501.BB/12–848: Telegram

The Acting Chairman of the United States Delegation to the General Assembly (Dulles) to the Secretary of State

us urgent

Delga 1119. Niact eyes alone for Lovett from Rusk—No Distribution. Jessup has just entered hospital with bronchitis and some temperature. While his condition is not serious at this stage, he is generally exhausted and we must therefore prepare for the contingency that he may be away for some time.

Most immediate problem is handling of Palestine case in plenary GA on Friday.1 Although I handled it in Committee One, I believe [Page 19] senior member of delegation should handle in plenary if possible. Of Dulles, Cohen and Roosevelt, Dulles is the only chief delegate we should consider. I believe he would do it if I urged him to, but he needs some assurance that his doing so is agreeable to White House.

It would be unfortunate if any partisan element entered Palestine question at this stage since resolution before plenary raises no such issues. If White House or Department believes matter should be handled by permanent officer, I would do so. Canada, Australia, New Zealand and China will jointly sponsor certain minor amendments discussed in separate telegram on basis of which it now appears Arabs will abstain and Arab friends will support resolution, thereby removing much of present uncertainty re fate of Palestine resolution. Question is therefore not one of difficulty in handling but whether you agree with me that most senior available delegate should represent US on this sensitive subject. Please comment niact.

Second problem is possibility that Jessup may not be available for SC meeting which is now scheduled for Friday morning to consider Israel membership. Since Palestine resolution is not expected to come up in plenary before Friday and since we do not wish SC to consider membership before completion GA action, we shall endeavor to postpone this meeting. However, another SC meeting is tentatively scheduled for next Wednesday on Hyderabad. You should therefore giver immediate attention to problem raised by absence legally qualified US Representative on SC under Participation Act. There seems little doubt to me but that President has constitutional powers fully adequate to make an emergency appointment to ensure that US is represented on SC in situation where normally qualified representatives are physically unable to attend. Suggest quick legal check by State and Department Justice on this point. Problem is internal to us since UN would accept credentials from Secretary of State regardless of domestic American law. One possibility would be for President to call upon one of State Department officers in Paris already confirmed by Senate for present post (Thorp, Gross, Bohlen). This would conform to provisions of amended Participation Act as passed by Senate though not yet passed by House, and should be easily cleared with Connally and Vandenberg as best way meeting emergency this nature.

Suggest no formal action be taken to provide credentials for another US Representative on SC until you hear from us that SC has definitely been scheduled and such credentials are essential.

I shall discuss implications for Berlin case with Bohlen and send separate telegram.

Please make all replies eyes alone to me. [Rusk.]

  1. Documentation on the Palestine question is scheduled for publication in volume v.