611.00244/110

The British Ambassador (Lindsay) to the Secretary of State

My Dear Mr. Secretary of State: Consequent upon a preliminary examination by the competent authorities in London of the Anti-Smuggling Bill (H. R. 7980) which has passed the House and is now before the Senate, I have been instructed by His Majesty’s Principal Secretary of State for Foreign Affairs to make the following communication.

As is well known it is the view of His Majesty’s Government in the [Page 5] United Kingdom that under international law a country has no right to interfere with foreign ships outside of the limits of territorial waters except in so far as such a right is granted by treaty with regard to the ships of a particular foreign country. The United States Government will be aware that His Majesty’s Government do not admit that under international law a state has the right to fix by municipal legislation an extended limit (whether it be the twelve mile limit provided for by this and previous United States legislation or the customs enforcement area mentioned in the present Bill), within which it shall exercise jurisdiction over foreign vessels for the protection of its customs and revenue law. Consequently His Majesty’s Government would be obliged to protest against any interference with British ships outside the three mile limit except in those cases where interference could be justified under the provisions of the Liquor Convention.7

In connection with Sections 1 to 3 and in connection also with the second sub-paragraph (m) of Section 201 of the present Bill, His Majesty’s Government in the United Kingdom wish to emphasize that the foregoing considerations apply in respect of a vessel of British registry, whatever her substantial ownership and control.

I have also been instructed to ascertain the meaning of the terms “summarily” in Section 5 and “districts” in Section 6 of the Bill and should be grateful for information on these points.

Lastly I desire to explain that His Majesty’s Government may have further observations to make after they shall have concluded a detailed examination of the remaining provisions of the Bill.

Believe me [etc.]

R. C. Lindsay
  1. Convention between the United States and Great Britain for the prevention of liquor smuggling, signed January 23, 1924, Foreign Relations, 1924, vol. i, p. 158.