Evening star., 1951-06-02
Senate Probers Told
Reds Suffered Big
Setback in Asia

Setback in Asia
A partial tert OF Secretary OF
State AcheSon's testimony today
before a Joint Senate committee
| follot0S:
1 Senator Wiley-Mr. Secretary,
find in the ticker this morning
this statement from London:
Britain is in touch with the
United States, the Commonwealth
countries and other interested
governments on the possibility Of
a truce in Korea, authoritative
quarters said today. These sources
said that the Foreign Secretary
Herbert Morrison. has made new
approach to interested govern
ments with a view to ending the
Korean war by negotiation"
| What do you know about that?
Secretary AcheSon-I don't
know anything about that. sir.
Senator Wiley-Here is another
dispatch:
Tokyo: 1t. Gen. James A. Van
Fleet said today that the United
States 9th Army has quit chas-
ing Reds in North Korea, but will
continue to block Communist ag-
gression."
Do you know anything about
that?
Secretary AcheSon-No. That
lis statement of military opera
tionS which / am not competent
to comment on.
senator Wiley-Well, what
am getting at. does it comply with
our political policy that we should
quit chasing the Reds and just
must block Communist aggres-
sion? Is that our policy?
Secretary Acheson-I think
that's a statement of the military
situation. He is just describing
what has happened in this par
'ticular tactical advance.
Political Policy Questioned.
Senator Wiley-I realize that
is what it purports to be. Now
1 am asking what our political
policy is. Does it coincide with
this quit chasing the Reds and
just block Communist aggres-
sion?" What is our policy there
now?
Secretary Acheson-Senator, \
think We are talking about two
Slightly different things. I think
what Gen. Van Fleet is doing is
describing his military operations,
and I think. as I understand his
statement. it is that in the pres
ent state of that operation he has
stopped his advance. Now he may
go on to say because the other
fellows are stopping their advance,
or whatever the military reason
is. At any rate he has done that.
Now, as far as our purpose in
Korea is concerned, we were dis
cussing that yesterday. and tried
to point out that it was to repel
this armed attack and to restore
peace and security in the area.
Senator Wiley-Mr. Secretary,
a few days ago I had a little diff
ference with my colleagues on the
committee over a question I asked
Gen. Bradley. I want to read into
the record at this time a little
statement from a wonderful
article in the Yale Law Review
under title of Government I'm
munity From Discovery" written
by two very prominent lawyers.
1 read as follows:
Historically the claim of exec-
utiVe immunity founders upon
the ruling of Chief Justice Mar
shall in the Burr case; harkS back
to royal prerogative which found
Scant favor on our soil and even
in the field of sovereign immunity
is regarded in increasing disfavor.
In a state that rests upon the con-
sent of the governed, the claim of
the Government to greater privi-
leges than accorded citizens must
rest not on administrative con-
VenlenceS, not on archaic notions
or prerogatives alien to our insti-
tutions, but on genuine necessity.
Our Nation has again and again
risen above partisan strife because
of general confidence in the fair
ness of the Government. That
confidence is indispensable to con-
tinuance of our domestic institu-
tions. 1t can only be impaired by
governmental claims of special
privilege against the citizenry."
Wiley Repeats Passage.
I repeat: 1T can only be i'm
paired by governmental claims of
special privilege against the citi-
zenry."
On page 1853 is this statement:
1T was on this state of facts
that Chief Justice Marshall ruled.
He said, That the President of
the United States may be sub
poenaed as witness and required
to produce any paper in his pos
session is not controverted.'
Now, in the Burr case, the Pres
ident was party. To me, at least,
investigating the reasons for the
recall of Gen. Macarthur, the
President is in the position volun-
tarily of justifying his act, and
thus, to all intents and purposes,
he is a party.
He apparently voluntarily sub
mitS his Secretary of State, his
Chief of Staff and other advisers
to establish his position before the
bar of public opinion; and at the
present time he has given no rea-
son for not permitting the Chiefs