The Secretary of State to the Ambassador in Spain (Moore)

Sir: Referring to the Department’s telegram No. 26 dated June 9, 1923, 3 P.M., and subsequent communications, concerning the proposal for a treaty to be concluded between the United States and Spain with respect to the enforcement of prohibition on Spanish vessels within American territorial waters and measures for stopping liquor smuggling, the Department encloses for your information a copy of an instruction, dated August 25, 1923, addressed to the American Embassy at London dealing with the matter.34 Copies of the notes exchanged with the British Embassy concerning the Henry L. Marshall case referred to on page seven of the enclosed instruction are forwarded herewith for your information.35

You are instructed to forward complete information concerning the practice followed by the French and Spanish authorities under Article 8 of the Treaty of December 27, 1774, concluded between France and Spain, and referred to on page four of the enclosed instruction, whereby French and Spanish customs authorities are permitted to seize, up to a distance of two leagues from the coast, French and Spanish ships carrying forbidden goods.

You will observe that the extract from the Columbia Law Review quoted in the enclosed instruction contains the following statement regarding Spanish laws that deal with the extent of territorial jurisdiction claimed by Spain:

“Spain has sought to control fisheries within six miles, but actually enforces her laws only three miles out. Her laws against contraband [Page 182] trade and fraud apply to foreign ships, even when not destined for a Spanish port, two leagues out. Her neutral zone was set at six miles but was later changed to three.”

The foot-note cites the following authorities in support of this statement:

“See Fulton, op. cit., p. 667.

“56 Coleccion legislativa de España (1853) 194, art. 17, par. 10;35a see Crocker, op. cit., p. 624.

“See Crocker, op. cit., p. 530; Naval War College Topics, op. cit. (1913) p. 24.

“See J. A. Hall, op. cit., p. 130.”

[Here follows, mutatis mutandis, the same text as in instructions to the Chargé in France, September 10, 1923, beginning with “You will submit,” printed on pages 180181.]

I am [etc.]

Charles E. Hughes
  1. Ante, p. 172.
  2. Ante, pp. 163 and 165.
  3. See memorandum by the second secretary of the Embassy in Spain, p. 227.