vided protective air cover for this operation, and for the withdrawal by water of a few Americans from Can Tho, and in one instance suppressed North Vietnamese anti-aircraft artillery firing upon evacuation helicopters as they departed. The ground security forces on occasion returned fire during the course of the evacuation operation. The operation was ordered and conducted pursuant to the President's Constitutional executive power and his authority as Commander-in-Chief of U.S. Armed Forces. The United States Armed Forces performed a very difficult mission most successfully. Their exemplary courage and discipline are deserving of the nation's highest gratitude. Sincerely, GERALD R. FORD. REPORT DATED MAY 15, 1975, REGARDING USE OF U.S. ARMED FORCES IN THE MAYAGUEZ INCIDENT (SENATE DOCUMENT 94-56) THE WHITE HOUSE, Hon. JAMES O. EASTLAND, President pro tempore of the Senate, DEAR MR. PRESIDENT: On 12 May 1975, I was advised that the SS Mayaguez, a merchant vessel of U.S. registry enroute from Hong Kong to Thailand with a U.S. citizen crew, was fired upon, stopped, boarded, and seized by Cambodian naval patrol boats of the Armed Forces of Cambodia in international waters in the vicinity of Poulo Wai Island. The seized vessel was then forced to proceed to Koh Tang Island where it was required to anchor. This hostile act was in clear violation of international law. In view of this illegal and dangerous act, I ordered, as you have been previously advised, U.S. military forces to conduct the necessary reconnaissance and to be ready to respond if diplomatic efforts to secure the return of the vessel and its personnel were not successful. Two U.S. reconnaissance aircraft in the course of locating the Mayaguez sustained minimal damage from small firearms. Appropriate demands for the return of the Mayaguez and its crew were made, both publicly and privately, without success. In accordance with my desire that the Congress be informed on this matter and taking note of section 4(a)(1) of the War Powers Resolution, I wish to report to you that at about 6:20 a.m., 13 May, pusuant to my instructions to prevent the movement of the Mayaguez into a mainland port, U.S. aircraft fired warning shots across the bow of the ship and gave visual signals to small craft approaching the ship. Subsequently, in order to stabilize the situation and in an attempt to preclude removal of the American crew of the Mayaguez to the mainland, where their rescue would be more difficult, I directed the U.S. Armed Forces to isolate the island and interdict any movement between the ship or the island and the mainland, and to prevent movement of the ship itself, while still taking all possible care to prevent loss of life or injury to the U.S. captives. During the evening of 13 May, a Cambodian patrol boat attempting to leave the island disregarded aircraft warnings and was sunk. Thereafter, two other Cambodian patrol craft were destroyed and four others were damaged and immobilized. One boat, suspected of having some U.S. captives aboard, succeeded in reaching Kompong Som after efforts to turn it around without injury to the passengers failed. Our continued objective in this operation was the rescue of the captured American crew along with the retaking of the ship Mayaguez. For that purpose, I ordered late this afternoon an assault by U.S. Marines on the island of Koh Tang to search out and rescue such Americans as might still be held there, and I ordered retaking of the Mayaguez by other marines boarding from the destroyer escort Hall. In addition to continued fighter and gunship coverage of the Koh Tang area, these marine activities were supported by tactical aircraft from the Coral Sea, striking the military airfield at Ream and other military targets in the area of Kompong Som in order to prevent reinforcement or support from the mainland of the Cambodian forces detaining the American vessel and crew. At approximately 9 p.m., e.d.t. on 14 May, the Mayaguez was retaken by U.S. forces. At approximately 11: 30 p.m., the entire crew of the Mayaguez was taken aboard the Wilson. U.S. forces have begun the process of disengagement and withdrawal. This operation was ordered and conducted pursuant to the President's constitutional Executive power and his authority as Commander in Chief of the U.S. Armed Forces. Sincerely, GERALD R. FORD. APPENDIX V BIBLIOGRAPHY THE ROLE OF CONGRESS AND THE PRESIDENT IN THE USE OF U.S. Barrett, Raymond J. "The war powers: constitutional crisis." U.S. Naval Institute Proceedings vol. 99, November 1973: 18-25. Berdahl, Clarence Arthur. War Powers of the Executive in the United States. New York: Johnson Reprint Corp., 1970, [c1921] 296 pp. Berger, Raoul. Executive Privilege: a Constitutional Myth. Cambridge, Mass.: Harvard University Press, 1974. 430 pp. See especially chapter 2-5. Bestor, Arthur. "Separation of powers in the domain of foreign affairs: the intent of the Constitution historically examined." Seton Hall Law Review vol. 5, spring 1974: 527-665. Bickel, Alexander M. "Congress, the President and the power to wage war." Chicago-Kent Law Review vol. 48, fall-winter 1974: 131. "Brief for Constitutional Lawyers Committee on Undeclared War as amicus curiae, Massachusetts v. Laird." Wayne Law Review vol. 17, January-February 1971: 67-151. Campisi, Dominic J. "Honored in the breech: Presidential authority to execute the laws with military force." Yale Law Journal vol. 83, November 1973: 130-152. Cheever, Daniel S. and H. Field Haviland, Jr. American Foreign Policy and the Separation of Powers. Cambridge: Harvard University Press, 1952. 244 pp. "Constitutional law-standing of Members of Congress to challenge executive action in the war in Indochina-Mitchell v. Laird." Maryland Law Review vol. 33, March 1973: 504-511. Corwin, Edward S. The President, Office and Powers, 1787-1957; History and Analysis of Practice and Opinion. 4th rev. ed. New York: New York University Press, 1957, 519 pp. Deutsch, Eberhard P. "The President as Commander-in-Chief." American Bar Association Journal vol. 57, January 27-32. Dvorin, Eugene P., ed. The Senate's War Powers; Debate on Cambodia From the Congressional Record. Chicago: Markham Publishing Co., [c1971] 244 pp. Dworkin, Terry Morehead. ""Time of war' and the war powers resolution." Indiana Law Journal vol. 49, spring 1974: 435-447. Eagleton, Thomas F. War and Presidential Power: a Chronical of Congressional Surrender. New York: Liveright, 1974. 240 pp. "Whose power is war power?" Foreign Policy vol. 1, fall 1972: 23–32. Additional views: John Stennis, 32-33; Barry Goldwater, 33-36; Dante Fascell, 37. Also in Congressional Record [daily ed.] vol. 119, January 29, 1973: S1417-S1421. Ehrlich, Thomas. "The legal process in foreign affairs: military interventiona testing case." Stanford Law Review vol. 27, February 1975: 637–652. Emerson, J. Terry. "Imperatives of the President's war powers." Strategic Review vol. 2, winter 1974: 44-51. Falk, Richard A., ed. The Vietnam War and International Law. Vol. 2. Princeton, N.J.: Princeton University Press, 1969. 1270 pp. The Vietnam War and International Law: the Widening Context. Vol. 3. Princeton, N.J.: Princeton University Press, 1972. 951 pp. Fisher, Louis. President and Congress; Power and Policy. New York: Free Press, 1972. 347 pp. Frye, Alton. A Responsible Congress: the Politics of National Security. New York: McGraw-Hill, 1975. 238 pp. See especially pages 177-215. Gilbert, Robert E. "President's power to make war." University of Missouri at Kansas City Law Review winter 1973: 158–174. Goldberg, Arthur J. "Constitutional limitations on President's power." American University Law Review vol. 22, summer 1973: 667-716. Goldwater, Barry. "The President's constitutional primacy in foreign relations and national defense." Virginia Journal of International Law vol. 13, summer 1973: 463-489. Halperin, Morton H. and Arnold Kanter, eds. Readings in American Foreign Policy; a Bureaucratic Perspective. Boston: Little, Brown, 1973. 434 pp. Hargrove, Erwin C. The Power of the Modern Presidency. Philadelphia: Temple University Press, 1974. 353 pp. Harrison, Stanley L. "President and Congress: the war powers wrangle." Military Review vol. 54, July 1974: 40-49. Henkin, Louis. Foreign Affairs and the Constitution. Mineola, New York: Foundation Press, 1972. 553 pp. Javits, Jacob. Who Makes War; the President versus Congress. New York: Morrow, 1973. 300 pp. Jenkins, Gerald L. "The war powers resolution: statutory limitation on the commander in chief." Harvard Journal on Legislation vol. 11, February 1974: 181-204. "Judicial proceedings in Holtzman v. Schlesinger (war powers; military activities in Cambodia)." International Legal Materials vol. 2, July 1973: 783-844. "Justiciability of Presidential war power." St. John's Law Review vol. 48, December 1973: 309-316. Katzenbach, Nicholas. "Comparative roles of the President and the Congress in foreign affairs." Department of State Bulletin vol. 47, September 11, 1967: 333-336. Lake, Anthony, ed. The Legacy of Vietnam: the War, American Society, and the Future of American Foreign Policy. New York: New York University Press, 1975. May, Ernest. The Ultimate Decision: the President as Commander in Chief. New York: G. Braziller, 1960. 290 pp. Meeker, Leonard C. "The legality of United States participation in the defense of Viet-Nam." Department of State Bulletin vol. 54, April 28, 1966: 474-489. Moore, John. Law and the Indo-China war. Princeton: Princeton University Press, 1972. 794 pp. Murphy, John F. "Knowledge is power: foreign policy and information interchange among Congress, the executive branch, and the public." Tulane Law Review vol. 49, March 1975: 505-554. "1973 war powers legislation: Congress reasserts its warmaking power." Loyola University Law Journal (Chicago) vol. 5, winter 1974: 83–106. Pusey, Merlo John. The Way We Go to War. Boston: Houghton Mifflin Co., 1969. 202 pp. Reveley, W. Taylor, III. "Constitutional allocation of the war powers between the President and Congress: 1787-1788." Virginia Journal of International Law vol. 15, fall 1973: 73–147. Roberts, Charles, ed. Has the President Too Much Power? New York: Harper's Magazine Press, 1974. 257 pp. See especially part 4. Rodino, Peter W., Jr. "Congressional review of executive action." Seton Hall Law Review vol. 5, spring 1974: 489–525. Schlesinger, Arthur M., Jr. The Imperial Presidency. Boston: Houghton Mifflin Co., 1973. 505 pp. Scribner, Jeffrey L. "The President versus Congress on warmaking authority." Military Review vol. 52, April 1972: 87–96. Shaffer, Lewis A. "Presidential power to make war." Indiana Law Review vol. 7, 1974: 900-924. Smith, John M. and Stephen Jurika. The President and National Security: His Role as Commander in Chief. Dubuque, Iowa: Kendall/Hunt Publishing Co., 1972. 303 pp. Sugarman, Robert P. "Judicial decisions concerning the conditionality of U.S. military activity in Indochina: a bibliography of court decisions." Columbia Journal of Transnational Law vol. 13, No. 3, 1974: 470-481. Tugwell, Rexford G. and Thomas E. Cronin, eds. The Presidency Reappraised. New York: Praeger, 1974. 312 pp. U.S. Congress. Conference Committees, 1972. War Powers; conference report to accompany H.J. Res. 542. Washington: U.S. Govt. Print. Off., 1973. 10 pp. (93d Congress, 1st session. House Report No. 93-547.) U.S. Congress. House. "Debate and passage of H.J. Res. 683, to implement the U.S. proposal for the early warning system in Sinai." Congressional Record [daily ed.] vol. 121, Oct. 8, 1975: H9810-H9862. U.S. Congress. House. Committee on Foreign Affairs. Concerning the War Powers of Congress and the President; report to accompany H.J. Res. 1. Washington: U.S. Govt. Print. Off., 1971. 8 pp. (92d Congress, 1st session. House Report No. 92-383.) - Concerning the War Powers of Congress and the President; report to accompany H.J. Res. 1355. Washington: U.S. Govt. Print. Off., 1970. 8 pp. (91st Congress, 2d session. House Report No. 91-1547.) Concerning the War Powers of Congress and the President; report to accompany S. 2956. Washington: U.S. Govt. Print. Off., 1972. 7 pp. (92d Congress, 2d session. House Report No. 92–1302.) War Powers Resolution of 1973; report to accompany H.J. Res. 542. Washington, U.S. Govt. Print. Off., 1973. 20 pp. (93d Congress, 1st session. House Report No. 93–287.) U.S. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments. Congress, the President. and the War Powers. Hearings, 91st Congress, 2d session. June 19-Aug. 5, 1970. Washington: U.S. Govt. Print. Off., 1970. 601 pp. War powers. Hearings, 93d Congress, 1st session. Mar. 7-20, 1973. Washington: U.S. Govt. Print. Off., 1973. 532 pp. War Powers Legislation. Hearings, 92d Congress, 1st session. June 1 and 2, 1971. Washington: U.S. Govt. Print. Off., 1971. 145 pp. U.S. Congress. House. Committee on International Relations. Middle East Agreements and the Early Warning System in Sinai. Hearings, 94th Congress, 1st session. Sept. 8, 11, 18, and 25, 1975. Washington: U.S. Govt. Print. Off., 1975. 77 pp. U.S. Congress. House. Committee on International Relations. Subcommittee on International Political and Military Affairs. Seizure of the Mayaguez. Hearings. 94th Congress, 1st session. Part I. May 14 and 15, 1975. Washington: U.S. Govt. Print. Off., 1975. 131 pp. U.S. Congress. House. Committee on International Relations. Subcommittee on International Security and Scientific Affairs. War Powers: A Test of Compliance Relative to the Danang Sealift, the Evacuation of Phnom Penh, the Evacuation of Saigon, and the Mayaguez Incident. Hearings. 94th Congress, 1st session. May 7 and June 4, 1975. Washington: U.S. Govt. Print. Off., 1975. 136 pp. The War Powers Resolution; relevant documents, correspondence, reports. Washington: U.S. Govt. Print. Off., 1975. 42 pp. (94th Congress, 1st session. Committee print.) U.S. Congress. House. Committee on the Judiciary. National Emergencies. Washington: U.S. Govt. Print. Off., 1975. 56 pp. (94th Congress, 1st session. House Report No. 94-238.) U.S. Congress. Senate. "Debate and passage of civilian technicians in the Sinai." Congressional Record [daily ed.] Oct. 9, 1975: S17916–S18010. U.S. Congress. Senate. Committee on Foreign Relations. Documents relating to the war power of Congress, the President's authority as Commander in Chief and the war in Indochina. Washington: U.S. Govt. Print. Off., 1970. 252 pp. (91st Congress, 2d session. Committee print.) Early Warning System in Sinai. Hearings, 94th Congress, 1st session, on memoranda of agreements between the Governments of Israel and the United States. Oct. 6 and 7, 1975. U.S. Govt. Print. Off., 1975. 264 pp. National Commitments: report to accompany S. Res. 187. Washington: U.S. Govt Print Off., 1967. 29 pp. (90th Congress, 1st session. Senate. Report No. 797.) National Commitments; report, together with minority views to accompany S. Res. 85. Apr. 16, 1969. Washington: U.S. Govt. Print. Off., 1969. 44 pp. (91st Congress, 1st session. Senate Report No. 91-129.) Termination of Southeast Asia Resolution; report to accompany S. Con. Res. 64. May 15, 1970. Washington: U.S. Govt. Print. Off., 1970. (91st Congress, 2d session. Senate Report No. 91-872.) War Powers; report to accompany S. 440. Washington: U.S. Govt. Print. Off., 1973. 38 pp. (93d Congress, 1st session. Senate Report No. 220.) War Powers; report together with additional views of Senator Fulbright and individual views of Senator John Sherman Cooper, to accompany S. 2956. |