File No. 800.858/3.
The British Ambassador to the Secretary of State.
Washington, March 23, 1914.
Sir: I have the honour to inform you that I have received a despatch from His Majesty’s Secretary of State for Foreign Affairs stating that a considerable number of cases have occurred in recent years in which difficulties have arisen with foreign States in consequence of the assertion by British authorities of their right to exercise criminal jurisdiction on board foreign vessels (including mail steamers) lying in British territorial waters, or over persons on board such ships. The view adopted by His Majesty’s Government has been that British jurisdiction in such cases is complete, but that has in several cases been disputed by the foreign Governments concerned.
An interdepartmental committee has now been appointed to consider the state of the law as regards criminal and civil jurisdiction over foreign vessels and persons on board the same in British ports and territorial waters; and to advise how far it would be possible or desirable to arrive at an arrangement with foreign countries which would obviate disputes of the nature referred to, and to what extent legislation would be necessary in the United Kingdom in order to render such an arrangement feasible.
The Committee have decided to postpone their discussions until information has been furnished as to the law and practice of the principal maritime countries of Europe and of the United States of America.
I am accordingly instructed to furnish my Government with a full report on both the law and practice of the United States in regard to the exercise of criminal and civil jurisdiction (a) by the United States over foreign ships and persons on board them in United States waters, and (b) in foreign territorial waters over members of the crew by the master of a private ship, sailing under the United States flag, or by any other person acting under the authority of the United States.
[Page 308]I have the honour to invoke your kind assistance and to enquire whether I may be favoured with the information necessary to enable me to report on the lines desired by my Government.
I have [etc.]