2. Subsequent letter to the Secretary of State giving formal notice of the establishment of the Russian Soviet Government Bureau with a list of personnel and the functions of various members of the staff. This letter is missing from Mr. Martens's files, but the original is in the hands of the State Department, and a copy thereof, we think, can be gotten from the State Department.

3. Covering letter to the Secretary of State transmitting a copy of a letter to Mr. Boris Bakhmeteff calling upon the latter to deliver to the representative of the Russian Socialist Federal Soviet Republic all property in his possession or control belonging to the Russian Republic. Covering letter is missing. Copy of letter to Boris Bakhmeteff is now submitted.

4. Letter to the Secretary of State protesting against an illegal raid upon the Russian Soviet Government Bureau by authorities of the State of New York. Copy of same is now submitted.

Senator MOSES. What is the date of that letter?

Mr. HARDWICK. Our file copy is undated. Mr. Martens tells me that the letter was sent on the 14th of June, but the copy is not dated.

5. Letter to the Secretary of State, November 15, 1919, offering to make arrangements for the repatriation of Russian citizens in America who desire to return to Russia, or whose presence in the United States is undesired by the American Government. Copy is now submitted.

Mr. Chairman, here are these copies, and with that explanation that is all we can find. As to the balance of them the committee can either get copies that were obtained by the Lusk committee or the originals from the State Department.

(Following are three of the communications called for by the subcommittee at the hearing on January 19, to be marked "Exhibits Ludwig C. A. K. Martens, No. 9" which are here printed in full in the record, as follows:)

EXHIBITS LUDWIG C. A. K. MARTENS, No. 9.

RUSSIAN SOCIALIST FEDERAL SOVIET REPUBLIC.

[Bureau of the Representative in the United States of America. Address: World's Tower Building, 110 West 40th St., New York.]

Mr. BORIS BAKHMETEFF,

At the Russian Embassy,

No.

19

Washington, D. C.

SIR: In behalf of the Russian Socialist Federal Soviet Republic and as the duly accredited representative of the said Government in the United States, I hereby command you to turn over to me immediately upon receipt hereof all property of the Russian Government in your possession or under your control, including the Embassy Building at Washington, D. C., with all furniture, household effects, and other personal property contained therein; all files, archives, correspondence, and other papers and documents of the Russian Embassy: all funds and sums of money in your hands or in dep sit in any bank or other institution acting under your direction or authority, whether such funds represent advances made to you directly by the Government of Russia or loans or other payments made to you in behalf of the Russian Government, or proceeds of any property of the Russian Government sold by you or by any of your subordinates under your direction; all property of the former Russian Railways Mission and Supplies Committee taken over by you or by your subordinates, agents, or representatives, and now in your custody or control or in the custody or control of any such subordinates or representatives; all other property of any other kind and description in your possession or under your control in your representative capacity of former Russian Ambassador in the United States.

This demand is based upon the claim that your post of Russian ambassador to the United States became vacant and your rights and title under the same were legally terminated with the overthrow of the Government under which you held your appointment and whom you represented in the United States, i. e., the Provisional Government of Russia, and upon the establishment of the Russian Socialist Federal Soviet Republic.

On behalf of the said Russian Socialist Federal Soviet Republic I claim that the said Government is the existing Government in Russia, de jure and de facto; that the Government whom you are alleged to represent in this country has absolutely gone out of existence on the 6th day of November, 1917; that there is at this time not even the barest pretense of its power or existence, and that your official position in the United States is that of an alleged agent without a principal.

The workers and peasants of Russia and their Government have learned with deep indignation and just wrath that you, together with an array of idle former officials, without any authority, and representing nobody but yourself and a small clique of former exploiters of Russia, are using funds and property belonging to the Russian people, or contracted for in its name, for purposes openly hostile to the Russian people. In behalf of my Government I emphatically command you not to dispose of its funds and property held by you without authority and for purposes openly hostile to the interests of the Russian Government and the Russian people, and hereby caution you that if you disregard this notice you will do so at your own peril. (Signed) L. A. MARTENS, Representative in the United States of the Russian Socialist Federal Soviet Republic.

In reply please refer to file No.

RUSSIAN SOCIALIST FEDERAL SOVIET REPUBLIC.

[Bureau of the representative in the United States of America. Diplomatic Department. No. D. 10/7. Address: World's Tower Building, 110 West 40th St., New York.]

SIR: On the 19th day of March, 1919, I had the honor to present to you my credentials from the Government of the Russian Socialist Federal Soviet Republic, appointing me its representative in the United States.

It is a matter of public knowledge, of which I presume the State Department has taken what may be described as "judicial notice," that the Soviet Government has nationalized the foreign trade of Russia. Henceforth all imports to Russia are to be made directly by the Soviet Government, for which purpose its representatives in foreign countries are charged with duties of a commercial nature which are not within the usual scope of purely diplomatic activities.

Awaiting acknowledgement of the receipt of my credentials by the State Department. I meanwhile proceeded to negotiate contracts with American manufacturers for the purchase of American goods for export to Russia, in anticipation of the removal of restrictions upon foreign trade with the cessation of the war. I am advised that under American law the making of such contracts, which are to be executed in time of peace, requires no official sanction by the United States Government, and that representatives of foreign buyers, whether they be individuals, private corporations, or Governments, are at liberty to enter into any contracts of such nature with American business concerns.

In order to acquaint the American public with the economic and political conditions of Soviet Russia and the opportunities for commercial intercourse between the United States and Russia, I have from time to time published information bulletins, and have lately established a weekly publication, "Soviet Russia." Inasmuch as the political adversaries of my Government are assiduously spreading misinformation concerning the same through the American press, I have deemed it my duty to use all legitimate channels of publicity in order to let the American public know the truth about Soviet Russia.

One of the duties of every government is to protect its citizens abroad. "For this purpose all nations have diplomatic and consular agents whose chief duty it is to be the defenders of the rights and interests of their countrymen. ("Modern International Law of Civilized Nations," by F. Martens, professor emeritus of the University of St. Petersburg, and member of the Institut de France, volume one,

Fifth Russian edition, p. 345.) Following the precedents established by the diplo matic and consular representatives of the former Russian Governments. I deemed it my duty to furnish legal aid to such Russian citizens as applied for this purpose

to me.

Quite unexpectedly on June 12 my office was raided by officers of the New York State constabulary and private individuals, acting under a search warrant issued by a New York City magistrate sitting in the traffic court. The circumstances of this raid were highly spectacular, intended to create public prejudice against me and my bureau. The search warrant was irregular in form, failing to specify the alleged offense, evidence of the commission whereof was sought to be obtained by the said warrant. Nor did the warrant specify the articles which were to be seized thereunder. The search was carried out under the direction of one Archibald E. Stevenson, who had formerly been connected with the War Departement, but was subsequently dismissed therefrom by order of the Secretary of War. At the time of the search, I am informed, the said Stevenson was a private citizen, unconnected with any governmental agency and vested with no authority. Yet the State constabulary, in obedience to his orders, deprived me and my entire staff of our liberty for a period of about two hours, preventing us by the display of force from leaving our premises or communicating with our counsel. Even strangers who came to my office on business were detained, including two expressmen who had carried in a bookcase. No order for my arrest, or for the arrest of any person or persons employed by me was ever issued by any authority.

I am advised that under the laws of the State of New York a search warrant does not imply the authority to detain the persons whose premises are to be searched. Although the warrant was broad enough to include any papers or books that might eventually be deemed to have any relation, direct or indirect, to the commission of any unnamed offense imaginable, yet the individuals who executed the warrant did not take the pains to examine the property they were about to seize, but they took with them a large quantity of articles which by no stretch of fancy could have been considered in any way related to the commission of any offense, to wit, publications of the United States Government; four volumes of Daily Trade Service, issued by the Standard Statistical Co. of New York, a number of statistical tables compiled from official publications of the United States Government and of the Government of the Czar of Russia; a filing cabinet and parts of another; a brief case; a traveling bag, a photograph of my infant children, as well as one of the wife and infant children of my secretary, and more than a thousand letters from a number of American business men, relating to the purchase of merchandise for shipment to Russia, which said letters were written on the letterheads of their respective firms. Finding a metal cash box in a desk drawer the individuals making the search broke open and damaged the box, in the absence of any person representing me, or without calling on anyone of my staff to open it or to provide a key.

The books and papers of my office were handled by the raiding party with such recklessness that after they were through with their work the premises resembled the scene of a pogrom. After having removed the articles seized by them they took possession of the suite of my offices and remained therein until the afternoon of the day following, without any order from any lawful authority permitting them to do so. I am advised that a search warrant under the laws of the State of New York vests persons executing same with no authority to trespass upon the premises of the person named in the warrant after the search has been completed.

It goes without saying that no evidence of an incriminating nature was found upon the search, and most of the articles seized by them were subsequently returned to me. The other articles which, I am informed, are in the possession of the joint legislative committee of the State of New York, contain not a single item that could in any way be connected with any unlawful activity.

Immediately after the raid I wired to the State Department protesting against these indignities committed by irresponsible individuals as a breach of the rules of hospitality which are of the essence of international law. Reiterating my protest against the insulting conduct of the officials of the New York State government toward me as an unfriendly act against the Government of the Russian Socialist Federal Soviet Republic I respectfully submit that my activity in the capacity of a representative of a foreign government, even though not officially recognized by the Government of the United States, is a matter within the cognizance of the State Department at Washington and not of the constabulary of the State of New York, which has no jurisdiction in matters pertaining to international relations. I am, sir,

Very respectfully, yours,

(Signed)

L. A. MARTENS, Representative of the Russian Socialist Federal Soviet Republic.

In reply please refer to file No.

RUSSIAN SOCIALIST FEDERAL SOVIET REPUBLIC.

[Bureau of the representative in the United States of America, diplomatic department. November 15, 1919. No. D. 10/8. Address: World's Tower Building, 110 West 40th St., New York.]

Hon. ROBERT LANSING,

Secretary of State, Washington, D. C.

SIR: In behalf of the Russian Socialist Federal Soviet Republic, I have the honor to call your attention to the following facts:

Many citizens of that Republic residing in the United States are at this time subjected to unwarranted persecution and cruel treatment by Federal and State officers, as well as by violent mobs acting without any authority. The Government of the Russian Socialist Federal Soviet Republic has accorded American citizens in Soviet Russia civil and considerate treatment even in cases where active hostility on the part of such American citizens toward the Government of Soviet Russia has been proven beyond all doubt. Only in some exceptional cases, where offenses of a particularly grave nature against the Russian Government had been committed by American citizens, were they prosecuted by officers of the law. American soldiers taken prisoners in the Archangel district, which was invaded by American troops without a declaration of war, have been treated in Soviet Russia with especial consideration and were unconditionally released as soon as it was practicable to send them home, so that there remain to-day no American prisoners of war in Russia. Property of American citizens who have complied with the laws of the country has not been interferred with, and wherever any complications have arisen in this respect the Government of Soviet Russia has been and is ready to adjust matters so as to safeguard the rights and the interests of American citizens.

This attitude has been maintained by the Soviet Government toward the United States and its citizens, resident and sojourning in Russia, notwithstanding the fact that Soviet Russia, against its will, finds itself in a state of war imposed from without, and in the midst of a revolutionary struggle which naturally makes the conditions in the country abnormally critical. Yet, contrary to the comity of nations, citizens of Soviet Russia in the United States have in effect been denied the protection of the law. The lot of thousands of Russians in the United States to-day is exceedingly unhappy, through no fault of their own. Through daily abuse in the press and the prejudice created by a virulent campaign of misrepresentation, their Russian citizenship has become a bar to employment and advancement. They are indiscriminately accused in the most sweeping terms by Government officials of criminal and subversive acts and intents against the Government of the United States, of which they are quite innocent. They have been arrested without warrant and subjected to oppressive treatment against which they have no adequate protection, as citizens of a country whose Government is not recognized by the Government of the United States. Within the past few days great numbers of Russian citizens in the city of New York and elsewhere have been arrested and have suffered the most brutal physical violence at the hands of public officials. Their homes, and the places where they associate, were invaded by public officers and arrests have been made on suspicion of alleged unlawful activities. No effort, however, had been made by the police first to ascertain the probable guilt of the Russian citizens who were to be arrested. So, for instance, in the city of New York alone, according to press reports, over 1,000 persons were recently arrested, among them many citizens of Soviet Russia, and although these arrests were made in a manner which caused much suffering and physical injury to these Russian citizens, and although property belonging to them was wantonly destroyed during those raids, it developed that very few of them could be held for further investigation and criminal prosecution.

In behalf of the Government of the Russian Socialist Federal Soviet Republic I deem it my duty to protest against such acts.

A number of affidavits bearing evidence to the fact that the lives and liberties of Russian citizens have been threatened without reasonable ground will be submitted to the State Department in a few days.

According to reports in the daily press, a number of citizens of the Russian Socialist Federal Soviet Republic are being held in custody by United States Immigration officers, and it is proposed to deport them to parts of Russia which are under control of enemies of the Soviet Republic. Having no means to ascertain the truth of such reports, I still deem it my duty to call your attention to the fact that such deportation Would mean certain death to those Russian citizens and would constitute a most flagrant breach of all principles of international law.

Moreover, it is quite unnecessary for the Government of the United States to take the trouble of deporting citizens of the Russian Socialist Federal Soviet Republic. My office has received thousands of applications from Russian citizens who desired to return to their homes. They had been driven by the political, economic, and religious oppression of the Czar's government to seek refuge in the United States which they believe to be a haven for the oppressed of all nations. They had hoped to make their homes here and to become useful members of the community.

Now, however, that they are daily insulted in the press or by public officials, too, with intimations that their presence is not wanted in this country, they are only too anxious to leave. But they are prevented from leaving America by the authorities of the United States, who have made it practically impossible for citizens of the Soviet Republic to receive the requisite papers without which they can not secure transportation.

I therefore suggest that the United States Government could be easily relieved of the presence of unwelcome Russian citizens, if these citizens of Russia whose lives are becoming unbearable in the United States were permitted to depart. I desire to assure you, sir, that the Government I have the honor to represent is ready and willing to provide means of transportation from the United States to Soviet Russia for every Russian citizens in this country who desires to return home, or whose presence in this country is undesirable to the Government of the United States.

Trusting that this suggestion will receive your favorable consideration, I am, sir, Respectfully yours,

(Signed) L. A. MARTENS, Representative in the United States of America of the Russian Socialist Federal Soviet Republic.

Senator MOSES. We will now resume Mr. Martens's testimony.

TESTIMONY OF MR. LUDWIG C. A. K. MARTENS-Resumed.

Senator Moses. Mr. Martens, are you familiar with the ordinary form of letter of credence which a diplomatic representative presents? Mr. MARTENS. No, sir.

Senator MOSES. Then you failed to observe that the letter of credence which you filed with the State Department and shown here in the photostatic copy is essentially different from the ordinary letter of credence. Had that been called to your attention?

Mr. MARTENS. I was not familiar, Mr. Chairman, with the procedure in connection with the presentation of credentials to foreign governments, but I thought if I sent my credentials to the State Department it would be sufficient.

Senator MOSES. Is the people's commissariat of foreign affairs in Petrograd or Moscow or whatever may be the seat of government--Mr. MARTENS (interposing). In Moscow.

Senator MOSES (continuing). In its personnel made up at all of former attachés of the ministry of foreign affairs?

Mr. MARTENS. Yes.

Senator MOSES. Is the bureau of protocol or the bureau of records made up of any former employees, do you know?

Mr. MARTENS. Some of them are in the diplomatic service. Senator MOSES. Do you know of any special reason why the usual form letter of credence was departed from in accrediting you here? Mr. MARTENS. I do not know for certain, but I know that Mr. Chicherin, the foreign minister of Russia, did wireless to the State Department about my appointment, and at the same time he sent his credentials to me.

Senator MOSES. Were other letters of credence issued for Russian representatives in other countries?

Mr. MARTENS. So far as I know, yes; to England.