haps," Jessup grinned, "Dr. Gallup should transfer his activities to your country. It would be much easier for him to predict the results of elections there."

It was this sort of background that prompted the State Department to select Jessup to ask Malik about the omission in the Stalin interview-a departure from the routine way of making the contact through ambassadors, State Department officials, or higher U. N. delegates.

The actual question-popping has been described in the newspapers as taking place during a casual meeting in the delegates' lounge at Lake Success; but, as one State Department official put it, "It probably was the most carefully planned casual meeting in history." For days Jessup waited for the right moment, and finally, on February 15, he spotted it. Malik was sitting alone on the other side of the lounge, sipping lemonade. Jessup moved slowly across the room, knowing that the slightest incorrect inflection in his voice might give the Russian the idea that our air lift wasn't going too well, or, on the other hand, that it was going so well that we weren't interested in lifting the blockade.

As Jessup approached his chair, Malik looked up. "Ah, my friend," he said, "congratulations on your new position." (Jessup had just been appointed Ambassador at Large.)

"Thank you," said Jessup, "and how are Madame Malik and your little girl?" "Very good," said Malik.

The small talk continued in this vein for a moment or two. Then Jessup said, "I was very much interested in Mr. Stalin's statement last week. By the way, was there any significance in his omission of the currency question in Berlin?" Malik hesitated. Finally he said, "I don't know. But I'll find out." And that's all there was to a historic moment. A month later, Malik came back to see Jessup. "The omission was not accidental," he said. The two men then began delicate negotiations about lifting the blockade on America's terms. The secret negotiations went on in Malik's office for more than 6 weeks, during which a wrong word uttered by either side could have blown the entire matter sky-high. Finally, on May 4, a United States-British-French-Russian agreement was signed in Jessup's office; and on May 12, the trucks and trains began to roll into Berlin once again. World tension eased a bit, and the Big Four Foreign Ministers reconvened in Paris-with Jessup sitting at Secretary of State Dean Acheson's right hand.

So far as the general public is concerned, this is all they know about Jessupthat he is the man who busted the Berlin blockade. Actually, the 52-year-old international lawyer is considered one of the world's greatest experts on such matters as neutrality, piracy, fishing rights, and extradition. He helped set up the new World Court and he played a leading role in trying to save the old one. He is known as the Felix Frankfurter of international law, since a great many of his Columbia University students have gone into important jobs with the State Department and the UN, and nearly every day he is asked to recommend others.

Dr. Jessup (he is an A. B., and M. A., a Ph. D., and LL. D., an LL. B., and a J. D.) has been in line for the presidencies of Yale and Stanford Universities, and before General Eisenhower got the job, he was the leading candidate for the presidency of Columbia Foreign governments have sent representatives halfway around the world to ask his advice.

The record indicates, however, that in the recent past the State Department has not taken kindly to having scholars represent us in the UN. Instead, we depended on hardheaded politicians who were good at rough-and-tumble parliamentary tactics, but who occasionally would fumble the ball by saying such things as, "I am mighty glad to make the acquaintance of a gentleman from UNESCO, that brave little country that fought so gallantly at our side in the last war."

When Jessup moved onto the Security Council, the experts expected dull, erudite discussions that could be confounded by nimbled-witted opposing debaters. But in addition to his ability to ad-lib more international law than most of the other delegates combined, Jessup exhibited all of the backstage footwork of a Warren Austin, and much of the effective hamming of a Tom Connally.

PUTTING THE DUTCH ON A SPOT

When the Dutch chose the Security Council's Christmas vacation period to begin their blizkrieg "police action" to wipe out the Indonesian Republic, Jessup was in the south of France recovering from an almost fatal attack of bronchial pneumonia. He immediately sent for the military attaché's plane, flew back to

Paris and made a dramatic entrance into the reconvened Security Council meeting Completely muffled up in overcoat, scarf and gloves, he took his seat at the table. Nothing could have dramatized more effectively to the Dutch how important the United States considered the Netherlands' breach of U. N. principles. His speeches had the same quality. On December 22, 1948, he began his address by pin-pointing the Dutch violations. Then, in plain, direct language, he said the one thing no one else had dared to say, "The Netherlands Government has been proceeding unilaterally to establish a United States of Indonesia, on its own terms, without the Republic." Finally, he lowered his voice melodramatically and looking straight at the Dutch representative, he said:

"In the middle of the night on December 18, the Netherlands delegate handed a letter to the United States representative in Batavia. The letter stated that the truce agreement would be terminated in less than an hour's time. It went on to say that the republican government had been notified accordingly. But in the course of the night on which this letter was delivered to the United States representative, telegraphic communications were cut off, and premission for aircraft to fly to the republican capital was denied. Thus no notice of the repudiation of the truce reached the Good Offices Committee and, so far as is known, none reached the republic in Jakyakarta."

Later, one of the Dutchman is reported to have mopped his brow and said, "I was beginning to feel like a prisoner in the dock."

The interesting thing is that no one ever gets mad after being the recipient of such a Jessup roasting. The Dutch and the Russians have remained on good terms with him, and after a particularly scatching denunciation of the Arabs in the Palestine debate. Faris el-Khouri came up and said to Jessup, "With the others I am angry, but not with you. You were a technician doing your job."

This, according to some of the outstanding authorities on international relations, is one of the reasons Jessup has become so valuable to America in the diplomatic bull ring. Charles Fahy, former United States Solicitor General and ex-legal adviser of the State Department, says, "They know his reputation and they have read his books. It is like arguing before a judge for whom you have great respect. There is no question of personal feelings, being involved. It is simply the law."

Another expert, Professor Frederick S. Dunn, director of Yale University's Institute of International Studies, says, "He knows his subject so thoroughly that he can afford to free his mind to make a little joke in the heat of debate, and release the tension. You only lose your temper when you're not sure of your ground."

This Jessup trick of tension easing has worked time and time again. It is an extension of the ridiculing-with-kindly-smile method he uses in the classroom to tame recalcitrant students. Once, for instance, he said to Malik, with a grim, "Can we go to lunch now, or are you going to make an hour-and-a-half speech?" Malik laughed and came back with: "If you Americans weren't so difficult, we could spend all our time having lunch." Then everyone laughed, and a crisis was weathered.

Often, when a debate gets hot, Jessup will say something in his correct_but horribly stilted French. This invariably causes the French-speaking members to dissolve in mirth. Once, he turned the tables. After a speech by Britain's Hector McNeil, he broke up a tough situation by saying, "I just listened to the addres of my esteemed British colleague in the French translation. I find that less difficult to understand than his Scottish version of English."

Another reason that has been advanced for Jessup's rapid rise is that, unlike other savants, he does not operate in an ivory tower. He has always tried to make international law a practical science directly tied up with the realities of everyday life.

His philosophy is summed up in a report he made to the Carnegie Endowment for International Peace (he and John Foster Dulles are its foremost trustees), in 1941. He wrote: "I am unable to conceive of international law merely as a fundamental set of rules regulating such points as the privileges of ambassadors, the extradition of criminals and jurisdiction over ships. Nor can I agree that international law is only a bundle of moral precepts demonstrably impotent to restrain rulers lusting after power and prestige. International law is a term embracing all the rules, habits and institutions of the international society."

He learned early in his career just how closely his high-sounding profession really tied in with the rules, habits and institutions of people. In 1927 he wrote

a technical volume about ocean fishing rights called The Law of Territorial Waters and Maritime Jurisdiction. He expected the work to be purchased by a few students here and there, but he discovered, to his surprise, that it was selling at a brisk pace at popular bookstores throughout the country.

ILLEGAL USE FOR A LAWBOOK

Intrigued, Jessup looked into this phenomenon. He found that his tome was being bought by tough, decidedly unscholarly characters, who looked like bootleggers. It turned out that they were bootleggers-who were relying on the book for authoritative information on such matters as the 3-mile limit. Jessup's erudite work is known to this day as "The Bootleggers' Guide."

This wasn't the end of Dr. Jessup's lesson in the practical applications of learned research. He was threatened with a libel suit by a bootlegger named Bill (The Real) McCoy, because in the book Jessup had described this gentleman's capture at sea after a chase by the Coast Guard. The Real's complaint was that this held him up to ridicule in the profession, since it was he who had captured the Coast Guard. (When they had boarded his vessel he had run off to sea with them; and he was not arrested until later.)

After Jessup had had some timid, albeit friendly, conversations with The Real McCoy, he wrote a correction for the newspapers, and the case was dropped. Jessup's library in his office at Columbia University still contains a biography of McCoy, inscribed: "To a Square Shooter. Sincerely, Bill McCoy, August 25, 1932."

The Square Shooter was born into a scholarly family January 5, 1897, on a tree-shaded suburban street in what now is New York City's Harlem tenement district. His father was a lawyer who engaged in a surrogate's practice; his grandfather was a fiery Presbyterian missionary who worked out on the inhabitants of Syria for 53 years.

Young Philip led a normal city childhood. He went to the private Nathan Hale School, to public schools on New York's East Side, to Hunter College's experimental school, to the public schools in suburban White Plains, N. Y., and to a boarding school in Ridgefield, Conn.

"Only one thing was certain about my education in those days," says Jessup. "It was that I would end up at Hamilton College, where all good Jessups ended up." And so he did. In 1914, when his father's fortunes were in ebb period, he entered the famous little upstate New York college without a dime in his pocket-a situation which he soon rectified by establishing a highly profitable enterprise known as The Jessup Pants Pressing and Shoe Shining Service for Students.

He did well in other activities, too. His classmate, New York's Republican Senator Irving M. Ives, remembers him with overtones of hero worship. "I considered him to be the outstanding man in the college at that time." the Senator says. "Whatever he did, he did well. He was one of the first students about whom the expression B. M. O. C. (Big Man On Campus) was used." Ives was not exaggerating. Jessup was president of his class, a Phi Beta Kappa, leading-man actor, number one debater, power in the student government, Rhodes scholar-elect, captain of the track team and dater of the best-looking girls. One of said best-looking girls was Lois Walcott Kellogg, a Bryn Mawr undergraduate whom he later married. She became a remarkable career woman in her own right and proved to be of immeasurable help to him.

On the track team, the slim, powerful Jessup ran the quarter and half mile and, until he pulled a tendon during his senior year, anchored the Hamilton mile-relay team to some exciting Penn Relay triumphs over their archrivalsHobart, Union, and Rochester.

When World War I broke out, Jessup, still an undergraduate, closed his books, packed a bag and went off to Spartanburg, S. C., with New York City's One Hundred and Seventh Infantry. He was not a B. M. O. C. here he ended up a Pfc. in a line company, lugging a Lewis light machine gun. He fired this weapon at the Germans during the Battle of the Hindenburg line which did so much to end the war.

One day, an officer came around and gave examinations to the troops. Of the 2,000,000 or so soldiers of the A. E. F., Pfc. Jessup ranked among the top 30, and was sent back to the United States to become a plebe at West Point. This lasted for exactly 6 weeks. The armistice and his resignation came on the same day. "The Army life was not for me."

PROCEDURE

Senator SPARKMAN. Dr. Jessup, I believe you have been questioned on everything that we have.

While looking for something here, I may make the announcement to the audience that Mr. Stassen, who was invited to come today, was unable to come. As a matter of fact, I had anticipated in my telegram to him that the time might be entirely too short for him to be able to get here.

1 received a reply from him in which he said that he would have come even on such short notice except for the fact that he had just previously, before receiving my telegram, accepted an invitation to appear before the Internal Security Subcommittee on Saturday and that it would be necessary for him to work up his statement and, therefore, he would not be able to be here.

I offer his telegram for the record at this point.

(The material referred to appears in the record, as follows:)

Hon. JOHN J. SPARKMAN,

Senate Office Building, Washington, D. C.:

OCTOBER 4, 1951.

Prior to receiving late this evening your telegraphic invitation to appear before your committee tomorrow morning at 10, I had received this afternoon and had accepted an invitation from the chairman of the Senate Security Committee, which had originally supenaed me to appear before that committee at 10 o'clock Saturday morning. The shortness of your notice and the necessity of preparing for my Saturday testimony and the courtesy to the other committee make it impossible for me to appear tomorrow morning before your committee. I am willing, however, to appear before your committee at any time early next week at your convenience; and in the meantime I will study the extensive testimony given by Mr. Jessup today and will present evidence including documents pertinent thereto.

Sincerely yours,

HAROLD E. STASSEN.

Senator SPARKMAN. Mr. Stassen suggests he would be available the first part of next week. The committee will decide on that at the conclusion of this meeting, I hope.

Dr. Jessup, I started to ask you these questions yesterday, but in view of the fact that Mr. Stassen was expected to be here today it was suggested that it would be best to wait, I believe, until he appeared. In this letter from Senator McCarran, September 20, 1951, he suggests that we might be interested in getting certain facts, and I quote from his letter:

* which you should find reflected in the security files of the State Department, including the following:

1. An explanation of why, in June 1945, Prof. S. B. Krylov, legal adviser to the People's Commissariat on Foreign Affairs and a Soviet delegate to the San Francisco Conference, considered Jessup, then a consultant to the American delegation to the San Francisco Conference, a very important person from the standpoint of Soviet interest.

2. An explanation of what relationship, if any, existing between Jessup and Jacob Aronoff, who was an sasociate of Arthur Adams, suspected Soviet intelligence agent.

3. An explanation of Jessup's relationship, if any, with Michael Greenberg, at one time an employee at the White House and a former employee of the Institute of Pacific Relations and a member of the Communist Party who gave Jessup as a reference for employment.

I shall submit Senator McCarran's entire letter in the record at this point, along with my reply.

(The material referred to appears in the record as follows:)

LETTER OF SENATOR PAT MCCARRAN, SEPTEMBER 20, 1951

Hon. JOHN J. SPARKMAN,

UNITED STATES SENATE, COMMITTEE ON THE JUDICIARY, September 20, 1951.

United States Senate, Washington, D. C.

MY DEAR SENATOR SPARKMAN: I am having prepared by the staff of the Internal Security Subcommittee a transcript of the record and proceedings given and had in committee with reference to Mr. Philip Jessup, now a nominee for delegate to the United Nations. I respectfully suggest that this record will be of interest to your committee as revealing certain associations and activities of the nominee. I respectfully suggest that your committee may be interested in ascertaining what explanation is given of certain items respecting this nominee which you should find reflected in the security files of the State Department, including the following:

1. An explanation of why, in June 1945, Prof. S. B. Krylov, legal adviser to the People's Commissariat of Foreign Affairs and a Soviet delegate to the San Francisco Conference, considered Jessup, then a consultant to the American delegation to the San Francisco Conference, a very important person from the standpoint of Soviet interest.

2. An explanation of what relationship, if any, existed between Philip Jessup and Jacob Aronoff, who was an associate of Arthur Adams, suspected Soviet intelligence agent.

3. An explanation of what relationship, if any, existed between Philip Jessup and Michael Greenberg, at one time an employee at the White House and a former employee of the Institute of Pacific Relations and a member of the Communist Party who gave Jessup as a reference for employment. With kindest personal regards,

Sincerely,

PAT MCCARRAN, Chairman.

REPLY TO SENATOR MCCARRAN'S LETTER, SEPTEMBER 21, 1951

Hon. PAT MCCARRAN,

United States Senate,

Washington, D. C.

SEPTEMBER 21, 1951.

The

DEAR SENATOR MCCARRAN: Thank you for your letter of September 20. subcommittee on nominations will be very glad to have a transcript of the record and proceedings before the Judiciary Committee as it pertains to Mr. Philip Jessup, which you so kindly offered. The subcommittee appreciates your making this available.

In accordance with your suggestion, we shall look into the S. B. Krylov assertion and the relationships between Mr. Jessup and Jacob Aranoff and Michael Greenberg.

We should also appreciate having, at this time, any additional information or suggestions as to lines of inquiry which you may think appropriate. With kindest personal regards, I am

Sincerely,

JOHN J. SPARK MAN.

Since this may be your last appearance before our subcommittee, I think you should have an opportunity to make any comment you wish to make on those three suggestions.

PROF. S. B. KRYLOV

Ambassador JESSUP. Thank you, Mr. Chairman. I am very glad to have that opportunity to comment.

The first one is in regard to this man Krylov. I am not privileged to know the source of this alleged statement attributed to Krylov: that I was important from their point of view. Whether he made that statement, where he made it, or how he made it, I am not informed.