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This file contains material relating to Operation Babylift, orphan airlift.
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1564062
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3/29/75 - Evacuation of Vietnamese Refugees
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id
1564062
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contentType
document
title
3/29/75 - Evacuation of Vietnamese Refugees
description
This file contains material relating to Operation Babylift, orphan airlift.
citationUrl
collections
John O. Marsh Files (Ford Administration)
John Marsh's War Powers Notifications Files
subjects
Vietnam (Republic)
Presidential powers
Refugees
Vietnam War, 1961-1975
Wars
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1564062
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1975-03-31
month
3
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1975
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1975-03-01
month
3
year
1975
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The original documents are located in Box 122, folder "3/29/75 - Evacuation of Vietnamese
Refugees" of the John Marsh Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 122 of The John Marsh Files at the Gerald R. Ford Presidential Library
March 22, 1975
MEMORANDUM FOR:
LES JANKA
FROM:
PHILIP BUCHEN
SUBJECT:
War Powers Resolution
I have your memorandum of March 20, 1975 on the above
subject and note only that I would like to be present when
decisions are discussed with respect to the tactics that
are to be followed on this matter.
I also acknowledge your point that arguments as to the
unconstitutionality of the subject Resolution have been
made and agree that the present circumstances involving
the War Powers Resolution do not necessitate raising
any such claim of Constitutionality at this time.
FORD A. RALD LIBRARY
GE
DE:-
Department of State
or / OXLINA
TELEGRA
2
30
CONFIDENTIAL 4269
PAGE 01 STATE 971735
73
ORIGIN H-02
INFO OCT-01 ARA-00 EUR-12 EA-06 ISC-00 PM-03 NSC-95 S2
SS-15 SR-02 ORM-01 I0-10 CIAE-00 INR-07 NSAE-00
DODE-09 NSCE-00 SSO-00 USIE-00 INRE-00 cco-on 1072
DRAFTED BY H-SAMUEL GOLDGERG:MT
APPROVED BY H-SAMUEL GOLDBERG
EA - MR. HABIB
WHITE HOUSE - MR. WOLTHUIS
5/S-0: MTANNER
036814
Z 292240Z MAR 75 ZFF4
FM SECSTATE WASHOC
TU USLO PEKING FLASH
AMEMBASSY MEXICO FLASH
AMEMBASSY BRUSSELS FLASH
AMEMRASSY ATHENS FLASH
C ONFIDENTIAL STATE 071735
E.O. 11652: GDS
TAGS: VS, PDEV, MILI
SUBJECT: WHITE HOUSE MESSAGE FOR CONGRESSIONAL LEADERSHIP
1. PLEASE CONVEY FOLLOWING MESSAGE FROM WHITE HOUSE
COUNSELOR MARSH TO THE FOLLOWING:
PEKING FOR SPEAKER ALBERT AND PER RHOPES
Heving REMATORS MANSETELL the GRIFFIN AND REP
WILSON
BRUNSEL S FAY SENSION SCOTT
ATHENS FOR REPRESENTATIVES O'NEILL, ANDERSON AND PRICE.
2. QTF THE PRESIDENT WANTED ME TO ADVISE YOU OF THE
FOLLOWING: IN RESPONSE TO THE APHEALS FROM THE GOVERNMENT
CONF IGENTIAL
45KDH 1/27/98
FORD A. GERALD LIBRAR
DEFT
GRING
Department of State
8)
STATES
or
CONFIDENTIAL
PAGE 02 STATE 071735
OF THE REPUBLIC OF VIET-NAM AND RECAUSE OF THE EXTREME
GRAVE NATURE OF THE CIRCUMSTANCES INVOLVING THE LIVES OF
HUNDREDS OF THOUSANDS OF REFUGEES, THE UNITED STATES IS
TAKING THE FOLLOWING ACTION:
(1) QTE THE PRESIDENT HAS ORDERED U.S. PARTICIPATION
IN A NAVAL EVACUATION EFFORT OFF THE COAST OF VIET-NAM TO
ASSIST IN THE TRANSPORT OF REFUGEES.
(2) QTE OUR PARTICIPATION IN THE REFUGEE EVACUATION IS
PART OF AN INTERNATIONAL HUMANITARIAN RELIEF EFFORT. 47
THIS POINT A NUMBER OF COUNTRIES, INCLUDING AUSTRALIA, THE
UNITED KINGDOM, THE REPUBLIC OF CHINA AND THE REPUBLIC Giv
THE PHILIPPINES ARE EXPECTED TO PARTICIPATE.
(3) QTE UNITED STATES NAVAL VESSELS, PRINCIPALLY
CONSISTING OF TRANSPORT SHIPS, WILL ENTER VIET-NAM WATERN
IN ORDER TO PICK UP REFUGEES BEING FERRIED OUT FROM THE
CUAST. I AM ADVISED HOWEVER OUR VESSELS WILL. STAND OFF
SHORE AND NOT PARTICIPATE IN HOSTILITIES.
(4) UNDER THE PRESENT PLAN A GROUPOF FOUR TRANSPORT
VESSELS WILL LEAVE THEIR PACIFIC BASES FOR VIET-NAM WATERS
TO UNDERTAKE THIS TASK. I AM INFORMED THE STEAMING TIME
FOR CLOSEST VESSEL IS ESTIMATED TO BF A DAY AND ONE-HALF F
JOHN U. MARSH, COUNSELOR TO THE PRESIDENT, END QTE. XIS
FORD A RALD LIBRARY
SUNFIDENTIAL
[ca 3/29/75
The President wanted me to advise you of the following:
In response to the appeals from the Government of the
Republic of Viet-Nam and because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees, the United States is taking the following action:
1.
The President has ordered U. S. participation in a naval
evacuation effort off the coast of Viet-Nam to assist in the transport
of refugees.
2. Our participation in the refugee evacuation is part of an
international humanitarian relief effort. At this point a number of
countries, including Australia, the United Kingdom, the Republic
of China and the Republic of the Philippines are also expected to
participate.
3. United States naval vessels, principally consisting of
transport ships, will enter Viet-Nam waters in order to pick up
refugees being ferried out from the coast. I am advised, however,
our vessels will stand off shore, and not participate in hostilities.
4. Under the present plan a group of four transport vessels will
leave their Pacific bases for Vietnam waters to undertake this task.
The steaming time for the closest vessel is estimated to be a day
and a half, I am informed.
FORD A LIBRARY RALD
GE
THE WHITE HOUSE
WASHINGTON
[ca. 3/29/75]
Phil
as per our
conversation last
Saturday evening,
here is states
Second Deaft reference
to War powers.
Wolthern
FORD & LIBRARY RALD BRAR
GE
1
3/29/75
Message to Congressional Leaders, including Chairman and Ranking
Minority Members
The President wanted me to advise you of the following:
In response to the appeals from the Government of the
Republic of Viet-Nam and because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees, the United States is taking the following action:
1. The President has ordered U. S. participation in a naval
evacuation effort off the coast of Viet-Nam to assist in the transport
of refugees.
2. Our participation in the refugee evacuation is part of an
international humanitarian relief effort. At this point a number of
countries, including Australia, the United Kingdom, the Republic
of China and the Republic of the Philippines are also expected to
participate.
3. United States naval vessels, principally consisting of
transport ships, will enter Viet-Nam waters in order to pick up
refugees being ferried out from the coast. I am advised, however,
our vessels will stand off shore, and not participate in hostilities.
4. Under the present plan a group of four transport vessels will
leave their Pacific bases for Vietnam waters to undertake this task.
The steaming time for the closest vessel is estimated to be a day
and a half, I am informed.
/s/ John O. Marsh, Jr.
RALD GE R. FORD CIBRARY
Counsellor to the President
Second Draft
In response to the appeals from the Government of the
Republic of Viet-Nam and because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees, the United States is taking the following action:
1. The President has ordered U.S. participation in a naval
evacuation effort off the coast of Viet-Nam to assist in the
transport of refugees.
2. The President wishes the Congress to be fully informed of
what we are doing.
3. Our participation in the refugee evacuation is part of an
international humanitarian relief effort. At this point a
number of countries, including Australia, the United Kingdom,
the Republic of China and the Republic of the Philippines are
also participating.
4. United States naval vessels, principally consisting of
transport ships, will enter Viet-Nam waters in order to pick up
refugees being ferried out from the coast. However our vessels
will not enter combat areas or participate in any hostilities.
5. A group of
transport vessels are leaving the naval
base in the Philippines for Viet-Nam waters to take up this task.
FORD A RALD LIBRARY 70
Responses to Further Questions
Q: Is this consultation under the War Powers Resolution?
A: Section 3 of the resolution requires consultation only when
United States forces are to be introduced into hostilities
2
or circumstances where hostilities are imminent. That is
not the case here.
However, we are informing the Congress
of our actions in accordance with the general spirit of the
War Powers Resolution.
This is a humanitarian effort in
which involvement in hostilities will be avoided.
Q: Will the ships fire back if fired upon?
A: No, if there is any serious risk from hostile fire, they
will withdraw.
Q: Does our action violate the statute prohibiting United States
military forces in Indochina since August 1973?
A: No. The statute prohibiting U.S. military forces in Indo-
china is designed to prevent U.S. involvement in hostilities.
U.S. military personnel engaged in this humanitarian relief
operation will not be involved in hostilities.
Q: Does the United States action violate the 1973 Agreement on
ending the war and restoring peace in Viet-Nam?
A: Where refugees have been forced to flee by North Vietnamese
forces, whose actions constitute a massive violation, we are
not bound to refrain from humanitarian efforts to assist
those refugees.
RALD GE R. FORD VERART
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
Sat Mar 29, 1975
Notification of Senators regarding use of Navy off Coast of South Vietnam.
Senator Eastland: Pleased President has done this.
Manafield: (cabled to Mexico)
Byrd (W. Va.) : Thinks President is doing right thing.
Scott: (Pa) Cabled to Europe
Griffin: Cabled to Mexico
Stennis: Very good move. We have obligation.
Thurmond: Agrees with action
Sparkman: Thinks this is a good move.
Case: Said 0. K.
McClellan: Not available
Young: Said "Fine".
Note: All Senator were reached late afternoon, Mar 29, 1975
William norc Kendall
FORD A. RALD LIBRARY 75
269
*******CO NFIDENTIAL*
8 COPY
OP IMMED
ESA5940MA358
DE RUQMAT #2462 0900833
0 3108302 MAR 75
FM AMEMBASSY ATHENS
TO SECSTATE WASHDC IMMEDIATE 8090
CONFIDENTIAL
LIMITED OFFICIAL USE ATHENS 2462
ED 11652 NA
TAGS vs, PDEV, MILI
SUBJ: WHITE HOUSE MESSAGE FOR CONGRESSIONALI LEADERSHIP
REF STATE 071735
1. PLEASE PASS TO WHITE HOUSE FOR JOHN 0. MARSH.
COUNSELOR TO THE PRESIDENT.
2. MESSAGE CONCERNING VIETNAM EVACUATION EFFORTS DELIVERED
TO CONGRESSMEN IN ATHENS SUNDAY MORNING.
KUBISCH
BT
FORD A RALE LIBRARY
GE
PSN:045369
PAGE 01
OF 01
TOR:090/08:56Z DTG:310830Z MAR 75
6
I
D
N
S COPY
0
THE WHITE HOUSE
M
WASHINGTON
March 31, 1975
MEMORANDUM FOR THE FILE
Pursuant to instructions from Jack Marsh the following
Members of the Senate and House leadership were notified
by the House and Senate Legislative Affairs staff regarding
the U.S. military role in evacuating refugees in Viet Nam.
Attached is a copy of the cable which was sent to Members
of the above list who were abroad. The others were contacted
by telephone.
Eastland - Miss.
Mansfield - Mexico (Cabled)
Scott - Europe (Cabled)
Byrd - W. Va.
Griffin - Mexico (Cabled)
Stennis - Miss.
Thurmond - S.C.
Sparkman - Ala.
Case - N.J.
McClellan - Ark.
Young - N.D.
Speaker - China (Cabled)
Rhodes - China (Cabled)
O'Neill - Middle East (Cabled)
McFall - Calif.
Morgan - Pa.
Broomfield - Mich.
FORD A RALE LIBRARY 30
Price - Athens (Cabled)
Wilson - Athens (Cabled)
Mahon - Tex.
Cederberg - Mich.
Michel - Ill.
Anderson - Athens (Cabled)
J. Edwards - Ala.
Robert K Wotthur
Robert K Wolthuis
Cable on
Veet nam
The President wanted me to advise you of the following:
Save
In response to the appeals from the Government of the
3-29-75
Republic of Viet-Nam and because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees, the United States is taking the following action:
1. The President has ordered U. S. participation in a naval
evacuation effort off the coast of Viet-Nam to assist in the transport
of refugees.
2. Our participation in the refugee evacuation is part of an
international humanitarian relief effort. At this point a number of
countries, including Australia, the United Kingdom, the Republic
of China and the Republic of the Philippines are also expected to
participate.
3. United States naval vessels, principally consisting of
transport ships, will enter Viet-Nam waters in order to pick up
refugees being ferried out from the coast. I am advised, however,
our vessels will stand off shore, and not participate in hostilities.
4. Under the present plan a group of four transport vessels will
leave their Pacific bases for Vietnam waters to undertake this task.
The steaming time for the closest vessel is estimated to be a day
and a half, I am informed.
1s/Jom
LIBRA RALD R. FORD
GE
Second Draft
In response to the appeals from the Government of the
Republic of Viet-Nam and because of the extremely grave nature
of the circumstances involving the lives of hundreds of thousands
of refugees, the United States is taking the following action:
1. The President has ordered U.S. participation in a naval
evacuation effort off the coast of Viet-Nam to assist in the
transport of refugees.
2. The President wishes the Congress to be fully informed of
what we are doing.
3. Our participation in the refugee evacuation is part of an
international humanitarian relief effort. At this point a
number of countries, including Australia, the United Kingdom,
the Republic of China and the Republic of the Philippines are
also participating.
4. United States naval vessels, principally consisting of
transport ships, will enter Viet-Nam waters in order to pick up
refugees being ferried out from the coast. However our vessels
will not enter combat areas or participate in any hostilities.
5. A group of
transport vessels are leaving the naval
base in the Philippines for Viet-Nam waters to take up this task.
FORD & LIBRAR RALE
Responses to Further Questions
Q: Is this consultation under the War Powers Resolution?
A: Section 3 of the resolution requires consultation only when
United States forces are to be introduced into hostilities
2
or circumstances where hostilities are imminent. That is
not the case here. However, we are informing the Congress
of our actions in accordance with the general spirit of the
War Powers Resolution. This is a humanitarian effort in
which involvement in hostilities will be avoided.
Q: Will the ships fire back if fired upon?
A: No, if there is any serious risk from hostile fire, they
will withdraw.
Q: Does our action violate the statute prohibiting United States
military forces in Indochina since August 1973?
A: No. The statute prohibiting U.S. military forces in Indo-
china is designed to prevent U.S. involvement in hostilities.
U.S. military personnel engaged in this humanitarian relief
operation will not be involved in hostilities.
Q: Does the United States action violate the 1973 Agreement on
ending the war and restoring peace in Viet-Nam?
A: Where refugees have been forced to flee by North Vietnamese
forces, whose actions constitute a massive violation, we are
not bound to refrain from humanitarian efforts to assist
those refugees.
GERALD RALD GE A. FORD UBRART