Court to be bound by
the original meaning of the Constitution is
an intolerable and debilitating evil; that our
Constitution should not be 'shackled to the
political theory of a particular era,' and that
to save the country from the original Consti-
tution the Court must have constant power
to renew it and keep it abreast with this
Court's more enlightening theories of what
is best for our society. It seems to me that
this is not only an attack on the great value
of our Constitution itself but also on the
concept of a written constitution which is to
survive through the years as originally writ-
ten unless changed through the amendment
process which the Framers wisely provided.
Moreover, when a 'political theory' embodied
in our Constitution becomes out-dated, it
seems to me that a majority of the nine
members of this Court are not only without
constitutional power but are far less quali-
fied to choose a new constitutional political
theory than the people of this country pro-
ceeding in the manner provided by Article
V."
I suggest therefore that the Congress ought
not to be asked to enact a statute, and cer-
tainly should not enact it merely because
the Court may test its validity not by estab-
lished constitutional principles but by some
"new constitutional political theory."
That far in my quoting from Justice Black
he was treating of the Court's power and
duty.
He proceeded:
"The people have not found it impossible
to amend their Constitution to meet new
conditions. The Equal Protection clause it-
self is the product of the people's desire to
use their constitutional power. to amend the
Constitution to meet new problems."
I interpolate-So are the Income Tax
Amendment, and the Direct Elections of Sen-
ators Amendment and the Woman Sufferage
Amendment. So was the Prohibition Amend-
ment, and Its repealing amendment. So was
the amendment limiting the terms of service
of a President. When one man was elected
President four successive terms, the people
acted as provided in the Constitution.
Justice Black proceeded:
"Moreover, the people, in ? 5 of the Four-
teenth Amendment, designated the govern-
mental tribunal they wanted to provide
additional rules to enforce the guarantees of
that Amendment. The branch of govern-
ment they chose was not the Judicial Branch
but the Legislative. I have no doubt at all
that Congress has the power under ? 5 to,
pass legislation to abolish the poll tax in
order to protect the citizens of this country if
it believes that the poll tax Is being used
as a device to deny voters equal protection
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14128
of the law. See my concurring and dissent-
ing opinion in South Carolina V. Katzen-
bach, 86 S. Ct. 803."
It is quite clear that discriminatory use
by the State of a poll tax created by state
statute would be "state action" and there-
fore subject to control by appropirate legis-
lation under the Fourteenth Amendment
(? 5). In the Katzenbach case (at p. 832)
Justice Black had said: "I have no doubt
whatever as to the power of Congress .
to enact the provisions of the Voting Rights
Act of 1965 dealing with the suspension of
state voting tests that have been used .
to deny and abridge voting rights on racial
grounds." (Emphasis added)
It Is equally clear that Congress does not
have the power under ? 5 to pass legislation
preventing "discrimination" if the discrimi-
nation, consists of wrongs done by individ-
uals. (86 S. Ct. at 1176) "This has been the
view of the Court from the beginning . . .
It remains the Court's view today." 86 S.
Ct. 1176 (March 28, 1966).
MANPOWER SERVICES ACT OF
1966-TECHNICAL CORRECTIONS
Mr. DIRKSEN. Mr. President, I ask
unanimous consent that the Secretary
of the Senate make some corrections in
8. 2974, which are entirely technical.
The bill was passed yesterday and those
correctipns should be made.
"The/ACTING PRESIDENT pro tem-
their Intransigence Is both futile and self- of the Administration to act sooner can be
destructive. explained only by its reluctance to bear the
I hope, Mr. President, that the Com- diplomatic risks. And this reluctance must
mander in Chief now moves toward a have been overcome, finally, by the elaborate
policy of continuing the military prey- analysis of the probable civilian casualties
which
sure. I believe that we should, in the these str turn led to the er basiiall that call near future, move to blockade or mine nature of the air warn All air alter
e
involves
Haiphong Harbor. I am certain that jeopardy to civilians close to target areas,
most Americans fully support these at- and the attack on communications no doubt
tacks on military targets which make has been quite as destructive of civilian life
clear our purpose to friend and foe alike. as the oil storage attacks.
They do so confident that it is the short- It Is perfectly obvious, from the figures
est road to peace and will contribute used by Secretary of Defense Robert Me-
greatly in terms of saving the lives of our mamara, that the effort to interdict the move-
men in uniform. meat of troops and supplies from air attack
has not stopped infiltration from the North.
Mr. President, I ask unanimous con- And it is clear that despite a heavy assault on
sent to have printed in the RECORD edi- such communications, the North 'Viet-
torials which appeared in the Washing- namese have been able to mount an increas-
ton Star on June 29, and in the Wash- Ing assault.
ington Post On June 30. It is the lesson of World War II all over
There being no objection, the editori Strategic again. British analysis Germany hgic Air Offensive Against Germany had
ad
were ordered to be printed in the RECORD, to say of the offensive against German com-
as follows: munications: "The impression still remains
[From the Evening Star, June 29, 1966] that the immense power of the strategic
HITTING WHERE IT HURTS forces was not used in the attacks on com-
The bombin raids on fuel storage areas munications in such a manner as to produce
g th
e most rapid end to the resistance of the
near Haiphong and Hanoi presumably mean enemy:'
that President Johnson, after much hesita- The same report said that the attacks on
tion, has decided to strike at targets that oil depots, on the contrary, had "important
are truly vital to the enemy's war of aggres- results on the last German efforts of resist-
sion against South Viet Nam. This deci- ance." Elsewhere the experts of the British
sion, in our opinion, is both right and neces- survey concluded that "the attack on oil
sary. made a large contribution to the Allied vic-
Crrier-based planes struck at storage tory." In estimating the strategic air effort two dumps
f H i miles from the center of tas a whole
the British
,
o
postwar survey con-
BOMBING OF STRATEGIC OIL AND 40 y pong'
These tanks about eluded that 'none of the other means: of
percent of North Viet Nam's fuel supply- pressure could have been applied with such
GAS SUPPLIES SUPPORTED oil that is vital not only to the trucks which success if the attack on oil had not taken
Mr. CANNON. Mr. President, the haul supplies into South Viet Nam but also place."
to the operation of the North Vietnamese In- Hopes for the success of this attack in a
President of the United States yesterday dustrial plant. The second strike was made different environment must not be exagger-
ordered the bombing of strategic oil and by Air Force planes against fuel dumps three ated. The attack on Germany included as-
gas supplies in the Haiphong and Hanoi miles from the center of Hanoi. Both at- saults on oil production facilities as well as
area. Much comment has ensued in tacks were described. as "highly successful," storage. In this case, the production facili-
support or condemnation of this action. and smoke was sighted 35,000 feet above the ties lie outside the target country. in ad.df-
I wish to make my views understood at Hanoi target. United States sources say no tion, the North Vietnamese have no great
this time. planes were lost, although Hanoi claims that mechanized forces to be immobilized by a
I Support the action taken by the seven were downed. The returning pilots lack of petrol as the German force of 1500
said anti-aircraft fire at Hanoi was heavy, tanks in Upper Silesia was immobilized, and
President without reservation and, in but relatively light at Haiphong. In the way other German units were deprived
fact, urged him to make this type of de- The decision to go after the storage dumps of the power of tactical maneuver. Still, al-
eision late last year and again early this reportedly was made at a Security Council though air attack may be less effective than
year. meeting last week. When word of the deci- It was in Europe, there is no doubt that the
It has been clear for some time that president had changed first appeared that the air arm now has struck at the best enemy
the North Vietnamese were wholly un- ged his mind and that target at hand.
responsive to our request, indeed our the attacks might not be made. One asserted It is important that the United States
pleas, to join us at the conference table reason was that the prematuran after-the- the est target for
e disclosure forces maintain a clear distinction between
in a peaceful resolution of the struggle event upsetexplanationelaborate ofa theorconsiderations worst one. The worst one is operations
aIr the
clearlya civilian
which has engulfed the unhappy people which went into the making of the decision. Populations. It is the worst target not only
of South Vietnam. This statement has It does not seem to us, however, that the because military results are not achieved, but,
been true since the failure of the cease President owes an explanation to anyone, in addition, because the World War II evi-
fire some 6 months ago which we initi- The fuel dumps are military, not civilian dence indicates that the effects of area bomb-
ated without results. , targets. That they would be attacked was Ing of civilians, far from weakening the will
As I wrote the President on January indicated 10 days ago when Mr. Johnson said to resist, may strengthen it. And if this was
28 of this year, I believe that our policy the United States "would continue to raise true in Germany, of a sophisticated urban
has suffered in southeast Asia just as it the cost of aggression at its source." This population, it is even more likely to be true
suffered in Korea from a too-hea re- source certainly includes military objectives of the population of North Vietnam
vy in the Han
T
i
h
H
i
-
o
e
a
phong area. loss of
the comforts and conveniences of
fiance on civilian advice and reluctance Now that this first blow has been struck, urban society would have even less effect in
to permit the military commanders to similar raids can be expected in the future. such a country,
accomplish our limited objectives. Hopefully, they will persuade Hanoi that the There is not much doubt that Americans
The results of yesterday's bombing of time has come for an honorable peace set- will overwhelmingly support the attack upon
the oil and gas depots in my opinion tlement. If not, then the administration is targets of such obvious military eligibility
will hasten the end of this war more than left with no choice except to destroy the as oil dumps; and there is not much doubt
any protestation of peace made by the enemy's means of maintaining his aggres- that opinion in the United States and else-
administration. I concur completely sion. where would overwhelmingly oppose delibex'-
with the chairman of the Senate Armed ate assaults on population centers.
effect, win this war or get out. The practical military arguments for bomb- ORDER OF BUSINESS
29 will ar or
Events of June w
represent an im- ing the oil storage facilities of North Viet- Mr. RANDOLPH. Mr. President, I ask
Dam are so compelling and persuasive that unanimous consent that at the concuu-
portant step in bringing about a growing the delay in mounting this attack is more sion of the regular 3-minute speeches In
realization In Hanoi and Peking that surprising than the event. The unwillingness the morning hour, and any reports to be
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CONGRESSIONAL RECORD - SENATE June 30, 1966
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June 30, 1966
filed from committees on regular busi-
ness of the Senate, I be permuted to ad-
dress the Senate for' 2;0 .minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
GRAND- CANYON DAMS
Mr. CASE. Mr. President-
Leave It as it is. You cannot improve on it.
The ages have been at work on it, and man
can only mar it.
So spoke President Theodore Roosevelt
on May 6, 1903, during a visit to the
Grand Canyon of the Colorado. T.R.'s
advice is as sound today as it was 63
years ago.
Yet at a time when the President is
pressing a campaign to preserve natural
beauty, Congress is being asked to ap-
prove a plan that would destroy a great
part and radically change what re-
mained of the Grand Canyon of the
Colorado, a canyon which T.R. described
as absolutely unparalleled .throughout
the rest of the world.
Under the pending proposal, the Colo-
rado River would be dammed at points
north-Marble Gorge-and possibly
south-Bridge Canyon-of the Grand
Canyon National Park and National
Monument. The length of the Grand
Canyon National Monument and 13 miles
of the national park would be flooded be-
hind Bridge Canyon dam.. The Marble
Gorge dam would create a lake 300 feet
deep behind it and would inundate 50
miles of the upper. Grand Canyon.
These dams would be constructed for
the ultimate purpose of bringing water
into and central Arizona. The dams
themselves will not produce a drop of
water for that region, or for any other
,region. Rather, electricity to be gen-
erated by the impounded water will be
sold at a profit to help pay for diverting
water from somewhere else into the
Phoenix-Tucson area. In other words,
the dams are a financing gimmick aptly
described by the Bureau of Reclamation
as "cash registers."
To provide this fiancing device, the
Grand Canyon would' be sacrificed. For
myself-and I believe most Americans
feel the same way-I would rather pay
the additional taxes that would be re-
quired to fund the water diversion proj
ect than to sell what I regard as the
birthright of our people for a mess of_
pottage. Moreover, there is already
serious doubt that the, project will be as
profitable financially as its proponents
claim. If that should turn out to be the
case, we will end up paying for much of
it anyway through subsidies to make up
the loss,
Despite what many believe, the dam-
age caused by the dams would not be lo-
calized. This is because the 280-mile-
long canyon is a physical entity, the
creation of a free-flowing river. With
the installation.of twg.dams, or even one,
this natural process would be seriously
impaired, perhaps even halted. As some
conservationists have put it, a living
laboratory of stream erosion would be
turned into a static museum piece.
There are many strong reasons for op-
posing the shackling of the Colorado with
additional dams: Foremost among these,
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of course, is the irreparable damage to a
national treasure.
Experts in conservation point out that
the dams would actually waste water
through evaporation and seepage in a
water-short region, that technological
advances in power generation may offer,
in a few years, cheaper power than the
dams would ever produce, and that per-
mission to invade one national park un-
doubtedly would be used as a precedent
for invading others.
Over and beyond all the technological,
economic, and legal reasons for opposing
the dams is the unassailable fact that a
unique wonder of nature would be de-
stroyed for all time.
Has not the time come to distinguish
between an exploitable natural resource
and a resource immune from exploita-
tion? The Grand Canyon should-it
must-fall into the latter category. For
unless we can make the canyon forever
inviolable, how can we hope to protect
any of our parks, beaches, wildlife
refuges, and the like?
The natural beauty of our land, in
fact our whole environment, is an irre-
placeable asset. If we want to preserve
it, we must bend ourselves to the task,
mindful of the disciplines that may be
required.
Congress, of course, has recognized
that water supply and distribution is a
national, not merely a local or State
problem. Just this year the Senate
passed a bill creating a National Water
Commission which would make a 5-year
study of the Nation's water problems.
But we can meet this problem, as we
can meet all of our problems, without
despoiling our other natural resources.
In the case of the Grand Canyon of the
Colorado, Theodore Roosevelt told the
Nation how to treat this natural phe-
nomenon and Congress should follow his
advice:
"What you can do is to keep it for your
children, your children's children, and for all
who come after you, as one of the great
sights which every American if he can travel
at all should see. We have gotten past the
stage, my fellow citizens, when we are to be
pardoned if we treat any part of our country
as something to be skinned for two or three
years for the use of the present generation,
whether it is the forest, the water, the scen-
ery. Whatever it is, handle it so that your
children's children will get the benefit of it."
And I repeat T.R.'s words:
Leave it at is. You cannot improve on
it. The ages ave been at work on it, and
man caiA at1 mar it."
OUR PRESIDENT'S DECISION
Mr. YOUNG of Ohio. Mr. President,
it is evident that our President has
yielded to many Of the militarists and
our generals who seem to regard their
mission as waging all-out war instead of
directing their energies toward main-
taining the peace.of the world. It is
evident he yielded to the. continuing de-
mands of members of the Joint Chiefs
of Staff. No doubt the decision of our
Commander in Chief to bomb areas in
the suburbs of Hanoi, the densely popu-
lated capital of North Vietnam, and the
oil depots, docks, and port installations
in and around Haiphong, the chief port
of North Vietnam, has made the Gen.
Curtis LeMays and our Chiefs of Staff
Personally I had hoped against hope
that our President would direct another
bombing pause of North Vietnam for a
period of 15 days and in that interim
would have made every effort seeking the
cooperation of U Thant, U.N. Secretary
General, and Prime Minister Wilson of
the United Kingdom to make a final fur-
ther attempt to bring about an armistice
and cease-fire in Vietnam at a confer-
ence to which delegates representing the
Hanoi and Saigon governments were in-
vited to participate and, in addition, dele-
gates representing the National Libera-
tion Front, or Vietcong.
The President instead has chosen the
course to fight the war to military vic-
tory. He has made the ultimate deci-
sion. Where it will ultimately lead no
man knows. Prime Minister Wilson of
Great Britain, our greatest ally, has de-
finitely and publicly disassociated him-
self and his nation from us. We have
lost this ally. France and Great Britain
are, therefore, both now alined against
us and our policies in escalating and ex-
panding our offensive in North Vietnam.
Apparently no nations in Asia are now
sympathetic toward our belligerency ex-
cept Australia, New Zealand, and South
Korea.
For the first time in modern history we
are fighting a war practically alone,
abandoned by our allies and friends and
in a faraway Asiatic country, Vietnam,
which is of no strategic or economic im-
portance to the defense of the United
States; never has been and never will be.
"ON GOING IT ALONE"-PARTIAL
TEXT OF REMARKS OF SENATOR
KUCHEL AT FRESNO STATE COL-
LEGE COMMENCEMENT
Mr. KUCHEL. Mr. President, on June
8, 1966,.I was honored to be invited to
speak at the commencement exercises
of Fresno State College, Fresno, Calif.
I ask unanimous consent that the partial
text of my remarks on that occasion be
placed in the RECORD at this point.
There being no objection, the extracts
were ordered to be printed in the REC-
ORD, as follows:
ON GOING IT ALONE
(Partial text of remarks by U.S. Senator
THOMAS H. KUCHEL at commencement
ceremonies of Fresno State College, June 8,
1966)
It is with a real sense of honor that I
participate in these commencement cere-
monies at Fresno State College, founded well
over a half-century ago by the people and
the government of our state, respected for
its successful pursuit of educational excel-
lence, its doors open to students of every
race or color, who desire to come here to
study and to learn. No place on earth is
more richly endowed by nature than the
vast valley of the San Joaquin. And of all
the progress that man, and our free society,
have achieved in this area, none offers
greater assurances for the future than the
annual product of Fresno State College.
I congratulate those who today receive de-
grees, who thus successfully close one stimu-
lating chapter in their life and who are about,
to enter the next. Our state and nation look
forward to having you participate, in one
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CONGRESSIONAL RECORD - SENATE June 30, 1966
fashion or another, in all the vast panorama
of public problems which continue to perplex
and plague all of us.
King Solomon said "knowledge is a won-
derful thing; therefore get knowledge: but
with all thy getting, get understanding."
Most of all we need to understand our
fellow man. You are not alone on this cam-
pus. You will not be alone in life. The
Scriptures say "It is not a good thing that
the man should be alone." Our own life
pattern is vastly affected by what others do,
whether they live around the corner or half-
way around the world. And, as this Is true
of the family, the campus or the community,
it is also true of nations. And for a long
time, our own beloved country followed an
official philosophy of going it alone-or any-
way of trying to.
The American Revolution was a successful
protest against denial of liberty. Our Ameri-
can heroes of that day decided we would
brook no interference from anybody in living
by ourselves. Our colonies determined that
they were going to set their own course, and
that what happened across the 'Atlantic
would be irrelevant to our own life and to
our own future. General Washington's stern
counsel admonished us to avoid entangling
alliances. Our few early foreign agreements
dealt only with international boundaries,
commerce and trade. They were hardly a
violation of our first President's rule. By
geography, we were effectively insulated from
life on other continents. God had given us
the great dividing oceans. The problems of
Europe and Asia, and beyond, were, we had
concluded, of no concern to us. This west-
ern hemisphere, indeed, only a part of it,
was all we cared for.
Over the generations, our wealth and
strength were growing. We were becoming
a power in the world whether we liked it
or not.. In the early part of this century
the United States became the world's largest
producer and consumer of steel, coal,
petroleum, and a large array of the other in-
dustrial items by which man reckoned pow-
er in those days. The United States led the
way In new forms of transportation and com-
munication which were bringing, men closer
together. The First world war hastened us
towards change.
The II ted States was regarded by the
rest of the world as a hopeful element in
world affairs. We were idealistic. We hoped
to outlaw war. In the 1920's, after the first
world war, we signed solemn treaties to
scuttle portions of our naval fleet, and, let
the record be clear, we carried out the pro-
visions, while other treaty signatories broke
their word.
In our young national adulthood, we were
like Gilbert and Sullivan's king "who wished
all men were as. rich as he, and he was as
rich as rich could be."
In the modern world wealth had come to
mean, power; and power meant responsibil-
ity. I suppose that it has always been
so.
The vast destruction wrought.by the Sec-
ond World War made it plain that the world,
as we knew it, could not endure if free
peoples continued to try to go it alone.
It was made plain, too, that the mantle of
world leadership for freedom had fallen upon
the United States. In 1946 Winston Church-
ill told the people of America they had
reached ". . . the highest point of majesty
and power ever attained since the fall of the
Roman Empire. This imposes a duEy on the
American- people which cannot be rejected.
With all great opportunities comes respon-
sibility."
So began the struggle to bind up Eu-
rope's wounds, to restore her economic well
being,, to rekindle her self-respect and to en-
courage faith in freedom. We strove to help
restore it system of free western nations en-
riched by the free exchange of views among
men. And at almost every step of the way,
sometimes openly, sometimes covertly, our
erstwhile ally, the Soviet Union, sought to
impede the reconstruction.
Here began a challenge to the rebuilding
of Western Europe, of preserving Western
culture and of creating stable self-govern-
ments of free peoples. That challenge has
become the major political fact of the Twen-
tieth Century. It has since spread from
Europe to almost every corner of the globe.
It has been the pre-occupation of the United
States almost as long as any of us can
remember.
Western Europe was deeply troubled in
the 1940s. The ravages of the war still re-
mained. The smaller states were afraid they
might be pulled into a Red vortex, for that
is what they saw happen to their eastern
neighbors. They began to talk of sharing
risks, of confronting danger together. Out
of that challenge there came the greatest
example of collective security our world has
ever known. The North Atlantic Treaty Or-
ganization-NATO-came into being as a
military defensive system against potential
Soviet aggression. It was designed to do
other things. It sought to assist in the quest
for dependable disarmament and arms con-
trol agreements. It sought to advance the
cause of peace in Europe and the Atlantic.
It sought to find peaceful means to settling
international disputes. The role of the Unit-
ed States, in the creation of NATO, was a
major one, for it would not have come into
existence without our wholehearted partici-
pation including our giant arsenal and our
own men. .I recall, with great pride, the
name of one of my illustrious predecessors,
Vandenberg of Michigan, who spoke out in
the Senate, almost two decades ago, to unite
our country in the realization that there
must be an interdependence among the free,
and that going it alone is not only perilous
for us, but impossible for almost every na-
tion on earth. It was Vandenberg who
pointed the way for our country to abandon
going alone as foreign policy.
As an American, I believe in the old Amer-
ican adage "in union there is strength." As
a member of the human race, jealous of his
own freedom and of yours, I believe that
like-minded nations should stand together
to promote both peace and freedom and to
deter aggression and war. Thus, I want the
Atlantic Alliance to continue. Meanwhile,
I want our country to maintain its role of
leadership and to continue its unrelenting
quest for proper control of the instruments
of war, and dependable disarmament agree-
ments among nations. We have taken a few
steps forward, of which the Nuclear Test
Ban Treaty is the most imposing. With
American leadership, more could come about.
I regret that our longtime friend, France,
did not join us Jn the Nuclear Treaty. I re-
gret also that France now, under her present
leadership, desires to cancel many of the
important military arrangements which have
been made under the North Atlantic Treaty
agreement. These are distressing signs that
France may desire to go It alone and to
abandon many of those close ties which have
so long linked us together. Just a few days
ago a spokesman for the Government of
France said:
"International crises no longer center in
Europe, but in Asia, and the majority of
NATO countries is not involved in Asia."
Graduating students, in this nuclear age,
in this era of outer space, in this time of un-
imagined speed in travel and transportation
and communication, what takes place any-
where on this earth must be of concern to
people everywhere.
Surely, the detonation by Communist
China of a third nuclear explosion shears
away any false hope for isolation from Asia,
of any European country, France included,
or if any other part of this planet.
I have never forgotten the words of Gen..
eral MacArthur to the American Congress it
decade and a half ago when he said:
"While Asia is commonly referred to as
the gateway to Europe, it is no less true that
Europe is the gateway to Asia, and the broad
influence of the one cannot fail to have its
impact upon the other."
What happens in Asia vitally concerns all
of Asia, vitally concerns the Soviet Union, all
of Europe, and all of the world, including the
United States.
It is true that a war is raging today in
Southeast Asia, and not in Europe, that the
United States 1s involved, and that the op-
pressed land of South Viet Nam represents
the most tragic, cruel crisis in today's world.
Our country is not alone. We receive tan-
gible military support from South Korea,
Australia, New Zealand and Thailand. The
Republic of the Philippines is providing
token support, with some other countries,
and has under consideration more wide-
spread assistance. Last year, the Prime Min-
ister of Australia said: "American Interven-
tion in Viet Nam was the greatest act of
moral courage since Britain stood alone in
the last World War."
They sympathies of many Asian lands are
with us. The Japanese Cabinet endorses
United States-Vietnamese policy as it is now
expressed and carried out, and Taiwan cer-
tainly does. Malaysia approves. Singapore
understands. And Indonesia, having abrupt-
ly severed the tentacles of Red China, as they
reached out to engulf her, is not about to
encourage Red Chinese hegemony elsewhere.
One Indonesian citizen recently told an
American, "Please, don't tell us how to
fight Communists."
We ardently pray that the crisis may be
brought, before long, to a peaceful conclu-
sion. It is to the credit of the American
Government, I think, that it has repeatedly
said it will go to the conference table at any
time.
We may even now be witness to the birth
of a new spirit of interdependence in Asia.
Within this past year, one billion dollars has
been subscribed for the creation of the Asian
Development Bank. The majority of this
sum came from Asian sources. By Act of
Congress, the United States joined, as it
minority stockholder, in this venture to hell)
provide a source of repayable loans for de-
velopment projects. The response to this
idea, and the speed with which the Bank
was organized, are unprecedented in the
history of the international capital market.
In Bangkok, early this month, the leaders
of Malaysia and Indonesia agreed to end
their quarrels and, together with their col.-
leagues from Thailand and the Philippines
agreed to form a new union of their peoples
emphasizing their common interests, and
recognizing their interdependence.
The nations of Asia see that they need
each other. They are learning that in posses-
sion of growing unity, and with the help of
other free nations in the world, they need
not succumb to the Red Chinese bully and
its misnamed "Wars of National Liberation."
The point I wish to make is that the world
is shrunken now to the point where armed
conflict, however localized, and in whatever
continent, is fully capable of quickly spread..
ing to engulf all the globe. It is false and
illusory to talk of Asia as not concerning
Europe or vice-versa, in what remains of this
Twentieth Century and beyond.
In, your life span, graduating students, as
before, the debate on going it alone will con?-
tinue. Some will want to return to an
isolation which really can never be. The
rest of us must determine how much of the
responsibility of leadership for freedom we
want our America to accept. Some day,
hopefully with your assistance, what Thomas
Jefferson called "the disease of liberty" will
inoculate all men.
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'132 CONGRESSIONAL RECORD - SENATE June 30, 1966
Communism does not require this totali- the defensive might Of the United ics, weaponry of all kinds, transistors, radar,
tarian approach. We shall remain strong, states.
firm, and rational. sonar, hydraulics and digital computers.
Meanwhile, look at what is happening in I was very glad to be asked to speak This submarine, and the United States
the Soviet World. Observe the changes that on the occasion of the launching. I ask Navy submarine fleet which she will join,
are occurring with the passage of time. The unanimous consent that a partial text all stand for peace. She demonstrates to any
vaunted economic system controlled by the of my remarks on that occasion be ggrression.l There can be nolquestion but that
dictatorship of the proletariat has given way printed in the RECORD at this point.
to all kinds of capitalistic heresies: the in-
There being our Ares, land and defensive might i e all the
terest rate, the profit motive, incentive re- no Objection, the extracts elements, land asea and air, deterred the
wards, and even some consumer sovereignty. were ordered to be printed in the RECORD, Soviet from successful nuclear blackmail in
war Kremlin has found that man does not as follows: Cuba, and, indeed, deterred them from ag-
live by doctrine alone, that he will work a GODSPEED TO THE "RAY"-LAVNCHING of gressive adventures against the West during
little harder so he can enjoy the fruits of Nucr,EAR SUBMARINE all of the Cold War. For the Soviet Union
his labor, if he can relax at the end of the Partial text of remarks by U.S. Senator respects power, and the Ray represents pre-
workday with some of the comforts of mod- THOMAS H. KUCHEL at the launching of the In cisely In that.
ern like, free from police-state fear. Ray (SS(N) 653) at Newport News, Va., the seemingly never-ending struggl-
I would agree with Henry J. Taylor that June 21, 1966) for freedom, spthe o people oo our beloved hick
keeping up with the Russians is really "ad-__ Today's have a responsibility of leadership which
vancing backward." Among the things we 's ceremonies witness the launching they cannot and must not shirk. After the
g of a new American undersea craft, dedicated War, Winston Churchill told our country,
would have to do to catch up are ". . to to the defense of our freedom, and christened in 1946, that we had reached "the highest
destroy about two-thirds of our railway with an historic and gallant name. I am point of majesty and power ever attained
mileage, 90 percent of our airlines, 60 percent honored at the request of the Secretary of since the fall of the Roman Empire. This
of our houses, 90 percent of our paved high- the Navy to speak on this occasion, From imposes a duty on the American people
ways, 19 out of 20 of our trucks and cars, the Valhalla of our naval heroes and of our which cannot be rejected. With all great
40 million television sets, 9 out of every 10 heroic naval ships, the spirit of the U.S.S. opportunities comes responsibility." I be-
telephones." Ray (SS-271) of the Second World War, and lieve the o
The captive peoples of Eastern Europe have of the Atlantic Alliance which followed, and surely ouroresponsibility does. In 1966,
become hostile to Soviet overlordship, and sends her Godspeed to the Ray (SS(N) 653) The struggle for freedom is global. In this
they have forced concessions of every kind, and to our fellow citizens who, as members shrunken planet, we live in a kind of con-
proving that Marxism's all-or-nothing push of our unconquerable United States Navy, gested world neighborhood. Fire or conflict
for domination must be tempered, or altered, will have the duty and the honor to man erupting in any continent directly affects
to say the very least. And throughout Cen- her.
tral Europe, the Church continues to stand all the rest of us, like a rock unmoved by the tidal wave of The earlier Ray commenced compiling her Today a war is raging in Southeast Asia,
like a roc tm whichsought e tidal wave of intrepid ,record in late 1943, and in the en- and the United States is participating in it.
engulf it. suing months of the War, in a fascinating I believe I speak for the great majority of unsuccessfully to In large areas of the world, Soviet and story of successful engagements with the our fellow citizens when I say that we shall
Chinela Communism have miserably failed. enemy, of sustaining injuries and of over- not repudiate our cherished goals nor aban-
Chin iCom u formulas of conquest failed, coming them, of facing dangers and repelling don the responsibility we have assumed. We
through
tinfiltration and suave them, always to return to patrol again and seek peace, we pray for peace. We want all
r rInfiltration
the peoples subversion,
Ghana, in the again, of sinking Japanese ships, she earned the members of the family of nations to be
been rejected
in ed by Malaysia, and peoples the Peven battle stars, the Navy Unit Commenda- free from attack or subversion by their
and in In Mal iy. Without regard Philippines, t cost s, tion, the Philippine Republic Presidential neighbors, and, surely the security of our
and to Indonesia. Communism Unit Citation Badge, and other awards, from own beloved Nation is directly connected to
from tthemselves, thy drove cwill New Guinea to Leyte to Okinawa. She was world stability and to the cause of a just
not their accept it lands. dogma in place countries i their converted in 1950 to a radar picket submarine, peace. Can you not take great inward com-
own traditionforeign . To them the aonflict der was cut in two and lengthened by 30 feet, fort and pride from our assistance to the
own Communism and tFree World Is and then went on to continue her remarkable weak and the stricken? Last year, the Prime
often Irrelevant. ommThey the
nFree World in career, joining in North Atlantic Treaty Minister of Australia said: "American in-
the triumph
often n of doctrine, but not the dynamics Organization exercises both in the Mediter- tervention in Vietnam was the greatest act
of their
own growth. in ranean and in Northern European waters, of moral courage since Britain stood alone
One has only to read Evtushenko's Bab ! and finally retiring with honor in 1960. She in the last World War."
Yar to sense the yearning of the gRub- was, in her life, invincible and indestructible, The Ray, in her service, will help us to
scan soul, once the the yearning inspiration of great re toi and and she bequeaths to this nuclear giant an maintain a vigilance for American freedom,
Sian souski. Today is i ation od to a dogma emblazoned name and a history of success, and for the liberty and self-respect of man.
gand good fortune, and "well done." The Ray, in her lifetime, will be a part of
whose falsity becomes clearer as time goes by. Just a handful of years ago, American a vast American defense establishment de-
The doctrines of Communism have failed; men of science found the key to unlock the signed to deter the use of force by the ene-
they have failed to satisfy. Its moribund secrets of the atom, and the world would reedom, or, if unhappily necessary,
spirit does not, cannot, minister to the spar- mils of f
itual of modern man. never again be the same. All the dimensions to defeat those enemies and to destroy their
Our own faith of not in dated slogans but by which power and energy had been gauged force. Meanwhile, we must try, through
in the w f h Is not in dated
our snsibut and measured suddenly had to be discarded, amity, and good will, and diplomacy, to find
in th let ki adpri to changing socurn- Nuclear, and subsequently thermonuclear peaceful means to settle international dis-
stanwhi to create new institutions, to make might, catapulted the human race into a new putes. We need constantly to appeal to
f,11 ce .,f create
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......