800.00B Rubens, Adolph A./55: Telegram

The Secretary of State to the Chargé in the Soviet Union ( Grummon )

65. Your 311, June 14, 1 p.m.

1.
Unless you perceive some reason for not so doing, you are instructed to request an appointment at once with Potemkin or with Molotov, if you feel that an interview with the Commissar would be more effective. During the interview you should hand to the official receiving you a note drafted along the following lines: [Page 910]

“Pursuant to instructions received from my Government, I have the honor to state that according to its understanding:

a.
The Moscow Municipal Court on June 9, 1939 ruled that Mrs. Rubens, an American citizen in prison in Moscow, be released on June 10, 1939 at the termination of her prison sentence.
b.
On June 9 the American Embassy requested the Commissariat of Foreign Affairs to inform it regarding the hour and place of Mrs. Rubens’ release so that one of its members might transact certain business affairs with her and render her such assistance as is customarily furnished by representatives of the Government of the United States to its citizens in such circumstances. Mrs. Rubens apparently is in possession of no valid passport or other documents testifying to her citizenship and these may be obtained only through this Embassy.
c.
Since June 9 this Embassy has repeatedly requested information from officers of the Commissariat regarding the whereabouts and welfare of Mrs. Rubens.
d.
Despite these requests not only has the Embassy thus far been unable to speak with Mrs. Rubens but it has also been unsuccessful in obtaining any information regarding her welfare and whereabouts from the Commissariat of Foreign Affairs, which, according to an understanding reached between the Commissariat and the Embassy is the established channel through which information regarding the welfare and whereabouts of American citizens in the Soviet Union may be obtained.
e.
For a period of more than 15 months no representative of my Government has been given an opportunity to interview Mrs. Rubens. She furthermore has not communicated with members of her family since her arrest in December, 1937.

In view of the foregoing I have been instructed by my Government to request that this Government be informed immediately of Mrs. Rubens’ welfare and whereabouts. It would also be appreciated if the appropriate Soviet officials would take such steps as may be necessary to enable members of the Embassy staff to get in touch with her without further delay.”

2.
You should orally describe the circumstances responsible for the presentation of the note and emphasize the fact that the evasive attitude thus far shown by the Soviet officials whose aid you have endeavored to enlist, has caused surprise to your Government which fails to understand the lack of cooperative spirit displayed.
3.
You may also point out in your discretion that in view of the Soviet system for registration and control of the movement of the foreigners the American Government is convinced that the Soviet Government may at any time, if it is willing to do so, furnish the information desired regarding Mrs. Rubens, and arrange for members of the American Embassy staff to see her.
Hull