860I.00/447
The Acting Consul General of Estonia in Charge of Legation (Kaiv) to the Secretary of State
[Received July 24.]
Sir: As stated in my Note verbale dated July 17th, 1940,91 Estonia has been invaded by the troops of the Union of Soviet Socialist Republics, and my country is at present under military occupation. Grossly violating the rules of International Law and existing treaties, the aggressor has been endeavoring, nevertheless, to camouflage its acts by the cover of apparent legality. But the fact of invasion persists, as persists the fact of occupation by armed forces.
In such a state it is impossible for the Estonian people to exercise its free will as regards the Government of the country, and it is evident at the same time that it has been made impossible for the Estonian institutions to function in accordance with the Constitution and Law for the benefit of the Estonian people.
Under pressure and threats by the aggressor’s authorities the newly-established puppet Government has had to act as dictated from Moscow.
The so-called elections of the Estonian Chamber of Deputies were conducted by this Government on the 14th and 15th instant.
As shows the latest information, no means were left to the Estonian people to express its will at these elections. It is anything else, but not elections in the sense of the Estonian Constitution. It has been a most cynical usurpation of the free will of the people.
[Page 401]According to the press news, this newly-elected Chamber of Deputies has voted for joining the U. S. S. R. as one of the Soviet Republics. As I had no official confirmation of these reports, I cabled yesterday to the Ministry of Foreign Affairs in Tallinn asking for information. Last night I received a cabled reply of which a translation is enclosed herewith.92
On this occasion I would point out that according to the Estonian Constitution Estonia is an independent and sovereign Republic wherein the supreme power of the State is held by the people (Art. 1). Consequently the union with any other country can be decided only in the way set for the amendment of the Constitution, as foreseen in Chapter XIV of the Constitution. That has not been the case.
Being appointed by the former constitutional Government as senior Representative in this country, I regard the above-mentioned elections as nul and void, as well as all acts passed by this unconstitutionally elected Chamber of Deputies, in particular the decision about the union with the U. S. S. R.
For the reasons stated above as well as in my Note verbale of the 17th instant, I have the honor to request through you, Mr. Secretary, the United States Government 1) to withhold recognition of the union of Estonia with the Union of Soviet Socialist Republics, and 2) to allow me to continue my duties in the United States as Acting Consul General in charge of Legation duly appointed by the constitutional Government of Estonia.
Accept [etc.]