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Mr. Truman's War: A Debate and Its Aftermath

Published online by Cambridge University Press:  05 August 2009

Extract

WeDoubt very much if there is any question in the minds of the majority of the people of this country that the conflict now raging in Korea can be anything but war,” wrote Federal District Judge Harry C. Westover in the spring of 1953. “Certainly those who have been called upon to suffer injury and maiming, or to sacrifice their lives,” he continued, “would be unanimous in their opinion that this is war — war in all of its horrible aspects.” What common sense dictated, the judge didnot deny. Yet, although federal and state courts in this and several other instances touched tangentially on the question of whether the Korean conflict was a war in a legal and technical sense, on balance they produced no definitive answer. The United States Supreme Court, moreover, refused to hear any of the cases in question. But the lower courts ofthe nation were not alone in their diversity of opinion regarding the status of the war. The political branches of the Federal Government similarly displayed little agreement on the parallel issue of what the legal basis was for American participation in the Korean venture.

Type
Research Article
Copyright
Copyright © University of Notre Dame 1969

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References

1 Weissman v. Metropolitan Life Ins. Co., 112 F. Supp. 420, 425 (S.D. Cal. 1953).

2 Pye, A. Kenneth, “The Legal Status of the Korean Hostilities,” The Georgetown Law Journal, XLV (Fall, 1956), 4547Google Scholar: the relevant cases are cited in notes 3–16.

3 While the author is aware of no systematic study of the 1950–1953 debate over the issues presented in the text, several specialized studies and texts do briefly consider the constitutional status of the war, either by pointing to its legal ambiguity or by stating (or implying), with varying degrees of clarity, that the American intervention legally rested on the resolutions of the United Nations Security Council or on the authority of the President as Commandermander-in-Chief or on both.

4 Congress, U.S., House of Representatives, Background Information on Korea [Documents], H. Rept. 2495, 81st Cong., 2d sess., 1950, pp. 4445Google Scholar.

5 Public Papers of the Presidents of the United States (Washington; Government Printing Office, 1958–), Harry S. Truman … 1950, p. 492Google Scholar (italics added) (hereafter cited as Public Papers with appropriate President and year); Background Information on Korea, p. 48; United States Department of State Bulletin, XXIII (07 3, 1950), 6Google Scholar.

6 Congressional Record, 81st Congress, 2d session, pp. 9154–60; Truman, Harry S., Memoirs, II: Years of Trial and Hope (New York, 1965), 384–85Google Scholar; Smith, Beverly, “The White House Story: Why We Went to War in Korea,” Saturday Evening Post, CCXXIV (11 10, 1951), 82Google Scholar; Paige, Glenn, The Korean Decision, June 25–30, 1950 (New York, 1968), pp. 187–91Google Scholar, and passim for other early views on the relation of the U.N. to the Korean operation.

7 Cong. Rec., 81st Cong., 2d sess., pp. 9228–43.

8 Ibid., pp. 9322–23.

10 Ibid., p. 9323.

11 United Nations Participation Act, 59 Stat. 619, 621; Acheson's testimony is quoted in Cong. Rev., 82d Cong., 1st sess., p. 5079; Rusk's is in U.S. Congress, House, To Amend the United Nations Participation Act of 1945, Hearings before the Committee on Foreign Affairs, 81st Cong., 1st sess., 1949, pp. 51, 75–78. On agreements under Art. 43 see also U.S. Congress, Senate, The Charter of the United Nations, Hearings before the Committee on Foreign Relations, 79th Cong., 1st sess., 1945, revised edition, pp. 290–300. The 1949 amendment to the United Nations Participation Act provided that, upon the request of the U.N., the President could provide up to 1000 American military personnel at any one time to the international organization “to serve as observers, guards, or in any other non-combatant capacity” (italics added). 63 Stat. 734, 735–36.

12 Cong. Rec, 82d Cong., 1st sess., pp. 5078–83; Watkins, Arthur V., “War by Executive Order,” The Western Political Quarterly, IV (12, 1951), 539–49Google Scholar. Taft's most explicit statement of his position on the legality of the war was in his book A Foreign Policy for Americans (Garden City, 1951), pp. 2136Google Scholar.

13 Truman, , Public Papers, 1950, pp. 504–05Google Scholar; ibid., 1952–53, p. 1058; The Nation, CLXXII (01 13, 1951), 21Google Scholar.

14 “Memorandum of July 3, 1950, Prepared by the Department of State on the Authority of the President To Repel the Attack in Korea,” in Background Information on Korea, pp. 61–68.

15 Dept. of State Bulletin, XXIII (07 10, 1950), 46 (italics added)Google Scholar.

16 U.S. Congress, Senate, Military Situation in the Far East, Hearings before the Committees on Armed Services and Foreign Relations, 82d Cong., 1st sess., 1951, pp. 1936–41Google Scholar.

17 Ibid., pp. 2013–17. See also pp. 1767–69, 1818–19, 2018–21, and 2282–86 for additional comments by Acheson on Truman's authority to commit American forces to Korea. The list of over 150 military actions which Acheson mentioned is in a very competent study done by the staff of the Committee on Foreign Affairs of the House of Representatives: Background Information on the Use of United States Armed Forces in Foreign Countries, H. Rept. 127, 82d Cong., 1st sess., 1951, pp. 55–62.

18 Cong. Rec, 81st Cong., 2d sess., pp. 9647–48.

19 Ibid., pp. 9648–49. Douglas also described the legal significance of the resolutions of the Security Council. He contended that although they provided Truman with no direct authority in domestic constitutional terms, they guaranteed that Truman's action had the sanction of international law.

20 Ibid., pp. 9320, 9538–40, 9737.

21 Ibid., 82d Cong., 1st sess., pp. 513–19.

22 Taft, , A Foreign Policy for Americans, p. 33Google Scholar; Military Situation in the Far East, pp. 2017, 2282–86; Cong. Rec., 81st Cong., 2d sess., p. 9648; ibid., 82d Cong., 1st sess., p. 257.

23 Ibid., pp. 59, 94; Truman, , Public Papers, 1951, pp. 1922Google Scholar.

24 Cong. Rec., 82d Cong., 1st sess., pp. 55–3283 passim; U.S. Congress, Senate, Assignment of Ground Forces of the United States to Duty in the European Area, Hearings before the Committees on Foreign Relations and Armed Services, 82d Cong., 1st sess., 1951, pp. 8893, 594Google Scholar.

25 Cong. Rec., 82d Cong., 1st sess., pp. 3282–83.

26 Ibid., 2d sess., p. 912 (italics added).

27 Porter, Kirk H. and Johnson, Donald B., comps., National Party Platforms, 1840–1956 (Urbana, 1956), p. 497Google Scholar.

28 Eisenhower, , Public Papers, 1955, pp. 207–11Google Scholar; Cong. Rec., 84th Cong., 1st sess., p. 764.

29 Ibid., p. 823; The New York Times, January 25, 1955; Adams, Sherman, Firsthand Report: The Story of the Eisenhower Administration (New York, 1961), p. 130Google Scholar; U.S. Congress, Senate, Statements of Secretary of State John Foster Dulles and Adm. Arthur Radford, Chairman, Joint Chiefs of Staff, Hearings before the Committee on Foreign Relations, 83rd Cong., 2d sess., 1954, pp. 3738Google Scholar; Formosa Resolution, 69 Stat. 7.

30 Eisenhower, , Public Papers, 1957, pp. 616Google Scholar; Cong. Rec., 85th Cong., 1st sess., pp. 1186, 1201 1207, 2400, 2531–32, 2946–47, 3025–26; U.S. Congress, Senate, The President's Proposal on the Middle East, Hearings before the Committees on Foreign Relations and Armed Services, 85th Cong., 1st sess., 1957, pp. 273, 307, 308–12, 379–80, 888–89, 903–04Google Scholar; U.S. Congress, House, Economic and Military Cooperation with Nations in the General Area of the Middle East, Hearings before the Committee on Foreign Affairs, 85th Cong., 1st sess., 1957, pp. 189–90, 196–97Google Scholar; Middle East Resolution, 71 Stat. 5.

31 Kennedy, , Public Papers, 1962 pp. 674–75Google Scholar; U.S. Congress, Senate, Situation in Cuba, Hearings before the Committees on Foreign Relations and Armed Services, 87th Cong., 2d sess., 1962, pp. 3536, 59–60, 77–78Google Scholar; U.S. Congress, Senate, Situation in Cuba, S. Rept. 2111, 87th Cong., 2d sess., 1962, p. 2Google Scholar; Cuba Resolution, 76 Stat. 697.

32 Johnson, , Public Papers, 1963–64, pp. 930–32, 938, 940, 946Google Scholar; U.S. Congress, Senate, Southeast Asia Resolution, Hearings before the Committees on Foreign Relations and Armed Services, 88th Cong., 2d sess., 1964, p. 3Google Scholar; Southeast Asia Resolution, 78 Stat. 384.

33 U.S. Congress, Senate, U.S. Commitments to Foreign Powers, Hearings before the Committee on Foreign Relations, 90th Cong., 1st sess., 1967, pp. 125–26 (news conference transcript), 130–31Google Scholar.