File No. 861.0145/3.

The American Ambassador to the Secretary of State.

No. 452.]

Sir: Referring to my No. 363 of September 30 last, with which I transmitted the law of December 10/23, 1909, extending the area of supervision by the Russian Customs authorities to 12 miles from low-water mark, I have the honor to report further that the British Ambassador has recently discussed with the Minister for Foreign Affairs the unwillingness of his Government to acquiesce in the claim to jurisdiction over marginal waters beyond the three-mile limit: Mr. Sazonoff promised to consider the remonstrance of the British Government, but has not yet made any further communication on the subject. The Japanese Embassy also addressed to the Foreign Office, during the latter part of December, a note to the effect that the Japanese Government adheres to the accepted rule of international law fixing at three marine miles the limit of territorial jurisdiction over marginal waters.

The disposition of the Russian Government to establish a twelve-mile limit for other purposes than those of customs supervision is indicated by a project of law elaborated for presentation to the Duma by the Chief Administration of Land and Agriculture (or Minister of Agriculture): in the Government Messenger of December 24/January 6 appeared an announcement (of which a translation is inclosed1) that this project contemplates, among other things, prohibiting foreigners from carrying on fishery or other marine industries in the waters of the Government of Archangel, the prohibited area including all the White Sea to the line between Cape Kanin and Cape Sviatoi (Holy Cape) and all other marginal waters to a distance of twelve miles from shore. There is reason to suppose that this bill, if enacted, will incur the energetic protest of the British Government against the extension of territorial jurisdiction by the enlargement of the three-mile limit and by the closing of the White Sea.

I have [etc.]

W. W. Rockhill.
  1. Not printed.