811.114/204
The Secretary of State to the Secretary of the Treasury ( Mellon )
Sir: I have the honor to enclose for your consideration a copy of a memorandum of January 14, 1920, from the Italian Embassy,94 stating that it is in receipt of a telegraphic communication from the Italian Consul General at New York, from which it appears that the Collector of Customs at that port, acting under instructions from the Treasury Department, has had all the wine on board foreign steamers lying in that port put under seal; that the action of the Collector of Customs in preventing the crews of Italian steamers from getting their daily quantity of wine, to which, it is alleged, they are entitled under contract, has caused an agitation among them; and that while the members of the crew of the S. S. Pesora are on [Page 559] strike, others threaten to do the same; and requesting that if possible a way may be found by which the law may be so construed that the crews of Italian steamers in United States ports may be permitted their daily ration of wine. Pending a decision in the matter, the Embassy requests that if possible the instructions issued by the Treasury Department to the Collector of Customs at New York may be at least temporarily suspended.
In view of the practice (See Moore’s International Law Digest, Vol II, p 286, et seq.), observed by states generally, not to interfere, through their authorities, in the internal administration, order or discipline of foreign vessels in their ports, unless it becomes necessary to do so in a case involving, or threatening to involve, a breach of the peace of the port or the commission of a crime, the Department trusts that, if consistent with existing laws applicable to the matter, it will be possible to comply with the Italian Embassy’s request.
In this connection, I may state that the Department has received from the French Embassy a verbal complaint of a similar nature,95 concerning the action of the Collector of Customs at New York, in so far as it affects French vessels in that port. It is requested that any regulations adopted, or any steps taken in the matter, be made applicable to all foreign vessels in United States ports.
I shall be pleased to receive an early reply, indicating the action taken by the Treasury Department, in order that an answer may be promptly made to the Italian Embassy’s memorandum.
I have [etc.]
Second Assistant Secretary