U.S. REJECTS SOVIET CHARGES CONCERNING REFUSAL OF TWO RUSSIAN TEACHERS TO RETURN TO SOVIET UNION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000100100022-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: November 17, 2016
• Document Release Date: June 20, 2000
• Sequence Number: 22
• Publication Date: August 29, 1948
• Content Type: REPORT

Approved For Release
U.S. REJECTS SOVIET CHARGES CONCERNING REFUSAL OF TWO
RUSSIAN TEACHERS TO RETURN TO SOVIET UNION
Exequafur of Soviet Consul General at New York Revoked
NOTE OF THE DEPARTMENT OF STATE TO THE EMBASSY OF THE U.S.S.R.
The Department of State on August 00 released
for publication the text of a note to the Embassy
of the Union of Soviet Socialist Republics, deliv-
ered to the Soviet Embassy, Thursday, August 19,
1948, with reference to notes of August 9, 1948,
and August 14, 1948, of the Embassy of the Union
of Soviet Socialist Republics and to the note which
Mr. Molotov handed to Ambassador Smith in
Moscow on the night of August 11, 1948, with
reference to Mrs. Oksana S. Kasenkina and to
Mikhail I. Samarin, his wife, and three children
[Released to the press August 20]
The Department of State refers to the notes No.
143 of August 9, 194:8, and No. 148 of August 14,
1948 of the Embassy of the Union of Soviet So-
cialist Republics and to the note which Mr. Molo-
tov handed to Ambassador Smith in Moscow
on the night of August 11, 1948 with reference to
Mrs. Oksana S. Kasenkina and to Mikhail I.
Samarin, his wife and three children.
In these communications and in the representa-
tions which the Ambassador has made to the
Under Secretary of State, as well as in statements
which have been made to the press by the Am-
bassador and Mr. Jacob Lomakin, the Soviet Con-
sul General in New York City, charges of the
most serious nature are made not only against in-
dividuals in this country, but also against the
Government of the United States and state and
federal officials. The reports of the investigation
being made by the competent United States au-
thorities which have been received by the Depart-
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ment of State not only clearly demonstrate that
these charges are unsubstantiated, but also indi-
cate that officials of the Soviet Government have
been engaged in conduct which is highly improper.
The United States Government must categorically
reject the charges and insinuations contained in
these notes which have been found to be at com-
plete variance with the facts. In this connection
the Department of State desires to inform the
Embassy of the Union of Soviet Socialist Re-
publics as follows :
Mikhail I. Samarin
According to reports of the investigation made
by the competent authorities Mikhail Samarin
voluntarily appeared at the office of the Federal
Bureau of Investigation in New York and stated
he did not wish to return to the Soviet Union but
desired to remain in the United States. After
making this statement he left the office of the Fed-
eral Bureau of Investigation. without leaving an
address. He then made a statement to The New
York Times,I which was published in that news-
Following is the statement made on Aug. 10, 1948, to
the New York Times by Mikhail Ivanovich Samarin :
I know that the Soviet Government and their representa-
tives here will do their best to discredit my statement and
my actions, and attempt, before public opinion, to make
me appear as a traitor to my country, like a Fascist and
a White Russian, but I don't pay attention to what they
think.
Footnote continued on page 252
August 29, 1948 251
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paper on August 10, 1948, corroborating his state-
ment to the Federal Bureau of Investigation. It
is clear that Mr. Samarin is acting on his own voli-
tion, and that he is free to get in touch with the
Soviet Consulate General or the Soviet Embassy
at any time he wishes. No information has been
produced to substantiate the allegation contained
in the Embassy's note of August 9 that Mr.
Samarin and his family were forcibly removed
from their apartment.
In the note which Mr. Molotov handed to Am-
bassador Smith on August 11, it was stated :
"On the tenth of August Under Secretary of
State Lovett corroborated to the Soviet Ambas-
sador in Washington that Samarin had been made
subject to examination by the Federal Bureau of
(Footnote continued from page 251)
I don't mind what the Soviet Government will do or
say and I decided to speak openly. Because of my family
I am making this statement voluntarily. I don't wish
to go back to the Soviet Union and am placing myself
under the protection of the American Government and
American public opinion.
I was born in 1908 in Moscow Province and graduated
from the Pedagogical Institute in Moscow in 1935. After-
ward I taught in several Moscow high schools from
1935 to 1941. At the beginning of the war I was mobi-
lized by the army; I was a soldier in October, 1942, on
the Stalingrad front.
I was fighting for my family and my people up to
February, 1943, as a private. I was not fighting against
Germany for the Soviet regime; I was fighting for my
country. After the Stalingrad victory I was on the front
before Kursk and in April, 1943, I was wounded and sent
to a military hospital.
In November, 1943, the Soviet Government sent me to
Washington, D. C., for a job as director and teacher of
the Soviet Embassy School. With me came my wife,
IClaudia, also my daughter, Helen, 8 years old.
In July, 1946, I was transferred to the Soviet School
in New York, where I was a teacher up. to the close of
the school in July, 1948. In July, 1947, during my work
in New York, my wife gave birth to twins, a boy and a girl.
During the period when I was working in the school
I performed my duties faithfully as a teacher and gave
my best efforts for the advancement of my pupils. Dur-
ing this time I did not indulge in any political activity
and was never a member of the Communist party.
My parents were peasant farmers. Before I went to
school I worked in a factory, a textile factory. When
I was fighting for my country against Fascist Germany I
saw lots of sacrifices by the Russian people and came to
the conclusion that, during the war, the Soviet Govern-
ment was not prepared economically and militarily.
During my life in Soviet Russia I had the opportunity
Investigation which thus is found to be connected
with the organization which kidnapped Samarin,
his wife and three children."
The Ambassador will recall that on the occasion
referred to the Under Secretary merely read a
press clipping to the effect that Mr. Samarin had
voluntarily visited the New York Office of the
Federal Bureau of Investigation. This informa-
tion does not in any way support the allegation
that there is any connection between the organiza-
tion referred to in the Soviet Government's note
as the Tolstoy Fund (presumably Tolstoy Founda-
tion) and the Federal Bureau of Investigation,
and this Government must categorically deny that
any such connection exists. Moreover, this Gov-
ernment has no information which would justify
to observe the economic and political conditions under
which my people live. I observed the policies of the
Communist party, and its operations, and realized that
their machinery was operating against the interests of
my people.
During the war I, myself, like many others, had the
idea that after the war the Soviet Government would give
us a better life, politically and economically, and some
freedom. But this was a great mistake-it did not hap-
pen. For this reason during my stay in the United States
I decided not to return to the Soviet Union.
I don't like to sacrifice myself, my wife or my children
for the interests of the Communist regime.
During my work here in the United States I was certain
that the foreign policy of the Soviet Government was los-
ing for us the sympathy of the outside world, and from
this point I felt that the foreign policy of the Kremlin was
creating the atmosphere for a new war. I realized that
the party, police and Government machinery of the Soviet
Union were operating against the best interests of my
country and my people.
This time, if war happens, it will not be between the
Soviet Union and fascism but between the Soviet Union
and the democracies of Europe and the democracies of the
United States.
During my life in the United States I recognized that
the Soviet Government inculcated their people in Russia
with a misunderstanding and hatred of the American
people. After school closed I decided not to return to
Russia because of the foregoing reasons.
I was never a professional politician. I was influenced
in making this statement only by my conscience and moral
motives, as well as my duty to my family. All that I
want now is peace between our countries and a good life
for my people and for myself. Like any individual I want
to devote myself to a modest life for my family.
I have no desire for publicity, but after what happened
when I was pursued by Soviet powers, I decided to make
this statement.
252 Department of State Bulletin
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the statement that the Tolstoy Foundation is en-
gaged in criminal activity as alleged in the Em-
bassy's note.
Oksana S. Kasenkina
The reports of the competent United States
authorities show that Oksana Kasenkina on July
29,1948 informed the editor of a Russian language
newspaper in New York City that she did not
wish to return to the Soviet Union. Through him
arrangements were made for her to go to Reed
Farm, Valley Cottage, New York which she did
in a public autobus on July 31. According to her
own statements, which are corroborated by the
testimony of a number of persons, she went to the
Farm voluntarily and stayed there of her own
free will. She has stated that she wrote to the
Soviet Consul General in New York informing
him where she was but she denies stating that she
was kidnapped. The full text of her letter has
never been made available to the competent United
States authorities although its production would
have facilitated investigation of the charges made
in the Embassy's note and it would be appreciated
if a photostatic copy were furnished to this De-
partment. This Department would also like to
receive a photostatic copy of the letter which the
New York police authorities found in Mrs. Kasen-
kina's room at the Consulate General and which
was returned to the Consulate General unopened
after it was ascertained that she had jumped from
a window of the Consulate.
Mrs. Kasenkina has further stated that the
interview which she gave to the press on August
7 was arranged by the Consulate General and that
she was instructed to make false statements to the
effect that she had been kidnapped.
Mrs. Kasenkina was interviewed at the hospital
by Vice Consul Chepurnykh. As the Ambassador
was advised on August 14, should she desire to see
any other Soviet official she is completely free to
do so but this Government will not compel her to
do so nor will it turn her over against her will to
the Soviet authorities. This Government recog-
nizes the right of Soviet officials in the United
States to take appropriate measures for the protec-
tion of the rights of Soviet citizens. Such Soviet
citizens are, however, themselves entitled to the
protection of the applicable laws of the United
States and the Government of the United States
cannot permit the exercise within the United States
of the police power of any foreign government.
With reference to the Embassy's note of August
14, 1948 complaining of actions of the New York
police authorities, this Department is informed
that after Mrs. Kasenkina had jumped from a
window of the Consulate General on August 12,
Consul General Lomakin agreed to the suggestion
of police officers that they inspect Mrs. Kasen-
kina's room, as well as the room from which she
jumped. This inspection was carried out in the
presence of the Consul General. In view of the
circumstances, the Department of State considers
the actions of the New York police authorities
entirely proper.
From the foregoing it appears that the repre-
sentations of the Soviet Government in regard to
these cases have been based upon misinformation.
In this connection the reports submitted to the
Department of State show that the Soviet Consul
General in New York, Mr. Y. I. Lomakin, after
having made statements which were the basis of
the serious charges against this Government and
its officials, hindered the investigation of the com-
petent police officials by refusing to allow them
to interview Mrs. Kasenkina. This action was
the more serious in view of the subsequent state-
ments by Mrs. Kasenkina to the effect that she
jumped from the window of the Consulate General
in order to avoid having to return to the Soviet
Union. In addition to the statement made by
Mrs. Kasenkina that she was compelled to make
in a press interview false statements which had
been dictated to her, the Consul General has him-
self made or issued statements to the press which,
in view of all the evidence available, the Depart-
ment of State can only conclude were deliberately
designed to mislead the American public in re-
gard to a serious charge involving the United
States Government. The United States Govern-
ment considers that Consul General Lomakin's
conduct constitutes an abuse of the prerogatives
of his position and a gross violation of the inter-
nationally accepted standards governing the con-
duct of foreign officials.
The Department of State is therefore request-
ing the President to revoke the exequatur issued
to Consul General Lomakin, and it is requested
that he leave the United States within a reason-
able time.
DEPARTMENT OF STATE,
WASHINGTON, August .19, 1948
[Signed] L
[Robert A. Lovett, Under Secretary of State]
Augu 253
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NOTES FROM THE EMBASSY OF THE U.S.S.R. TO THE
DEPARTMENT OF STATE
the day of her departure for the Soviet Union,
trying to induce here by intimidation and threats
not to return to her Fatherland. In this connec-
tion they did not even stop at applying a narcotic
injection with the obvious purpose of weakening
her consciousness and will. On the day of Kasen-
kina's intended departure for the Fatherland,
members of this organization carried her away
from her apartment to the farm mentioned above
and forcibly kept her there. During Kasenkina's
stay on the farm from July 31 to August 6, 1948,
A. Tolstaya continued to intimidate Kasenkina
and demanded that she write slanderous articles
against her Fatherland, but Kasenkina rejected
these base demands.
According to available information, M. I. Sa-
marin and his family were also forcibly carried
away from his apartment 3-B, 214 West 104th
Street, New York, to the Kessel farm in the State
of New Jersey on the night of July 30-31 by mem-
bers of the same organization.
As is evident from communications of the
American press of August 9, M. I. Samarin, after
a week's stay at the Kessel farm, was turned over
to the Federal Bureau of Investigation by the
organization headed by Tolstaya.
The above-described cases of kidnaping of the
Soviet citizens O. A. Kasenkina and M. I. Sama-
ria and his family, as well as a number of other
cases in connection with which the Embassy duly
corresponded with the Department of State, bear
witness to the fact that the organization headed
by Tolstaya is systematically carrying on activi-
ties hostile to the Soviet Union, not stopping at
the forcible seizure of Soviet citizens with the ac-
quiescence of certain government agencies of the
U.S.A., which must be well aware of the activities
of the organization-the so-called "Tolstoy Fund".
In this connection the statement of A. L. Tolstaya
to representatives of the press on August 8 of this
year merits attention; from this statement it is
clear that the so-called "Tolstoy Fund" has at its
disposal an "underground" organization, the ac-
tivities of which are directed toward preventing
[Released to the press August 20]
The Embassy of the Union of Soviet Socialist
Republics presents its compliments to the Depart-
ment of State and has the honor to communicate
the following :
On July 31, 1948 the sudden disappearance of
the Soviet citizens Oksana Stepanovna Kasenkina,
51, a teacher by profession, and Mikhail Ivanovich
Salnarin, 40, a teacher by profession, with his wife
Klavdia Mikhailovna Samarina and their chil-
dren Tatiana, Elena, and Vladimir, was discov-
ered. It must be pointed out that all the aforesaid
persons were ready to depart from the U. S. A. for
the Soviet Union on the steamship Pobeda on July
31 and had all the necessary official documents and
passage tickets. However, for reasons unknown
at that time, Kasenkina and Samarin with his
family did not come to the steamship Pobeda at
the moment of its departure, nor were they in the
apartments occupied by them as has been subse-
quently ascertained.
On August 6 of this year Y. M. Lomakin, Consul
General of the U.S.S.R. at New York, received a
letter from O. S. Kasenkina in which she implored
him to snatch her from the hands of the organiza-
tion-the so-called "Tolstoy Fund", to whose farm
the "Reed Farm", 'Valley Cottage 4, she had been
forcibly carried from her apartment on July 31
of this year.
On the following day the Consul General of the
U.S.S.R. at New York went to the address indi-
cated by Kasenkina and, with his assistance, O. S.
Kasenkina left the farm. In this connection it
should be noted that heads of the organization,
A. L. Tolstaya and M. A. Knutson, attempted to
detain Kasenkina by force in spite of her categori-
cal statement to them that she wished to leave with
the Consul General and did not want to remain
at the farm.
As O. S. Kasenkina has reported, the members
of the organization, which is headed by A. Tol-
staya and M. Knutson, kept after her long before
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the return of Soviet citizens to their Fatherland
and which in such activities resorts to conspira-
torial methods.
The Embassy of the U.S.S.R. in the U.S.A.
considers that the attitude of the government
agencies of the U.S.A. toward the above-men-
tioned criminal activities of the so-called "Tolstoy
Fund" constitutes a direct violation of the obli-
gations assumed by the Government of the U.S.A.
on the basis of the exchange of letters of Novem-
ber 16, 1933 between the People's Commissar for
Foreign Affairs of the U.S.S.R., M. M. Litvinov,
and the President of the U.S.A., F. D. Roosevelt.2
On instructions from the Soviet Government
the Embassy of the U.S.S.R. in the U.S.A.
strongly protests the forcible seizure of the Soviet
citizens O. S. Kasenkina and M. I. Samarin and
his family by members of the "Tolstoy Fund" or-
ganization, as well as the toleration by govern-
ment agencies of the U.S.A. of the criminal ac-
tivities of this organization, which are clearly
directed against the U.S.S.R. and which consist
particularly in the prevention, by any forcible
means, of the return of Soviet citizens to their
Fatherland and in attempts to use them for pur-
poses inimical to the Soviet Union.
The Embassy of the U.S.S.R. in the U.S.A.
expects that measures will be taken by the Govern-
ment of the U.S.A. for the immediate release of
M. I. Samarin and his family and for their trans-
fer to the protection of the Consulate General of
the U.S.S.R. at New York until their departure
for the Fatherland and insists on the discontinu-
ation of activities of the so-called "Tolstoy Fund",
which are incompatible with the obligations as-
sumed by the Government of the U.S.A. with
respect to the Soviet Union.
August 9, 1948.
Embassy of the Union of
Soviet Socialist Republics
WASHINGTON
[initialed] A. P.
[Alexander Panyushkin, Soviet. Ambassador
to the United States]
August 14, 1948, No. 148,
[Released to the press August 20]
The Embassy of the Union of Soviet Socialist
Republics presents its compliments to the Depart-
ment of State and has the honor to communicate
the following :
On August 12, 1948 at 4: 20 p.m., two New York
City policemen, taking advantage of the fact that
employees of the Consulate General had opened
the door to the courtyard of the building occupied
by the Consulate General where O. S. Kasenkina
had jumped from a window, arbitrarily burst into
the building of the Consulate General. At 4: 30
p.m. four inspectors of the New York police headed
by the Deputy Chief Inspector of Police, Con-
rad Rotingast, came to the Consulate General to
learn from' the Consul General, Y. M. Lomakin,
the circumstances of Kasenkina's suicide attempt.
However, instead of dealing with the Consul Gen-
eral the police inspectors, in spite of his protest,
seized one of Kasenkina's personal letters which
was in her personal bag. The aforesaid persons
attempted to search Kasenkina's room and to ques-
tion employees of the Consulate General.
By such acts the representatives of the New
York police authorities violated the extraterri-
toriality of the building of the Consulate General
of the U.S.S.R. in New York, the need for the
observance of which is derived from international
custom and from the norms of international law.
In connection with the foregoing, the Embassy
of the U.S.S.R. in the U.S.A. manifests to the
Department of State a protest against the viola-
tion of the extraterritoriality of the building of
the Consulate General of the U.S.S.R. in New
York by representatives of the authorities of the
U.S.A., and insists that the persons guilty of such
violation be brought to account. The Embassy of
the U.S.S.R. in the U.S.A. also insists that the
persons who permitted the other illegal acts in-
dicated above be brought to account. The Em-
bassy of the U.S.S.R. in the U.S.A. hopes that the
Department of State will take measures that in
the future will protect the Consulate General from
illegal acts on the part of New York City police
authorities, and that the Department will assure
the extraterritoriality of the building of the Con-
sulate General of the U.S.S.R. of New York.
August 14, 1918.
Embassy of the Union of
Soviet Socialist Republics
WASHINGTON
[initialed] A. P.
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NOTE HANDED TO AMBASSADOR WALTER BEDELL SMITH BY FOREIGN MINISTER V. M. MOLOTOV
IN MOSCOW AT MIDNIGHT, AUGUST 11
[Released to the press August 20]
On the 31st of July a group of Soviet citizens
were to have sailed from New York on the ship
Pobeda to the Soviet Union, among whom were
the teachers of the Soviet school in New York,
O. C. Kasyenkina and M. I. Samarin with his wife
K. M. Samarin and three small children, Tatiana,
Elena, and Vladimir. The above-mentioned So-
viet citizens did not appear up to the moment
of the departure of the ship although they had
previously paid for their tickets and had sent their
baggage on to the ship. From information ob-
tained it was revealed that the persons mentioned
were not in their apartments, that Kasyenkina had
left her apartment on the morning of the thirty-
first and Samarin and his family during the night
of the thirtieth to thirty-first of July.
Not until a week after the disappearance of Ka-
syenkina did the Soviet Consul in New York, Y. M.
Lomakin, on the sixth of August by chance receive
from her a note in which she stated that she was
in the environs of New York on the Reid farm
belonging to a bandit-White guard organization
under the name of "Tolstoi Fund". In her note
Kasyenkina requested the Soviet Consul to save
her from the hands of the organization which by
all kinds of threats and intimidations had tried
to force her to refuse to return to her fatherland
and to publish in the press a statement hostile
toward the Soviet Union. Going to the address
cited in the letter the Soviet Consul in New York
actually discovered there Kasyenkina who ex-
pressed the desire to proceed immediately with
him to the Soviet Consulate. In spite of this, the
bandits from the organization "Tolstoi Fund" liv-
ing on the farm tried forcibly to prevent Kasyen-
kina from leaving, which, however, they did not
succeed in doing.
On August 7, at a press conference in the Consu-
late Kasyenkina stated that for a week she had
been followed by unknown people of this kind,
one of whom called himself Doctor Korzhinski and
the other Leo Costello, who had tried by way of
threats and violence to induce her to refuse to
return to her country. In so doing, Costello even
resorted to violently administering a narcotic sub-
stance to Kasyenkina, clearly with the purpose of
weakening her will to oppose him. On the morning
of the 31 of July, Kasyenkina was abducted by
the chauffeur of a car in which the above-mentioned
Korzhinski visited her on this day. This machine
delivered Kasyenkina to Riverside Drive, to the
apartment of a. White Guard Zenzinov, from which
place she was transferred to Reid farm. At the
time of her arrival at this farm, Kasyenkina heard
from a member of a White Guard band called the
"Tolstoi Fund", Alexandra Tolstoy, that Samarin
and his family also were there not far away.
According to a statement of the New York cor-
respondent of the United Press, Alexandra Tolstoy
confirmed to this correspondent the share of her
organization in the abduction of Samarin.
On the tenth of August Under Secretary of
State Lovett corroborated to the Soviet Ambas-
sador in Washington that Samarin had been made
subject to examination by the Federal Bureau of
Investigation which thus is found,to be connected
with the organization which kidnapped Samarin,
his wife and three children.
Supplementary to the statement made by the
Soviet Ambassador in Washington, I, on instruc-
tions from the Soviet Government, register pro-
test against the toleration on the part of the au-
thorities of the USA, of the criminal acts set
forth above with regard to the Soviet citizens,
Kasyenkina, Samarin and his family. The Soviet
Government insists on the immediate release of
Samarin and his family, on their surrender at
once for return to their country to the Consulate
General of the USSR in New York and also on
the punishment of all persons who have taken
part in the kidnapping of Soviet citizens.
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Exchange of Communications Between President Franklin D. Roosevelt and Soviet Commissar
for Foreign Affairs Maxim Lltvinov, November 16, 1933 3
MY DEAR MR. LITVINOV :
I am very happy to inform you that as a result of our
conversations the Government of the United States has
decided to establish normal diplomatic relations with the
Government of the Union of Soviet Socialist Republics
and to exchange ambassadors.
I trust that the relations now established between our
peoples may forever remain normal and friendly, and
that our nations henceforth may cooperate for their mu-
tual benefit and for the preservation of the peace of the
world.
I am, my dear Mr. Lltvinov,
Very sincerely yours,
MY DEAR MR. PRESIDENT :
I am very happy to inform you that the Government
of the Union of Soviet Socialist Republics is glad to
establish normal diplomatic relations with the Govern-
ment of the United States and to exchange ambassadors.
I, too, share the hope that the relations now established
between our peoples may forever remain normal and
friendly, and that our nations henceforth may cooperate
for their mutual benefit and for the preservation of the
peace of the world.
I am, my dear Mr. President,
Very sincerely yours,
MY DEAR MR. PRESIDENT :
I have the honor to inform you that coincident with
the establishment of diplomatic relations between our
two Governments it will be the fixed policy of the Gov-
ernment of the Union of Soviet Socialist Republics:
1. To respect scrupulously the indisputable right of
the United States to order its own life within its own
jurisdiction in its own way and to refrain from interfer-
ing in any manner in the internal affairs of the United
States, its territories or possessions.
2. To refrain, and to restrain all persons in govern-
ment service and all organizations of the Government
or under its direct or indirect control, including organi-
zations in receipt of any financial assistance from it,
from any act overt or covert liable in any way whatso-
ever to injure the tranquillity, prosperity, order, or secur-
ity of the whole or any part of the United States, its ter-
ritories or possessions, and, in particular, from any act
tending to incite or encourage armed intervention, or any
agitation or propaganda having as an aim, the violation
of the territorial integrity of the United States, its terri-
tories. or possessions, or the bringing about by force of
a change in the political or social order of the whole or
any part of the United States, its territories or possessions.
3. Not to permit the formation or residence on its ter-
ritory of any organization or group-and to prevent the
activity on its territory of any organization or group,
or of representatives or officials of any organization or
group-which makes claim to be the Government of, or
makes attempt upon the territorial integrity of, the
United States, its territories or possessions; not to form,
subsidize, support or permit on its territory military
organizations or groups having the aim of armed struggle
against the United States, its territories or possessions,
and to prevent any recruiting on behalf of such organiza-
tions and groups.
4. Not to permit the formation or residence on its terri-
tory of any organization or group-and to prevent the
activity on its territory of any organization or group,
or of representatives or officials of any organization or
group-which has as an aim the overthrow or the prepa-
ration for the overthrow of, or the bringing about by
force of a change in, the political or social order of the
whole or any, part of the United States, its territories
or possessions.
I am, my dear Mr. President,
Very sincerely yours,
MY DEAR MR. LITVINov :
I am glad to have received the assurance expressed in
your note to me of this date that it will be the fixed policy
of the Government of the Union of Soviet Socialist
Republics:
1. To respect scrupulously the indisputable right of the
United States to order its own life within its own juris-
diction in its own way and to refrain from interfering in
any manner in the internal affairs of the United States, its
territories or possessions.
2. To refrain, and to restrain all persons in government
service and all organizations of the Government or under
its direct or indirect control, including organizations in
receipt of any financial assistance from it, from any act
overt or covert liable in any way whatsoever to injure the
tranquillity, prosperity, order, or security of the whole
or any part of the United States, its territories or posses-
sions, and, in particular, from any act tending to incite or
'This exchange of communications appeared in Estab-
lishment of Diplomatic Relations With the Union of Soviet
Socialist Republics, Department of State publication 528,
printed in 1933, which is in process of being reprinted.
August 29, 1948 257
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encourage armed intervention, or any agitation or propa-
ganda having as an aim, the violation of the territorial
integrity of the United States, its territories or posses-
sions, or the bringing about by force of a change in the
political or social order of the.whole or any part of the
United States, its territories or possessions.
3. Not to permit the formation or residence on its ter-
ritory of any organization or group-and to prevent the
activity on its territory of any organization or group, or
of representatives or officials of any organization or
group-which makes claim to be the Government of, or
makes attempt upon the territorial integrity of, the United
States, its territories or possessions ; not to form, subsidize,
support or permit on its territory military organizations or
groups having the aim of armed struggle against the
United States, its territories or possessions, and to prevent
any recruiting on behalf of such organizations and groups.
4. Not to permit the formation or residence on its terri-
tory of any organization or group-and to prevent the
activity on its territory of any organization or group, or
of representatives or officials of any organization or
group-which has as an aim the overthrow or the prepara-
tion for the overthrow of, or the bringing about by force
of a change in, the political or social order of the whole
or any part of the United States, its territories or
possessions.
It will be the fixed policy of the Executive of the United
States within the limits of the powers conferred by the
Constitution and the laws of the United States to adhere
reciprocally to the engagements above expressed.
I am, my dear Mr. Litvinov,
Very sincerely yours,
nature, including baptismal, confirmation, communion,
marriage and burial rites, in the English language, or in
any other language which is customarily used in the
practice of the religious faith to which they belong, in
churches, houses, or other buildings appropriate for such
service, which they will be given the right and opportunity
to lease, erect or maintain in convenient situations.
We will expect that nationals of the United States will
have the right to collect from their co-religionists and to
receive from abroad voluntary offerings for religious pur-
poses; that they will be entitled without restriction to
impart religious instruction to their children, either singly
or in groups, or to have such instruction imparted by
persons whom they may employ for such purpose ; that
they will be given and protected in the right to bury their
dead according to their religious customs in suitable and
convenient places established for that purpose, and given
the right and opportunity to
maintain such burial grounds
tary laws and regulations.
lease, lay out, occupy and
subject to reasonable sani-
We will expect that religious groups or congregations
composed of nationals of the United States of America
in the territory of the Union of Soviet Socialist Republics
will be given the right to have their spiritual needs min-
istered to by clergymen, priests, rabbis or other ecclesiasti-
cal functionaries who are nationals of the United States
of America, and that such clergymen, priests, rabbis or
other ecclesiastical functionaries will be protected from
all disability or persecution and will not be denied entry
into the territory of the Soviet Union because of their
ecclesiastical status.
I am, my dear Mr. Litvinov,
Very sincerely yours,
MY DEAR MR. LITVINOV :
As I have told you in our recent conversations, it is
my expectation that after the establishment of normal
relations between our two countries many Americans will
wish to reside temporarily or permanently within the
territory of the Union of Soviet Socialist Republics, and
I am deeply concerned that they should enjoy in all re-
spects the same freedom of conscience and religious liberty
which they enjoy at home.
As you well know, the Government of the United States,
since the foundation of the Republic, has always striven
to protect its nationals, at home and abroad, in the free
exercise of liberty of conscience and religious worship,
and from all disability or persecution on account of their
religious faith or worship. And I need scarcely point out
that the rights enumerated below are those enjoyed in the
United States by all citizens and foreign nationals and
by American nationals in all the major countries of the
world.
The Government of the United States, therefore, will ex-
pect that nationals of the United States of America within
the territory of the Union of Soviet Socialist Republics
will be allowed to conduct without annoyance or molesta-
tion of any kind religious services and rites of a ceremonial
MY DEAR MR. PRESIDENT :
In reply to your letter of November 16, 1933, I have the
honor to inform you that the Government of the Union of
Soviet Socialist Republics as a fixed policy accords the
nationals of the United States within the territory of the
Union of Soviet Socialist Republics the following rights
referred to by you:
1. The right to "free exercise of liberty of conscience
and religious worship" and protection "from all disability
or persecution on account of their religious faith or wor-
ship".
This right is supported by the following laws and regula-
tions existing in the various republics of the Union:
"Every person may profess any religion or none. All
restrictions of rights connected with the profession of any
belief whatsoever, or with the non-profession of any
belief, are annulled." (Decree of Jan. 23, 1918, art. 3.)
"Within the confines of the Soviet Union it is pro-
hibited to issue any local laws or regulations restricting
or limiting freedom of conscience, or establishing privi-
leges or preferential rights of any kind based upon the
religious profession of any person." (Decree of Jan. 23,
1918, art. 2.)
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2. The right to "conduct without annoyance or molesta-
tion of any kind religious services and rites of a cere-
monial nature".
This right is supported by the following laws :
"A free performance of religious rites is guaranteed as
long as it does not interfere with public order and is not
accompanied by interference with the rights of citizens of
the Soviet Union. Local authorities possess the right in
such cases to adopt all necessary measures to preserve
public order and safety." (Decree of Jan. 23, 1918, art. 5.)
"Interference with the performance of religious rites,
in so far as they do not endanger public order and are
not accompanied by infringements on the rights of others
is punishable by compulsory labour for a period up to six
months." (Criminal Code, art. 127.)
3. "The right and opportunity to lease, erect or main-
tain in convenient situations" churches, houses or other
buildings appropriate for religious purposes.
This right is supported by the following laws and regula-
tions :
"Believers belonging to a religious society with the ob-
ject of making provision for their requirements in the
matter of religion may lease under contract, free of
charge, from the Sub-District or District Executive Com-
mittee or from the Town Soviet, special buildings for the
purpose of worship and objects intended exclusively for
the purposes of their cult." (Decree of April 8, 1929, art.
10.)
"Furthermore, believers who have formed a religious
society or a group of believers may use for religious meet-
ings other buildings which have been placed at their
disposal on lease by private persons or by local Soviets
and Executive Committees. All rules established for
houses of worship are applicable to these buildings. Con-
tracts for the use of such buildings shall be concluded by
individual believers who will be held responsible for their
execution. In addition, these buildings must comply with
the sanitary and technical building regulations." (Decree
of April 8, 1929, art. 10.)
"The place of worship and religious property shall be
handed over for the use of believers forming a religious
society under a contract concluded in the name of the
competent District Executive Committee or Town Soviet
by the competent administrative department or branch,
or directly by the Sub-District Executive Committee."
(Decree of April 8, 1929, art. 15.)
"The construction of new places of worship may take
place at the desire of religious societies provided that the
usual technical building regulations and the special regula-
tions laid down by the People's Commissariat for Internal
Affairs are observed." (Decree of April 8, 1929, art.- 45.)
4. "The right to collect from their co-religionists . . .
voluntary offerings for religious purposes."
This right is supported by the following law:
"Members of groups of believers and religious societies
may raise subscriptions among themselves and collect vol-
untary offerings, both In the place of worship itself and
outside It, but only amongst the members of the religious
association concerned and only for purposes connected
with the upkeep of the place of worship and the religious
property, for the engagement of ministers of religion and
for the expenses of their executive body. Any form of
forced contribution in aid of religious associations is pun-
ishable under the Criminal Code." (Decree of April 8,
1929, art. 54.)
5. Right to "impart religious instruction to their chil-
dren either singly or in groups or to have such instruction
imparted by persons whom they may employ for such
purpose."
This right is supported by the following law :
"The school is separated from the Church. Instruction
in religious doctrines is not permitted in any governmental
and common schools, nor in private teaching institutions
where general subjects are taught. Persons may give or
receive religious instruction in a private manner." (De-
cree of Jan. 23, 1918, art. 9.)
Furthermore, the Soviet Government is prepared .to In-
clude In a consular convention to be negotiated immedi-
ately following the establishment of relations between our
two countries provisions in which nationals of the United
States shall be granted rights with reference to freedom
of conscience and the free exercise of religion which shall
not be less favorable than those enjoyed in the Union of
Soviet Socialist Republics by nationals of the nation most
favored in this respect. In this connection, I have the
honor to call to your attention Article 9 of the Treaty
between Germany and the Union of Soviet Socialist Re-
publics, signed at Moscow October 12, 1925, which reads
as follows :
"Nationals of each of the Contracting Parties -... shall
be entitled to hold- religious services in churches, houses or
other buildings, rented, according to the laws of the coun-
try, in their national language or In any other language
which is customary in - their religion. They shall be en-
titled to bury their dead in accordance with their religious
practice in burial-grounds established and maintained by
them with the approval of the competent authorities, so
long as they comply with the police regulations of the
other Party in respect of buildings and public health."
Furthermore, I desire to state that the rights specified
in the above paragraphs will be granted to American
nationals Immediately upon the establishment of relations
between our two countries.
Finally, I have the honor to inform you that the Govern-
ment of the Union of Soviet Socialist Republics, while
reserving to itself the right of refusing visas to Americans
desiring to enter the Union of Soviet Socialist Republics
on personal grounds, does not intend to base such refusals
on the fact of such persons having an ecclesiastical status.
I am, my dear Mr. President,
Very sincerely yours,
MY DEAR Mn. PREsImaNT :
Following our conversations I have the honor to inform
you that the Soviet Government is prepared to include in
August 29, 1948 259
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a consular convention to be negotiated immediately fol-
lowing the establishment of relations between our two
countries provisions in which nationals of the United
States shall be granted rights with reference to legal
protection which shall not be less favorable than those
enjoyed in the Union of Soviet Socialist Republics by
nationals of the nation most favored in this respect. Fur-
thermore, I desire to state that such rights will be granted
to American nationals immediately upon the establish-
ment of relations between our two countries.
In this connection I have the honor to call to your
attention Article 11 and the Protocol to Article 11, of the
Agreement Concerning Conditions of Residence and
Business and Legal Protection in General concluded be-
tween Germany and the Union of Soviet Socialist Repub-
lics on October 12, 1925.
"AETICLE 11
"Each of the Contracting Parties undertakes to adopt
the necessary measures to inform the consul of the other
Party as soon as possible whenever a national of the
country which he represents is arrested in his district.
"The same procedure shall apply if a prisoner is trans-
ferred from one place of detention to another."
"Ad Article 11.
"1. The Consul shall be notified either by a communi-
cation from the person arrested or by the authorities
themselves direct. Such communications shall be made
within a period not exceeding seven times twenty-four
hours, and in large towns, including capitals of districts,
within a period not exceeding three times twenty-four
hours.
"2. In places of detention of all kinds, requests made by
consular representatives to visit nationals of their country
under arrest, or to have them visited by their representa-
tives, shall be granted without delay. The consular repre-
sentative shall not be entitled to require officials of the
courts or prisons to withdraw during his interview with
the person under arrest."
I am, my dear Mr. President,
Very sincerely yours,
MY DEAR Mn. LITvINov :
I thank you for your letter of November 16, 1933, in-
forming me that the Soviet Government is prepared to
grant to nationals of the United States rights with refer-
ence to legal protection not less favorable than those en-
joyed in the Union of Soviet Socialist Republics by
nationals of the nation most favored in this respect. I
have noted the provisions of the treaty and protocol con-
cluded between Germany and the Union of Soviet Socialist
Republics on October 12, 1925.
I am glad that nationals of the United States will enjoy
the protection afforded by these instruments immediately
upon the establishment of relations between our countries
and I am fully prepared to negotiate a consular convention
covering these subjects as soon as practicable. Let me
add that American diplomatic and consular officers in the
Soviet Union will be zealous in guarding the rights of
American nationals, particularly the right to a fair, public
and speedy trial and the right to be represented by counsel
of their choice. We shall expect that the nearest Ameri.-
can diplomatic or consular officer shall be notified im-
mediately of any arrest or detention of an American
national, and that he shall promptly be afforded the op-
portunity to communicate and converse with such
national.
I am, my dear Mr. Litvinov,
Very sincerely yours,
In reply to a question of the President in regard to
prosecutions for economic espionage, Mr. Litvinov gave
the following explanation :
"The widespread opinion that the dissemination of eco-
nomic information from the Union of Soviet Socialist Re-
publics is allowed only in so far as this information has
been published in newspapers or magazines, is errone-
ous. The right to obtain economic information is limited
in the Union of Soviet Socialist Republics, as in other
countries, only in the case of business and production
secrets and in the case of the employment of forbidden
methods (bribery, theft, fraud, etc.) to obtain such in-
formation. The category of business and production se-
crets naturally includes the official economic plans, in so
far as they have not been made public, but not individual
reports concerning the production conditions and the
general conditions of individual enterprises.
"The Union of Soviet Socialist Republics has also no
reason to complicate or hinder the critical examination
of its economic organization. It naturally follows from
this that every one has the right to talk about economic
matters or to receive information about such matters in
the Union, in so far as the information for which he has
asked or which has been imparted to him is not such as
may not, on the basis of special regulations issued by
responsible officials or by the appropriate state enter-
prises, be made known to outsiders. (This principle ap-
plies primarily to information concerning economic trends
and tendencies.)"
MY DEAR MR. PRESIDENT :
Following our conversations I have the honor to inform
you that the Government of the Union of Soviet Socialist
Republics agrees that, preparatory to a final settlement of
the claims and counter claims between the Governments of
the Union of Soviet Socialist Republics and the United
States of America and the claims of their nationals, the
Government of the Union of Soviet Socialist Republics will
not take any steps to enforce any decisions of courts or
initiate any new litigations for the amounts admitted to
be due or that may be found to be due it, as the successor
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*40f Nw
of prior Governments of Russia, or otherwise, from Amer-
ican nationals, including corporations, companies, partner-
ships, or associations, and also the claim against the
United States of the Russian Volunteer Fleet, now in
litigation in the United States Court of Claims, and will
not object to such amounts being assigned and does hereby
release and assign all such amounts to the Government
of the United States, the Government of the Union of
Soviet Socialist Republics to be duly notified in each case
of any amount realized by the Government of the United
States from such release and assignment.
The Government of the Union of Soviet Socialist Re-
publics further agrees, preparatory to the settlement re-
ferred to above not to make any claim with respect to :
(a) judgments rendered or that may be rendered by
American courts in so far as they relate to property,
or rights, or interests therein, in which the Union
of Soviet Socialist Republics or its nationals may
have had or may claim to have an interest ; or,
(b) acts done or settlements made by or with the Gov-
ernment of the United States, or public officials in
the United States, or its nationals, relating to prop-
erty, credits, or obligations of any Government of
Russia or nationals thereof.
I am, my dear Mr. President,
Very sincerely yours,
MY DEAR MR. Ltrvinov :
I am happy to acknowledge the receipt of your letter of
November 16, 1933, in which you state that :
"The Government of the Union of Soviet Socialist Re-
publics agrees that, preparatory to a final settlement of
the claims and counter claims between the Governments
of the Union of Soviet Socialist Republics and the United
States of America and the claims of their nationals, the
Government of the Union of Soviet Socialist Republics will
not take any steps to enforce any decisions of courts or
initiate any new litigations for the amounts admitted to
be due or that may be found to be due it, as the successor
of prior Governments of Russia, or otherwise, from
American nationals, including corporations, companies,
partnerships, or associations, and also the claim against
the United States of the Russian Volunteer Fleet, now
in litigation in the United States Court of Claims, and
will not object to such amounts being assigned and does
hereby release and assign all such amounts to the Govern-
ment of the United States, the Government of the Union of
Soviet Socialist Republics to be duly notified in each case
of any amount realized by the Government of the United
States from such release and assignment.
"The Government of the Union of Soviet Socialist Re-
publics further agrees, preparatory to the settlement re-
ferred to above, not to make any claim with respect to :
(a) judgments rendered or that may be rendered by
American courts in so far as they relate to property,
or rights, or interests therein, in which the Union
of Soviet Socialist Republics or its nationals may
have had or may claim to have an interest; or,
(b) acts done or settlements made by or with the Gov-
ernment of the United States, or public officials in
the United States, or its nationals, relating to prop-
erty, credits or obligations of any Government of
Russia or nationals thereof."
I am glad to have these undertakings by your Govern-
ment and I shall be pleased to notify your Government in
each case of any amount realized by the Government of
the United States from the release and assignment to it
of the amounts admitted to be due, or that may be found
to be due, the Government of the Union of Soviet Socialist
Republics, and of the amount that may be found to be
due on the claim of the Russian Volunteer Fleet.
I am, my dear Mr. Litvinov,
Very sincerely yours,
MY DEAR MR. PRESIDENT :
I have the honor to inform you that, following our con-
versations and following my examination of certain docu-
ments of the years 1918 to 1921 relating to the attitude of
the American Government toward the expedition into
Siberia, the operations there of foreign military forces
and the inviolability of the territory of the Union of Soviet
Socialist Republics, the Government of the Union of Soviet
Socialist Republics agrees that it will waive any and all
claims of whatsoever character arising out of activities of
military forces of the United States in Siberia, or assist-
ance? to military forces in Siberia subsequent to January 1,
1918, and that such claims shall be regarded as finally
settled and disposed of by this agreement.
I am, my dear Mr. President,
Very sincerely yours,
Letter From the Legal Adviser of the Department
of State to the Justice of the New York
Supreme Court
[Released to the press August 19]
August 18, 1948
MY DEAR MR. Jus'rICE : Pursuant to our conver-
sation this morning, I respectfully transmit to you
the position of the United States Government con-
cerning the status of Mrs. Oksana Stepanova.
Kosenkina, who is the subject of an application
for a writ of habeas corpus now pending before
your court.
It is the view of the United States Government
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that there is no basis under international law or
under any law of the United States for consider-
ing that Mrs. Kosenkina is in any manner subject
to the control or authority of the Soviet Govern-
ment so long as she remains in this country. The
Department of State . already has advised the
Soviet Embassy that Mrs. Kosenkina will not be
placed under control of any person against her
own will. The Department has also advised the
Soviet Embassy that although it recognizes the
right of the Soviet Government, through its offi-
cials abroad to extend all proper assistance and
protection to Soviet nationals, this right does not
include authority to take charge of Soviet citizens
in this country irrespective of their wishes.
Sincerely yours,
ERNEST A. GRoss,
The Legal Adviser
The Honorable SAMUEL DioKsTEIN,
Justice, Supreme Court,
New York, New York.
UNITED NATIONS DAY
October 24, 1948
To be observed by the United States and all other fifty-seven countries that are mem-
bers of the United Nations
The General Assembly of the United Nations on October 31, 1947, adopted a resolu-
tion naming October 24-the day the Charter of the United Nations came into effect-
as United Nations Day and invited all member governments to cooperate in observing
it. The resolution declares that the day "shall be devoted to making known to the
peoples of the world the aims and achievements of the United Nations and to gaining
their support for the work of the United Nations."
Secretary of State George C. Marshall has appointed a National Citizens' Committee
to promote the observance of United Nations Day in this country. That Committee is
asking the people of every state and every community in the country to organize pro-
grams for United Nations Day. The Committee is also working in close cooperation
with the United Nations, the Department of State, the UNESCO National Commission,
and the United States Mission to the United Nations. Their material and plans will
be available for communities through the state United Nations Day organizations. The
Committee urges every citizen to start now to work for his state and local Citizens'
Committee, church, and peace organizations, clubs, branch of the American Associa-
tion for the United Nations, and county agent to make the first United Nations Day a
day when all the people of the United States demonstrate their faith in a free, demo-
cratic brotherhood of nations.
Lists of United States Department of State publications dealing with the United
Nations may be obtained from the Division of Publications, Department of State,
Washington 25, D.C. Four such publications of immediate interest to United Nations
Day are: Guide to the United States and the United Nations; United Nations: Three
Years of Achievement; Foreign Affairs Outline No. 17, The United Nations in Action;
and Peace Takes Practice (a wall poster).
The Department of Public Information of the United Nations, in cooperation with
the information services of the specialized agencies, will make special services avail-
able in various languages to newspapers, radio stations, cinema theaters, and schools.
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