Speeches by Chesterfield - Vol. XI, 167-169. 1976-1977

Speech #167 Notes on the Legal
System of Israel

Top copy (bond paper) is the edited
copy that was retyped 12/23/76

Also uti Lila
i thos Wet riqi
^sQee~e-.m

for tha Lime -.bijg
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Gov. Askew's remarks of 12/5/76
also on file in #167 section.

.ii --| V %L -

NOTES ON THE LEGAL SYSTEM OF ISRAEL

CHESTERFIELD SMITH
LAWYER
LAKELAND, FLORIDA

DECEMBER 20, 1976

~1&Y>4? / >,. 2u7~{

7

TO THOSE WHO ARE AWARE OF WHAT IS GOING ON IN

VIBRANT VIGOROUS DYNAMIC YET YOUNG ISRAEL IT IS

OF COURSE REDUNDANT TO POINT OUT THAT THE CREATION OF THE

NEW NATION IN 1948 NECESSARILY CAUSED THE CREATION OF A

NEW LEGAL SYSTEM.

YET IT SEEMS TO ME THAT THAT WAS A

PARTICULARLY INVOLVED MATTER IN ISRAEL WHICH WAS FACED

WITH THE MONUMENTAL PROBLEM OF COLLATING THE JUDICIAL AND

LEGAL DIFFERENCES OF A JEWISH PEOPLE WHO HAD BEEN SEPARATED

AND SCATTERED THROUGHOUT THE CIVILIZED WORLD FOR NEARLY TWO

THOUSAND YEARS.

CERTAINLY IT IS OBVIOUS THAT NOW -

ALMOST THIRTY YEARS LATER THE BASIC LAW OF ISRAEL IS ONLY

NOW TAKING DEFINITIVE SHAPE THOUGH ITS ORIGINS REMAIN

BUTTRESSED ON THE GOVERNMENT ORGANIZATION AND LAW ORDINANCE

ADOPTED IN 1948j THE FIRST ACT OF LEGISLATION PASSED AFTER

THE ESTABLISHMENT OF THE STATE OF ISRAEL.

THAT "SMALL CONSTITUTION" PROVIDED THAT THE LAW

OF PALESTINE WAS TO CONTINUE IN FORCE INSOFAR AS IT WAS

NOT REPUGNANT TO LAWS PROMULGATED IN ISRAEL AND OF COURSE

SUBJECT TO THE CHANGES FROM TIME TO TIME NECESSARILY RE-

SULTING FROM THE ESTABLISHMENT OF THE NEW STATE,

THAT WISE DECISION OF STATE SUCCESSION MADE THE

IMPACT ON THE PEOPLE OF THE NEW LEGAL SYSTEM FAR LESS DRASTIC

THAN WOULD HAVE OTHER ROUTES BUT IT DOES REQUIRE US TO

FIND OUT WHAT THE LAW OF ISRAEL IS TODAY BY LOOKING AT WHAT

THE LAW OF PALESTINE WAS IN 1948.

THE OLD PALESTINIAN CONSTITUTION PROVIDED THAT

-2-

THE CORNERSTONE OF THE PALESTINIAN LAW WAS COMPOSED OF

BOTH TURKISH AND ENGLISH LAW,

THAT TURKISH LAW HAD

BEEN FIRST BASED ON ISLAMIC PRINCIPLES; LATER HOWEVER -

TURKISH COMMERCIAL LAWS WHICH WERE ENACTED IN THE SECOND

HALF OF THE NINETEENTH CENTURY FOLLOWED FRENCH LAW,

THERE WAS THUS A VARIETY OF LAWS APPLICABLE WHICH SOME-

TIMES CAUSED CONFUSION ESPECIALLY IN CONNECTION WITH THE

PROVISION IN THE 1948 ISRAELI ORDINANCE WHICH RESTRICTED

THAT APPLICATION OF EXISTING LAW IF THE SITUATION INVOLVED

DID NOT CLEARLY FALL UNDER THE STATUTES,

AN INTERESTING AND MOST IMPORTANT POINT WHICH THUS

RESULTS WAS THAT THERE COULD NEVER BE ANY LACUNA IN THE LAW

OF ISRAEL FOR THE ENGLISH COMMON LAW IN PALESTINE LIKE THE

-3-

UNITED STATES WAS DEEMED TO PROVIDE FOR AND COVER ALL

CASES AND SITUATIONS NOT COVERED BY STATUTORY LAW.

THE

JURISDICTION OF THE COURTS IN ISRAEL HAS THUS SINCE ITS

INCEPTION AS WAS THAT OF PALESTINE BEFORE BEEN GRACED

WITH THE FORMS PROCEDURES AND JUDICIAL REMEDIES OF

THE COMMON LAW AND EQUITY IN ENGLAND,

IT SHOULD BE NOTED THAT DURING THE DURATION OF

THE MANDATE MANY ORDINANCES WERE ENACTED AND FOR THAT

REASON THE BULK OF TURKISH LAWS HAD CEASED TO HAVE MUCH

PRACTICAL EFFECT IN PALESTINE.

THAT TREND HAS BEEN EVEN

MORE PRONOUNCED UNDER THE ISRAELI GOVERNMENT,

HOWEVER -

THE TURKISH CIVIL CODE THE TURKISH LAND LAWS AND SOME

ARTICLES OF THE TURKISH LAW OF PROCEDURE AND COMMERCIAL CODE

-4-

ARE STILL IN FORCE IN ISRAEL TODAY,

ANCES JUST AS THE ORDINANCES OF PALESTINE CONTINUED

TO BE MODELED PRIMARILY UPON AND FOLLOW ENGLISH COMMON LAW -

EQUITY AND STATUES.

IN ADDITION TO THE CIVIL COURTS PALESTINE ALSO

RECOGNIZED THE MOSLEM RELIGIOUS COURTS THE RABBINICAL

COURTS OF THE JEWISH COMMUNITY AND THE COURTS OF THE

SEVERAL CHRISTIAN COMMUNITIES RESPECTIVELY.

ISRAEL

CONTINUED ALL OF THESE COURTS WITH JURISDICTION IN MATTERS

OF PERSONAL STATUS AND IN MATTERS OF RELIGIOUS ENDOWMENTS.

EVEN TODAY EACH OF SUCH COURTS CONTINUE TO EXERCISE

JURISDICTION OVER MEMBERS OF ITS COMMUNITY;

IN SOME

MATTERS EXCLUSIVE JURISDICTION BUT IN MOST MATTERS -

-5-

THE ISRAELI ORDIN-

JURISDICTION ONLY WHERE ALL PARTIES GIVE THEIR CONSENT

THERETO,

IT IS OF COURSE OBVIOUS THAT THE VARIOUS

RELIGIOUS COURTS ADOPT AND FOLLOW THEIR RESPECTIVE RELIGIOUS

LAWS.

FOR MANIFEST REASONS THE SITUATION TODAY IS

EVEN MORE CONFUSING IN THE OCCUPIED TERRITORIES,

THE

ISRAELI GOVERNMENT MADE THE DECISION TO PRESERVE UNTIL A

FINAL PEACE TREATY AS MUCH AS POSSIBLE THE LEGAL STATUS

QUO IN THOSE AREAS AND SO WHEN APPROPRIATE THE ISRAELI

COURTS NOW ALSO INTERPRET AND ENFORCE THESE JORDANIAN -

EGYPTIAN AND SYRIAN LAWS,

INTERESTINGLY ENOUGH SOME

OF THE JORDANIAN JUDGES ON THE WEST BANK APPARENTLY HAVE

CONTINUED TO SERVE AS JUDGES FOR DISPUTES INVOLVING JORDANIAN

-6-

NATIONALS EVEN SINCE THE OCCUPATION ALTHOUGH APPEALS

THEREFROM ULTIMATELY DO GO THROUGH THE ISRAELI COURTS.

WITH SUCH A HODGE-PODGE OF BASIC LAW IT IS

NOT SURPRISING THAT CONFLICTS OF LAWS ARE NOT INFREQUENT.

PARENTHETICALLY THE PRESENT JUDGES AND ADVOCATES OF

ISRAEL HAVE RECEIVED THEIR LEGAL TRAINING IN MANY LANDS

AND UNDER DIFFERENT LEGAL SYSTEMS ALTHOUGH PRIMARILY

IN COMMON LAW COUNTRIES.

IT TOO IS MY UNDERSTANDING

THAT MODERN ISRAEL HAS THE SMALLEST RATIO' OF LAWYERS

TO POPULATION OF ANY NATION IN THE WORLD.

ONE CAN

THUS EASILY UNDERSTAND THAT IN ISRAEL TODAY THERE ARE

REMARKABLE DIVERSE AND INNOVATIVE APPROACHES BY ADVOCATES

AND JUDGES TO LAW AND LEGAL PRINCIPLES,

WHILE THE

-7-

DISPARITY CREATES PROBLEMS ONE CAN SAY THAT THE PRESENT

JUSTICE SYSTEM IN ISRAEL IS A JUSTICE MELTING POT ASSIMILAT-

ING THE BEST PRINCIPLES OF THE DIFFERENT LEGAL SYSTEMS OF

THE WORLD.

ALMOST UNINTENTIONALLY THE SCIENCE OF

COMPARATIVE LAW IS BEING GRADUALLY DEVELOPED IN ISRAEL

AS THE TOUCHSTONE OF A BETTER JUSTICE.

TO ILLUSTRATE THE LAST POINT WITH REFERENCE TO

AMERICAN LAW THERE ARE NOW SO MANY AMERICAN LAWYERS -

OR LAWYERS TRAINED IN AMERICA PRACTICING IN ISRAEL THAT

THE ISRAEL SUPREME COURT REPORTS ARE REPLETE WITH JUDGMENTS

OF COURTS IN THE UNITED STATES WHICH ARE REFERRED TO AS

PERSUASIVE AUTHORITIES AND RELIED SUBSTANTIALLY UPON BY THE

I WAS TOLD THAT IN RECENT YEARS THE

JUDGES OF ISRAEL,

AMERICAN PRECEDENTS ARE CITED FAR MORE OFTEN THAN THE ENGLISH

PRECEDENTS,

SPECIAL REFERENCE SHOULD BE MADE TO THE REVIVAL OF

THE OLD HEBREW LAWS AND AUTHORITIES,

THE VARIOUS COM-

MENTARIES AND INTERPRETATIONS OF LEARNED JEWISH AUTHORS HAS

PROVIDED FOR MODERN ISRAEL A VAST SOURCE OF LAW,

WITH THE

REVIVAL IN ISRAEL SINCE 1948 OF THE HEBREW LANGUAGE MANY

OF THESE OLD BOOKS ARE BEING BROUGHT BACK TO DAILY LIFE -

AND ISRAELI JUDGES HAVE TOLD ME THAT THEY ARE AMAZED AT THE

PRACTICAL APPROACH TO VARIOUS PROBLEMS AND THE WISDOM -

ACUMEN AND UNDERSTANDING OF THEIR HEBREW JUDICIAL FOREBEARS

OF CENTURIES AGO,

THE GOVERNMENT OF ISRAEL HAS BY NOW DRAFTED

-9-

MODERN LEGISLATION ON ALMOST ALL PERTINENT SUBJECTS.

EVEN SO LAW REFORM CONTINUES TO BE AS SIGNIFICANT THERE

AS IN THE UNITED STATES,

THERE ARE ALWAYS AT WORK MUL-

TIPLE COMMITTEES OF LAWYERS JUDGES AND ACADEMICIANS -

STUDYING VARIOUS AREAS OF THE LAW AND RECOMMENDING REFORMS

OR CODIFICATIONS WHERE NECESSARY, HOWEVER I REITERATE

A STRONG BELIEF THAT IT IS REASONABLY CERTAIN THAT THE

ISRAEL LAWS OF THE FUTURE WILL FOLLOW EVEN MORE ANGLO-

AMERICAN LAW WITH AN EVER INCREASING EMPHASIS ON AMERICAN

LAW.

IN CONCLUSION THE LAW OF THE STATE OF ISRAEL -

WHILE NOW FAIRLY SOPHISTICATED AND COMPLEX HAS PROBABLY

NOT YET BEEN FINALLY MOULDED,

IT REMAINS OR SO IT

-10-

BUT

SEEMS TO ME IN AN EVOLUTIONARY STAGE.

NO REAL CONSTITUTION AND UNFORTUNATELY IT IS UNLIKELY THAT

A CONSTITUTION SIMILAR TO THE AMERICAN CONSTITUTION WILL BE

ADOPTED.

I SAY UNFORTUNATELY BECAUSE AT LEAST EMBRYONICALLY

I SEE PROBLEMS DEVELOPING IN ISRAEL BECAUSE NO IMMUTABLE LAW

EXISTS IN A BASIC GOVERNMENTAL DOCUMENT WITH THE BIGGEST

SINGLE ONE OF THESE BEING THE FAILURE LEGALLY TO SEPARATE

CHURCH AND STATE, BUT EVEN SO IT IS FAIR TO STATE THAT THE

LAW IN ISRAEL IS AS REASONABLY CERTAIN AS IN THE UNITED STATES

AND THAT THE ISRAELI COURTS AND THE JUDGES OF THOSE COURTS

APPEAR TO BE EQUALLY IMBUED WITH THE UNQUENCHABLE SPIRIT OF

JUSTICE AND FAIRNESS AND LIBERTY AS ARE THE JUDGES IN THE

-11-

THERE IS AS YET

CERTAINLY I FOR ONE AM CONVINCED THAT

THE ISRAELI COURTS ADJUDICATE IMPARTIALLY BETWEEN ALL

LITIGANTS AND CONSTANTLY SEEK TO IMPROVE THE AVAILABILITY

AND ACCESS OF ALL OF ITS CITIZENS TO THE COURT SYSTEM,

(THE END)

-12-

UNITED STATES,

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 167A

VOLUME XI

REMARKS OF

REUBIi O'D, ASKEW

GOVERNOR OF FLORIDA

AT THE

STATE OF ISRAEL BOn:DS 'PIIIEP

TAMPA, FLORIDA

DECEMBER 5, 1976

I At VERY HO'iORED TO 2E IfERE TON I GIHT.

FOR A LOHG TIME, I HAVE HELD A SPECIAL FEELING OF

KINSHIP TO ISRAEL AND THE JEWISH PEOPLE. THIS KINSHIP IS

ONE THAT IS SHARED BY PEOPLE WHO LOVE FREEDOM ALL OVER THE

WORLD..

ONE CANNOT HELP BUT BE MOVED BY THE CONTINfUED

STRUGGLE AND TRIUMPHS OF A NATIOrN THAT TRACES ITS MANDATE

TO BIBLICAL HISTORY, AND YET, IT IS A NATION SO YOUNG

THAT IT IS OLY NOW APPROACHING THE 30TH ANNIVERSARY OF

ITS INDEPEhDEI:CE.

2.

TIE HISTORY OF ISRAEL AND THE JEfISH PEOPLE STIRS

TIE HUUAN SOUL, BECAUSE IT IS A STORY OF A PEOPLE WHO

CONTINUE TO REACH FOR THE GREAT HEIGHTS OF HUMAN

ACCOiPLISHEi'NT AGAINST INCREDIBLE ODDS.

ON MAY 14, 1948, WHEN ISRAEL DECLARED INDEPENDENCE,

JEWISH PEOPLE THE HORLD OVER COULD FINALLY RECOGNIZE THEIR

OW-N HOFMELUD. THIS TINY NEW NATION OPENED ITS ARMS TO

THOUSANDS OF JEWISH REFUGEES -- MAI!Y OF THEM THE SURVIVORS

OF THE HOLOCAUST.

-2

AND THEY CAME . IMPOVF ISHED AND WITH FEE

POSSESSIONS, IF AFY. 'MAY'Y OF ISRAEL'S NEW CITIZENS COULD

'1OT SnEA(K iER-FY., 'MOST HAD !'!0 TRAIVINGr IN AGRICULTURE,

EVEN AS THEY FACED THE HARSHEST CONDITIONS FROM THE LAND;

AND 3MST OF THE' KNEW NOTHING OF THE MILITARY, EVEN AS THEY

VERE SURRObUNDiED BY AN ENEMY BENT Oil THEIR DESTRUCTION.

BUT WITH AU UNJI.AVERING DETERMINATION AND DEVOTION,

TiE rEODLE OF ISREL TOOK I! HAI!D RAKES AND PLOWS, TO TURN

BARREN, DUSTY nLAINS INTO FERTILE, PRODUCTIVE FARMLAND.

THEY TOOK UP ARMt, OT TO LAUNCH ANY OFFENSIVE, EUT TO

DEFENi THE SiALL CLAIM THE JEWIS.H PEOPLE HAVE MADE THROUGH

HUNDREDS OF YEARS OF PERSECUTION.

ISRAFL hAS NOT 0OLY SURVIVED BUT HAS THRIVED . .

A NEW DEMOCRACY WHOSE VIRTUES ARE TIED TO MANY OF THE BASIC

PRECEPTS ON WHICH OUR. .O UNITED STATES WAS FOUNDED,

THERE IS A SPECIAL B~n D BETWEEN ISRAEL AND THE UNITED

STATES THAT TRANSCEfDS THE WORLD POLITICS OF TODAY. IT IS

A BOND BASED ON THE WORTH OF THE INDIVIDUAL IN SOCIETY,

AND A BELIEF THAT HUMAfti RIGHTS SHOULD BE SECONDARY TO

NOTHING ELSE.

ISRAEL'S ADHERENCE TO THESE BASIC PRINCIPLES OF

DEMOCRACY WAS RECOGNIZED BY THAT NATION'S GREAT STATESMAN,

ABBA EBAN, WHEN HE SPOKE THESE WORDS THREE YEARS AGO:

"OUR EXPERIENCE IN ISRAEL REFUTES THE- C(TMON THEME

IN DEVELOP!lG C'OUTRIES THAT, IN DANGER AND CRISIS, YOU

HAVE TO SACRIFICE DEMOCRACY AND ESTABLISH MORE TOTALITARIAN

FORS OF GOVER~!~EiiT. WE HAVE SHO-!N THAT THERE IS ALMOST

NO DANGER, CONiDITIIO OR PERIL TO WHICH A DEMOCRATIC STRUCTURE

CANNOT BE RESPONSIVE."

IT IS THIS KIND OF Ti'I!KliING THAT HAS EENU THE BASIS

FOR AfERICA'S STRIL;GTH. AND, IT IS ON THIS FOUNDATION THAT

ISRAEL HAS DERIVED ITS STRENGTH.

THAT IS WIiY FREEDOM-LOVING PEOPLE EVERYWHERE IDENTIFY

WITH THE JEWISH PEOPLE AND THE STATE OF ISRAEL. THAT IS WHY

ISRAEL, A SMALL COUNTRY, REPRESENTS THE STRUGGLE FOR FREEDOM

AND HUAJ"ANf DIGNITY IN; LASTING, HISTORIC WAYS.

AND, THA1T IS VWY IF AEL NI4LL CO1 TINUE TO SERVE AS

A DEACONi F HOPE TO PEOPLE. THROUGHOUT THE WORLD.

THE ENTIRE WORLD WAITED BREATHLESSLY ONLY A FEW

MONTHS AGO, W lHEN ARAB TERRORISTS HIJACKED AN AIR FRANCE

JET OVER GREECE, HOLDING 103 PERSONS HOSTAGE -- MOST OF

TIEM ISRAELIS -- IN UGANDA. TIE TERRORISTS DEMANDED TIIE

RELEASE OF MORE THAN 50 FELLOW TERRORISTS BEING HELD BY

THE ISRAELI GOVERrNENT AND THREATENED MASS MURDER OF

HOSTAGES IF THESE DEMANDS WERE NOT MET.

IN ONE OF THE MOST COURAGEOUS AND EFFECTIVE RESCUES

'I HI!STnRv, ISRAELI SOLDIERS DESCENDED UPON ENTEBBE AIRPORT

IN' THE EARLY I:OURS OF OUR AMEPICANI II-DEPENDENCE DAY, JULY 4TH,

7,

REACHING 2,500 l ,LES INTO NFRIFNDLY TERRITORY, THE

ISRAELIS FREED THE 'HOTAG0ES, STRIKIN(IG A ELOS FOR FREEDnM

AND AGAINST INTERNATIONAL TERRORISM.

THE WORLD BREATHED A STIH OF RELIEF. PRIME MINISTER

PAEIN SAID THAT THE RESCUE "WILL BE WRITTEN IN THE ANNALS

OF THE I ATION."

ISRAEL AN!D THE UNITED STATES CAN NtOW SHARE IN THE

CELEBRATION OF THE FOURTH OF JULY AS A MILESTONE TO PEOPLE

IVHO STOOD .FU FOR FREEDOM.

0,

TIHE PLIGHT OF JEWS IN, THE SOVIET UNION HAS BROUGHT

OUR COUNTRY CLOSER ONCE AGAIN TO ISRAEL. WHILE MOST OF THE

MORE THAN 125,000 JEWISH PEOPLE ALLOWED TO LEAVE THE SOVIET

UNION WENT "HOME" TO ISRAEL, MANY SOUGHT REFUGE HERE, IN THE

LAND OF IMMIGRANTS. MORE THAN 10,000 RUSSIAN JEWS HAVE

ALREADY EMIGRATED TO THE UNITED STATES AND THE DOORS REMAIN

OPEN TO OTHERS WHO MAY DE GRATED FREEDOM.

I LOOK FORWARD SOMEDAY TO FULFILLING A LONG-HELD

WISH -- A VISIT TO ISRAEL, TO SEE FIRSTHAND THE MAGNIFICENT

PROGRESS THAT NEW DEMOCRACY IS MAKING. IN MY FIRST TERM AS

GOVERNOR, I WAS HONORED WHEN THE JEWISH NATIONAL FUND PLANTED

A FOREST IN ISRAEL IN MY NAME. DURING SUCH A VISIT, I LOOK

FORWARD TO HELPING DEDICATE. THAT FOREST THAT IS SO MUCH LIKE

THE SPIRIT OF THE JEWISH PEOPLE -- YOUNG AND GROWING IN

STRENGTH AND BEAUTY,

IT IS WITH A SIMILAR SENSE OF PRIDE THAT I ACCEPT

THIS PRIME 'INIISTER'S MEDAL FROM YOU TONIGHT. I AM VERY

GRATEFUL TO YOU AND I AM PLEASED THAT ISRAEL'S CONSUL

GENERAL FOR TIE SOUTHEASTERN UNITED STATES, NAHUM STAR

(:OCK-KUMl A-STAR), COULD BE HERE TO PRESENT IT,

AND I Kt OW THE CONSUL GENERAL IS PLEASED THAT THE

STATE OF ISRAEL BONDS PROGRAM IN FLORIDA IS REALIZING ITS

GOAL OF $15-MILLION FROM OUR STATE THIS YEAR.

WHILE FLORIDA HAS A LARGE JEWISH POPULATION THAT

HAS CONTRIBUTED HEAVILY TO THE ISRAEL BONDS PROGRAM, IT IS

IiPORTANT TO POINT OUT THAT THIS WORTHY CAUSE IS SUPPORTED

BY OTHERS WHO SEE IN ISRAEL THE GLOW OF FREEDOM AND HUMAN

DIGNITY.

I'M REMIInDED nO A STATEMENT BY VICE PRESIDENT NELSON

ROCKEFELLER Il PAYING TRIBUTE TO THE JEWISH PEOPLE IN AMERICA.

HE SAID THIS:

"WE COULD NOT SUBTRACT THE JEWISH CONTRIBUTION TO

AMERICAN LIFE WITHOUT IMPOVERISHING OUR SCIENCE, OUR

LITERATURE. OUR ART, OUR COMMERCE, OUR LAW, INDEED, WITHOUT

VASTLY DIMINISHING AMERICA."

THESE VERY SAME QUALITIES, WE KNOW, ENABLED ISRAEL

TO PULL ITSELF UP BY ITS BOOTSTRAPS LESS THAN THREE DECADES

AGO, TO WIN ITS PLACE AMONG NATIONS OF THE WORLD AND MORE

THAN HOLD ITS OWN.

11

ISRAEL IS THE HOIELAtD FOR THE JF!,IISfl PEOPLE BUT,

MORE THAN THAT, IT REPRESENTS A GREAT HOPE -- nOT ONLY FOR

JEWISH PEOPLE -- BUT FOR ALL PEOPLE WHO BECOME DISPOSSESSED)

FOR ALL PEOPLE WlLHO SOMETIMES DOUBT THEIR OWN COURAGE; FOR

ALL PEOPLE WI10 DO NOT HAVE SELF-GOVERINMENT.

IT IS !NO ACCIDENT THAT THESE TWO GREAT NATIONS,

ISnAEL AnD TIlE UrITED STATES, HAVE FASHIONED SUCH A KINSHIP.

OUR GOVERNMENTS ARE MUCH ALIKE BECAUSE OUR PEOPLE

ARE SO MUCH ALIKE.

12.

TriY LOVE FREEDI,. THEY EXEPPLIFY THE COnCEPT THAT

EVERY INDIVIDUAL CAIN CONTRIBUTE SOMETHING WORTHWHILE, TO

OTHERS, IN HIS OR HER 04 LIFETIME. THEY DREAM OF BETTER

DAYS FOR ALL PEOPLE AND WORK DILIGENTLY, TODAY, TO MAKE

THAT DREAM A REALITY.

IN BOTH COUNTRIES, OUR ENDEAVORS ARE AIMED NOT SO

MUCH AT PROTECTING THE LAND OF OUR FATHERS AS THEY ARE

CONCENTRATED TOWARD PRESERVING THE LAND OF OUR CHILDREN.

I FEEL CONFIDENT THAT ;WrEN THE HISTORY OF OUR TIME

IS WRITTEN, ISRAEL, LIKE THE UNITED STATES, WILL BE REMEMBERED

AS A CENTER OF THE GREAT IDEALS OF THE HUMAN RACE.

13.

TEE STRUGGLE SEES U:ENDIWG, WHE' A nfAT IO COMMITS

ITSELF TO Tlr IDEALS TlAT ARE EMBRACED DY DEMOCRACY,

PUT THAT STRUGGLE IS NO STRANGER TO THE ,!E!4ISH

PEOPLE. IT IS NO STRANGER TO THE AMERICAN PEOPLE.

*BOTH WILL GO FORWARD, MEETING TEEIR RESPECTIVE

CHALLENGES AN;D CHARTING PARALLEL COURSES, TOWARD A

TOMORROW VSI'ENl, HOPEFULLY, ALL PEOPLE CAN SHARE IN THE

GOOD LIFE -- THE LIFE OF PEACE AND FREEDOM.

I THANK YOU AGAIN FOR THIS DISTINCT HONOR.

AND, I LEAVE WITH YOU A HEBREW MESSAGE, OFTEN

SPOKEN WFEN A BOOK OF THE TORAH HAS BEEN READ:

"i:'-ZOK ZA-El "O:TZ . AY YOU Go FROM STRENGTH

TO STRENGTH."

TIiANK YOU.

3 ft

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 168

VOLUME XI

REMARKS OF: CHESTERFIELD SMITH
LAWYER
LAKELAND, FLORIDA

BEFORE: CEREMONY CONDUCTED FOR THE
INVESTITURE OF CIRCUIT JUDGE
J. TIM STRICKLAND, COUNTY
JUDGES DENNIS P. MALONEY,
RANDALL G. MC DONALD AND
SUSAN WADSWORTH ROBERTS, AND
OTHER PUBLIC OFFICIALS BEFORE
THE CIRCUIT COURT OF THE TENTH
JUDICIAL CIRCUIT OF FLORIDA

PLACE: BARTOW CIVIC CENTER
BARTOW, FLORIDA

DATE: JANUARY 4, 1977
9:30 A.M.

TWENTY MINUTES

DURATION:

AS A MEMBER OF THE TRIAL BAR OF THIS COURT I

TAKE GREAT SATISFACTION IN BEING PERMITTED TO PARTICIPATE

IN THIS INVESTITURE CEREMONY FOR FOUR NEW JUDGES OF THIS

CIRCUIT AND FOR THIS COUNTY,

THAT PLEASURE ARISES IN

PART BECAUSE OF A LONG-HELD BELIEF THAT THE CALIBER OF A

STATE'S JUDICIARY IS A PRIME YARDSTICK OF ITS CULTURE,

IN A SOCIETY AS SATURATED IN LAW AS FLORIDA IN A STATE

WITH A BURGEONING POPULATION IN A STATE AS LITIGIOUS AS

FLORIDA HAS BECOME THE CHOICE OF WHICH FLORIDA LAWYER IS

TO SIT ON THE BENCH AT ANY LEVEL ASSUMES PARTICULAR IMPOR-

TANCE AND NOT SURPRISINGLY ALMOST ALWAYS AROUSES CONTENTION

AMONG OTHERS AMONG THOSE ALREADY ON THE BENCH THOSE WHO

COMPRISE THE BAR AND THOSE OF THE GENERAL PUBLIC WHO ARE

THEREAFTER TO BE JUDGED BY THE LAWYER SO SELECTED,

PEOPLE OF THIS CIRCUIT AND THIS COUNTY HAVE SELECTED AS

FUTURE ULTIMATE GUARDIANS OF OUR LIBERTIES FOUR LAWYERS -

APPARENTLY WELL QUALIFIED BY EDUCATION EXPERIENCE -

APTITUDE AND CHARACTER TO JOIN THE ILLUSTRIOUS JUDGES WHO

NOW GRACE OUR BENCH.

BUT BEFORE THOSE LAWYERS DEPART THE TRIAL BAR

FOR THE IVORY TOWER INHABITED BY JURISTS PERMIT ME TO

CALL AGAIN TO THEIR ATTENTION SOMETHING WHICH I AM CONFIDENT

IS WELL KNOWN TO EACH OF THEM:

THERE IS SUBSTANTIAL CRITICISM

THROUGHOUT THIS COUNTY THIS CIRCUIT THIS STATE AND THIS

NATION OF OUR JUSTICE SYSTEM BY MANY CITIZENS.

THAT

CRITICISM IS PARTICULARLY PREVALENT IN AT LEAST FOUR BROAD

-2-

THE

GENERAL AREAS THOUGH CERTAINLY NOT EXCLUSIVELY SO;

PERCEIVED FAILURES OF THE CRIMINAL JUSTICE SYSTEM; GROWING

BACKLOGS OF UNRESOLVED CASES BOTH CIVIL AND CRIMINAL;

UNDUE DELAY AND EXPENSE IN THE ADMINISTRATION OF JUSTICE -

PERHAPS NOTICEABLY SO IN THE SO-CALLED "SMALLER" CONSUMER

DISPUTES WHICH ALSO MUST EMBRACE THE PROBLEMS OCCASIONED BY

INADEQUATE OR UNEQUAL LEGAL REPRESENTATION; AND FINALLY A

BELIEF ON THE PART OF MANY THAT COURTS BY THE EXPANSION OF

THEIR JURISDICTION TO ENCOMPASS ALMOST ALL SOCIETAL PROBLEMS

HAVE ARROGATED TO THEMSELVES MATTERS BEYOND THEIR COMPETENCE

SATISFACTORILY TO HANDLE -- IN OTHER WORDS THAT THE COURTS

BY THEIR OWN MANDATE HAVE GROWN TOO BIG FOR THEIR SYSTEMIC

BRITCHES.

-3-

IT HAS BEEN MY EXPERIENCE DURING THE PAST TEN

YEARS FOR NON-LAWYER CITIZENS TO GRIPE TO ME AGAIN AND

AGAIN THAT THE COURTS OF TODAY ARE WITHOUT PORTFOLIO OR

AUTHORITY RUNNING SCHOOLS AND PRESCRIBING CURRICULA -

MANAGING PRISON SYSTEMS FORMULATING BUDGETS AND REGU-

LATING THE ENVIRONMENT,

THE COMPLAINTS OF THOSE NON-

LAWYER CITIZENS HAVE BEEN DIRECTED PRIMARILY AT FEDERAL

TRIAL COURTS THOUGH CERTAINLY NOT EXCLUSIVELY SO, INDEED

IN THEIR EYES ALL COURTS BOTH STATE AND FEDERAL SOON

RUN TOGETHER AS A GENERIC ENTITY.

BOTH THE STATE AND

FEDERAL JUSTICE SYSTEMS ARE SUSPECT,

BUT OF COURSE THAT LAY VERSION OF WHAT COURTS ARE

DOING WRONG MAY CONCEAL MORE THAN IT REVEALS,

IT SEEMS

TO ME THAT IN VIRTUALLY ALL OF THE CASES IN WHICH COURTS

HAVE ENTERED AREAS THAT MORE PROPERLY AND MORE EFFECTIVELY

CAN BE DEALT WITH IN THE OTHER BRANCHES OF GOVERNMENT -

THE COURTS HAVE DONE SO BY REASON OF THE DEFAULT OF THE

LEGISLATIVE AND THE EXECUTIVE DEPARTMENTS,

IF A JUDGE MUST INSPECT THE OPERATING CONDITIONS

OF A PRISON A HOSPITAL OR A WELFARE OFFICE TO DETERMINE

WHETHER CONSTITUTIONAL STATUTORY OR COMMON LAW RIGHTS

ARE BEING INVADED WHAT ELSE CAN SHE OR HE DO BUT PERFORM

HER OR HIS DUTY?

AND IF SHE OR HE FINDS THAT RIGHTS ARE

BEING ABRIDGED WHAT ELSE CAN SHE OR HE DO BUT SEEK TO

CORRECT THE ABUSES?

SO BEFORE APOLOGIZING TOO MUCH FOR THIS

PARTICULAR AREA OF PERHAPS JUSTIFIED PUBLIC CARPING AT THE

COURTS I SUGGEST THAT THE CAUSE TODAY OF MUCH OF THAT

ADVERSE COMMENT ABOUT JUDGES AND COURTS SPRINGS MORE FROM

THE PAST SUCCESSES OF OUR JUSTICE SYSTEM THAN ITS FAILURES.

THE TRUTH IS THAT THE COURTS IN THE MAIN HAVE PERFORMED

WELL -- PERHAPS TOO WELL,

NEVERTHELESS IN THIS TIME OF PERIODIC STOCK-

TAKING WE SHOULD PERHAPS ACKNOWLEDGE THAT THERE IS A

BURGEONING BELIEF THAT:

QUANTITATIVELY THE COURTS ARE

CARRYING TOO HEAVY A BURDEN -- AND PROBABLY A BURDEN BEYOND

THE CAPACITY OF MITIGATION BY MERELY INCREASING THE NUMBER

OF JUDGES; AND QUALITATIVELY THE COURTS ARE BEING ASKED

TO SOLVE PROBLEMS FOR WHICH THEY ARE NOT INSTITUTIONALLY

-6-

EQUIPPED OR AT LEAST NOT AS WELL EQUIPPED AS OTHER AREAS

OF GOVERNMENT.

ADMITTEDLY AMERICAN JUDICIAL HISTORY DOES REVEAL

A PATTERN OF PROGRESSIVE JUDICIAL ACTIVISM.

RARELY NOW DO

WE SEE OUR COURTS GOING ALL OUT TO CONFINE THE IMPACT OF A

CONSTITUTIONAL OR STATUTORY DECISION ONLY TO THE CASE AT HAND.

JUDICIAL RESTRAINT MAY WELL BE NOW PRIMARILY TWO WORDS TO

WHICH MOST JUDGES PAY LIP SERVICE BUT TO WHICH THEY DO NOT

RENDER TRUE FEALTY.

DURING THE PERIOD WHICH HAS ELAPSED

SINCE WORLD WAR II OUR COURTS INCREASINGLY HAVE BEEN SOLICITED

BY THOSE OTHERWISE UNABLE TO SECURE RELIEF TO BECOME THE

PROBLEM-SOLVERS OF OUR SOCIETY,

NO PROBLEM NOW SEEMS TO

BE BEYOND THE DESIRE OF THE AMERICAN PEOPLE TO ENTRUST IT FOR

-7-

THE REASONS FOR THIS DERIVE BOTH

FROM THE CHARACTER OF OUR LEGAL SYSTEM AND FROM THE SOCIAL

AND POLITICAL ENVIRONMENT IN WHICH OUR COURTS FUNCTION. IT

IS QUITE EASY TO DOCUMENT SUPPORT FOR THE PROPOSITION THAT THE

AMERICAN PUBLIC TODAY PERCEIVES COURTS AS JACKS-OF-ALL-TRADES -

AVAILABLE TO FURNISH THE ANSWER TO WHATEVER MAY TROUBLE US.

CERTAINLY THERE IS A PUBLIC READINESS TO LOOK TO

JUDGES MORE THAN THE LEGISLATURE OR THE EXECUTIVE FOR

SOLUTIONS TO THE MOST DIFFICULT PUBLIC PROBLEMS.

IT HAS

BEEN SUGGESTED THAT JUDGES AND LAWYERS MIGHT WELL CONGRATULATE

THEMSELVES UPON THAT PUBLIC ATTITUDE AND IN FACT TO TERM IT

A SIGN OF "PUBLIC ACCEPTABILITY" WITH THE ADMINISTRATION OF

JUSTICE,

BUT THOSE OF US WHO MAKE OUR LIVING BY WORKING

-8-

SOLUTION TO THE COURTS,

IN THE JUSTICE SYSTEM WOULD BE MYOPIC TO ENGAGE IN SUCH SELF-

ADULATION.

WE MUST ACKNOWLEDGE THAT THE PROBLEMS WHICH THE

COURTS ARE BEING ASKED TO SOLVE SIMPLY ARE BEYOND THEIR CA-

PACITY AND PERHAPS BEYOND ANY CAPACITY WE MAY GRANT TO THEM.

I MUST POINT OUT THAT THE RESULT IS NOT NECESSARILY A PUBLIC

DISSATISFACTION WITH THE KIND OF JUSTICE THAT THOSE ACTIVITIES

NECESSARILY IMPORT;

THAT DISSATISFACTION IS INSTEAD OC-

CASIONED PRIMARILY BY A FRUSTRATION THAT OTHER GOVERNMENTAL

INSTITUTIONS BETTER QUALIFIED THAN THE COURTS TO ACT HAVE NOT

DONE SO,

IT IS THUS MY PHILOSOPHICAL THESIS POINTEDLY DIRECTED

AT THIS CAPTIVE FORUM OF JURISTS THAT OUR PEOPLE SOON MUST

DECIDE AS A MATTER OF SOCIAL PRINCIPLE WHETHER OUR COURTS

-9-

SHALL CONTINUE ONLY TO DISCHARGE THEIR TRADITIONAL ROLE AS

DISPUTE-RESOLVERS OR ALSO BECOME THE PROBLEM-SOLVERS OF

SOCIETY,

WHEN GENERALLY IN DAYS PAST OUR JUDGES FOLLOWED

THE PRINCIPLE THAT INSOFAR AS POSSIBLE THE DECISION IN A

CONTROVERTED MATTER AT HAND SHOULD DIRECTLY AFFECT ONLY THE

PARTIES TO THE DISPUTE THE ADVERSARY SYSTEM OF THE COMMON

LAW AS A DISPUTE-RESOLVER SEEMED TO ME TO BE CHUGGING ALONG

AT ITS BEST,

A JUDICIAL DECISION BY THE FORCE OF PRECEDENT

OR BY THE PRINCIPLE OF STARE DECISIS DID INDIRECTLY AFFECT

OTHER DISPUTES WITH A FACTUAL OR LEGAL SIMILARITY -- BUT THAT

DECISION WAS NOT THE SAME AS THE FORCE OF A JUDGMENT.

WAS NOT RES JUDICATA BUT AT MOST ONLY STARE DECISIS.

IT

EACH

-10-

NEW DECISION THUS WAS ONLY A SMALL TILE IN A GREAT MOSAIC -

THE DESIGN OF WHICH CHANGED SUBTLY AND GRADUALLY AND THUS

AVOIDED THE DISASTERS WHICH FREQUENTLY OVERTOOK THOSE WHO

DROVE PRINCIPLES TO THE EXTREME END OF THEIR LOGICAL CON-

CLUSIONS.

BUT PROBLEM-SOLVING IS AN ENTERPRISE OF A DIFFERENT

SORT ALTOGETHER. THE JUDGE'S EDICT IS NOT CONFINED TO

THE PARTIES BEFORE THE COURT, THE CONSEQUENCES OF SUCH

A JUDICIAL PRONOUNCEMENT CANNOT BE CONFINED TO TILE-SIZED

CHANGES,

FREQUENTLY THE DECISION OF THE JUDGE ADMINISTERS

AVULSIVE CHANGES,

PROBLEM-SOLVING IS THUS A CHANCY

BUSINESS REQUIRING IN A DEMOCRACY NOT ONLY WISDOM AND IN-

VENTIVENESS BUT A KEEN PERCEPTION OF THE POLITICAL IMPLICATIONS.

-11-

OCCASIONALLY THE PROBLEM-SOLVER EVEN TENDS TO BECOME A

CHAMPION OF A CAUSE RATHER THAN A NEUTRAL AND IMPARTIAL

ARBITER,

THE JUDGE'S REWARD THEN COMES FROM POPULAR

ACCLAIM NOT FROM PROFESSIONAL OR ACADEMIC COMMENDATION.

JUDGES BEING HUMAN OFTEN ARE NOT AVERSE TO

THEIR ENLARGED ROLE AND EXPANDED RESPONSIBILITY.

IT IS

EXHILARATING TO ADMINISTER RELIEF TO A UNIVERSE OF VICTIMS -

AND IF SOME ARE UNKNOWN AND UNKNOWABLE THEN TO DISTRIBUTE

LARGESSE TO THE DESERVING,

A GIFTED JUDGE OFTEN FINDS

IT A REWARDING AND SELF-FULFILLING EXPERIENCE TO WRITE A

PRESCRIPTION FOR THE REHABILITATION AND PACIFICATION OF A

LARGE STRIFE-TORN COMMUNITY,

BUT THERE ARE NUMEROUS QUESTIONS ABOUT THOSE ALL

-12-

ENCOMPASSING JUDICIAL PRONOUNCEMENTS MADE BY A SINGLE

PERSON ACTING SOMEWHAT AS A MINI-LEGISLATURE WHICH CONTINUE

TO BOTHER ME AS A TRIAL LAWYER RAISED UNDER AN ADVERSARY

TRADITION.

THAT BOTHER EXISTS EVEN THOUGH SOME OF THOSE

JUDICIAL PRONOUNCEMENTS HAVE HAD BRILLIANT RESULTS HAVE

ACHIEVED BENEFICIAL RESULTS WHICH WOULD HAVE PERHAPS BEEN

IMPOSSIBLE TO ATTAIN OTHERWISE THROUGH THE POLITICAL PROCESS,

DO WE AS A PEOPLE REALLY BELIEVE THAT THE ORDINARY -

NORMAL LAWYER SITTING AS A JUDGE HAS ANY SPECIAL APTITUDE

WHICH MAKES HER OR HIM SUITABLE CUSTODIANS OF THE SOLE

RESPONSIBILITY FOR THE SOLUTION OF SOCIETY'S MOST VEXING

PROBLEMS?

IS ONE LAWYER WITH NARROW SOCIETAL CONTACTS

AND EXPERIENCES CAPABLE OF FINDING A REPRESENTATIVE PUBLIC

-13-

IS THERE ANYTHING IN THE JUDICIAL MACHINERY

WHICH MAKES IT A PECULIARLY SUITABLE INSTRUMENT FOR THE

STUDY AND RESOLUTION OF SUCH PROBLEMS?

INDEED NOT.

IT IS TRADITIONAL FOR EXECUTIVE

COMMISSIONS AND LEGISLATIVE COMMITTEES ASSIGNED TO A

PROBLEM-SOLVING MISSION TO REJECT THE JUDICIAL FORMAT -

TO DISPENSE WITH THE RULES OF EVIDENCE TO SHUN THE ADVERSARY

PROCESS.

THIS SUGGESTS TO ME THAT EXPERIENCE DOES NOT

FIND THESE COURTROOM PROCEDURES HELPFUL IN PROBLEM-SOLVING,

IF THAT BE SO WHY DO WE INSIST ON TURNING TO THE COURTS?

IT IS ONE THING FOR JUDGES TO DECIDE BI-PARTY

CONTROVERSIES AND IN SO DOING PRONOUNCE PRINCIPLES WHICH

MAY HAVE AN EFFECT ON THE SOLUTION OF THE UNDERLYING PROBLEM -

CONSENSUS?

SOMETIMES FAVORABLE AND SOMETIMES UNFAVORABLE.

QUITE ANOTHER FOR THE COURTS TO BE BURDENED WITH THE RE-

SPONSIBILITY FOR THE TOTAL SOLUTION OF THE PUBLIC PROBLEMS,

TO AVOID ANY POSSIBLE MISCONCEPTION THAT I AM

SUGGESTING DENIAL OF ACCESS TO THE COURTS BY THOSE WHO HAVE

IN RECENT YEARS BEEN BROUGHT BY THE COURTS FROM DARKNESS

INTO LIGHT BY THOSE MINORITIES BY THE FACELESS MILLIONS

WHOSE RIGHTS AS CITIZENS REALLY EXIST FOR THE FIRST TIME ONLY

BECAUSE OF COURT ACTION I REITERATE A FIRM DENIAL, I

URGE ONLY AN EXPLORATION BY OUR PEOPLE BY OUR LAWYERS -

BY OUR ACADEMICIANS BY OUR JUDGES BY OUR LEGISLATORS -

AS A MATTER OF SOCIAL POLICY OF POSSIBLE PROCEDURAL OR

SUBSTANTIVE CHANGES WHICH COULD BE MADE IN OUR GOVERNMENTAL

-15-

IT IS

PROCESSES TO ALLEVIATE THOSE BURDENS WHICH THEY AFTER STUDY

AND REFLECTION DETERMINE ARE NOW IMPROPERLY IMPOSED ON THE

COURTS.

I URGE ONLY THAT JUDGES EXERCISE TO THE EXTENT

THEIR JUDICIAL CONSCIENCE WILL PERMIT RESTRAINT THAT THEY

INSOFAR AS FEASIBLE REMAIN DISPUTE-RESOLVERS AND NOT

PROBLEM-SOLVERS.

BUT ENOUGH OF MY PERSONAL PHILOSOPHY WHICH I HAVE

FOR TOO LONG IMPOSED ON THIS CAPTIVE FORUM AND BACK TO THE

INVESTITURE WHICH BROUGHT US ALL HERE EVEN THOUGH IT IS MY

HOPE THAT THE TWO WILL TIE WELL TOGETHER,

THE JUDICIAL

REPUTATION OF THE FOUR LAWYERS TODAY PLACED ON THE BENCH OF

THIS CIRCUIT AND THIS COUNTY WILL IN SUBSTANTIAL MEASURE BE

ESTABLISHED ON HIS OR HER ABILITY TO DO SPEEDY AND EFFICIENT

-16-

JUSTICE ON A VOLUME BASIS NOT ON PHILOSOPHY ALONE.

FOR ALL THAT I CAN FIND OUT FROM OTHERS BUTTRESSED

BY MY OWN PERSONAL OBSERVATION THE TENTH CIRCUIT AND POLK

COUNTY HAVE FOUR NEW JUDGES WHO POTENTIALLY HAVE THE EX-

PERIENCE TEMPERAMENT SOCIAL UNDERSTANDING AND IN.NATE

ABILITY TO DO THAT JOB TO BE VERY FINE JUDGES,

WHEN

EACH OF THEM CONCLUDED TO SEEK ELECTION TO THE BENCH -

EACH OF THEM WAS RECOGNIZED AS BEING IN THE FOREFRONT OF THE

POLK COUNTY BAR EACH OF THEM WAS ACCEPTED BY OTHER LAWYERS

AS THE PEER OF THAT SMALL GROUP OF LAWYERS IN POLK COUNTY

BEST QUALIFIED TO SIT AS JUDGES.

UNDER OUR SYSTEM OF GOVERNMENT JUDGES DO OFTEN

PASS ON THE MOST PROFOUND SOCIAL AND POLITICAL QUESTIONS.

-17-

THE DUTY TO ENFORCE THE STATE AND FEDERAL CONSTITUTION

AFFECTS THE WHOLE ROLE OF ALL JUDGES AND IT SUGGESTS TO

ME THAT OUR JUDGES SHOULD COME FROM A DIVERSITY OF BACK-

GROUNDS,

IT IS MY BELIEF THAT THE DISPARATE TALENTS OF

J, TIM STRICKLAND DENNIS P, MALONEY RANDALL G, MC DONALD -

AND SUSAN WADSWORTH ROBERTS WILL ADD IN A MATERIAL WAY TO

THE DEVELOPMENT OF THE SOUND JUDICIAL PERFORMANCE WHICH THE

PEOPLE OF THE TENTH CIRCUIT AND THE PEOPLE OF POLK COUNTY

ARE IN FUTURE YEARS ENTITLED TO RECEIVE FROM THEIR COURTS,

WE ALL KNOW WHAT WE WANT IN A JUDGE:

WE WANT

WISE AND GOOD MEN OR WOMEN WHO HAVE DISTINGUISHED THEMSELVES

BOTH IN THE FIELD OF LAW AND IN THE WIDER PUBLIC CONSTITUENCY -

FOR THAT ESSENTIAL COMBINATION OF WISDOM JUDGMENT AND FAIRNESS

-18-

THAT MUST GOVERN A VIABLE LEGAL SYSTEM,

THE WORK OF A JUDGE IS BASICALLY REFLECTIVE AND THAT THE

CASES BEFORE HIM OR HER ARE RARELY FLAMBOYANT,

WE KNOW

THAT THE DESIRABLE JUDICIAL QUALITIES INCLUDE MODESTY -

SCHOLARSHIP BALANCE DIGNITY RESTRAINT AND REFLECTION.

BUT ALTHOUGH WE PRESUPPOSE. THAT JUDGES STRICKLAND -

MALONEY MCDONALD AND ROBERTS POSSESS THOSE QUALITIES AT

THIS TIME WHEN THEY EACH RESPECTIVELY ARE ASSUMING A NEW OR

HIGHER JUDICIAL OFFICE WE ALSO KNOW THAT EVEN THE MOST

QUALIFIED LAWYER WHO ASSUMES JUDICIAL OFFICE CANNOT WITH

CONFIDENCE AT THE BEGINNING OF A JUDICIAL CAREER BE CALLED

A GREAT JUDGE, GREAT JUDGE IS A TITLE WHICH CAN ONLY BE

EARNED EARNED BY YEARS OF DEDICATED SERVICE,

TO CALL THEM

-19-

WE KNOW THAT

GREAT JUDGES NOW WOULD BE A GROSSLY PREMATURE DECISION WHICH

COULD NOT BE BASED ON FACT,

IT IS BOTH PROPER AND APPROPRIATE THAT EACH OF

THEM OVER THE YEARS BE EVALUATED FOR HIS AND HER ABILITIES

AND HIS AND HER PERFORMANCE,

THEIR REPORT CARD AS JUDGES

WILL COME OUT PERIODICALLY BUT THE FINAL EVALUATION MUST

NECESSARILY AWAIT FUTURE EVENTS,

WHILE EACH OF US HERE

TODAY HAVE OUR OWN SPECIFIC IDEAS AND JUDGMENTS ABOUT THE

JUDICIAL POTENTIAL OF JUDGES STRICKLAND MALONEY MC DONALD -

AND ROBERTS AND THEIR RESPECTIVE PRESENT CAPACITIES AS A

LAWYER AND AS A PERSON THEIR FUTURE PERFORMANCE OF HONORABLE

SERVICE ON THIS COURT IS THE ONLY CRITERIA BY WHICH THE FINAL

APPROBATION OF OUR PEOPLE CAN BE OBTAINED,

-20-

BUT KNOWINGLY OF THEIR VIRTUES AND THEIR FAULTS -

WE ASSEMBLED PARTICIPATE IN THIS INVESTITURE CEREMONY HONORING

THESE FOUR JUDGES BELIEVING IN VARYING WAYS THAT EACH TO

A MARKED DEGREE YET DIFFERENT SEEM TO POSSESS THOSE

PRECIOUS QUALITIES WHICH IF PROPERLY EXERCISED WILL PERMIT

EACH OF THEM TO BECOME IN TIME A TRULY FINE JUDGE.

BY EDUCATION BY EXPERIENCE BY APTITUDE BY

TEMPERAMENT BY DEMONSTRATED CHARACTER BY DILIGENT AND

ARDUOUS LABOR J, TIM STRICKLAND DENNIS P. MALONEY -

RANDALL G, MC DONALD AND SUSAN WADSWORTH ROBERTS APPEAR TO

US TO HAVE SERVED THIS STATE AND THIS COUNTY IN SUCH A WAY

THAT EACH OF THEM THROUGH DILIGENT APPLICATION CAN IN HISTORY

JOIN THE MORE MAGNIFICENT OF THE GREAT JUDGES WHO OVER THE

-21-

YEARS HAVE GRACED OR NOW GRACE THIS BENCH.

AS A POLK COUNTY LAWYER AND AS A FLORIDA CITIZEN

AND AS AN AMERICAN I RELISH BEING A PARTICIPANT HERE -

BECAUSE I CHERISH THIS COURT AS AN INSTITUTION AND AS

THE JUDICIAL HOME OF SOME SPLENDID JUDGES WHO TODAY ARE

BEING JOINED BY MEN AND WOMEN WHO I BELIEVE WILL ALSO BE

SPLENDID JUDGES.

THANK YOU,

-22-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 169

VOLUME XI

ADDRESS OF:

BEFORE:

CHESTERFIELD SMITH
LAWYER
LAKELAND, FLORIDA

LEAGUE OF WOMEN VOTERS
OF ORANGE COUNTY, FLORIDA

PLACE:

CITRUS CLUB
CNA BUILDING
ORLANDO, FLORIDA

TUESDAY, JANUARY 18, 1977
NOON

DATE:

SUBJECT:

IT ALWAYS HAS BEEN A PRINCIPLE OF
HUMAN RELATIONS, SAID THE OLD PEOPLE,
THAT THE WEAK MUST BE SUBJECT TO THE
STRONG. BUT, SAID THE YOUNG PEOPLE,
MUST IT BE A PRINCIPLE FOR EVERMORE,

TWENTY MINUTES

--- ---------~L~CIT-~I- I. ~ ~ ----- --

TIME:

IN MODERN HISTORY DIPLOMATIC RELATIONS BETWEEN

NATIONS HAVE ENCOMPASSED TWO CONCEPTS WHICH AT FIRST BLUSH

SEEM TO BE QUITE INCOMPATIBLE:

THE PRIMACY OF THE GREAT

POWERS A CONCEPT WHICH SPEAKS FOR ITSELF; AND IN CONTRA-

DISTINCTION -- THE THEORY OF "SOVEREIGN EQUALITY" AMONG ALL

STATES REGARDLESS OF SIZE,

JUST AS THE PAST FIFTY YEARS HAS WITNESSED A

GENERAL MOVEMENT TOWARD "EQUALITY" AMONG INDIVIDUALS .IN

VARIOUS SOCIETIES-- ADMITTEDLY IN SOME CASES AT THE

EXPENSE OF POLITICAL LIBERTIES -- SO IT HAS WITNESSED

INCREASING ACCEPTANCE AT LEAST IN THEORY OF "SOVEREIGN

EQUALITY" AMONG NATIONS.

___1_~~__I_^ __I__LI____:__ ~~_~_~~ ~___~_~1 II_~________ ___ ^--111-1

AS IT STANDS TODAY THE UNITED NATIONS THROUGH

ITS GENERAL ASSEMBLY -- WHERE MANY COUNTRIES SMALLER BY

FAR GEOGRAPHICALLY POPULATION WISE AND ECONOMICALLY

THAN THE STATE OF FLORIDA -- HAVE THE SAME VOTING RIGHTS AS

THE MIGHTY UNITED STATES -- IS PERHAPS THE ULTIMATE EXPRESSION

OF THE "SOVEREIGN EQUALITY" PRINCIPLE.

AND SINCE THE

UNITED STATES -- A REVOLUTIONARY COUNTRY ITSELF WITH FIRM

ROOTS IN BOTH -ECONOMIC FREEDOM AND INDIVIDUAL RIGHTS --

GAVE HISTORICAL ENCOURAGEMENT NOT ONLY TO THIS TREND BUT

ALSO TO THE BURGEONING MOVEMENT FOR INDEPENDENCE OF THE

FORMER COLONIAL AREAS -- RESULTING IN A NEAR-TRIPLING OF

UNITED NATIONS'S MEMBERSHIP AS THOSE NORMALLY SMALL AREAS

-2-

_1_1_ __ ___ ____ ~_~_ _ _~
_I _1_1_

BECAME INDEPENDENT NATIONS -- IT HAS/SPECIAL REASONS --

AND SPECIAL CONCERNS -- FOR BEING NOTABLY INTERESTED IN THE

FUNCTIONING OF THE UNITED NATIONS GENERAL ASSEMBLY AT THIS

TIME.

IN RECENT TIMES THE GENERAL ASSEMBLY'S PERFORM-

ANCE TO SAY THE LEAST HAS NOT ALWAYS BEEN TO THE LIKING

OF THE PEOPLE OF THE UNITED STATES.,

ESPECIALLY DURING THE

PAST THREE YEARS CONFRONTATIONS HAVE BOILED UP AS THE

LESS-DEVELOPED COUNTRIES VOTED SWEEPING RESOLUTIONS -

SOMETIMES OVER STRONG OBJECTIONS BY MOST INDUSTRIAL POWERS -

AIMED AT-BRINGING ABOUT A RE-DISTRIBUTION OF GLOBAL WEALTH,

FROM.THE STANDPOINT OF OUR OWN ECONOMY SOME OF THE QUESTIONS

RAISED WERE BY NO MEANS MINOR ONES:

CAN AMERICAN INDUSTRIAL

-3-

PROPERTY OVERSEAS BE EXPROPRIATED BY OTHER GOVERNMENTS IN

DISREGARD OF INTERNATIONAL LAW?

SHOULD. ECONOMIC MEASURES

SUCH AS A FOOD OR ENERGY BOYCOTT BE IMPOSED BY A WARRING

NATION AGAINST A NEUTRAL STATE TO FORCE THAT NEUTRAL STATE TO

COERCE THE OTHER BELLIGERENT STATE INTO DOING SOMETHING AGAINST

ITS NATIONAL WILL?

SHOULD UNDER-DEVELOPED COUNTRIES THAT

SELL RAW MATERIALS TO THE DEVELOPED COUNTRIES FORM "PRODUCER

ASSOCIATIONS" LIKE OPEC, THE OIL CARTEL?

SHOULD PRICES

EVER BE SET BY GOVERNMENTS INSTEAD OF BY THE LAWS OF SUPPLY

AND DEMAND?

MOREOVER THE LESS DEVELOPED COUNTRIES HAVE

RATHER CONSISTENTLY APPLIED WHAT SEEMS TO BE A DOUBLE

ONE STANDARD FOR THE UNITED STATES AND OTHER

I ~____~_ __I_

STANDARD:

INDUSTRIAL POWERS -- WHICH COUNTRIES THEY SOMEWHAT SURPRISINGLY

HAVE SOMETIMES LAVISHLY CRITICIZED WHILE AT THE SAME TIME

CALLING ON THEM FOR VARIOUS KINDS OF AID AND COOPERATIONj

ANOTHER STANDARD FOR THE COMMUNIST COUNTRIES -- TO WHICH THEY

HAVE RARELY ADDRESSED A'WORD OF REPROACH THOUGH THE LATTER

HAVE OFFERED THEM LITTLE MORE THAN RHETORICAL SUPPORT,

MANY

OF THE LESS-DEVELOPED COUNTRIES HAVE ALSO APPEARED TO ACCEPT

QUITE UNCRITICALLY THE THEORY ALSO ESPOUSED BY THE COMMUNISTS -

THAT THEIR UNDER-DEVELOPED CONDITION IS DUE LARGELY TO

"EXPLOITATION" -- COLONIAL AND POST-COLONIAL -- BY THE

INDUSTRIAL WORLD.

IN SOME CASES OF COURSE POLITICAL

LEADERS OF LESS-DEVELOPED COUNTRIES MAY FIND IN THIS THEORY.

-5-

------ --~-~--~--------- --------------- -------- ------ -- --;;----- ------- ...-.---~-------------

A WELCOME DIVERSION FOR THEIR PEOPLES FROM DOMESTIC

SHORTCOMINGS,

THERE HAVE BEEN RECENT INDICATIONS -

HOWEVER NOTABLY AT MEETINGS OF THE U. N. CONFERENCE

ON TRADE AND DEVELOPMENT -- THAT IN REALITY THEY REGARD

THAT THEORY WITH INCREASING SKEPTICISM.

OTHER MORE

PURELY POLITICAL ISSUES HAVE SIMILARLY MUDDIED THE UNITED

NATIONS WATERS AND THE UNITED STATES HAS OFTEN FOUND THE

"NEW MAJORITY" LINING UP AGAINST IT,

TO OBSERVERS OF THE GENERAL ASSEMBLY'S ACTIVITIES -

THE PRESENT SITUATION SEEMS A FAR CRY FROM THE DAYS WHEN

AMERICAN INFLUENCE WAS PREPONDERANT IN THE WORLD AND THE

UNITED STATES WAS SAID TO "CONTROL" A MAJORITY OF ASSEMBLY

-6-

__ I___I_______ __I____

IN THE WAKE OF THESE CONFRONTATIONS OF RECENT

TIMES ON POLITICAL ISSUES AND THE STORMY ECONOMIC DEBATES

OF 1974 AND '75 A MAGAZINE ARTICLE DESCRIBED TIE AMERICAN

PUBLIC'S "DISILLUSIONMENT" WITH THE U. N. IN PART AS FOLLOWS:

"IT WAS SOLD TO THE AMERICAN PEOPLE AS AN INSTRUMENT

OF REASON AND COOPERATION; IN PRACTICE THE PLACE

HAS FAIRLY.SEETHED WITH HOSTILITY AND RHETORICAL EXCESS ...

THE U. N, WAS SET UP TO BLUNT THE THRUST OF NATIONALISM -

WHICH IS NOW AT FLOOD TIDE ... THE CURRENT DISAFFECTION

REFLECTS A GROWING CONVICTION THAT THE UNITED NATIONS

ACTUALLY DOES HARM ... THE U. N. PROVIDES SCORES OF IMPOTENT

-7-

L --- -----------.. n-r-----.-__...._. _~.~..... ~.~ ~~_~~~ ~~ ~~ ~~~~~~~ -------.-rx-

VOTES.

AND IMPOVERISHED NEW NATIONS WITH THE WHEREWITHAL TO

ENGAGE IN CONFLICTS.THEY WOULD OTHERWISE BE UNABLE TO

AFFORD,"

THEN IN THE FALL OF 1975 THE GENERAL ASSEMBLY

PASSED ITS ILL-CONCEIVED AND INFAMOUS RESOLUTION EQUATING

ZIONISM WITH "RACISM" A MEASURE THAT WAS PARTICULARLY

UNPOPULAR IN THIS COUNTRY,

OPINION POLLS SHOWED THAT

THE AMERICAN PUBLIC RATED THE U. N,'s PERFORMANCE AT AN

ALL-TIME LOW;

AND IN THE ENSUING MONTHS LETTERS SENT

BY AMERICAN CITIZENS TO THE DEPARTMENT OF STATE WERE

OVERWHELMINGLY NEGATIVE ABOUT THE WORLD BODY,

BUT THAT WAS NOT THE END OF THE ADVERSE REACTION,

RECENT BILLS BEFORE CONGRESS HAVE SOUGHT TO REDUCE AMERICAN

-8-

- -~-~--~,-----~~I'~L-.-- ---.-------~- --- ------- -- --- ------ - r-l~~.~-~--~.ll"-~~

FINANCIAL SUPPORT FOR THE U. N. FROM ITS PRESENT 25% DOWN TO.

15% OR 6% OR TO LESS THAN ONE PERCENT.

BLUNT CRITICISM

OF THE U. N. BY SUCH OUTSPOKEN FORMER U, S. REPRESENTATIVES

AS JOHN SCALI AND DANIEL PATRICK MOYNIHAN HAVE MADE THEM INTO

NATIONAL HEROES,

ACT,

AND OTHER NATIONS ARE GETTING INTO THE

I HASTEN TO ADD HOWEVER THAT SUCH GROWING CRITICISM

HASN'T MOVED THE GENERAL ASSEMBLY ONE WHIT TO FACE THE WORLD

AS IT REALLY IS BUT PERHAPS AT LAST THAT DIRECTION IS BEING

SUGGESTED TO THOSE NATIONS WILLING TO FOLLOW THE PATH OF REASON.

IN TALKING ABOUT "THE U, N."

- PEOPLE SOMETIMES

LOOSELY EQUATE THE GENERAL ASSEMBLY WITH THE WHOLE U. N,

SYSTEM. THE ERROR IS UNDERSTANDABLE SINCE THE ASSEMBLY

-9-

C- ~---~-."n-------^~._ _~_~~_~~~_~_~ ~~_~~~~_~_~~~ ._ _;~ __ ~ ~ ~~~ _~II~_~~_~~~_

IS LARGE VISIBLE AND NOISY WHILE THE REST OF THE

SYSTEM --WITH THE EXCEPTION OF THE SECURITY COUNCIL --

TENDS TO BE SILENT AND DIFFUSE,

MUCH OF ITS WORK IS

LITTLE KNOWN,

INCLUDING ITS SIX MAJOR ORGANS AND THE SPECIALIZED

AGENCIES --WHICH ACCOUNT FOR MOST EXPENDITURES IN THE U. N.

SYSTEM -- THE UNITED NATIONS IS A VAST ARRAY OF INSTITUTIONS

AND ACTIVITIES,

TO NAME A FEW OF THESE ACTIVITIES:

INTERNATIONAL INSPECTIONS TO PREVENT THE SPREAD

OF NUCLEAR WEAPONS AN UNDERTAKING WHICH OF COURSE IS

INTIMATELY RELATED TO INTERNATIONAL AND U. S, SECURITY;

EFFORTS TO CONTAIN "THE OTHER BOMB":

WORLD

-10-

POPULATION -- WHICH NOW DOUBLES ITSELF IN 30 YEARS' TIME;

AND EFFORTS TO PROMOTE WORLD FOOD PRODUCTION;

MONITORING THE EARTH'S ENVIRONMENT IN AN ATTEMPT

TO CHECK GLOBAL POLLUTION;

CONTROLLING THE SPREAD OF CONTAGIOUS PLANT -

ANIMAL AND HUMAN DISEASES ,, AND DRUGS;

PROVIDING DEVELOPMENT ASSISTANCE;

PROVIDING DISASTER RELIEF;

GIVING AID TO DEPRIVED CHILDREN;

PROMOTING WORLD TRADE -- THUS PROMOTING U. S.

JOBS AND BUSINESS;

SETTING SAFETY STANDARDS FOR SHIPPING AND AVIATION;

-11-

MAINTAINING A WORLD WEATHER WATCH;

REGULATING INTERNATIONAL COMMUNICATIONS AND

THE WORLD POSTAL SYSTEM.

MOST AMERICANS WOULD PROBABLY HAVE LITTLE

DIFFICULTY IN AGREEING ON THE DESIRABILITY OF SUCH

INTERNATIONAL UNDERTAKINGS AS THESE.

IF THE U. N.

WERE EVALUATED SOLELY ON THESE ESSENTIALLY NON-POLITICAL

ACTIVITIES PRESUMABLY IT WOULD GET HIGH MARKS..

IT IS

THE POLITICAL SIDE OF THE U. N. -- ESPECIALLY THE GENERAL

ASSEMBLY -- THAT CAN BE TROUBLESOME,

SURELY IT IS PERMISSIBLE THEREFORE TO ENGAGE

IN SOME SPECULATION:

SUPPOSE THE U, S. CONTINUED TO SUPPORT

-12-

THE WORK OF THE SPECIALIZED AGENCIES BUT WITHDREW FROM

THE GENERAL ASSEMBLY?

IN CONSIDERING THIS HYPOTHESIS -

IT IS IMPORTANT TO TAKE A PRECISE MEASURE OF THE GENERAL

ASSEMBLY'S ROLE NEITHER OVER-ESTIMATING IT NOR UNDER-

ESTIMATING IT.

WHILE THE GENERAL ASSEMBLY ENJOYS A

GREATER POLITICAL ROLE THAN SOME WOULD HAVE WISHED IT

TO HAVE;

YET IT-HAS CONSIDERABLY LESS AUTHORITY THAN

MANY PEOPLE SUPPOSE,

THE ESSENTIAL FACT IS THAT THE

ASSEMBLY-IS EMPOWERED ONLY TO MAKE RECOMMENDATIONS --

EXCEPT WITH REGARD TO ADMINISTRATIVE AND BUDGET MATTERS;

THE ONLY POWER OF DECISION ON POLITICAL MATTERS RESTS IN

THE HANDS OF THE SECURITY COUNCIL WHERE THE U. S, LIKE

-13-

OTHER PERMANENT MEMBERS HAS A VETO.

LEST WE FALL INTO THE OTHER EXTREME HOWEVER -

AND CONCLUDE THAT THE ASSEMBLY IS NOT WORTH BOTHERING ABOUT -

WE MUST CONSIDER WHAT IT CAN DO AND HAS DONE,

TO BEGIN

WITH MOST OF THE IMPORTANT NON-POLITICAL ACTIVITIES OF THE

SPECIALIZED AGENCIES SUCH AS WERE MENTIONED EARLIER -

DERIVE FROM GENERAL ASSEMBLY RESOLUTIONS,

SO HAVE THE CURRENT

UNITED-NATIONS EFFORTS TO DEAL WITH THAT VERY IMPORTANT AND

INTRACTABLE PROBLEM OF EXPLOITATION OF THE SEABED AND MANAGE-

MENT OF THE WORLD' OCEAN RESOURCES.

SO ALSO HAVE MAJOR

EFFORTS TO DEAL IN NEGOTIATING FORUMS WITH PROBLEMS OF

FOOD PRODUCTION POPULATION- AND ENVIRONMENT.

EVEN

-14-

---- ------I~--'---..---'---C.------ - r--~----~--lf-f-~--------- --

ARMS LIMITATION AGREEMENTS WHILE NORMALLY NEGOTIATED

IN SMALLER FORUMS RECEIVE POLITICAL SUPPORT AND UNDOUBTEDLY

WIDER ADHERENCE THROUGH ACTION BY THE GENERAL ASSEMBLY.

THE U, S, ANNUAL CONTRIBUTION TO THE UNITED NATIONS

SYSTEM TOTALS ABOUT.$470 MILLION OR A LITTLE OVER $2 PER

CAPITAL.

MOST OF THIS IS IN THE FORM OF VOLUNTARY CON-

TRIBUTIONS OF ONE KIND OR ANOTHER;

HALF IS ACTUALLY ASSESSED, MOR

THAT IS LESS THAN

EVER THESE VOLUNTARY

CONTRIBUTIONS ARE GENERALLY ADMINISTERED BY U, N, AGENCIES

OR OTHER BODIES IN WHICH THE UNITED STATES IS WELL

REPRESENTED.

AS NOTED EARLIER HOWEVER THERE HAVE BEEN

-15-

_ __ ___. _~_ ________ ____ __ ____

PROPOSALS BEFORE CONGRESS TO REDUCE THE U. S. ASSESSED

CONTRIBUTION.

THIS HAS BEEN DONE BEFORE;

WHY NOT AGAIN?

A PRESIDENTIAL REPORT IN 1971 RECOMMENDED THAT

THE UNITED STATES SEEK TO REDUCE ITS SHARE OF THE REGULAR

BUDGET FROM 31,52% -- THE LEVEL AT WHICH IT THEN STOOD --

TO 25% WHICH IS ITS PRESENT LEVEL,

ALTHOUGH THE 31.52%

WAS ALREADY SOMEWHAT LOWER THAN A STRICT APPLICATION OF THE

U. N,'S "CAPACITY TO PAY" FORMULA WOULD HAVE CALLED FOR -

THE MATTER WAS NEGOTIATED WITH THE U. N. WHICH ACCEPTED

THE PRINCIPLE THAT THE CONTRIBUTION OF ANY ONE MEMBER SHOULD

NOT EXCEED 25%.

ACCORDINGLY IN 1973 THE GENERAL

-16-

_ ___ ~_____ ______e __11_ 11_1

ASSEMBLY APPROVED THE U, S, REDUCTION,

BUT HERE THE PLOT THICKENS,

THE "CAPACITY

TO PAY" FORMULA STILL APPLIES TO OTHER MEMBERS -- SO THAT

THE UNITED KINGDOM FRANCE AND THE SOVIET UNION FOR

EXAMPLE PAY A HIGHER PERCENTAGE OF THEIR GROSS NATIONAL

PRODUCTS THAN DOES THE UNITED STATES.

ARISES:

THE QUESTION THUS

HOW MUCH FARTHER DOWN COULD THE U. S. CONTRIBUTION

BE NEGOTIATED?

FOR IF THE UNITED.STATES SIMPLY ACTED

UNILATERALLY IT COULD FIND ITSELF "IN ARREARS" AND LOSE

ITS VOTE IN THE ASSEMBLY.

THERE IS ANOTHER QUESTION:

HOW MUCH FARTHER DOWN WOULD WE WANT TO NEGOTIATE IT?

IT REQUIRES NO VIVID IMAGINATION TO SEE THAT

-17-

IF WE DRASTICALLY REDUCED OUR SUPPORT FOR THE U. N. SYSTEM -

ITS VERY EXISTENCE WOULD BE PLACED AT RISK.

IT WOULD

UNDOUBTEDLY STUMBLE ON FOR A TIME AS DID THE LEAGUE OF

NATIONS ,, BUT IT IS HARD TO IMAGINE AN EFFECTIVE

UNITED NATIONS IF OUR NATION CHOSE FOR WHATEVER REASONS -

TO VIOLATE OUR SOLEMN TREATY OBLIGATIONS TO PAY OUR ASSESSED

SHARE OF THE BUDGET OR IF TO AVOID THAT HUMILIATION WE

WITHDREW FROM MEMBERSHIP,

IF THE U. S, WITHDREW FROM

MEMBERSHIP OF COURSE IT WOULD ALSO LOSE ITS VOTE IN THE

SECURITY COUNCIL.

USING THE MIDDLE EAST AS AN EXAMPLE IT IS

APPARENT THAT ESSENTIAL PEACEKEEPING OPERATIONS COULD NOT

-18-

__ _~__ll_l_______i_~

BE CARRIED OUT UNLESS THERE WERE SUCCESSFUL COOPERATION

IN DETERMINING HOW TO PAY FOR THE TROOPS SUPPLIES AND

OTHER BURDENS INHERENT IN THOSE LARGE OPERATIONS. IT

ALSO IS TRUE THAT MANY OF THE MOST IMPORTANT SECURITY ISSUES

OF SIGNIFICANCE TO THE UNITED STATES HAVE BEEN CONSIDERED

BY BOTH THE SECURITY COUNCIL AND THE GENERAL ASSEMBLY AND

THERE IS UNAVOIDABLE INTERACTION BETWEEN THE TWO BODIES.

IF WE CONCEDE THAT THE GENERAL ASSEMBLY MAY PLAY

A USEFUL ROLE IN WORLD SECURITY MATTERS DOES IT NOT PLAY

A.VERY HARMFUL ROLE ALL THE SAME IN ESCALATING THE

CONFRONTATION BETWEEN RICH AND POOR COUNTRIES AS IT DID IN

THE 1974 AND '75 ECONOMIC DEBATES REFERRED TO EARLIER?

-19-

.THERE IS NO DOUBT THAT THE ASSEMBLY PROVIDES A

STAGE FOR.THE "POOR PLAYERS" OF THE UNDER-DEVELOPED WORLD -

WHO OTHERWISE MIGHT NOT BE HEARD FROM AND THAT THEIR

PERFORMANCE MAY AT TIMES BE BIASED IRRATIONAL OR

IRRITATING.

BUT IT IS NOT THE ASSEMBLY WHICH CREATED.THE

GREAT CHASM BETWEEN RICH AND POOR OR THE DEPTHS OF POVERTY

FROM WHICH THE LATTER ARE TRYING TO FREE THEMSELVES.,

MORE-

OVER DESPITE THE CLOUDS OF SMOKE AND DUST WHICH AROSE FROM

THAT FORUM DURING THE 1974-75-76 DEBATES -THE FINAL RESULTS

FROM THE U. S. VIEWPOINT WERE POSITIVE AND CONSTRUCTIVE,

IN THE CLOSING PHASE OF THIS CONFRONTATION SECRETARY OF

STATE KISSINGER STATED THE AMERICAN POSITION ON VIRTUALLY

-20-

-- I--~-r~------- ..~
~C-------

THE WHOLE RANGE OF ECONOMIC ISSUES -- TRADE DEVELOPMENT -

TECHNOLOGY FINANCE AND INTERNATIONAL INVESTMENT AND

TWO WEEKS LATER THE GENERAL ASSEMBLY UNANIMOUSLY ADOPTED A

RESOLUTION THAT INCORPORATED SOME 28 PROPOSALS AND POLICY

RECOMMENDATIONS FROM THE U, S, STATEMENT,

IN MY JUDGMENT -

THAT RESOLUTION MARKED A SIGNIFICANT TURNING POINT IN U. S.

RELATIONS WITH THE DEVELOPING COUNTRIES AND SET THE STAGE

FOR A NEW ERA OF ECONOMIC PARTNERSHIP BETWEEN RICH AND POOR

NATIONS.

IN OUR PREOCCUPATION WITH THE MISDEEDS WHICH

MEMBERS HAVE INFLICTED ON THE GENERAL ASSEMBLY WE SHOULD

NOT FORGET THAT IN A CRISIS IT IS THE ACTION OF THE SECURITY

-21-

CRISES WITH WHICH THE SECURITY

COUNCIL HAS DEALT SUCCESSFULLY HAVE GENERALLY BEEN AT A

REGIONAL LEVEL; SUCH AS THE MIDDLE EAST OR KOREA,

BUT

AS WE ALL RECOGNIZE THERE IS.ALWAYS THE POSSIBILITY THAT

A REGIONAL CONFLICT MAY ESCALATE TO GLOBAL PROPORTIONS,

MOREOVER EVEN IN THE EVENT OF A DIRECT ENCOUNTER BETWEEN

GREAT POWERS AS IN.THE CUBAN MISSILE CRISIS THE SECURITY

COUNCIL OFFERS A MECHANISM FOR SLOWING DOWN EVENTS PRO-

VIDING ADDITIONAL TIME IN WHICH GOVERNMENTS CAN SEEK SOLUTIONS,

"OF ALL THE VARIOUS SERVICES PROVIDED BY THE U. N, SYSTEM -

THAT ADDITIONAL TIME PERHAPS IS THE ONE UPON WHICH IT WOULD

BE HARDEST TO PUT A PRICE.

-22-

__ __ __ ________I~_I___11__1____11 __~~_~_.

COUNCIL THAT IS CRUCIAL,

A CANADIAN SCHOLAR HAS DESCRIBED THE HISTORICAL

DILEMMA OF THE.UNITED NATIONS IN THESE TERMS: "

1 1 1 1

THE IDEA OF A CONCERT OF GREAT POWERS HAVING PRIMARY

RESPONSIBILITY FOR THE MAINTENANCE OF PEACE AND SECURITY

HAS NEVER LOST ITS HOLD.ON MEN'S IMAGINATION.

THUS -

IN 1945 WHEN THE GREAT POWERS PUT THEMSELVES UNDER THE

UNITED NATIONS ORGANIZATION SMALL STATES EXPRESSLY CON-

SENTED TO THEIR SUPERIOR STATUS.

THE DILEMMA AROSE WHEN

THE COLD WAR DESTROYED THE FACADE OF GREAT POWER UNITY.

IN PLACE OF THE IDEA OF A CONCERT

- THE CONTRADICTORY

CONCEPT OF SOVEREIGN EQUALITY WAS RAISED TO EMINENCE."

PERHAPS EVEN TODAY THERE IS NOTHING WRONG WITH THE

UNITED NATIONS THAT COULD NOT BE CURED IF ITS PROCEDURES

-23-

ENVISIONED DIPLOMACY AND PERSUASION AS THE ULTIMATE RESOLU-

TION RATHER THAN THAT OF A PARLIAMENTARY MAJORITY VOTE.

THE SMALLER POWERS THROUGH UNREALISTIC

PARLIAMENTARY MAJORITIES HAVE THUS BEEN ABLE TO ASSERT

THEMSELVES INCREASINGLY EVEN AS THEIRASPIRATIONS HAVE

GROWN.

AND SIMULTANEOUSLY ADVANCED TECHNOLOGY HAS

INTRODUCED GLOBAL PROBLEMS -- THE SPREAD OF NUCLEAR

TECHNOLOGY THE POLLUTION OF AIR AND OCEAN ENVIRONMENTS --

OF SUCH PROPORTIONS THAT THE GREAT POWERS EVEN IF THEY

WERE ABLE TO ACT "IN CONCERT" COULD NOT SOLVE THEM WITHOUT

THE COOPERATION OF OTHER COUNTRIES.

WHEN PEOPLE SPEAK OF WHAT A "DISAPPOINTMENT" THE

U. N, HAS BEEN IT SEEMS TO ME THAT THEY ALMOST ALWAYS HAVE

-24-

n__ ___ __ _~_~__ _~__ ____I_~ I

IN MIND THE CLAMOROUS RISE OF THE "THIRD WORLD" OF LESS-

DEVELOPED COUNTRIES WHOSE VIEWS IN FORMER YEARS SEEMED

OFTEN TO MATTER LITTLE TO THE MAJOR POWERS,

BUT WITH

ALL THE CHANGES THAT HAVE TAKEN PLACE THE U. N, SEEMS

NO LESS.A REFLECTION OF WORLD REALITIES TODAY THAN IN ITS

EARLIER PERIOD OF OVERWHELMING POPULAR SUPPORT,

THE

ORGANIZATION AS ALWAYS SEEKS TO EMBODY THE CONTRADICTORY

IDEAS OF GREAT POWER PRIMACY AND SOVEREIGN EQUALITY; IT IS

SIMPLY THAT THE SEESAW HAS MOVED MORE IN THE LATTER DIRECTION,

WHETHER THIS IS GOOD OR BAD IS A MATTER OF INDIVIDUAL JUDG-

MENT, BUT IT SEEMS LOGICAL -- IN TERMS OF INTERNATIONAL

SECURITY HENCE U, S. SECURITY -- THAT IN A WORLD THAT IS

MORE MULTI-POLAR WHERE THERE HAVE TO BE MORE PARTICIPANTS

-25-

_ __ _1____ ____I

IN MAJOR DECISIONS.- THE NEED FOR A WORLD FORUM SHOULD BE

GREATER NOT LESS THAN IN THE BI-POLAR WORLD OF FORMER

YEARS.

COMBINED WITH THIS IS THE ONSET OF TECHNOLOGICALLY-

INDUCED GLOBAL PROBLEMS SUCH AS HAVE BEEN MENTIONED -

FURTHER ENHANCING THIS NEED.

ESPECIALLY IN VIEW OF THESE GLOBAL PROBLEMS AND

DANGERS SOME HAVE SPECULATED ABOUT A FUTURE WORLD SOCIETY

IN WHICH THE BASIC POLITICAL UNIT OF MODERN HISTORY THE

SOVEREIGN NATION-STATE WOULD BE SUPERSEDED BY A WORLD

GOVERNMENT,

OTHERS BELIEVE ON THE CONTRARY THAT THE

NATION-STATE IS SO MUCH.A REFLECTION OF THE HUMAN NEED FOR

BOTH AUTHORITY AND IDENTIFICATION THAT IT IS MOST UNLIKELY

TO BE REPLACED BY AN INTERNATIONAL FRATERNITY OF BUREAUCRATS.

-26-

~----;--

OVER THE YEARS U. S, OPINION POLLS HAVE CON-

SISTENTLY SHOWN CRITICAL ATTITUDES TOWARD U, N. PERFORMANCE.

AND YET EVEN WHEN PUBLIC OPINION WAS AT ITS LOWEST EBB -

A SIZABLE MAJORITY STILL FELT THAT THE UNITED STATES SHOULD

STAY IN THE U. N,

TO ME WHICHEVER VIEW ONE ESPOUSES THE

EXISTENCE OF A WORLD FORUM SEEMS ESSENTIAL -- EITHER AS

AN EVOLUTIONARY STEP OR AS AN EFFORT TO MANAGE THE AFFAIRS

OF A WORLD THAT IS ENDURINGLY DIVIDED AND UNTIDY,

THERE SEEMS LITTLE DOUBT THAT IF THE UNITED

NATIONS CEASED TO EXIST THE INTERNATIONAL COMMUNITY WOULD

HAVE TO CREATE IT ALL OVER AGAIN.

BUT WE WOULD BE LUCKY

TO EMERGE WITH A PRODUCT AS GOOD AS THE PRESENT ONE WHICH

-27-

I_ 1___ 111

WAS CREATED AT A TIME WHEN THE UNITED STATES ENJOYED OVER-

WHELMING INFLUENCE IN THE WORLD,

I PERSONALLY LIKE VERY

MUCH THE FACT THAT THE UNITED STATES HAS A SECURITY COUNCIL

VETO,

THE TITLE WHICH I GAVE TO THIS SPEECH I USE TO CLOSE:

"IT ALWAYS HAS BEEN A PRINCIPLE OF HUMAN RELATIONS SAID THE

OLD PEOPLE THAT THE WEAK MUST BE SUBJECT TO THE STRONG,

BUT SAID THE YOUNG PEOPLE MUST

IT BE A PRINCIPLE FOR EVERMORE,"

(END)

-28-

_ _~_______ ____irrl~ ~I~_____~ __ __~I_~I _I__lr___l

ADDRESS OF:

BEFORE:

CHESTERFIELD SMITH
LAWYER
LAKELAND, FLORIDA

LEAGUE OF WOMEN VOTERS
OF ORANGE COUNTY, FLORIDA

PLACE:

CITRUS CLUB
CNA BUILDING
ORLANDO, FLORIDA

i. :

DATE:

TUESDAY, JANUARY 18, 1977
NOON

-*,.r- I --

SUBJECT':

IT ALWAYS HAS BEEN A PRINCIPLE OF
HUMAN RELATIONS, SAID THE OLD-PEOPLE,
THAT THE WEAK MUST BE SUBJECT TO THE
STRONG, BUT, SAID THE YOUNG PEOPLE,
MUST IT BE A PRINCIPLE FOR EVERMORE,

TIME:

TWENTY MINUTES

p ~ ~~~ -5.-r- --i--_ --- -----:---

IN MODERN HISTORY DIPLOMATIC RELATIONS BETWEEN

NATIONS HAVE ENCOMPASSED TWO CONCEPTS WHICH AT FIRST BLUSH

SEEM TO BE QUITE INCOMPATIBLE:

THE PRIMACY OF THE GREAT

POWERS A CONCEPT WHICH SPEAKS FOR ITSELF; AND IN CONTRA-

DISTINCTION -- THE THEORY OF "SOVEREIGN EQUALITY" AMONG ALL

STATES REGARDLESS OF SIZE,

JUST AS THE PAST FIFTY YEARS HAS WITNESSED A'

GENERAL MOVEMENT TOWARD "EQUALITY" AMONG INDIVIDUALS IN

VARIOUS SOCIETIES -- ADMITTEDLY IN SOME CASES AT THE

EXPENSE OF POLITICAL LIBERTIES -- SO IT HAS WITNESSED

INCREASING ACCEPTANCE AT LEAST IN THEORY OF "SOVEREIGN

EQUALITY" AMONG NATIONS,

I -;C~III I- ___._~_~ _..._..~_ _~..~ ~I ._.. T-- -- -I -~-

AS IT STANDS TODAY THE UNITED NATIONS THROUGH

ITS GENERAL ASSEMBLY -- WHERE.MANY COUNTRIES SMALLER BY

FAR GEOGRAPHICALLY POPULATION WISE AND ECONOMICALLY

THAN THE STATE OF FLORIDA -- HAVE THE SAME VOTING RIGHTS AS

THE MIGHTY UNITED STATES -- IS PERHAPS THE ULTIMATE EXPRESSION

OF THE "SOVEREIGN EQUALITY" PRINCIPLE.

AND SINCE THE

UNITED STATES -- A REVOLUTIONARY COUNTRY ITSELF WITH FIRM

ROOTS IN BOTH ECONOMIC FREEDOM AND INDIVIDUAL RIGHTS --

GAVE HISTORICAL ENCOURAGEMENT NOT ONLY TO THIS TREND BUT

ALSO TO THE BURGEONING MOVEMENT FOR INDEPENDENCE OF THE

FORMER COLONIAL AREAS --RESULTING IN A NEAR-TRIPLING OF

UNITED NATIONS'S MEMBERSHIP AS THOSE NORMALLY SMALL AREAS

-2-

m--------i---

BECAME INDEPENDENT NATIONS --IT HAS SPECIAL REASONS --

AND SPECIAL CONCERNS -- FOR BEING NOTABLY INTERESTED IN THE

FUNCTIONING OF THE UNITED NATIONS GENERAL ASSEMBLY AT THIS

TIME.

IN RECENT TIMES THE GENERAL ASSEMBLY'S PERFORM-

ANCE TO SAY THE LEAST HAS NOT ALWAYS BEEN TO THE LIKING

OF THE PEOPLE OF THE UNITED STATES, ESPECIALLY DURING THE

PAST THREE YEARS CONFRONTATIONS HAVE BOILED UP AS THE

LESS-DEVELOPED COUNTRIES VOTED SWEEPING RESOLUTIONS -

SOMETIMES OVER STRONG OBJECTIONS BY MOST INDUSTRIAL POWERS -

AIMED AT BRINGING ABOUT A RE-DISTRIBUTION OF GLOBAL WEALTH.

FROM THE STANDPOINT OF OUR OWN ECONOMY SOME OF THE QUESTIONS

RAISED WERE BY NO MEANS MINOR ONES:

CAN AMERICAN INDUSTRIAL

-3-

--~1-~--------1-1-~------lrr-------r---

PROPERTY OVERSEAS BE EXPROPRIATED BY OTHER GOVERNMENTS IN

DISREGARD OF INTERNATIONAL LAW?

SHOULD. ECONOMIC MEASURES

SUCH AS A FOOD OR ENERGY BOYCOTT BE IMPOSED BY A WARRING

NATION AGAINST A NEUTRAL STATE TO FORCE THAT NEUTRAL STATE TO

COERCE THE OTHER BELLIGERENT STATE INTO DOING SOMETHING AGAINST

ITS NATIONAL WILL?

SHOULD UNDER-DEVELOPED COUNTRIES THAT

SELL RAW MATERIALS TO THE DEVELOPED COUNTRIES FORM "PRODUCER

ASSOCIATIONS" LIKE OPEC, THE OIL CARTEL?

SHOULD PRICES

EVER BE SET BY GOVERNMENTS INSTEAD OF BY THE LAWS OF SUPPLY

AND DEMAND?

MOREOVER THE LESS DEVELOPED COUNTRIES HAVE

RATHER CONSISTENTLY APPLIED WHAT SEEMS TO BE A DOUBLE

ONE STANDARD FOR THE UNITED STATES AND OTHER

_ ________

STANDARD:

INDUSTRIAL POWERS -- WHICH COUNTRIES THEY SOMEWHAT SURPRISINGLY

HAVE SOMETIMES LAVISHLY CRITICIZED WHILE AT THE SAME TIME

CALLING ON THEM FOR VARIOUS KINDS OF AID AND COOPERATION3

ANOTHER STANDARD FOR THE COMMUNIST COUNTRIES -- TO WHICH THEY

HAVE RARELY ADDRESSED A WORD OF REPROACH THOUGH THE LATTER

HAVE OFFERED THEM LITTLE MORE THAN RHETORICAL SUPPORT,

MANY

OF THE LESS-DEVELOPED COUNTRIES HAVE ALSO APPEARED TO ACCEPT

QUITE UNCRITICALLY THE THEORY ALSO ESPOUSED BY THE COMMUNISTS -

THAT THEIR UNDER-DEVELOPED CONDITION IS DUE LARGELY TO

"EXPLOITATION" -- COLONIAL AND POST-COLONIAL -- BY THE

INDUSTRIAL WORLD,

IN SOME CASES OF COURSE POLITICAL

LEADERS OF LESS-DEVELOPED COUNTRIES MAY FIND IN THIS THEORY

-5-

__ ------_9-llll~.---i_~Ciil ^II-- ---____~~~. _~~---1~---~1-~

A WELCOME DIVERSION FOR THEIR PEOPLES FROM DOMESTIC

SHORTCOMINGS.

THERE HAVE BEEN RECENT INDICATIONS -

HOWEVER NOTABLY AT MEETINGS OF THE U. N. CONFERENCE

ON TRADE AND DEVELOPMENT -- THAT IN REALITY THEY REGARD

THAT THEORY WITH INCREASING SKEPTICISM,

OTHER MORE

PURELY POLITICAL ISSUES HAVE SIMILARLY MUDDIED THE UNITED

NATIONS WATERS AND THE UNITED STATES HAS OFTEN FOUND THE

"NEW MAJORITY" LINING UP AGAINST IT,

TO OBSERVERS OF THE GENERAL ASSEMBLY'S ACTIVITIES -

THE PRESENT SITUATION SEEMS A FAR CRY FROM THE DAYS WHEN

AMERICAN INFLUENCE WAS PREPONDERANT IN THE WORLD AND THE

UNITED STATES WAS SAID TO "CONTROL" A MAJORITY OF ASSEMBLY

-6-

_ ~ __._

IN THE WAKE OF THESE CONFRONTATIONS OF RECENT

TIMES ON POLITICAL ISSUES AND THE STORMY ECONOMIC DEBATES

OF 1974 AND '75 A MAGAZINE ARTICLE DESCRIBED THE AMERICAN

PUBLIC'S "DISILLUSIONMENT" WITH THE U. N. IN PART AS FOLLOWS:

"IT WAS SOLD TO THE AMERICAN PEOPLE AS AN INSTRUMENT

OF REASON AND COOPERATION; IN PRACTICE THE PLACE

HAS FAIRLY SEETHED WITH HOSTILITY AND RHETORICAL EXCESS ...

THE U, N. WAS SET UP TO BLUNT THE THRUST OF NATIONALISM -

WHICH IS NOW AT FLOOD TIDE ... THE CURRENT DISAFFECTION

REFLECTS A GROWING CONVICTION THAT THE UNITED NATIONS

ACTUALLY DOES HARM ... THE U, N. PROVIDES SCORES OF IMPOTENT

- --- ----------nr.~.._._.~ .~..~.... ~~~_~~~ ~~ ~

VOTES,

AND IMPOVERISHED NEW NATIONS WITH THE WHEREWITHAL TO

ENGAGE IN CONFLICTS THEY WOULD OTHERWISE BE UNABLE TO

AFFORD,"

THEN IN THE FALL OF 1975 THE GENERAL ASSEMBLY

PASSED ITS ILL-CONCEIVED AND INFAMOUS RESOLUTION EQUATING

ZIONISM WITH "RACISM" A MEASURE THAT WAS PARTICULARLY

UNPOPULAR IN THIS COUNTRY,

OPINION POLLS SHOWED THAT

THE AMERICAN PUBLIC RATED THE U, N.'s PERFORMANCE AT AN

ALL-TIME LOW;

AND IN THE ENSUING MONTHS LETTERS SENT.

BY AMERICAN CITIZENS TO THE DEPARTMENT OF STATE WERE

OVERWHELMINGLY NEGATIVE ABOUT THE WORLD BODY,

BUT THAT WAS NOT THE END OF THE ADVERSE REACTION.

RECENT BILLS BEFORE CONGRESS HAVE SOUGHT TO REDUCE AMERICAN

-8-

__ ~___ _______________li___ __________

FINANCIAL SUPPORT FOR THE U. N. FROM ITS PRESENT 25%.DOWN TO

15% OR 6% OR TO LESS THAN ONE PERCENT.

BLUNT CRITICISM

OF THE U. N. BY SUCH OUTSPOKEN FORMER U. S, REPRESENTATIVES

AS JOHN SCALI AND DANIEL PATRICK MOYNIHAN HAVE MADE THEM INTO

NATIONAL HEROES.

ACT,

AND OTHER NATIONS ARE GETTING INTO THE

I HASTEN TO ADD HOWEVER THAT SUCH GROWING CRITICISM

HASN'T MOVED THE GENERAL ASSEMBLY ONE WHIT TO FACE THE WORLD

AS IT REALLY IS BUT PERHAPS AT LAST THAT DIRECTION IS BEING

SUGGESTED TO THOSE NATIONS WILLING TO FOLLOW THE PATH OF REASON,

IN.TALKING ABOUT "THE U. N." PEOPLE SOMETIMES

LOOSELY EQUATE THE GENERAL ASSEMBLY WITH THE WHOLE U, N,

SYSTEM. THE ERROR IS UNDERSTANDABLE SINCE THE ASSEMBLY

-9-

C- --ii~i-~-.II---LL-~---i=-i-_ -~__~___ . III~------ IIIIII-~CICI---I

IS LARGE VISIBLE AND NOISY.- WHILE THE REST OF THE

SYSTEM -- WITH THE EXCEPTION OF THE SECURITY COUNCIL --

TENDS TO BE SILENT AND DIFFUSE.

MUCH OF ITS WORK IS

LITTLE KNOWN,

INCLUDING ITS SIX MAJOR ORGANS AND THE SPECIALIZED

AGENCIES -- WHICH ACCOUNT FOR MOST EXPENDITURES IN THE U, N.

SYSTEM -- THE UNITED NATIONS IS A VAST ARRAY OF INSTITUTIONS

AND ACTIVITIES,

TO NAME A FEW OF THESE ACTIVITIES:

INTERNATIONAL INSPECTIONS TO PREVENT THE SPREAD

OF NUCLEAR WEAPONS AN UNDERTAKING WHICH OF COURSE IS

INTIMATELY RELATED TO INTERNATIONAL AND U, S. SECURITY;

EFFORTS TO CONTAIN "THE OTHER BOMB":

_II~_~

WORLD

POPULATION -- WHICH NOW DOUBLES ITSELF IN 30 YEARS' TIME;

AND EFFORTS TO PROMOTE WORLD FOOD PRODUCTION;

MONITORING THE EARTH'S ENVIRONMENT IN AN ATTEMPT

TO CHECK GLOBAL POLLUTION;

CONTROLLING THE SPREAD OF CONTAGIOUS PLANT -

ANIMAL AND HUMAN DISEASES ,, AND DRUGS;

PROVIDING DEVELOPMENT ASSISTANCE;

PROVIDING DISASTER RELIEF;

GIVING AID TO DEPRIVED CHILDREN;

PROMOTING WORLD TRADE-- THUS PROMOTING U, S,

JOBS AND BUSINESS;

SETTING.SAFETY STANDARDS FOR SHIPPING AND AVIATION)

-11-

_ II ___ _~__ __CII-IL LC--~-~-^------I _._ll-Lt- -1.--1- 1~--1~-~111 -1-____

MAINTAINING A WORLD WEATHER WATCH;

REGULATING INTERNATIONAL COMMUNICATIONS AND

THE WORLD POSTAL SYSTEM.

MOST AMERICANS WOULD PROBABLY HAVE LITTLE

DIFFICULTY IN AGREEING ON THE DESIRABILITY OF SUCH

INTERNATIONAL UNDERTAKINGS AS THESE.

IF THE U, N,

WERE EVALUATED SOLELY ON THESE ESSENTIALLY NON-POLITICAL

ACTIVITIES PRESUMABLY IT WOULD GET HIGH MARKS.

IT IS

THE POLITICAL SIDE OF THE U. N. -- ESPECIALLY THE GENERAL

ASSEMBLY- THAT CAN BE TROUBLESOME.

SURELY IT IS PERMISSIBLE THEREFORE TO ENGAGE

IN SOME SPECULATION:

SUPPOSE THE U. S. CONTINUED TO SUPPORT

-12-

THE WORK OF THE SPECIALIZED AGENCIES BUT WITHDREW FROM

THE GENERAL ASSEMBLY?

INCONSIDERING THIS HYPOTHESIS -

IT IS IMPORTANT TO TAKE A PRECISE MEASURE OF THE GENERAL

ASSEMBLY'S ROLE NEITHER OVER-ESTIMATING IT NOR UNDER-

ESTIMATING IT.

WHILE THE GENERAL ASSEMBLY ENJOYS A

GREATER POLITICAL ROLE THAN SOME WOULD HAVE WISHED IT

TO HAVE;

YET IT HAS CONSIDERABLY LESS AUTHORITY THAN

MANY PEOPLE SUPPOSE.

THE ESSENTIAL FACT IS.THAT THE

ASSEMBLY IS EMPOWERED ONLY TO MAKE RECOMMENDATIONS --

EXCEPT WITH REGARD TO ADMINISTRATIVE AND BUDGET MATTERS;

THE ONLY POWER OF DECISION ON POLITICAL MATTERS RESTS IN

THE HANDS OF THE SECURITY COUNCIL WHERE THE U, S, LIKE

-13-

OTHER PERMANENT MEMBERS HAS A VETO.

LEST WE FALL INTO THE OTHER EXTREME HOWEVER -

AND CONCLUDE THAT THE ASSEMBLY IS NOT WORTH BOTHERING ABOUT -

WE MUST CONSIDER WHAT IT CAN DO AND HAS DONE.

TO BEGIN

WITH MOST OF THE IMPORTANT NON-POLITICAL ACTIVITIES OF THE

SPECIALIZED AGENCIES SUCH AS WERE MENTIONED EARLIER -

DERIVE FROM GENERAL ASSEMBLY RESOLUTIONS,

SO HAVE THE CURRENT

UNITED NATIONS EFFORTS TO DEAL WITH THAT VERY IMPORTANT AND

INTRACTABLE PROBLEM OF EXPLOITATION OF THE SEABED AND MANAGE-

MENT OF THE WORLD' OCEAN RESOURCES.

SO ALSO HAVE MAJOR

EFFORTS TO DEAL IN NEGOTIATING FORUMS WITH PROBLEMS OF

FOOD PRODUCTION POPULATION AND ENVIRONMENT.

EVEN

-14-

__ ~____~______ ~ ILI_ __

ARMS LIMITATION AGREEMENTS WHILE NORMALLY NEGOTIATED

IN SMALLER FORUMS RECEIVE POLITICAL SUPPORT AND UNDOUBTEDLY

WIDER ADHERENCE THROUGH ACTION BY THE GENERAL ASSEMBLY.

THE U. S, ANNUAL CONTRIBUTION TO.THE UNITED NATIONS

SYSTEM TOTALS ABOUT $470 MILLION OR A LITTLE OVER $2 PER

CAPITAL.

MOST OF THIS IS IN THE FORM OF VOLUNTARY CON-

TRIBUTIONS OF ONE KIND OR ANOTHER;

HALF IS ACTUALLY ASSESSED. MOR

THAT IS LESS THAN

EOVER THESE VOLUNTARY

CONTRIBUTIONS ARE GENERALLY ADMINISTERED BY U. N, AGENCIES

OR OTHER BODIES IN WHICH THE UNITED STATES IS WELL

REPRESENTED.

AS NOTED EARLIER HOWEVER THERE HAVE BEEN

-15-

_____ __I_ ______ ___~CI I1I_______

PROPOSALS BEFORE CONGRESS TO REDUCE THE U. S. ASSESSED

CONTRIBUTION.

THIS HAS BEEN DONE BEFORE;

WHY NOT AGAIN?

A PRESIDENTIAL REPORT IN 1971 RECOMMENDED THAT

THE UNITED STATES SEEK TO REDUCE ITS SHARE OF THE REGULAR

BUDGET FROM 31,52% -- THE LEVEL AT WHICH IT THEN STOOD --

TO 25% WHICH IS ITS PRESENT LEVEL,

ALTHOUGH THE 31,52%

WAS ALREADY SOMEWHAT LOWER THAN A STRICT APPLICATION OF THE

U, N,'S "CAPACITY TO PAY" FORMULA WOULD HAVE CALLED FOR -

THE MATTER WAS NEGOTIATED WITH THE U. N, WHICH ACCEPTED

THE PRINCIPLE THAT THE CONTRIBUTION OF ANY ONE MEMBER SHOULD

NOT EXCEED 25%.

ACCORDINGLY IN 1973 THE GENERAL

-16-

_I ~~____ __ __ _L______1_~_

ASSEMBLY APPROVED THE U. S. REDUCTION.

BUT HERE THE PLOT THICKENS,

THE "CAPACITY

TO PAY" FORMULA STILL APPLIES TO OTHER MEMBERS -- SO THAT

THE UNITED KINGDOM FRANCE AND THE SOVIET UNION FOR

EXAMPLE PAY A HIGHER PERCENTAGE OF THEIR GROSS NATIONAL

PRODUCTS THAN DOES THE UNITED STATES,

ARISES:

THE QUESTION THUS

HOW MUCH FARTHER DOWN COULD THE U. S, CONTRIBUTION

BE NEGOTIATED?

FOR IF THE UNITED STATES SIMPLY ACTED

UNILATERALLY IT COULD FIND ITSELF "IN ARREARS" AND LOSE

ITS VOTE IN THE ASSEMBLY.

THERE IS ANOTHER QUESTION:

HOW MUCH FARTHER DOWN WOULD WE WANT TO NEGOTIATE IT?

IT REQUIRES NO VIVID IMAGINATION TO SEE THAT

-17-

IF WE DRASTICALLY REDUCED OUR SUPPORT FOR THE U, N, SYSTEM -

ITS VERY EXISTENCE WOULD BE PLACED AT RISK,

IT WOULD

UNDOUBTEDLY STUMBLE ON FOR A TIME AS DID THE -LEAGUE OF

NATIONS ., BUT IT IS HARD TO IMAGINE AN EFFECTIVE

UNITED NATIONS IF OUR NATION CHOSE FOR WHATEVER REASONS -

TO VIOLATE OUR SOLEMN TREATY OBLIGATIONS TO PAY OUR ASSESSED

SHARE OF THE BUDGET OR IF TO AVOID THAT HUMILIATION WE

WITHDREW FROM MEMBERSHIP.

IF THE U. S. WITHDREW FROM

MEMBERSHIP OF:COURSE IT WOULD ALSO LOSE ITS VOTE IN THE

SECURITY COUNCIL.

USING THE MIDDLE EAST AS AN EXAMPLE IT IS

APPARENT THAT ESSENTIAL PEACEKEEPING OPERATIONS COULD NOT

-18-

BE CARRIED OUT UNLESS THERE WERE SUCCESSFUL COOPERATION

IN DETERMINING HOW TO PAY FOR THE TROOPS SUPPLIES AND

OTHER BURDENS INHERENT IN THOSE LARGE OPERATIONS, IT

ALSO IS TRUE THAT MANY OF THE MOST IMPORTANT SECURITY ISSUES

OF SIGNIFICANCE TO THE UNITED STATES HAVE BEEN CONSIDERED

BY BOTH THE SECURITY COUNCIL AND THE GENERAL ASSEMBLY AND

THERE IS UNAVOIDABLE INTERACTION BETWEEN THE TWO BODIES,

IF WE CONCEDE THAT THE GENERAL ASSEMBLY MAY PLAY

.A.USEFUL ROLE IN WORLD SECURITY MATTERS DOES IT NOT PLAY

.A VERY HARMFUL ROLE ALL THE SAME IN ESCALATING THE

CONFRONTATION BETWEEN RICH AND POOR COUNTRIES AS IT DID IN

THE 1974 AND '75 ECONOMIC DEBATES REFERRED TO EARLIER?

-19-

THERE IS NO DOUBT THAT THE ASSEMBLY PROVIDES A

STAGE FOR THE "POOR PLAYERS" OF THE UNDER-DEVELOPED WORLD -

WHO OTHERWISE MIGHT NOT BE HEARD FROM AND THAT THEIR

PERFORMANCE MAY AT TIMES BE BIASED IRRATIONAL OR

IRRITATING,

BUT IT.IS NOT THE ASSEMBLY WHICH CREATED THE

GREAT CHASM BETWEEN RICH AND POOR OR THE DEPTHS OF POVERTY

FROM WHICH THE LATTER ARE TRYING TO FREE THEMSELVES.

MORE-

OVER DESPITE THE CLOUDS OF SMOKE AND DUST WHICH AROSE FROM

THAT FORUM DURING THE 1974-75-76 DEBATES THE FINAL RESULTS -

FROM THE U. S. VIEWPOINT WERE POSITIVE AND CONSTRUCTIVE,

IN THE CLOSING PHASE OF THIS CONFRONTATION SECRETARY OF

STATE KISSINGER STATED THE AMERICAN POSITION ON VIRTUALLY

-20-

~-~----------i;-r-^ ---------_r_....~ ..... --~-I~---X--------------L-- - --~~-~--~~.~.

THE WHOLE RANGE OF ECONOMIC ISSUES -- TRADE DEVELOPMENT -

TECHNOLOGY FINANCE AND INTERNATIONAL INVESTMENT AND

TWO WEEKS LATER THE GENERAL ASSEMBLY UNANIMOUSLY ADOPTED A

RESOLUTION THAT INCORPORATED SOME 28 PROPOSALS AND POLICY

RECOMMENDATIONS FROM THE U, S, STATEMENT.

IN MY JUDGMENT -

THAT RESOLUTION MARKED A SIGNIFICANT TURNING POINT IN U. S.

RELATIONS WITH THE DEVELOPING COUNTRIES AND SET THE STAGE

FOR A NEW ERA OF ECONOMIC PARTNERSHIP BETWEEN RICH AND POOR

NATIONS.

IN OUR PREOCCUPATION WITH THE MISDEEDS WHICH

MEMBERS HAVE INFLICTED ON THE GENERAL ASSEMBLY WE SHOULD

NOT FORGET THAT IN A CRISIS IT IS THE ACTION OF THE SECURITY

-21-

__~1~1~__ ____

CRISES WITH WHICH THE SECURITY

COUNCIL HAS DEALT SUCCESSFULLY HAVE GENERALLY BEEN AT A

REGIONAL LEVEL; SUCH AS THE MIDDLE EAST OR KOREA.

BUT

AS WE ALL RECOGNIZE THERE IS ALWAYS THE POSSIBILITY THAT

A REGIONAL CONFLICT MAY ESCALATE TO GLOBAL PROPORTIONS,

MOREOVER EVEN IN THE EVENT OF A DIRECT ENCOUNTER BETWEEN

GREAT POWERS AS IN THE CUBAN MISSILE CRISIS THE SECURITY

COUNCIL OFFERS A MECHANISM FOR SLOWING DOWN EVENTS PRO-

VIDING ADDITIONAL TIME IN WHICH GOVERNMENTS CAN SEEK SOLUTIONS,

OF'ALL THE VARIOUS SERVICES PROVIDED BY THE U. N, SYSTEM -

THAT ADDITIONAL TIME PERHAPS IS THE ONE UPON WHICH IT WOULD

BE HARDEST TO PUT A PRICE,

-22-

_1 __ __ I__ ____ ~___~_ _~_I______ L_________ _~_ II

COUNCIL THAT IS CRUCIAL,

	Notes on the legal system...
	Remarks of Reubin O'D. Askew
	Ceremony conducted for the investiture...
	League of women voters of Orange...

MILLISECOND	CLASS.METHOD	MESSAGE
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0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
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