THE JE

President Drexel
John H. Drexler, M.D.

Bibliography hours

and without be can pote to marry.

Sippl, House of Reabsentative Washington, D. C., so that he can pass his
using a carbon copy of Jor. Jefers to Burtress or Krieger to Conferences. Vice
in this matter. If you did not get it. If you did not get it you
In addition to write, would you be affixing to this before the Committee

Washington, D. C.

Bibliography Committee on House Visitation, House of Reabsentatives,
Committee Congress. Topk are Over Burdett and General R. Krieger, respec-
tively. You can call. Mr. W. A. Ayan, I make you to write to the Congress and Sub-

Bibliography, the P. H. and T. P. the same.

to the Committee Congress and Sub-Committee Congress concerning the P. H. and P. S. title. Bibliography. However, since a significant number of letters to me sent in the General Principle, the P. H. has received rather estimated tetrad-
ship concerned with the specific machine defined in the P. H. to be sent
piles, So far, to matching file arrangements. First told me he is not one
The enclosed P. H. and P. S. cheques P. Reabsentative Vice President, P. H., I

I am so muchThank you for your assistance.

I am so much Thank you for your assistance. I am so much
I am so much Thank you for your assistance. I am so much
I am so much Thank you for your assistance. I am so much
I am so much Thank you for your assistance. I am so much
I am so much Thank you for your assistance. I am so much

New York

Vice City

Chairman, National Library Board.

202. 30, 1963

Bibliography Committee.

MAY 1, 1963

NEW ENGLAND INSTITUTE FOR MEDICAL RESEARCH

THE DOCTOR TO
VILLAGE TO
ORIGIN TO
WAS TO

(Not printed at Government expense)

Congressional Record
PROCEEDINGS AND DEDATES OF THE 88th CONGRESS, FIRST SESSION

Sibal Calls for Independent Science Staffs for Congress
To End Reliance on Executive Branch

SPEECH
OF
HON. ABNER W. SIBAL
OF CONNECTICUT
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 6, 1963

Mr. SIBAL. Mr. Speaker, today, I am introducing a bill designed to fill what I believe to be a very serious gap in the legislative process. It would remove the present dependence of the legislative branch upon the executive and occasional outside experts for technical advice and counsel.

For a long time, the executive branch has had a near monopoly of scientific talent in Government. Although the President, and the major departments and agencies have scientific staffs which they consult on the tremendous range of highly technical issues concerning the Government, Congress does not. Members of Congress, who are nearly always persons untrained in science, have to rely chiefly on scientists from the executive branch whose task is to defend their programs and seek the funds to run them.

It has become increasingly difficult for Congressmen to question programs sent down from the executive side. This is extremely serious when one considers that it is Congress that must decide whether to vote the money and, if so, how much.

Right now, for example, we are weighing the question of whether to authorize billions and billions in the race to reach the moon. We should not have to be so dependent upon the executive for technical advice. This lack of independent scientific resources must be corrected if Congress is to fulfill its responsibilities as direct representatives of the people and is not to become, through lack of proper tools, a mere rubber-stamp for the executive.

My bill would establish a permanent source of scientific talent solely responsible to Congress. It would be the duty of these scientists to advise Members and committees, at their request, on technical matters before them. Under the bill, the House and the Senate would each have a permanent staff of three scientists representing the fields of physics, biology, and chemistry.

As conditions warranted, these staffs would be authorized to name temporary scientific personnel to work on specific projects. The top three scientists would have to be under 55 years old to keep an emphasis on youth and creativity. They could serve no more than a total of 6 years, but the terms would be staggered to provide for continuity, as well as fresh outlooks.

The majority party would appoint two of the scientists in each House, designating one of them as director, and the minority party would name the other.

ing one of them as director, and the minority party would name the other. The political affiliation of the appointees, however, is ruled out, as a consideration. The directors of each staff would be paid $21,500 a year; the associate members would receive $20,000 a year and temporary personnel would be compensated by the day for the period they are employed.

I envision the science staffs as a vital liaison point between the executive and legislative branches, serving as a scientific information exchange between Congress, the executive agencies, and the scientific community at large. Through the science staffs, a Member of Congress would be able to learn what is being done in any field of interest to him whether it is space, insect pests, plant viruses, uses for coal, atomic energy, cancer research, or whatever. He would be able to obtain advice and suggestions on technical matters concerning his district or his committee work. Most important, the science staffs would keep an eye on science spending by the executive branch, seeking to hold down waste and duplication. They would evaluate programs and suggest new or different avenues of research.

There is no reason why scientific matters cannot be made comprehensible to a nonscientist. In the case of Congress, which yearly votes billions of dollars for science, it is essential.

U.S. GOVERNMENT PRINTING OFFICE: 1963

88th CONGRESS
1st Session

H. R. 6866

June 6, 1963

Mr. Sibal introduced the following bill; which was referred to the Committee on House Administration.

A BILL

To increase the effectiveness of the Congress in carrying out its functions by establishing a Science Advisory Staff in the Senate and House of Representatives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Congressional Science Advisory Staff Act".

ESTABLISHMENT

SEC. 2. In order to provide the Congress with a staff competent in science and technology, there is hereby established in the Senate and in the House of Representatives a Science Advisory Staff. Each Science Advisory Staff shall consist of a Director and two Associates.

FUNCTION

SEC. 3. Each Science Advisory Staff shall be available to the committees and Members of the House of Congress within which it is established and to conference committees of the two Houses of Congress to give scientific advice and assistance in the analysis, appraisal, and evaluation of legislation or proposed legislation.

DIRECTORS

SEC. 4. (a) The Director of the Science Advisory Staff in the Senate shall be appointed by the President pro tempore of the Senate.

(b) The Director of the Science Advisory Staff in the House of Representatives shall be appointed by the Speaker of the House of Representatives.

(c) Each such Director shall receive compensation at the rate of $21,500 per annum.

ASSOCIATES

SEC. 5. (a) The two Associates on the Science Advisory Staff in the Senate shall be appointed from a list of individuals prepared by the Director of such staff. One of such Associates shall be appointed by the President pro tempore of the Senate and the other shall be appointed by the Minority Leader of the Senate.

(b) The two Associates on the Science Advisory Staff in the House of Representatives shall be appointed from a list of individuals prepared by the Director of such staff. One of such Associates shall be appointed by the Speaker of the House of Representatives and the other shall be appointed by the Minority Leader of the House of Representatives.

(c) Each Associate on the Science Advisory Staff of either House of Congress shall receive compensation at the rate of $20,000 per annum.

## QUALIFICATIONS FOR APPOINTMENT

SEC. 6. (a) Each Director and Associate on either Science Advisory Staff shall be (1) appointed without reference to political affiliations and solely on the ground of fitness to perform the duties of the office and (2) a citizen of the United States who the officer appointing him determines will not endanger the common defense and security of the United States by having access to restricted data of any department or agency of the United States. For the purposes of making such determination with respect to any individual any appointing officer under section 4 or 5 of this Act may have a full field investigation made by the Federal Bureau of Investigation of the character, associations, and loyalty of any individual who he is considering for such an appointment.

(b) The term of office of each Director and Associate on either Science Advisory Staff shall be three years; except that (1) of the two Associates first appointed to the Science Advisory Staff in the Senate the Associate appointed by the President pro tempore of the Senate shall be appointed for a term of two years and the Associate appointed by the Minority Leader of the Senate shall be appointed for a term of one year, and (2) of the two Associates first appointed to the Science Advisory Staff in the House of Representatives the Associate appointed by the Speaker of the House of Representatives shall be appointed for a term of two years and the Associate appointed by the Minority Leader of the House of Representatives shall be appointed for a term of one year.

(c) Vacancies in the office of Director of Associate on either Science Advisory Staff shall be filled in the same manner as the original appointment was made; except that any individual appointed to fill such a vacancy shall only be appointed to fill the unexpired term of the individual whom he succeeds.

(d) No individual shall be appointed more than twice to the Science Advisory Staffs of the Congress.

[c]

- 2 -

* (c) voluntary and compulsory hospitalization for addicts; (The New York State program permits narcotic addicts arrested for minor crimes to receive hospitalization rather than imprisonment.)

* (d) a system of aftercare in the community for those discharged from hospitals and prisons to assist their readjustment to society;

NOTE: Aftercare is particularly important. 85% of all addicts treated in hospitals return to narcotics. This is partly due to the fact that continued treatment (essential for long periods after hospitalization) is not presently available.

* (e) an all-out effort to increase medical and psychiatric research in the narcotics field;

* (f) development of a reliable system of statistics to study every aspect of the narcotics problem along with better dissemination of these statistics and analysis of their implications.

*NOTE: The implementation of this program would require:

- revision of the Harrison Act of 1914 in order to clarify the respective areas of federal, state and local responsibility and modernize Federal law;

- revision of state and local laws to conform to revised Federal law;

- adoption of a cost-sharing formula parallel to that of the federal urban renewal program whereby two-thirds would be financed from Federal funds and one-third from state and local governments; and

- provision for a major increase in federal funds through the National Institutes of Health to finance intensive research into the cause, nature, and cure of addiction.

- 3 -

*2. Federal Hospital in New York City

A federal narcotics hospital should be constructed in the New York Metropolitan area. (NAR Letter to JFK, March 26, 1962)

*NOTE: 47% of recorded narcotics addicts live in New York City. They must go to Kentucky or Texas for treatment in a federal hospital. However, more than one-half of the addicts now being treated are treated locally.

Senator Javits has introduced a bill for a federal program of grants for the construction of narcotics hospitals in states where they are most needed. The main provisions of this bill were included in Senate-passed 1963 Mental Health Act which permits federal funds to be used for treatment facilities for narcotics patients in mental hospitals.

*3. Wiretapping

The Federal Communications Act should be amended to eliminate present restrictions against use (in Federal courts) of evidence obtained by law enforcement officers through court-regulated wiretaps. Wiretapping is one of the most valuable weapons in the fight against organized crime, including important traffic in narcotics. (NAR Letter to JFK, March 26, 1962)

*NOTE: Federal law conflicts with New York State law which permits wiretapping in obtaining evidence in certain criminal cases under strict court supervision and with adequate safeguards against abuse.

C. JFK Program and Related NAR Position

1. 1962 White House Conference: The White House Conference on Narcotics was held September 27-28, 1962. The report opposed long prison sentences for addicts and emphasized treatment and rehabilitation.

- 4 -

[c]

2. Narcotics Advisory Commission

(a) Appointment of Commission: On January 16, 1963, JFK established an Advisory Commission on Narcotic and Drug Abuse to be headed by E. Barrett Prettyman, retired chief judge of the U.S. Court of Appeals for the District of Columbia.

The Commission, like the White House Conference, is reported to be more concerned with the medical and sociological aspects of drug addiction than enforcement and punishment.

(b) Interim Report of Commission: On April 1, the Commission issued an interim report. (The final report is due November 1.) It is interesting to note that the Commission did not recommend any Federal grant-in-aid program to supplement State and local expenditures in the narcotics field. Various proposals have been made for such a program by Senators Javits and Keating and by Mayor Wagner. The Commission did make the following recommendations:

(1) Reform federal law providing penalties for narcotic violations to:*

- launch a massive attack on the importers and large distributors of illegal drugs by the creation of a specially trained team within the Justice Department with authority to investigate as well as prosecute; (Investigations are currently carried out by the Treasury's Bureau of Narcotics.)

- impose a maximum sentence rather than a mandatory minimum sentence for small peddlers with allowance for parole but probation; and

*Present narcotic laws establish a mandatory minimum sentence of 2 years in jail, and a $20,000 fine with probation, parole and suspended sentences allowed only to first offenders, for the mere possession of narcotics. The Commission criticized these laws on the grounds that they increase court case loads and add to the nation's economic burden because of the cost of imprisonment.

- 5 -

[lc]

-- impose an "indeterminate" sentence and allow both probation and parole for persons found in possession of narcotics but with no intention of selling them. The Commission has requested legal advice from the Justice Department as to whether it is constitutional under Federal law to offer addicts charged with narcotic offenses the option of commitment for treatment (civil commitment) in lieu of prosecution. There are many State laws to this effect.

(2) Legislation for stricter federal control than now exists over the manufacture, sale and distribution of all habit-forming drugs; (under present law, these drugs can be sold by prescription only but there are, nonetheless, extensive illicit sales of these drugs)

(3) A "high priority" master plan for a comprehensive research program to inquire into all aspects of drug abuse. The Commission found current efforts fragmented, underfinanced and generally inadequate;

(4) A plan for cooperation between the Attorney General and Secretaries of the Treasury and of HEW with the States and local authorities to coordinate law enforcement and health-welfare information and to compile a reliable system of statistics concerning drug addiction;

(5) Greater public dissemination of information on all aspects of drug abuse by the Department of HEW;

(6) Establishment of U.S.-Mexico Commission to take joint action to halt smuggling and the hiring of more U.S. border inspectors; and

(7) The Commission also requested the American Medical Association and the National Research Council to submit statements as to what constitutes "legitimate" medical treatment (including the prescribing of drugs) of an addict (both in and out of institutions).

- 7 -

[c]

(2) Javits: amend Public Health Service Act so that the existing federally aided mental health research program is also applicable to research in narcotic addiction.

(3) Keating: permit the civil commitment of addicts to the custody of the Surgeon General who are not charged with an offense involving the sale or transfer of narcotics. The commitment period could last up to 3 years during or after which criminal charges against the addict could be dropped.

**NOTE:** The Justice Department has given unqualified endorsement to this proposal, which parallels at the Federal level, legislation already passed by 38 states, including New York.

(4) Keating: amend the Federal Youth Corrections Act which gives federal judges broad discretion in the sentencing of youthful offenders to make it applicable to narcotics cases.

**NOTE:** This is a new approach and was suggested by Chief Judge William F. Smith of the Third Circuit U.S. Court of Appeals, the Chairman of the Judicial Conference Committee on Criminal Law.

October 1, 1963

To: HAK
From: DLB

Re: Suggested draft reply from NAR to Stephen Seadler, author of "Defenses of Peace"

Suggested Draft:

Thank you for your letter of August 19th, and the copy of your study on the "Defenses of Peace."

You have, I believe, defined precisely the fundamental prerequisite to successful Western policy -- a clear and continual recognition of the causes of Communist behaviour. Your lucid analysis of "dialectical materialism" defines the essential violent nature of Communist tactics and the unqualified belief in inevitable revolution in the Western world. Policies not based on a clear recognition of these facts are, as you suggest, doomed to futility.

I am grateful to you for having furnished me with a copy of your paper and for your interest.

October 8, 1963

TO: Julie Shook
FROM: John D. Deardourff

I have asked June Goldthwait, Ann Black, and Pamela Hill of
the foreign policy research staff to attend a luncheon meeting
of the Overseas Press Club tomorrow at which Madame Nhu of South
Vietnam is speaking.

Tickets to this meeting for non-members of the club are $8.50.
I would appreciate it if $25.50 could be made available to cover
the cost of their three tickets.

Many thanks.

cc: Dr. Henry A. Kissinger

MEMORANDUM TO: THE GOVERNOR

FROM: HENRY A. KISSINGER

RE: DIGEST OF "DEFENSES OF PEACE" BY STEPHEN E. SEADLER, AS REQUESTED

October 8, 1963

1. It is imperative to find a way to bring the arms race to a successful and safe end. This can never happen in disarmament negotiations as they are now conducted. The first step must be "ideological disarmament," so that the Soviet Union and the Chinese will no longer approach international relations with a philosophy of violence which makes all peaceful negotiations fruitless.

2. The weapons of war are now so destructive that we can no longer be satisfied merely to punish the aggressor after he has acted. We must prevent the aggressor from attacking by considering a threat to the peace as illegal as the actual aggression itself. We should, therefore, consider the Communist ideology a threat to the peace because it is inherently violent.

3. The most significant shortcoming of Western approach to Communism is our failure to appreciate the nature of the Communist philosophy, and our failure to formulate policy on the basis of such an understanding.

a. The "dialectics" of Communism dictate that capitalist society must undergo sudden change. That capitalism could gradually evolve into something worthwhile is inconceivable from a Communist point of view.

b. The "historical materialism" of Communism dictates policies of violence and ruthlessness. Force is needed to accomplish change. Ideas cannot accomplish change.

c. Communism is techically not an ideology to the Communist. The Communist never deals in ideas (as did the Fascist). The Communist must always deal only in historical fact and objective truth. His system is, therefore, not subject to debate.

4. With this new appreciation of the inherently violent nature of Communism, we should adopt a new foreign policy approach:

a. In all foreign policy assessments we should recognize that the Communists are directed by their philosophy to use force to achieve their goals. (This is particularly important to remember during those "peace offensives" which the Communists alternate with more belligerent periods.)

b. We should adopt the position that that part of the ideology which preaches violence is, itself, a violation of the United Nations Charter, particularly those provisions which obligate members to respect treaty provisions and international law.

c. We should establish a "UN Committee on Dialectical Materialism" to study the subject and recommend that the USSR and other nations "affirming Dialectical Materialism rescind it or adequately modify it."

d. We should stop all present disarmament negotiations and announce that there is no sense in trying to attain actual disarmament until we have "Ideological Disarmament" -- the renunciation of the Communist philosophy of violence. Under UN auspices we should institute negotiations

for "Ideological Disarmament". After"Ideological Disarmament" has
been achieved (in other words after the Communists have renounced the
philosophy of violence inherent in Communism) then actual disarmament
would follow easily.

COMMENT: Mr. Seadler's proposals while academically provocative, have, at best, limited practical value -- as he, himself, implies with a simple historical fact:

"When I(deological) D(isarmament) is completed in the case of Communism, it will not be the first case on record. It will, however, be the first case not preceded by military defeat and occupation."

Digest prepared by Douglas L. Bailey, gone over by Henry A. Kissinger

DRAFT

Mr. Stephen Edward Seadler
W.A. Sheaffer Pen Company
Fort Madison, Iowa

Dear Mr. Seadler:

Thank you for your letter and the copy of your
study on the "Defenses of Peace".

I agree with you about the crucial importance
of recognizing the causes of Communist behaviour. Clearly,
without such an understanding, our policies are doomed to
futility, as you suggest.

I am grateful for the opportunity to see the
copy of your paper.

Sincerely yours,

DRAFT

Sincerely yours,

body of your letter.

utility, as you suggest.

without such an understanding, our policies are doomed to
of recognizing the causes of Communist behaviour. Clearly,
I agree with you about the crucial importance

study on the "Defenses of Peace".

Dear Mr. Seadler:

Fort Madison, Iowa
W.A. Sheatter Pen Company
Mr. Stephen Edward Seadler

October 11, 1963

MEMORANDUM TO: THE GOVERNOR

FROM: HENRY A. KISSINGER

SUBJECT: DIGEST OF "DEFENSES OF PEACE" BY STEPHEN E. SEADLER
AS REQUESTED

c. Communism is technically not an ideology to the Communist. The Communist never deals in ideas (as did the Fascist). The Communist must always deal only in historical fact and objective truth. His system is, therefore, not subject to debate.

...

["...", "subject to debate.\n\nfact and objective truth. His system is, therefore, not\n\n**Communist**. The Communist never deals in ideas (as did the\n\n**Communist**). The Communist must always deal only in historical\n\n**Basisat**). The Communist must always deal only in historical\n\n**Communist**. The Communist is technically not an ideology to the\n\n**Communism** is technically not an ideology to the\n\n**c.**", "accomplish change.\n\n**p.** The \"historical materialist\" of Communism dictates\n\n

MEMORANDUM TO: THE GOVERNOR

Page 2. 10/11/63

d. We should stop all present disarmament negotiations and announce that there is no sense in trying to attain actual disarmament until we have "Ideological Disarmament" -- the renunciation of the Communist philosophy of violence. Under UN auspices we should institute negotiations for "Ideological Disarmament." After "Ideological Disarmament" has been achieved (in other words after the Communists have renounced the philosophy of violence inherent in Communism) then actual disarmament would follow easily.

COMMENT: Mr. Seadler's proposals whice academically provocative, have, at best, limited practical value -- as he, himself, implies with a simple historical fact:

Digest prepared by Douglas R. Bailey, gone over by Henry V. Klaasen

breeced by military defeat and occupation."
on record. It will, however, be the first case
in the case of Communism, it will not be the first case
"When I (geological) D (disarmament) is completed

implies with a simple historical fact:
have, at least, limited practical value -- as he, himself,
COMMENT: Mr. Seadler's proposals twice academically provocative,

disarmament would follow easily.
the philosophy of violence inherent in Communism) then actual
achieved (another word after the Communists have renounced
Disarmament." After "Ideological Disarmament" has been
UN awareness we should institute negotiations for "Ideological
remuneration of the Communist philosophy of violence. Under
disarmament until we have "Ideological Disarmament" -- the
and announce that there is no cause in trying to attain actual
q. We should stop all present disarmament negotiations
it or adequately modify it."

and other nations "attesting Dialectical Materialism reciting
Materiamism", to study the subject and recommend that the NER
C. We should establish a "UN Committee on Dialectical
national law.

which obligate members to respect treaty provisions and inter-
the United Nations Charter, particularly those provisions
ideology which breaches violence is itself a violation of
p. We should adopt the position that that part of the
alternate with more pelfiferent periods.)

to remember during those "peace ottenves," which the Communists
to achieve their goals. (This is particularly important
that the Communists are directed by their philosophy to use
a. In all foreign policy assessments we should recognize
of Communism, we should adopt a new foreign policy approach:

MEMORANDUM TO: THE GOVERNOR

Page 3. 10/11/93

November 1, 1963

To: Henry A. Kissinger
From: John Deardourff

jd

This wire apparently went to Albany when NAR was on the West Coast and reached me sometime earlier this week. Until today I've been without a secretary and I just came across this in trying to clean up for the weekend.

Could you or Doug do a suggested draft reply, please.

November 8, 1963

TO: HAI
FROM: DLB
RE: Troop Withdrawal Statement to National Observer

DRAFT:

The President's assurance on October 31st that no combat forces
would be withdrawn from Europe was very welcome, particularly in view
of the confusion that apparent scheduled withdrawls had caused in
Europe. There are many reasons why a substantial reduction of U.S.
forces would be disastrous:

1. The troops that are stationed in Europe are there not for military reasons alone. They represent a living symbol of the determination of the United States to defend Western Europe. For fourteen years NATO has been the cornerstone of free world security and of the safety of the United States. Nothing has happened that should in any way alter this pre- sumption.

2. A withdrawal of major U.S. units from Europe would under- mine European confidence in American commitments. The entire in Europe debate/during the past two years has centered on the question of the reliability of the American word. Throughout that debate this Administration has stressed the importance of building up NATO's conventional strength. If we were now to withdraw American forces from Europe, confidence in us would be greatly diminished.

3. The withdrawal of American troops from Europe would increase European tendencies toward neutrality, particularly in West Germany, where a new government committed to Atlantic partnership has only recently assumed office. An American troop withdrawal would weaken support for this government and might

2

force it to seek German security in Third Force policies.

Operation "Big Lift" was apparently very successful, but I am not convinced that its success justify a major troop withdrawal. The theory of the reliability on an increased airlift capacity should, in my view, be substituted to some searching questions.

1. Can we ever be sure that the efficiency of an airlift operation which had been planned for weeks to occur on a specific date can be repeated at a moment's notice in crisis conditions?

2. Is it reasonable to expect that airfields and supply depots would be available during an attack?

3. What is the recommendation of the NATO command with respect to the theory that a new airlift capacity permits substantial reductions of American forces in Europe?

Enclosures 2

Henry V. Klaasen

With warm regards.

I have no objections to either.

Wade Kiebert.

to the United American Croats and to
I am returning the drafts of the letters

Dear John:
New York 19, New York:
22 West 22nd Street
Mr. John Dearborn

November 8, 1943

November 12, 1963

TO: John Deardourff

FROM: Henry A. Kissinger

SUBJECT: Troop Withdrawal Statement to National Observer

I am enclosing a proposed statement in reply to the
request of the National Observer. Before we send it, we might
ask ourselves whether the National Observer is the best forum
for an exposition of these views. I have no judgment on that.

ask ourselves whether the <u>National Operator</u> is the best form

request of the <u>National Operator</u>. Before we send it, we might

SUBJECT: Troop Withdrawal Statement to <u>National Operator</u>

FROM: Henry V. Kissinger

TO: John Dearborn

November 13, 1967

November 12, 1963

PROPOSED TROOP WITHDRAWAL STATEMENT TO NATIONAL OBSERVER

The President's assurance on October 31st that no combat forces
would be withdrawn from Europe was very welcome, particularly in view
of the confusion that apparent scheduled withdrawals had caused in
Europe. There are many reasons why a substantial reduction of U.S.
forces would be disastrous:

1. The troops that are stationed in Europe are there not for military reasons alone. They represent a living symbol of the determination of the United States to defend Western Europe. For fourteen years NATO has been the cornerstone of free world security and of the safety of the United States. Nothing has happened that should in any way alter this presumption.

2. A withdrawal of major U.S. units from Europe would undermine European confidence in American commitments. The entire debate in Europe during the past two years has centered on the question of the reliability of the American word. Throughout that debate this Administration has stressed the importance of building up NATO's conventional strength. If we were now to withdraw American forces from Europe, confidence in us would be greatly diminished.

Europe's confidence in us would be greatly diminished,
attractively. If we were now to withdraw American forces from
attracted the importance of putting up NATO's conventional
word. Throughout that debate this Administration has
centered on the question of the reliability of the American
entire debate in Europe during the last two years has
matured European confidence in American commitments. The
3. A withdrawal of major U.S. forces from Europe would number
in any way after this promulgation.

of the United States. Nothing has happened that should
the conversation of free world security and of the safety
defend Western Europe. For fourteen years NATO has been
symbol of the determination of the United States to
for military reasons alone. They represent a living

forces would be dissatisfied:
Europe. There are many reasons why a substantial reduction of U.S.
of the conversation that apparent scheduled withdrawals had caused in
would be withdrawn from Europe was very welcome, particularly in view
The President's assurance on October 21st that no combat forces

November 13, 1945

Proposed Troop Withdrawal Statement

page 2

3. The withdrawal of American troops from Europe would increase European tendencies toward neutrality, particularly in West Germany, where a new government committed to Atlantic partnership has only recently assumed office. An American troop withdrawal would weaken support for this government and might force it to seek German security in Third Force policies.

Operation "Big Lift" was apparently very successful, but its success does not justify a major troop withdrawal. Before we rely too much on an increased airlift capacity the following questions should be fully analyzed.

1. Can we be sure that the efficiency of an airlift operation, which has been planned for weeks to occur on a specific date, can be repeated at a moment's notice in crisis conditions?

regulations of American forces in Europe?

3. What is the recommendation of the NATO command with respect to the theory that a new airlift capacity permits substantial would be available during an attack?

3. Is it reasonable to expect that airfields andably debots can be repeated at a moment's notice in create conditions? which has been planned for weeks to occur on a specific date, 1. Can we be sure that the efficiency of an airlift operation fully analyzed,

much on an increased airlift capacity the following conditions should be
success does not justify a major troop withdrawal. Before we rely too
Operation "Big Lift" was abnormally very successful, put its
Third Force policies.

Government and might force it to seek German security in
An American troop withdrawal would weaken support for this
Atlantic partnership has only recently assumed office.
in West Germany, where a new Government committed to
increase European tendencies toward neutrality, particularly
3. The withdrawal of American troops from Europe would

page 3

too.

Perhaps you would pass the material on to June to look at
and we should keep it in mind for possible future reference.

I think the proposal of having some 'open cities' pass merit.
I don't think we should take a formal position on it now.

I have found the attached material rather interesting.

SUBJECT: 'Open Cities' material

FROM: Henry V. Klaasen

TO: John Dearborn

November 12, 1962

November 21, 1963

MEMORANDUM

TO: John Deardourff

FROM: Henry Kissinger

SUBJECT: Your memorandum of November 19, 1963

I think this is a good idea and perhaps New York State
could do something similar.

We should send a friendly and encouraging reply to the writer.

could do something similar.

I think this is a good idea and believe New York State

SUBJECT: Your memorandum of November 19, 1962

FROM: Henry Kissinger

TO: John Deardorff

MEMORANDUM

November 31, 1962

THE AMERICAN UNIVERSITY

SCHOOL OF INTERNATIONAL SERVICE
Massachusetts and Naborsb Aveoee, N.W.

Washington, D. C. 20016

Telephone 214-6629

October 28, 1963

ORIGINAL TO NAR
ACTION TO Ronan
LIFO PHOTO TO WJE Aldrich

Governor Nelson Rockefeller
Room 5600
30 Rockefeller Plaza
New York 20, New York

Dear Governor Rockefeller:

Fundamental to responsible Republican political philosophy is the objective of encouraging state responsibility and initiative in matters that otherwise tend to gravitate to the Federal Government. Your reputation for supporting such decentralized initiatives is both well known and well deserved. With this in mind I am taking the liberty of passing on a thought that would appear to commend itself both to sound Republicanism and to a responsibly conceived national interest in the field of foreign affairs.

In early 1963 the State of California sent a mission to Chile to explore ways in which California could use its resources to help Chile achieve economic growth, particularly in agriculture. Certain other states have expressed interest in developing a similar relationship with other Latin American countries. Such a sense of responsibility and identification with the social and economic aspirations of our southern neighbors at the state level is to be highly commended as reflecting most strikingly the vitality, inventiveness and social consciousness of the American people as a people rather than through a depersonalized, centralized government. If encouraged through appropriate persons and national political organs such programs would undoubtedly meet with a considerable local response and would generate and provide expression for a more meaningful personal identification with American responsibilities in world affairs.

In keeping with constitutional responsibility, such state initiative would remain consistent with U.S. foreign policy goals and objectives. Obviously limited revenue would restrict the scope of state financial participation in these assistance programs. On the other hand a sufficient state response to this idea might make possible a corresponding reduction in federal foreign assistance expenditures with a corollary of federal tax reductions or state credits for joint projects such as road building.

Governor Nelson Rockefeller

As a nationally encouraged project of state initiative it
might well be termed the State Southern Brother Program or World Brother
Program if extended internationally. Participation need not be
elaborate or financially burdensome. The important question is that
of a personal identification of the state and its citizens with the
activities of a foreign state and its citizens. From such a relation-
ship much could follow including technical assistance, student and
cultural exchanges, local government intern programs, a state share-
the-cost peace corps, letter exchanges in secondary and high school,
and so on.

Such a program would seem to touch the deepest sentiments
and aspirations of the American people at a place where a sense of
personal participation and contribution would be keenly felt and seen
to merge with a wider national responsibility.

The purpose of this letter has been quite simply to kindle
a spark where it would likely do the most good. It would be a privilege
to respond with my time and energies should the occasion present itself
for advancing such a program.

December 6, 1963

MEMORANDUM

TO: John Deardourff

FROM: Henry A. Kissinger

SUBJECT: Malcolm Mouat's Proposal for a "Free World Court System"

I think this is a good idea. However, I doubt that it
would be helpful in the pre-convention period. After the Governor
receives the nomination, it might be an interesting proposal to make
during the campaign.

Could you put one of the girls on it to get a little more
background.

background.

Could you but one of the girls on it to get a little more
during the campaign.

receives the nomination, it might be an interesting proposal to make
would be helpful in the pre-convention period. After the Governor
I think this is a good idea. However, I doubt that it

SUBJECT: Malcolm Moneat's proposal for a "Free World Court States"

FROM: Henry V. Krasinger

TO: John Deshpande

MEMORANDUM

December 9, 1963

A Gradualist Approach:
Establishment of a Free World Court System

With the International Court of Justice operating the world's empty courtroom, Mr. Mouat suggests that a more feasible approach to international adjudication might be the establishment of regional courts. He advocates creation by the English-speaking, common law nations of a Free World Court System, with broad compulsory jurisdiction, available to all nations.

by Malcolm P. Mouat • of the Wisconsin Bar (Janesville)

THE LEGAL PROFESSION'S greatest failure is its inability to devise adequate international institutions for justice and peace. Impending disaster may impel more lawyers to seek breakthroughs for international order, giving heed to City Planner Daniel Burnham's warning: "Man does not fail. He only gives up trying."

National differences grow geometrically complex as the scientific and technological revolutions accelerate. Concurrently, time and space are disappearing. Each nation has suddenly become an over-the-fence neighbor of every other nation; all are now interdependent. Simultaneously this shrunken world neighborhood is racked by burgeoning tension-creating problems. The earth has become a drumhead: tapped anywhere, it reverberates everywhere. Mounting international legal differences are not being resolved in the volume needed for the world's safety.

World Court Constitutes
World's Empty Courtroom

Despite the quantity of international legal disputes needing solution, the International Court of Justice at The

Hague has decided an average of two cases a year during its seventeen years of existence. This is an appalling lack of use. In addition, there are numerous political issues which could be restated as legal issues to permit their juridical solution. Unfortunately, the issues are not being presented to the court on the scale needed.

Many obstacles lie in the path of general acceptance of the World Court. The court, lacking compulsory jurisdiction, has to depend on the consent of the litigants for its jurisdiction in most instances. The United States, fearing that the court might classify a domestic issue as international, enacted the Connally Amendment, which reserves to the United States the right to self-judge whether an issue is "domestic", and hence not within the jurisdiction of the court. The court grants to the other litigant a reciprocal right to self-judge the issue. As a result, few issues get to the court for adjudication.

By reason of the Connally Amendment the United States has practically barred itself from use of the court. Some important nations have already repealed their Connally-type reservations. The United States has not done

so, although the American Bar Association has recommended repeal.

The Soviets have disavowed the court on ideological grounds. They aim to disturb the legal status, not uphold it. There is little likelihood that the U.S.S.R. will submit any issue to the court that might impair Soviet freedom of action. Some believe establishment of the rule of law may eventually spell the defeat of the Communist system.

Emerging nations harbor attitudes similar to the Soviet's, refusing to submit to the yoke of compulsory jurisdiction because it might limit their freedom of action. These nations may comprise as much as one third of the world's population. Until they become more mature and peace-loving and raise their standards of living substantially, they are unlikely to accept compulsory jurisdiction as being for their best interests.

In view of the fact that the World Court was created under the United Nations Charter, amendments of the charter to improve, extend or change the court would be in danger of Soviet veto in the Security Council.

The court is not accepted by some

August, 1963 • Vol. 49 735

## A Free World Court System

because it lacks the objective to attain those things which the Free World regards as essential — the freedoms of speech, press, religion and assembly, and the rights of individuals and private property.

Some doubt whether the judges, coming from diverse backgrounds of cultural, economic, social, religious, legal and political systems, can understand cultures of other areas adequately to evaluate issues. This doubt is most frequently raised as to the judgment of the two judges from Communist countries.

Other arguments against acceptance of the World Court are: the United States should not accept compulsory jurisdiction until all other nations do; issues are better solved through diplomacy and negotiation than by court decision; the Communist judges can outvote us; no real peace can be attained until the U.S.S.R. accepts compulsory jurisdiction of the court; the court can usurp a nation's sovereignty; consents are preferable to compulsion; if our State Department says that there is no longer any distinction between domestic and foreign affairs, then the Conally Amendment is our only protection.

## Court's Decisions Found To Be Sound and Fair

Most of the arguments have been carefully explored and reasonably answered by the American Bar Association's Special Committee on World Peace Through Law. The court's decisions have been painstakingly analyzed by scholars and found to be uniformly sound and without prejudice, including those by the judges from the Communist countries. They found that the decisions were based on legal principles fundamental to most legal systems.

The Western nations who are among the strongest advocates of the court and of the rule of law have themselves been reluctant to submit their disputes to it. Examples are the issues of Cyprus, Suez, Algiers, Berlin, Quemoy and Cuba.

All of these obstacles occur at a time when the United States is looked to for leadership. The United States

has, perhaps, the greatest stake in restoring peace, stabilizing the economies of the world and establishing the rule of law. Many feel that our prestige and leadership have suffered as a consequence. Some even charge the United States with acting irresponsibly. They allege that the United States is masking the intentions of its leaders to substitute force for law.

These obstacles, fears and lack of use indicate clearly that there is a substantial lack of confidence in the World Court.

## Time Has Come for a Gradualist Approach

It is still hoped that the full-blown universal approach and acceptance of the World Court may be successful. However, we know the difficulties in developing uniform laws among our states. The difficulties of winning acceptance at the international level can be far greater. Building confidence among nations is a long-range process, unlikely to be accomplished universally in the foreseeable future.

A more limited court approach seems both necessary and desirable. It should take advantage of those situations where confidence, comity and similarity in backgrounds already exist. This goal is both realistic and attainable.

Professor Julius Stone, one of the world's leading scholars in the field of international law and organization, some months ago wrote: "The correct such approach may indeed be that courts should be created on a scale less than world wide, corresponding to each separate 'international legal culture' which may not correspond with proposals for regional courts."

Some limited international courts have been suggested — an American court (for the Western Hemisphere), an Asiatic court, an African court, an Arab court, a N.A.T.O. court, and an International Court of Habeas Corpus. These recognize regional, political, religious or military affinities and needs. However, these courts might encounter similar obstacles to those faced by the World Court.

Of course, some limited courts can succeed in the face of great obstacles,

if the need and desire for the court is urgent enough. An example is the European Common Market Tribunal which has been successful, almost phenomenally, in the face of seemingly insurmountable obstacles.

A court should be designed to capitalize on existing confidence between nations so that it will generate confidence and encourage "court-mindedness" for the settlement of disputes. Persistent efforts to find breakthroughs must be made and pursued.

## Free World Court Is Proposed

A limited and gradual approach to meet many of the requirements, and yet avoid many of the obstacles, could be the following:

> Certain English-speaking common law countries — the United States, the United Kingdom, Canada, Australia, and New Zealand — should by treaty create a Free World Court System, based upon the principles and concepts of the Free World, with broad compulsory jurisdiction, making such system available to all nations, but with adequate safeguards.

If soundly based, the Free World Court System could expand to benefit all nations of the world. It might enjoy certain immediate and obvious advantages:

1. *Treaty Tenets.* The creating treaty, like a constitution between the signatories, might well incorporate principles, ideals and objectives regarded as essential for the Free World Court System. It could indicate the objectives of the freedoms, rights of individuals, private property, due process of law and it could draw liberally from the basic concepts contained in Magna Charta, the English unwritten constitution, the Declaration of Independence, the United States Constitution and the Bill of Rights—adapting them to the relations between nations.

These principles have successfully undergirded our government for more than 170 years. They have been the guiding beacon for many emerging nations, as well as for nations rewriting their constitutions (Italy, West Germany,

A Free World Court System

Malcolm P. Mouat has degrees from Yale University (B.A. 1925) and the Harvard Law School (LL.B. 1928). He was cochairman of the Committee on World Peace Through Law of the State Bar of Wisconsin.

Even the Communist nations teach English. Many of the Russian and Chinese propaganda broadcasts and literature for Asiatic and African countries are in English.

When India, with its more than 875 languages and dialects, attempted to replace English with Hindi as the official language, strong protests forced retention of English as an "associate official language".

English was the only language in which the delegates from the twenty-nine Asian and African countries were able to communicate with each other at the 1955 Bandung Conference.

It has been estimated that 75 per cent of all commercial correspondence in the world is conducted in English.

Use of English by the Free World Court System would avoid the difficulties of translations, some problems of semantics and the costs and complications of multilingual systems. It would correlate with Anglo-American legal literature.

7. Regional Court System. A regional court system could be provided which would be more accessible and less expensive than the World Court.

A system might be devised along the lines of the United States federal court system as it applies to litigation between states and the citizens of differ-

many, Japan, Brazil, India). Prime Minister Gladstone called the Constitution "the most wonderful work ever struck off at a given time by the brain and purpose of man". One of its great achievements is its capacity to adapt to change and new conditions. It has become a symbol of national freedom and unity. These ideals and principles may be our most valuable product to export for the benefit of mankind.

2. Comity. The signatory nations have similar cultural and historical heritages and similar economic, social, political, educational and religious systems.

These nations have comparable values and common aspirations. These similarities give them a natural affinity and great mutual appreciation. Having been military allies through two major wars, they have developed a certain compatibility and ability to work together. Few nations enjoy such confidence, respect, comity and rapport as to each other. They have a deep respect for the freedoms of the individual and for private property. The attitudes of their citizens are commonly identified as the Free World concepts.

This mutual understanding should make it easier for them to grant to the Free World Court System compulsory jurisdiction in broad areas.

3. Legal System. The legal systems of all signatories stem from their English common law heritage. This should make it easier for them to adapt their legal systems to the international level.

The customary law between nations is sometimes referred to as "international common law". The Free World Court System would have much in the way of precedents and principles from which to draw, considering the great bodies of statutory law, court decisions and legal literature of the common law countries.

4. Judges. The signatory nations could elevate to the Free World Court System their most able and competent judges, regardless of nationality or representation. Each of the judges would have basic training and experience in Anglo-American common law traditions and values. The judges could well win immediate acceptance, not only from the citizenry of the signa-

tories but from the world at large.

The method of selecting judges should be carefully devised to free the court from any political or representative features.

5. Compulsory Jurisdiction. Comity should enable the signatories to grant to the court broad compulsory jurisdiction. The minimum areas for compulsory jurisdiction might be:

(a) Interpretation of international treaties, conventions and executive agreements: boundary disputes;

(b) Public international law disputes;

(c) The existence of any fact which, if established, would constitute a breach of an international obligation; and

(d) The nature and extent of repatriations to be made for breach of an international obligation.

Compulsory jurisdiction might be extended to the areas of international private contracts; commercial, maritime and communications agreements; private international law; and space-age matters.

Compulsory jurisdiction should be as broad as can be agreed upon between the original signatories, but it may need to be more limited in treaties with subsequent signatories. However, as confidence and comity grow, the jurisdiction should be broadened.

The success of the Free World Court System should be measured more by the breadth of its compulsory jurisdiction than by the number of its decisions. Obviously, compulsory jurisdiction would compel the resolution of legal differences (a) by voluntary settlements through diplomacy, negotiation, compromise or (b) by arbitration, or (c) by litigation.

6. English Language. Under the umbrella of the British Empire, the English language and English law and justice spread around the globe.

English has become the most widely spoken language. Today 275,000,000 persons—one in ten—use English as their primary language; 600,000,000—nearly one in four—understand it to some degree. It is rapidly becoming the principal secondary language of the world, Most Western European nations require the teaching of English in their schools.

(L)

August 1963 Vol. 49, No. 7

A Free World Court System

ent states, with the right of appeal to
the United States Supreme Court.

The treaty could provide for appeals
from inferior courts to a superior
court. Probably no appeals should be
to the International Court of Justice
at The Hague. Otherwise, some of the
same objections and obstacles asserted
against the World Court would be
asserted against this system.

If the decisions of this court system
were at variance with those of the
World Court, that would seem to be
minor if the system were really used.
Any important variances might be cor-
rected by treaties.

8. *Decision Enforcement.* The power of public opinion has been sufficient to enforce all decisions of the Permanent Court of International Justice and the International Court of Justice, with but few exceptions.

Initially, public opinion should be
effective to carry out the decisions of
the Free World Court System until
greater confidence between nations de-
velops. Later, if other methods of
enforcement seem inadequate, treaty
agreements can provide for sanctions
or other proper methods of enforce-
ment.

9. *Later Signatories.* English law and justice were widely accepted and used around the world. They won respect in many nations which were at one time members of the British Empire. Many jurists and lawyers of those countries were trained in England and are fully familiar with Anglo-American legal systems and traditions.

Some countries that have rewrit-
ten their constitutions on the Free
World concepts might easily accept
this court system. Newly emerging

countries often incorporate these prin-
ciples, freedoms and aspirations in their
new constitutions. They, also, may be
receptive. Several Latin American con-
stitutions are modeled after the United
States Constitution, although in some
instances the principles espoused have
been neglected in use. However, they
do indicate the goals those countries
hope to attain.

With such widely expressed appre-
ciation and recognition of the "free-
doms", "rights of individuals", "rights
of property", and "due process of law",
a potential receptivity and acceptance
for the Free World Court System
might be expected.

Some countries, because of trade re-
lations with the original signatory na-
tions, might desire to become a part
of the system.

10. *Treaty Assembly.* The signatories could create, on a representative basis, a treaty assembly, for study, debate and recommendation as to initiation, amendment, revision or abrogation of treaties. At the inception the members of the assembly probably would not have authority to legislate, but only to recommend action to the respective governments. As other nations became signatories they would have representatives in the assembly.

The assembly could serve as an ac-
creditation and deaccreditation advi-
ser. It could investigate as to whether
prospective signatories have, in fact,
governmental systems which protect
and safeguard the freedoms and rights
deemed essential to the Free World
Court System. It could advise as to
acceptance or rejection of applications
to become signatories. The assembly
could also investigate any change of
status of the signatories (for instance,

if any should become authoritarian)
and advise as to the need for abroga-
tion of existing treaties.

In time it may be hoped the as-
sembly might prove sufficiently valu-
able so that it could be given greater
authority and might be developed into
an international legislative body or
parliament.

11. *Changes.* The Free World Court System could be changed as the signatories might agree, without danger of a veto.

Anglo-American Legal
System Has Responsibilities

Over the past three years this pro-
posal has been submitted for comment
to legal scholars, public leaders and to
the press. Most of the responses have
been favorable, ranging from cautious
approval to vigorous advocacy. Few
adverse comments have been made.

A civilization which has brought
forth the great strength of the Anglo-
American legal system should not
shrink from the demands of a sorely
troubled humanity. The world is en-
titled to a workable system of law and
justice.

The cause of law among nations,
just as in the pioneering days, lies deep
in the beliefs of the English-speaking
nations. The principles of freedom,
justice and human dignity are not na-
tional credos but are universal. Ideas
and ideals are the most potent weapons
in the world struggle. They can create
a ferment, an electric current, through-
out the world. An international court
should safeguard these freedoms, rights
and ideas at the international level as
carefully as they are guarded at the
local and national levels.

December 2, 1963

TO: HAK
FROM: DLB
RE: Proposal for a "Free World Court System" by Malcolm P. Mouat

1. This proposal should receive serious attention if NAR finally becomes President or perhaps after the nomination. Until that time, however, it would be politically unwise for him to promote it.

2. If it were to be used, I would strongly warn against making it a court for only the English-speaking, common law countries. If it is to be a free world court then the criteria for membership should be broader than language.

December 12, 1963

MEMORANDUM

TO: John Deardourff

FROM: Henry A. Kissinger

SUBJECT: Your memo of December 5th about Dr. Wigner

I was very interested in your conversation with Wigner.

I agree that we should draw people in the academic world more closely to us. Wigner himself is a very controversial character who is classed by many scientists together with Edward Teller. Nevertheless, I think we should pursue this point and even Wigner could be helpful.

I think we should吧 some point and even Wigner could be helpful.
is classed by many scientists together with Edward Teller. Nevertheless,
closely to me. Wigner himself is a very controversial character who
I agree that we should draw people in the academic world more
I was very interested in your conversation with Wigner.

SUBJECT: Your memo of December 23rd apont Dr. Wigner

FROM: Henry A. Klaarner

TO: John Deardourff

MEMORANDUM

December 13, 1963

December 5, 1963

TO: HENRY A. KISSINGER
FROM: JOHN DEARDOURFF

I called Dr. Wigner at Princeton and he seemed
<u>very</u> gratified by the call (as well as by a note he had re-
ceived from NAR congratulating him on his recent Nobel
Prize). He is sending materials on civil defense and would,
I believe, be receptive to doing more.

Whether we want or need more done in the civil
defense area I am not sure, but having Nobel Prize winners
like Wigner identified with us in some way would clearly
be desirable in terms of elevating NAR's image in the public
mind.

As I mentioned yesterday, I think we must give con-
siderable time and thought to drawing people in the academic
world more closely to us.

cc: Rod Perkins