Foreign Relations of the United States, 1952–1954, Korea, Volume XV, Part 2

795.00/7–153: Telegram

The Secretary of State to the Embassy in Korea¹

top secret
niact

Washington, July 1, 1953—1:16 p.m.

4. Robertson from Secretary. Your #2.² Please explain to Rhee that not only is Rhee’s proposal beyond the scope of authority you have from the President but that President even if he wanted could not constitutionally give the pledge which Rhee seeks. This would in effect be war which President could not conduct without authorization by Congress. The present fighting was never expressly authorized by Congress because it was taken by US as member of UN pursuant to Security Council resolutions. Even so, there has been much criticism and allegation that war was illegal. War under circumstances Rhee suggests unless perhaps under fresh UN sanction, could not be pledged by President except subject to Congressional declaration of war.³ If the political conference failed, this would present an issue which would have to be faced at the time in the light of surrounding circumstances.

Dulles

1. This telegram was drafted and signed by Dulles.
2. Supra.
3. This sentence originally read: “War under circumstances Rhee suggests would not have UN sanction and could not be pledged by President except subject to Congressional declaration of war which would be highly problematic.” According to revisions on the source text initialed by Smith, it was changed to read as it does here.