Bolivia. Will comply with Security Council resolution (S/1544). Brazil. Is prepared to meet, within the means at its disposal, the responsibilities contemplated in article 49 of the Charter (S/1525).

Chile. Firmly supports Security Council resolutions; "for the present will cooperate by ensuring regular and adequate supplies of copper, saltpeter, and other strategic materials to countries responsible for operations" (S/1556).

Colombia.-Is prepared to cooperate with the Security Council in the manner which the course of international events may render necessary for the purpose of giving effect to the resolutions whereby the Security Council provided that the Republic of Korea should receive the assistance necessary to restore peace and to repel the unlawful aggression upon it (S/1541); assistance "will depend on course of events and means available to Colombia" (S/1561).

Costa Rica.-Endorses and supports Security Council resolutions and is prepared to assist as far as possible but can do little in view of the fact that the Costa Rican Constitution forbids an army and since the economy of Costa Rica is "very limited" (S/1558).

Cuba.-Offer any assistance necessary "to repel the attack against world peace and against the authority of the supreme international organizations." Complete adherence to any UN decisions (S/1574). Dominican Republic.-Is in complete agreement with resolutions of Security Council on Korea. So far as its resources permit will give every assistance in maintaining the independence and peace of the Republic of Korea (S/1528).

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Ecuador. Supports and "is prepared within the limits of its resources to assist in reestablishing" the order disturbed in Korea (S/1560).

El Salvador.-Resolutely supports Security Council decision (S/1534). Is studying what assistance it can render (S/1577).

Guatemala.-Agrees with measures adopted by Security Council and will lend all possible cooperation (S/1581).

Haiti.-Gives "full and entire approval to the Security Council resolutions"; is at disposal of Secretary-General "for any cooperation * * for moral support" (S/1552 and S/1559). Honduras. Is prepared to furnish such cooperation as is within its power with view to restoration of peace in Korea (S/1536).

Mexico.-Will faithfully fulfill the obligations incumbent upon it as a member of the UN (S/1537).

Nicaragua.-Reiterates its decision to cooperate with UN in maintenance of peace (S/1544). Is prepared to assist with foodstuffs within the limits of its resources and with raw materials such as rubber. Is also prepared when deemed advisable to cooperate by contributing personnel (S/1573).

Panama.-Will observe regulations adopted by Security Council and will give fullest possible cooperation in restoring international peace and security (S/1540).

Paraguay.-Will support measures to be taken by the UN for the protection of peace (S/1582).

Peru.-"Is prepared to concert its action with other members to furnish such assistance as may be necessary to restore peace" (S/1557). Uruguay.—Will resolutely support measures adopted by UN (S/1516). Is prepared to furnish fullest support within its power. Feels that most effective type of assistance should be suggested

Venezuela.-Supports resolution of June 27

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bearing in mind character of our resources and geographic position (S/1569). and remains firmly resolved to fulfill obligations deriving from its membership in UN (S/1535).

2. Europe and British Commonwealth

Australia.-Australian Government has decided to place two naval vessels at the disposal of the United States authorities on behalf of the Security Council in support of the Republic of Korea. Has decided to place at the service of the UN through the American authorities the RAAF fighter squadron now stationed in Japan (S/1574 and S/1530). Belgium.-Resolutions adopted by Security Council meet with full approval of Belgian Government. Will grant every useful assistance in its power to comply with the recommendation contained in resolution of June 27. Is ready to render such assistance as it may be called upon to furnish, in accordance with Security Council resolution (S/1519 and S/1542).

Canada.-Naval units to be moved into western Pacific waters where they might be of assistance to the UN and Korea if such assistance were required (S/1538).

Denmark.-Danish Government is able to offer assistance consisting of medicaments (certain drugs listed) at its expense (S/1572).

France. Consider that it is the duty of France and of all members to comply with Security Council's recommendations concerning assistance to the Republic of Korea. Since, however, it has for more than 3 years been engaged in a bitter struggle for a similar cause in the same quarter of the globe it would be unable, without prejudice to the efforts of the countries which it is supporting, to detach forces of any size for the operations initiated with a view to reestablishment of peace. Is nevertheless considering what measures it can undertake to comply with the many obligations incumbent upon it in pursuance of the UN appeal.

Iceland.-Fully agrees with Security Council action but for obvious reasons will not be able to furnish military or economic assistance (S/1567).

Italy. Has indicated general support for the Security Council action.

Luxemburg. Supports; will respect and fulfill Charter obligations (S/1549).

Netherlands.-Now considering relinquishment of sea forces for participation in the necessary measures to be taken in Korea (S/1526). Has instructed destroyer to join other maritime forces in Korean waters (S/1570).

New Zealand.-Is prepared to make available units of the Royal New Zealand Navy should this form of assistance be required and is at present in consultation with United Kingdom on this matter (S/1522).

Norway. Is prepared to take such measures as may be found desirable in order to assist the South Korean Government. In this connection, suggests the possibility that Norwegian tonnage might be offered for transportation purposes (S/1576).

Sweden. Expresses full agreement with the determination of the Security Council resolutions. States that "no diplomatic, com

mercial, or maritime relations exist between Sweden and North Korea. The Swedish Government, who has not the possibility to make any armed forces available for this purpose, will continue to consider the question of rendering assistance in other forms as may be found necessary" (S/1564).

Union of South Africa.-Noted with satisfaction the resolution of the Security Council. Would be prepared in consultation with Great Britain and the other Dominions to give the most careful and sympathetic consideration to any appeal for assistance in dire need received either from the UN or those western countries who associate themselves with the Security Council resolution and are most directly concerned (S/1543).

United Kingdom.-Supports United States action by immediately placing naval forces in Japanese waters at the disposal of the United States authorities to operate on behalf of the Security Council in support of South Korea (S/1515).

3. Far eastern states

Burma. Supports the stand taken by the Security Council in regard to Korea at meetings of the 25th and 27th June 1950. "My Government very much regrets, however, that they are not in a position to render any effective assistance" (S/1590).

China-On taking steps furnish such assistance as within its power to Republic of Korea (S/1521); offers to the UN 3 divisions of troops, 20 C-46 air transports, and a moderate amount of naval escort if UN should decide to transport the troops by sea (S/1562).

Philippines-Is prepared to contribute, as called upon, such amounts of copra, coconut oil, soap, rice, and anticholera typhoid dysentery vaccine; also smallpox virus that may help facilitate the implementation of the resolution.

Thailand.-Firmly behind Council in its resolutions and is prepared to support any action which UN may take and will consider and extend such assistance as is possible within its capability to Republic of Korea. In this connection, Thailand, being agricultural country, will be glad if required to assist Republic at once in matter of foodstuff's such as rice (S/1547).

Republic of Korea.-Government of the Republic of Korea expresses gratitude for Security Council action and for promptness and vigor with which UN members have acted to repel aggression and restore peace in Korea. Korean Government will unflinchingly carry on the struggle with all the resources at its command and calls upon its people to renew their resistance to the aggressor (S/1571).

4. Near and middle eastern states

Afghanistan.-Confirms the resolutions of the Security Council adopted on the 25th and 27th of June, but due to existing anxieties about the unsettled position in Pushtunistan, wishes to be excused from giving any help to the Korean Republic (S/1589).

Ethiopia.-Fully supports and accepts Security Council recommendation; is withdrawing all assistance to North Korea and endorses the efforts of states in better immediate position to render assistance to the Republic of Korea (S/1555).

Greece. Is ready to contribute to UN efforts within such limits as her well-known present circumstances would permit. "We are instructing our permanent delegate at Lake Success to keep in touch

with Your Excellency on the matter" (S/1546). Has decided to institute an embargo on all Greek exports to the North Korean area (S/1578).

India.-Voted in favor of first Security Council resolution and also accepts second Security Council resolution. "This decision of the Government of India does not, however, involve any modification of their foreign policy" (S/1520).

Iran.-Strongly confirms and supports Security Council resolutions. Sincerely hopes that peace and security will soon prevail in Republic of Korea (S/1566).

Israel. Supports Security Council and hopes UN will continue endeavors to aline all the Great Powers in a common effort for safeguarding world peace (S/1553).

Lebanon.-Notes the Security Council decision of June 25 and affirms desire to support any action decided to strengthen world peace within framework of UN. Feels it its duty to express the hope that all UN decisions, already taken or to be taken in the future, will be applied in conformity with the principles of right and justice. Will in all cases refrain from rendering any assistance whatsoever to any aggressor.

Pakistan.-Will give full support to measures proposed in the Security Council resolutions to stop hostilities (S/1539).

Saudi Arabia.-Took notice of the Security Council resolution of June 27 (S/1577).

Turkey. Is ready to fulfill any requirements requested by the Security Council and to get in touch with the Security Council on the matter (S/1552).

Yemen. Have noted resolutions passed by Security Council at meeting held on June 25 re Korean situation (S/1551).

IV. MEMORANDUM OF JULY 3, 1950, PREPARED BY THE DEPARTMENT OF STATE ON THE AUTHORITY OF THE PRESIDENT TO REPEL THE ATTACK IN KOREA

The memorandum is as follows:

This memorandum is directed to the authority of the President to order the Armed Forces of the United States to repel the aggressive attack on the Republic of Korea.

As explained by Secretary Acheson to the press on June 28, as soon as word of the attack on Korea was received in Washington, it was the view of the President and of all of his advisers that the first responsibility of the Government of the United States was to report the attack to the United Nations.

Accordingly, in the middle of the night of Saturday, June 24, 1950, Ambassador Gross, the United Nations Deputy Representative at the Security Council of the United Nations, notified Mr. Trygve Lie, the Secretary General of the United Nations, that armed forces from North Korea had commenced an unprovoked assault against the territory of the Republic of Korea.

A meeting of the Security Council was immediately called on Sunday, June 25, at the request of the United States. The Council at that meeting adopted a resolution, presented by the United States, calling on the North Korean authorities to cease hostilities and to withdraw their armed forces to the thirty-eighth parallel (which separates North Korea and the Republic of Korea). The resolution also requested the United Nations Commission on Korea to observe such withdrawal and to keep the Security Council informed on the execution of the resolution. Finally it called on all members to render every assistance to the United Nations in the execution of the resolution and to refrain from assisting the North Korean authorities.

A report from the United Nations Commission for Korea received on June 26 indicated that the Security Council resolution had been completely disregarded by North Korea and that the armed invasion of the Republic of Korea was continuing.

The President, accordingly on June 27, 1950, made an announcement pointing out that communism had defied the orders of the Security Council issued to preserve international peace and security and stating that he had therefore ordered United States air and sea forces to give the Korean Government troops cover and support. Since the occupation of Formosa by Communist forces would directly threaten the security of the Pacific area and United States forces there, he also ordered the Seventh Fleet to prevent any attack on Formosa. Further, he directed that United States forces in the Philippines be strengthened, that military assistance to the Philippine Government be accelerated as well as military assistance to the French forces and those of the associated states in Indochina, and that a military mission be dispatched to provide close-working relations with the forces in Indochina. The President stated that he knew that all members of the United Nations would consider carefully the consequences of this latest aggression in Korea in defiance of the United Nations Charter, and he instructed Ambassador Austin, the United States Representative to the Security Council, to report the steps he had taken to the Council.

This Ambassador Austin did on the afternoon of June 27, saying that he was happy and proud to report that the United States was prepared as a loyal member of the United Nations to furnish assistance to the Republic of Korea. He presented to the Council a draft resolution which inter alia noted the appeal from the Republic of Korea to the United Nations for immediate and effective steps to secure peace and security and recommended that United Nations members furnish such assistance to the Republic as might be necessary to repel the armed attack and restore international peace and security. The resolution was forthwith adopted by the Security Council at the same meeting on June 27.

Secretary Acheson at his news conference on June 28 emphasized that the actions of the United States had been taken in support of the United Nations. "After June 25," he said "all action in Korea has been under the aegis of the United Nations."

The President, as Commander in Chief of the Armed Forces of the United States, has full control over the use thereof. He also has authority to conduct the foreign relations of the United States. Since the beginning of United States history, he has upon numerous occasions utilized these powers in sending armed forces abroad. The preservation of the United Nations for the maintenance of peace is a cardinal interest of the United States. Both traditional international law and article 39 of the United Nations Charter and the resolution pursuant thereto authorize the United States to repel the armed aggression against the Republic of Korea.

The President's control over the Armed Forces of the United States is based on article 2, section 2 of the Constitution, which provides that he "shall be Commander in Chief of the Army and Navy of the United States."

In United States v. Sweeny, the Supreme Court said that the object of this provision was "evidently to vest in the President the supreme command over all the military forces-such supreme and undivided command as would be necessary to the prosecution of a successful war" (157 U. S. (1895) 281, 284).

That the President's power to send the Armed Forces outside the country is not dependent on congressional authority has been repeatedly emphasized by numerous writers.

For example, ex-President William Howard Taft wrote:

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"The President is made Commander in Chief of the Army and Navy by the Constitution evidently for the purpose of enabling him to defend the country against invasion, to suppress insurrection, and to take care that the laws be faithfully executed. If Congress were to attempt to prevent his use of the Army for any of these purposes, the action would be void. Again, in the carrying on of war as Commander in Chief, it is he who is to determine the movements of the Army and of the Navy. Congress could not take away from him that discretion and place it beyond his control in any of his subordinates, nor could they themselves, as the people of Athens attempted to, carry on campaigns by votes in the market place" (Our Chief Magistrate and His Powers, 1916, pp. 128–129). Professor Willoughby writes:

"As to his constitutional power to send United States forces outside the country in time of peace when this is deemed by him necessary or expedient as a means of preserving or advancing the foreign interests or relations of the United States,