501.BB/12–848: Telegram

The Acting Secretary of State to Mr. Dean Bush of the United States Delegation to the General Assembly, at Paris

us urgent

Gadel 720. Niact no distribution. Eyes only for Rusk from Lovett. Re emergency representation in SC (Delga 1119, Dec. 8) Legal Adviser’s Office has furnished following opinion:

“As to SC Dept agrees President has constitutional power to make appointment to ensure US representation in situation where normally qualified representatives physically unable to attend. This true had no Participation Act been passed.

Apart from President’s power to make appointment under constitutional power over foreign relations, Participation Act 1945, Section 2(d) when read literally clearly authorizes President to make such emergency appointment. Section 2(d) reads ‘The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in the organs and agencies of the United Nations.’ Dept. of Justice approves this interpretation. Limitations ‘(A)’ and ‘(B)’ contained subsequently in Section 2(d) relate to ‘either such Council’, referring to the Trusteeship Council and ECOSOC.”

In light of foregoing I have discussed possible temporary replacement for Jessup with President who states he will appoint Dulles if necessary. Re telephone call Rusk–McClintock this afternoon will send credentials for Dulles tomorrow evening to be availed of when and if necessary. Please tell Jessup we do not wish him to jeopardize his health and trust he will have speedy recovery.1

  1. In Department’s cable Gadel 710, December 8, 10 p. m., the Acting Secretary of State (Lovett) conveyed to Mr. Dulles the President’s authorization for Mr. Dulles to undertake U.S. representation before the General Assembly in the Palestine debate “tomorrow” (501.BB/12–848); actually the Palestine discussion was not resumed until December 11 and no one spoke for the United States at that time. In the meantime on December 10 President Truman had appointed Mr. Dulles to serve as Acting Deputy United States Representative on the Security Council, in the temporary absence of Ambassador Jessup (Instruction 22, December 10, 501.BB/12–1048); the letter of appointment arrived in Paris however only hours before Mr. Dulles was leaving for the United States and “could not be delivered” (Despatch P–1355, December 14, 501.BC/12–1448). Despite an optimistic cable from Ambassador Jessup about mid-day December 14 to the effect that he felt he could attend the next sitting of the Security Council on December 15 (Paris cable Delga 1185, 2 p. m., December 14, received in Washington at 11:09 a. m. the same day, 501.BC/12–1448), the Department nevertheless took steps to convey Presidential authorization to the U.S. Ambassador to France, Jefferson Caffery, if necessary, to serve as Acting Deputy United States Representative on the Security Council (Department’s cable Gadel 744, December 14, 4 p. m., 501.BC/12–1448). Ambassador Jessup did in fact attend the meeting of the Security Council on December 15.