FOREIGN RELATIONS, 1950, VOLUME I


Policy Planning Staff Files
Memorandum by Mr. Carlton Savage, Member of the Policy Planning
   Staff, to Mr. Paul H. Nitze, Director of the Policy Planning Staff

TOP SECRET                         [WASHINGTON,] August 3, 1950.
  The attached paper concerning the conditions which might call for
a U.S. declaration of war has a direct bearing on the questions of
mobilization and execution of war plans. It seems to me that the sub-
ject is appropriate for consideration in connection with them.
  The paper embodies suggestions made by George Kennan and he
concurs in the conclusions and recommendations. The legal aspects of
the paper were gone over by Mr. Yingling, a senior officer of "L",
and it embodies some suggestions made by him.
                                             C[ARLTON] S [AVAGE]

                           [Attachment]
Draft Memorandum by Mr. Carlton Savage, Member of the Policy
                         Planning Staff1

TOP SECRET                           [WASHINGTON1,] July 27, 1950.
             POSSIBni GENERALIZATION OF HOSTILITIES
  With the possibility of the enlargement of hostilities in Korea and
of the inauguration of hostilities elsewhere, there has been raised the
question under what conditions a U.S. declaration of war would be
called for. It is appropriate, therefore, to reexamine the implications
of such an act.
  In the two world wars of this century we have not "declared war",
but the Congress by joint resolution has recognized that a state of
war has been thrust upon us. Typical of these resolutions is the
following of December 8,1941:
  "Whereas the Imperial Government of Japan has committed un-
provoked acts of war against the Government and the people of the
United States of America: Therefore be it
  Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the state of war be-
tween the United States and the Imperial Government of Japan which
has thus been thrust upon the United States is hereby formally de-
clared; and the President is hereby authorized and directed to employ
the entire naval and military forces of the United States and the
resources of the government to carry on war against the Imperial Gov-
  A marginal notation on the source text indicated that copies of this document
were distributed for consideration at the Policy Planning Staff meeting of
September 28.


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