361.1121/10–647
The American Ambassador in the Soviet Union ( Smith ) to the Minister for Foreign Affairs ( Molotov )1
Your Excellency: I have received Mr. Vyshinski’s letter dated September 3, 1947, written in reply to my letter of August 14, 1947 and my aide-mémoire of February 1, 19472 regarding John Peter and Laurraine Elizabeth Jadwalkis.
I have noted the last two paragraphs of his letter, which state that
“Inasmuch as the term of validity of the passport of Ionas and Laurina Iodvalkis expired in 1933, and was not renewed, these persons acquired Soviet citizenship in 1940, in accordance with Article 1 of the Ukaz of the Presidium of the Supreme Soviet of the U.S.S.R. of September 7, 1940,3 as minor children residing with their mother—a Lithuanian citizen.
“In view of the above-mentioned circumstances, and considering that the above-mentioned persons are not American citizens, the Soviet authorities cannot fulfill the Embassy’s request for furnishing the Embassy information which is of interest to it in regard to these persons.”
I observe that the acquisition of Soviet citizenship by these persons in 1940 is directly predicated, as Mr. Vyshinski expresses it in his letter, upon the circumstance that the validity of their American passport terminated in 1933, and that the passport was not renewed. I must point out that the expiration in 1933 of the term of validity of their passport is an event without significance in connection with the American citizenship of these persons. They were in 1940 and are today considered to be American citizens by my Government. It is therefore evident that the Ukaze of 1940 does not apply in their case and that the extension of Soviet citizenship to these American citizens was consequently based on an error.
I accordingly renew herewith my request for a report on the present circumstances of these American citizens, and the reasons for their imprisonment, if they are deprived of their liberty. Furthermore, I request that if these persons are incarcerated, arrangements be made promptly to permit an interview between them and an Embassy officer. If, however, they are at liberty within the Soviet Union, I [Page 743] should appreciate receiving information which will enable the Embassy to communicate with them.
With reference to the last paragraph of Mr. Vyshinski’s letter, I must again stress the obvious fact that only the competent officers and agencies of the American Government are qualified to make authoritative statements on questions of American citizenship.
Therefore, the statement mentioned in the last paragraph of the letter under reference, “considering that the above-mentioned persons are not American citizens” is, I am sure you will agree, a premise which cannot be considered as a basis for this discussion, since it is not in accord with fact.
In addition, I beg to draw attention again to the fact that the prolonged delay on the part of the Soviet authorities in dealing with the case of the American citizens John Peter Jadwalkis and his sister Laurraine Elizabeth, as well as the position taken in the various communications from the Soviet Government on this subject, would seem to be contrary to the obligations assumed by the Soviet Government in the agreements of November 16, 1933, to which I referred at length in my aide-mémoire of February 1, 1947.4
Accept [etc.]
- Copy enclosed in despatch 1696 from Moscow on October 6.↩
- Not printed; but see footnote 1, p. 719.↩
- Foreign Relations, 1940, vol. i, p. 438.↩
- A second and a third letter, neither printed, were sent at this
same time to Foreign Minister Molotov by Ambassador Smith. In the
former letter the Ambassador recalled his letters of August 5 to
Deputy Foreign Minister Vyshinsky concerning American citizens who
had been unable to obtain exit visas to leave the Soviet Union.
Since that time two persons had been allowed to depart, but the
Ambassador requested Molotov’s intervention in other instances in
which no action had been taken by Soviet authorities despite
prolonged delays. In the latter letter he again alluded to the cases
of 39 persons, claimants to American citizenship, who were detained
in the Soviet Union, which he had also called to Vyshinsky’s
attention on August 5. Now several more, similar cases upon
investigation were found to be in the same category. Ambassador
Smith again requested personal intervention by Molotov to expedite
replies with regard to these various individuals, and expressed his
hope that “these matters can be settled satisfactorily in the very
near future so that further misunderstanding will not arise
therefrom.”
Among the topics discussed in a conversation on November 10 between Oscar C. Holder, chief of the Consular Section of the Embassy, and Izmail Bedred-dinovich Konzhukov, the deputy chief of Consular Administration of the Ministry of Foreign Affairs, reported in a memorandum enclosed in despatch 1831 on November 13, not printed, were the questions of exit visas for 44 persons; entry visas for 5 persons; the general policy regarding exit and re-entry visas for Embassy personnel (2 persons specifically); and the whereabouts of Isaiah Oggins. (124.616/11–1347)
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