Telegram from Alan Kirk to Secretary of State Dean Acheson

INGUMING IELEGKAM Department of State TELEGRAPH BRANCH 21-B-X SECRET Action Control: 1892 Rec'd: September 6, 1950 UNA FROM: Moscow 1:58 p.m. Info DECLASSIFIED TO: Secretary of State SS DEPT. of STATE GUIDOLINE 3-6-2 G NO: 623, September 6, 5 p.m. EUR Project NLT E.0.12356 FE USUN PRIORITY. By NLT He NARS, Date 6-2-43 DCR As recounted MYTEL 622, September 6 after Vishinsky read note I said to him that the information at my disposal indicates that the question to which you refer pertains to defensive action by United Nations Forces operating in the Korean area in accordance with resolutions of the United Nations Security Council and that it has, in fact, been brought to the attention of the Security Council for appropriate consideration. I am therefore not in a position to accept on behalf of the United States Government the communication of the Soviet Government on this subject. It would appear to be appropriate for any representations on this question to be presented to the United Nations Security Council. Vishinsky. We are in possession of data, as I read in the note, and as confirmed by Soviet Government that (approxi mately 40 characters garbled) a defensive action but was an attack by eleven American planes on a Soviet plane making, as I said, a training flight between Port Arthur and Haiyan- Dao Island. Since it was a training flight the plane had neither bombing nor torpedo devices which testifies to the fact that the crew did not have any hostile intentions. Furthermore, the resolution of the SC of June 25 because of the absence of two permanent members has no legitimate force. The question as to whether the matter is a subject for SC is special question and cannot be subject for our discussion. As to your statement that it is not possible accept on part of your government any communication this subject, this is contrary to generally recognized rules of diplomatic courtesy. There were occasions when notes which were not in our opinion within competence of Soviet Government were accepted by US in accordance with rules of courtesy. Again I ask you to accept note to facilitate course of settlement of this matter. Ambassador. Armed forces referred to are operating under command of UN under a commanding officer responsible to UN. Soviet Government has representative at UN and therefore has every opportunity to raise question there. This is not question between US and USSR and therefore I cannot accept the note. REPRODUCTION OF THIS Vishinsky This MESSAGE IS PROHIBITED GPO 16-62262-1 SECRET