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rule. I don't like to have a member of the committee say, "McCarthy, do you know that on such and such a date such and such a thing happened?" unless he can tell me the basis for that statement so we can properly evaluate it, otherwise we are by a roundabout, indirect— Senator SPARKMAN. You are completely right. We are not questioning that. Certainly, however, you know as a lawyer the only way you can develop a case is to ask questions for the purpose of laying a predicate and following it up with a presentation. Unless we do, unless anyone does, it certainly is not evidence. Questions asked of you do not constitute evidence, of course.

Senator MCCARTHY. May I ask the Senator this: I think this is a reasonable request. I am curious about this wire. Could the Senator give me some information about that particular wire that Vandenberg is alleged to have sent?

Senator SPARKMAN. We will get it for you.

Senator MCCARTHY. Could you tell me where I could get the information?

Senator SPARKMAN. I do not have it in my files any more than you have the report of 1939 in yours. But I will do my best to get it for

you.

All right. If that is all, Senator McCarthy informs me that he is leaving now and he will not be back until some time Monday, and he is not certain what time Monday. In view of the circumstances, it is my thought that perhaps we ought to go over until Tuesday morning. Is that agreeable with the members of the committee?

Senator GILLETTE. That is satisfactory to me.

Senator SPARKMAN. We stand adjourned. When shall we start? Is 9:30 agreeable? I think we will get started at 9:30.

(Whereupon, at 1 p. m. the hearing was adjourned, to reconvene on Tuesday, October 2, 1951, at 9:30 a. m.)

NOMINATION OF PHILIP C. JESSUP

TUESDAY, OCTOBER 2, 1951

UNITED STATES SENATE,

COMMITTEE ON FOREIGN RELATIONS,
SUBCOMMITTEE ON NOMINATIONS,
Washington, D. C.

The subcommittee met, pursuant to adjournment on Thursday, September 27, 1951, in room 312, Senate Office Building, at 9:30 a. m., Senator John J. Sparkman, chairman of the subcommittee, presiding. Present: Senators Sparkman (chairman), Fulbright, Gillette, Smith of New Jersey, and Brewster.

Also present: Senator McCarran.

Senator SPARKMAN. Let the committee come to order, please. Before we start let me refer back to a few things that we left dangling last week when we held our last meeting.

On page 63 of the official transcript of our hearings I asked this question of Senator McCarthy, right at the end of the hearing.

CORRECTING PREVIOUS REFERENCES

Senator MCCARTHY. May I have a copy of the transcript?
Senator SPARKMAN. I am quoting:

Let me ask this question in order that the record may be very clear on this point. When the congressional Committee on Un-American Activities, in their report of January 3, 1939, page 80, which is the one you cite at the bottom of the page, stated that the American Student Union announced that it set up the front movement, the United Peace Committee, in 1938, which has brought into its front 17 national youth organizations, was the American Law Student's Association named as 1 of the 17 organizations?

Senator MCCARTHY. As I understand, yes, Senator.

Senator SPARKMAN. Can you check that?

Senator MCCARTHY. Wait a minute; wait a minute. If there is any question on that, and there apparently is, I think it will be necessary for me to have someone on my staff dig out the evidence from the committee hearings

and so forth.

STATEMENT OF HON. JOSEPH R. McCARTHY, A UNITED STATES
SENATOR FROM WISCONSIN-Resumed

Senator MCCARTHY. Will you read the rest of that answer?
Senator SPARKMAN. I am reading from the transcript.
Senator MCCARTHY. May I read the rest of the answer?
Senator SPARKMAN. I will go ahead. Just a minute.

But keep this in mind. The American Law Student's Association was cited as a Communist front also. Keep that in mind. Keep in mind that not only Wwere the affiliates cited as Communist fronts, but the American Law Student's Association was cited as a Communist front.

89965-51

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41

Then I will go on and read my reply to that:

I am talking about in 1939. In 1944 it was, according to your statement, and according to appendix 9. But I am trying to relate it back to 1939, a period of time when you think, and what I think, the record will show, that Dr. Jessup was connected with the American Law Student's Association.

Now, on page 80 of the above-mentioned report, of the Un-American Activities Committee, January 3, 1939

Senator MCCARTHY. You are referring to appendix 9?

Senator SPARKMAN. I am referring to the page 80 that you related, the report of January 3, 1939.

Senator MCCARTHY. Í don't have that report with me.

Senator SPARKMAN. I have it right here, and if you want to refer to it, you can look at the marked paragraph, which I think I have copied here correctly. I quote:

It announced that it set up the "front" movement, the United Student Peace Committee, in 1938, which has brought into its front 17 national youth organizations.

Then:

See page 583, volume I, committee hearings.

Now, in volume I, page 385 of the committee hearings, 1938, it says as follows, and I quote:

The American Student Union set up the United Student Peace Committee in 1938. Through it they claim to have influenced 17 national your movements to become affiliated with it. These include the International Intercollegiate Christian Council, Young Men's Christian Association and Young Women's Christian Association Student Council) and so forth

and it goes on to list the groups, but the American Law Student's Association is not included in the list.

Senator MCCARTHY. In that particular list.

Senator SPARKMAN. That is the only listing I found where they list the 17.

According to my count, there are only 14 organizations mentioned there, although it purports to list 17.

I want to insert in the record at this point a memorandum from the files of the Committee on Un-American Activities of the House of Representatives regarding the American Law Student's Association. This explains the reference to the American Law Student's Association in their files. I think that may be helpful to making the record complete.

(The memorandum is as follows:)

INFORMATION FROM THE FILES OF THE COMMITTEE ON UN-AMERICAN ACTIVITIES, UNITED STATES HOUSE OF REPRESENTATIVES

Subject: American Law Students Association.

The above organization has never been officially cited as subversive or Communist by either the Committeee on Un-American Activities or the Attorneys General of the United States; however, the following references to it are found in public hearings of the committee:

The following excerpts are quoted from the testimony of William W. Hinckley, former executive secretary of the American Youth Congress, before the Special Committee on Un-American Activities, November 30, 1939:

"Mr. WHITLEY. Will you describe for the committee the type of organization? In other words, is the American Youth Congress a membership organization, or is it made up of a group of affiliated bodies?

"Mr. HINCKLEY. The American Youth Congress is made up of a group of cooperative agencies, cooperative organizations.

* * *

*

*

“Mr. WHITLEY. Does it have any individual membership at all? "Mr. HINCKLEY. It has no individual membership at all, and I would like to submit a list of the national organizations that have participated in cooperation with the American Youth Congress recently. They are: American Law Students Association ** *" (public hearings, p. 7039). On April 3, 1940, Thomas F. P. O'Dea, president of the Young Communist League of Massachusetts, testified during public hearings before the Special Committee on Un-American Activities, excerpts from which are quoted: "Mr. MATTHEWS. Do you bring out any publications locally? "Mr. O'DEA. Well, we have issued leaflets. *

"Mr. MATTHEWS. In what places under your jurisdiction are there groups of members of the Young Communist League?

"Mr. O'DEA. In Boston and Greater Boston.

"Mr. DEMPSEY. Where do they get the material for the leaflets and what is the type of leaflets that is issued?

"Mr. O'DEA. * * * we issue leaflets, and we issued a leaflet the other day on the question of the rise in juvenile delinquency in Massachusetts.

**

*

*

"Mr. MATTHEWS. Do any of these local branches of the Young Communist League bring out publications of any kind?

[blocks in formation]

"Mr. MATTHEWS. "The United Student Peace Committee, 347 Madison Avenue.' "Mr. CоHN. May I see that? [A document was passed to Mr. Cohn.] "Mr. THOMAS. I would like to know who issued that folder.

"Mr. MATTHEWS According to the leaflet itself, this is a leaflet issued by the United Student Peace Committee, 347 Madison Avenue, New York City, and the names of nine organizations are given as those which are apparently affiliated with that United Student Peace Committee.

"Mr. COHN. Could I ask that the name of those organizations be read into the record?

"Mr. MATTHEWS. The names of the nine organizations are: American Law Students Association; American Student Union; American Youth Congress; *"" (public hearings, pp. 7558-7559; 7568-7569).

The American Youth Congress was cited as subversive and Communist by former Attorney General Tom Clark in lists submitted to the Loyalty Review Board, released December 4, 1947, and September 21, 1948.

*

"It originated in 1934 and * * has been controlled by Communists and manipulated by them to influence the thought of American youth" (Attorney General Francis Biddle, Congressional Record, September 24, 1942, p. 10). "One of the principal fronts of the Communist Party" and "prominently identified with the White House picket line * under the immediate auspices

**

of the American Peace Mobilization" (special Committee on Un-American Activities, report, June 25, 1942, p. 16; also cited in Reports of January 3, 1939, p. 82; January 3, 1941, p. 21; and March 29, 1944, p. 102).

*

"The American Student Union * * announced that it set up the 'front' movement, the United Student Peace Committee, in 1938, which has brought into its front 17 national youth organizations" (special Committee on Un-American Activities, report, January 3, 1939, p. 80).

TECHNICAL CHARGES IN REFERENCES

Senator SPARKMAN. Now, there are just a couple of other items that are rather technical, but if someone were running the references—I wish you would follow me on this, because this relates to some of your references there are two or three citations that apparently give the wrong pages or the wrong volume, and I want to call your attention to them.

In the material submitted by Senator McCarthy on page 7 he uses a reference to support the statement that the American Youth Congress was subversive and Communist. The reference is also cited and I am quoting his words, "In re Harry Bridges, May 28, 1942, page

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