711.559/3
The Secretary of State to the Ambassador in Belgium (Fletcher)
Sir: Referring to the Department’s circular telegram dated June 12, 1923, 3 P.M., forwarded from the American Embassy at Paris, concerning the proposal for a treaty to be concluded between the United States and Belgium with respect to the enforcement of prohibition on Belgian 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.36 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.37
You will observe that the extract from the Columbia Law Review quoted in the enclosed instruction contains the following statement regarding Belgian laws that deal with the extent of territorial jurisdiction claimed by Belgium:
“Belgium has a customs zone of six miles and a fisheries zone of three geographic miles.”
The foot-note cites the following authorities in support of this statement: [Page 183]
“Codes des Contributions directes douanes et accises de la Belgique en vigueur [au] 1er Aout (1852) p. 621, in Crocker, op. cit., p. 511.
“See 19 Hertslet, op. cit. (1895) p. 115; Crocker, op. cit., p. 512.”
[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 180–181.]
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