File No. 861.0145/2.
The American Ambassador to the Secretary of State.
St. Petersburg, September 30, 1910.
Sir: I have the honor to transmit herewith a copy and translation of a law approved by the Emperor December 10/23, 1909, and promulgated [Page 1288] January 1/14 last, whereby the area of supervision by the Russian customs authorities is extended to twelve marine miles from low-water mark.
I learn from the British Embassy that shortly after the promulgation of this law, the British Government gave notice that with reference to this question it reserved the rights of its subjects as fixed by international usage. The Russian Government replied that, in the absence of treaty provisions to the contrary, the determination of the limits to which customs supervision could be extended was a question not of international usage but of domestic regulation; and it instanced similar enactments of other Powers, including the United States (presumably referring to section 2760 of the Revised Statutes, quoted in Moore’s Digest, I, 725, § 151); and it asked for a more precise statement of the rights which the British Government had declared its intention of reserving. The British Government thereupon expressed its unwillingness to acquiesce under any circumstances in a claim to jurisdiction over marginal seas beyond the generally recognized three-mile limit. To this expression of views the Russian Government has not yet replied.
I am informed from the same source that, notwithstanding some misleading comment published at the time, the recent seizure of the British steamer Onward (as to which a Russian official communiqué was transmitted in this Embassy’s No. 277 of July 20 last) did not involve the question raised by this law: the Onward was seized on the Chargé of fishing within Russian territorial waters; but she was voluntarily released by the Russian Government upon its appearing that when arrested she was, though perhaps within twelve miles of a line from headland to headland of the White Sea, at a distance of more than twelve miles from the shore. The case is therefore of no significance as indicating the intention of the Russian Government to insist upon the extension of its territorial control over the marginal seas, whether for customs purposes only, or for other jurisdictional purposes.
One of the Secretaries of the Japanese Embassy has recently made inquiry of this Embassy as to the attitude of the Department of State on this question. While careful not to make any specific statement, he gave the impression that his Government is endeavoring to learn the attitude of the other Powers with a view to remonstrating against the Russian claim if it finds that it may rely upon support in such a protest.
I am informed by the German Embassy that its Government has not made any remonstrance in this matter; whether it intends to do so I have not yet been able to learn.
I have therefore the honor to request that the Department instruct me what action, if any, it desires me to take in regard to this question.
I have [etc.]