861.20211/4–646
Memorandum of Conversation, by the Under Secretary of State (Acheson)
| Participants: | Soviet Chargé d’Affaires, Mr. Nikolai V. Novikov; |
| Under Secretary, Mr. Acheson; | |
| Mr. Durbrow of EE. |
The Soviet Chargé called at his request. He said that he disturbed me on a Saturday afternoon only because of the serious character of the matter which he had to discuss. It related, he said, to the arrest of Lieutenant Redin. Under instructions from his Government, he was handing me an aide-mémoire which he wished to read. (At this point in the discussion, Mr. Durbrow joined us.) Mr. Novikov then read the attached aide-mémoire.77
He then stated that, in view of the friendly relations existing between our Governments, his Government was at a loss to understand why it was not informed of the alleged charges against Lieutenant Redin before his arrest. We drew his attention to the letter of November 16, 1933, addressed by Mr. Litvinov to President Roosevelt. Mr. Novikov had with him other letters of the same date which did not refer to the notice to be given by either Government to the Consul of the other Government upon the arrest of a citizen, and he was inclined to believe that no such agreement had been reached. Mr. Durbrow then produced a printed pamphlet containing the letters exchanged upon United States recognition of the Soviet Union. Mr. Novikov, after reading the document, was inclined to believe that the letter stated that a consular convention would be entered into with these provisions, rather than that the provisions were actually in effect. We pointed out to him the contrary statement contained in the letter of November 16.
Mr. Novikov then stated that we had up to this point been discussing the legal situation. He was concerned with the political situation arising from the relations of friendly governments. He stated that his Government believed that the charges against Lieutenant Redin were wholly unfounded in fact and that this action grew out of the agitation of persons unfriendly to the Soviet Government. Mr. Acheson stated to him that this was neither the fact nor of course would the Government of the United States lend itself to such action. It was explained to Mr. Novikov that under our legal system the Department of Justice was in charge of enforcing the criminal laws of the United States. It was for the determination of the Department of Justice whether or not an arrest should be made. The Department of [Page 738] State had no authority in this matter. Once the arrest was made, it was required under our laws that a preliminary hearing be held at which a judicial determination would be made as to whether the person arrested should be held for further proceedings or discharged. We understood that such a preliminary hearing would be held on Tuesday of the coming week. If that hearing resulted in the determination that the case warranted further judicial investigation, such investigation would proceed ultimately before a judge and jury. The Department of State had no authority whatever to direct the determination of the proceedings or the discharge of the person arrested.
Mr. Novikov said that such an answer to his aide-mémoire would be regarded as most unsatisfactory by his Government. Mr. Acheson stated that what he had said in the course of the conversation with Mr. Novikov should not be regarded as the formal answer to the aide-mémoire, which of course would be answered in writing. However, it was Mr. Acheson’s present belief that the answer required by our Jaws would be along the lines suggested. Mr. Novikov reiterated that such an answer would be unsatisfactory.
Mr. Durbrow stated that he would do his best on this afternoon and on Monday morning to ascertain from the Department of Justice the nature of the proceeding which he thought would be held on Tuesday and to inform Mr. Novikov thereof.
- The original Russian text is also filed under 861.20211/4–646.↩