I continued my affiliation with the Russian revolutionary movement up to the revolution, which began with the abdication of the Czar, to the establishment of the provisional government on March 16, 1917. The provisional government proclaimed amnesty for all political offenders on March 19, 1917, and invited all Russian political refugees to return to Russia. I was in America at that time, representing the Demidoff Count San Donato Co. of Perm, one of the largest steel and mining concerns in Russia. Because of my technical German citizenship, I could not avail myself of the amnesty and invitation to return, since Russia and Germany were then at war. Desirous of facilitating my return to Russia, my relatives applied to the provisional government of Prince Lvov for naturalization papers for me. Such naturalization papers were granted in May or June, 1917, by special decree of the provisional government. This provisional government was officially recognized by the Government of the United States and its acts are therefore deemed valid by the Government of the United States. These naturalization papers were dispatched to me by registered letter. I was informed of this by letter from my sister, Mrs. Popoff, who resides in Petrograd. I did not receive the letter containing my naturalization papers. I assume that it was intercepted in the mails by the British or other censor. At that time many important letters and cables relating to my business transactions in this country, regarding the purchase of American materials for my company, etc., were being intercepted by the censor and never reached me. I entered the United States on January 2, 1916. The United States was then at peace with the world. I registered my technical status as a German subject with the port authorities, explaining to them at the same time that I was born and raised in Russia and that my German citizenship was only a technicality of German law. I have in my possession documents issued to me by the English Government exempting me and my family from internment or deportation as enemy aliens, in order that I might go about my business in England. It was by virtue of these documents that I was permitted freely to leave England, irrespective of my technical German citizenship. I submitted these documents to the American port authorities in explanation of my status, and I submit these documents to the committee and ask that they be incorporated in the record. Mr. HARDWICK. Mr. Chairman and Senators, I hand you the originals, together with photostats of the documents, showing that England did not subject Mr. Martens to internment, and, in addition, that they gave him permission to come to this country. (The three original papers furnished by counsel to the committee were examined by them and returned to counsel, retaining the photostat copies, which were, for the purpose of identification, marked by the reporter "Exhibits Ludwig C. A. K. Martens, No. 3, No. 4, and No. 5," respectively, and are here printed in full in the record, as follows:) EXHIBIT LUDWIG C. A. K. MARTENS No. 3. G. 2. [Any communication on the subject of this letter should be addressed to the under secretary of state, home office, London, S. W., and the following number quoted: 290595.] HOME OFFICE, Whitehall, September 23, 1915. EXEMPTION FROM DEPORTATION OR REPATRIATION. MADAM: I am directed by the secretary of state to say that he has had under consideration your application for exemption from deportation as an alien enemy, and after consulting the advisory committee has decided that you may remain in this country. This decision has not the effect of releasing you from any of the provisions of the aliens restriction orders applicable to your case, and is liable at any time to revocation. I am, Madam, your obedient servant, Mrs. NADINE MARTENS, 42 Swinderly Road, Wimbly, Middlesex. JOHN PEDDen. EXHIBIT, LUDWIG C. A. K. MARTENS, No. 4. [Any communication on the subject of this letter should be addressed to the Under Secretary of State, Home Office, London, S. W., and the following number quoted: P. W. 8218.] HOME OFFICE, SIR: In reply to your application for exemption from internment I am directed by the secretary of state to inform you that, on the report of the advisory committee, he has decided to exempt you from internment for the present. All such exemptions are liable to be canceled should it hereafter appear desirable in the public interest. I am, sir, your obedient servant, Mr. LUD. C. A. MARTENS. EXHIBIT, LUDWIG C. A. K. MARTENS, No. 5. M. L. WALKer. [Any communication on the subject of this letter should be addressed to the Under Secretary of State, Home Office, London, S. W., and the following number quoted: No. 15009.] ALIEN PERMIT. HOME OFFICE, Whitehall, November 29, 1915. DEAR SIR AND MADAM: The secretary of state has decided to grant you a permit to leave the United Kingdom by an approved port" (see list overleaf) for U. S. A. You should fill in and return the lower half of this letter to the Home Office at least four days before you wish to leave and a further letter will then be addressed to you giving permission, if possible, for the date you desire, or if not, for the nearest available date. Yours, faithfully, W. HALDANE PORTER, Mr. MARTENS. The general rules and regulations prescribed by the Attorney General of the United States for the registration of German enemy aliens were issued December 31, 1917, pursuant to the proclamation of the President of the United States, dated November 16, 1917. At that time I was already a Russian citizen by virtue of a decree of the Provisional Government of Prince Lvov, a government officially recognized by the Government of the United States, and I was therefore not subject to registration under those rules and regulation wwww This should suffice to clear up all misunderstanding about my citizenship. The fact that the present government of Russia has certified that I am a Russian citizen and has made me its official representative in the United States disposes of this question without doubt. In addition, there are the facts which I have just stated, that I was born and raised in Russia and was given legal Russian citizenship by a former Russian Government which was recognized by the Government of the United States. Mr. HARDWICK. Now, Mr. Chairman and Senators, Mr. Martens will be glad to answer any questions on this phase of the matter that the members of the committee may desire to propound. That covers the citizenship as we can disclose it to the committee. Senator MOSES. Mr. Martens, you say that you made application to the Government of Prince Lvov for registration as a Russian citizen? Mr. MARTENS. Yes, sir. Senator MOSES. You were then in New York? Mr. MARTENS. Yes, sir. Senator MOSES. How did you dispatch that application? Mr. MARTENS. Well, Mr. Chairman, the situation is that my relatives insisted on my returning. They had wanted to apply for amnesty to the Czar's government; but as I had views on the subject of my own I always refused to apply to the original Russian Government. The moment the revolution started in Russia my relatives applied to the provisional government of Russia. Senator MOSES. By your authority? Mr. MARTENS. Yes. Senator MOSES. How did you give them that authority? Mr. MARTENS. I was always in correspondence with my relatives. Senator MOSES. You wrote to them asking them to make this application? Mr. MARTENS. As a matter of fact, they started it themselves, and afterwards I, of course, agreed to it. Senator MOSES. You filed no formal paper? Mr. MARTENS. No formal papers; no. Senator MOSES. Is Russian citizenship acquired in that way, through an agent? Mr. MARTENS. Well, it was quite a peculiar time at the time of the revolution, March, 1917. Amnesty was proclaimed for every political refugee at that time, and as my affiliation with the revolutionary movement was very well known in Russia they considered it not necessary to have a special application from me. Senator MOSES. You did not have to deal with an application, but one not as well known as you would have had to make application, do I understand? Mr. MARTENS. Well, I had so many friends in the Russian Government at that time. Senator MOSES. In other words, what I want to find out is, whether favorable action on your application at that time was in the regular order conferring Russian citizenship, or whether there were exceptional circumstances in your case? Mr. MARTENS. There were exceptional circumstances in my case. Senator MOSES. Therefore, a person not as well known as you would not have been given citizenship without formal application? Mr. MARTENS. No, sir. Senator MOSES. You say a decree was made? Mr. MARTENS. Yes, sir. Senator MOSES. Are governmental decrees published in Russia? Mr. MARTENS. Well, I suppose they were published at that time but I have not seen this decree as published. Senator MOSES. At that time was citizenship being conferred upon. a great many people? Mr. MARTENS. I do not know, Mr. Chairman. Senator MOSES. Some kind of document, however, was issued to you? Mr. MARTENS. Yes, sir. Senator MOSES. And given into the possession of whom? Mr. MARTENS. Of relatives. Senator MOSES. And they dispatched it to you? Mr. MARTENS. Yes, sir. Senator MOSES. But you say you never received it? Mr. MARTENS. I never received it; no, sir. Senator BORAH. What particular relative of yours got it; do you know? Mr. MARTENS. My sister. Senator BORAH. Did she tell you she dispatched it to you? Mr. MARTENS. Yes, sir. Senator BORAH. That is did she write to you? Mr. MARTENS. Yes, sir. Senator BORAH. Have you her letter stating that she dispatched it ? Mr. MARTENS. Yes, sir. Mr. HARDWICK. Can you produce that letter? Mr. MARTENS. Yes; I can produce that letter. Mr. HARDWICK. Very likely we will have to have it translated, but we will be very glad to furnish it to the committee in corroboration of what Mr. Martens says. Senator MOSES. Did she send you a receipt for it that she got from. the postal authorities? Mr. MARTENS. No, sir: she just said she sent it by mail. Senator MOSES. Did she take a receipt for it from the postal authorities? Mr. MARTENS. Yes, sir: I think she must have. Senator MOSES. If that receipt exists it is in her possession in Russia? Mr. MARTENS. Yes, sir. (The letter which was to be furnished by the witness, and to be marked "Exhibit Ludwig C. A. K. Martens, No. 6" was subsequently reported as missing. See explanatory statement in hearing of Jan. 26, 1920, found on page 30.) Senator MOSES. Was any effort ever made to procure an authenticated copy of that decree? Mr. MARTENS. No, sir; it was impossible because in August, 1917, all communications with Russia were practically broken off, and it is already two and a half years that I did not receive any communications from Russia at all, from my relatives or anybody connected with me. Senator MOSES. You have had no communication with Russia for two and a half years, do I understand you to say? Mr. MARTENS. No, sir; the only communications I have had have been with my government. Senator MOSES. Oh; you meant you have had no private communications? Mr. MARTENS. No, sir. Senator MOSES. Do you mean by mail? Mr. MARTENS. By mail and cable. Senator MOSES. Have you ever made use of couriers? Mr. MARTENS. Yes, sir. Senator MOSES. Through them you received private communications? Mr. MARTENS. No; not private. The courier service is very difficult and I do not use it for my private purposes, only for my official communications. Senator MOSES. You have made no effort through them to get a copy of the decree giving you Russian citizenship? Mr. MARTENS. No; I did not. Senator MOSES. So that from August, 1917, to March, 1919, you had nothing to show your Russian citizenship? Mr. MARTENS. No. Senator MOSES. And since then you have possessed only these documents Mr. MARTENS (interposing). Which I received from the soviet government. Senator MOSES. You stated that because of your continued activities in the revolutionary movements there was a bar to your going back to Russia to seek citizenship for yourself? Mr. MARTENS. Yes, sir. Senator MOSES. Those activities covered the period from the time of your deportation from Russia up to when? Mr. MARTENS. I was connected with the revolutionary movement long before I was deported. I started my revolutionary affiliations in 1893. Senator MOSES. When you were 19 years of Mr. MARTENS. Yes, sir. Senator MOSES. You were then in college Mr. MARTENS. Yes, sir. age? Senator MOSES. And what was the nature of those activities while you were in Cermany? Mr. MARTENS. Revolutionary activities, do you mean? Senator MOSES. Yes. Mr. MARTENS. I was always connected with the Russians, but at that time no open political movement in Russia was possible because for the slightest thing we were imprisoned and sent to Siberia, and so on. So all our revolutionary activities had to be underground. Of course, all literature referring to revolutionary movements was printed mostly in Switzerland. We organized the transportation of literature to Russia of this kind and kept up our connections with Switzerland mainly. Senator MOSES. Did you encounter great difficulty in carrying on that movement? Mr. MARTENS. Oh, yes. |