711.5622/4–1750: Telegram

The Secretary of State to the Embassy in the Soviet Union 1

top secret
priority
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325. For the Ambassador. Fol reply to Sov note shld be delivered preferably late Tues2 afternoon Moscow time. Advise Dept promptly time of delivery which shld not wait on appointment with individual official.3 Dept contemplates release to press not later than noon Tues Wash time. (Begin verbatim text)

“The Ambassador of the US of Amer presents his compliments to the MinFonAff of the USSR and, with ref to the note of the Ministry of FonAff of Apr 11, 1950, has the honor to state that the only Amer mil aircraft which was in the air in the Baltic area on April 8, 1950, was a US Navy Privateer airplane which disappeared on that date and no trace of its crew has since been found.

The USN airplane carried ten persons. It was wholly unarmed. It left Wiesbaden at 10:31 a. m. Greenwich time for a flight over the Baltic Sea and two and one-half hours later reported by radio crossing the coast line of the Brit Zone of Germany. All Amer mil aircraft operate under strict instrs to avoid flying over any fon terr in the absence of express permission for such a flight from the appropriate fon govt. The investigation conducted by the USG has convinced it that the USN airplane in question complied strictly with these instrs and did not fly over any Sov or Soviet-occupied terr or terr waters adjacent thereto.4

In the ministry’s communication under ref the Sov Govt acknowledges that one of its fighter aircraft fired upon an Amer plane on [Page 1148] April 8, 1950 at 5:30 p. m. Moscow time. In view of the fact that the only Amer mil airplane which was in the air in the Baltic area on that date was the unarmed USN airplane mentioned above and that this airplane was at no time after it crossed the coast line of Germany over any fon terr or terr waters, it must be concluded that Sov mil aircraft fired upon an unarmed Amer plane over the open sea, fol which the Amer airplane was lost.

The Ambassador of the US has been instructed to protest in the most solemn manner against this violation of internatl law and of the most elementary rules of peaceful conduct between nations. The USG demands that the Sov Govt institute a prompt and thorough investigation of this matter in order that the facts set forth above may be confirmed to its satis. The USG further demands that the most strict and categorical instrs be issued to the Sov Air Force that there be no repetition, under whatever pretext, of incidents of this kind which are so clearly calculated to magnify the difficulties of maintaining peaceful and correct internatl relationships.

The USG confidently expects that, when its investigation is completed, the Sov Govt will express its regret for the unlawful and provocative behavior of its aviators, will see to it that those responsible for this action are promptly and severely punished and will, in accordance with established custom among peace-loving nations, pay appropriate indemnity for the unprovoked destruction of Amer lives and property.” (End verbatim quote)

Acheson
  1. This telegram was cleared with Secretary of Defense Louis Johnson.
  2. April 18.
  3. Ambassador Kirk reported in telegram 1166 from Moscow on April 18 that he had handed the note at 5 p. m. to Deputy Minister of Foreign Affairs Andrey Andreyevich Gromyko, who said that “it will be studied.” The Ambassador remarked that his government took a very serious view of this matter, to which Gromyko assented. (711.5622/4–1850)
  4. The Latvian Minister and Chargé d’Affaires Jules Feldmans favored the Department of State with a note of April 12 which he handed to Llewellyn E. Thompson, Jr., the Deputy Assistant Secretary of State for European Affairs, and in which he stressed that Latvia was not recognized as being “Soviet territory” according to the “elementary rules of international law.” He once again expressed his “solemn protest against this brutal and illegal occupation by the Soviet Union.” In any note which the United States would make in reply to the Soviet Union’s note of April 11, Mr. Feldmans was anxious that “care be taken not to state anything that would give the impression that the U.S. recognized de facto the occupation of Latvian territory by [the] USSR.” He was reassured by Mr. Thompson that “we would be very careful of what we said.” (711.5622/4–1250)