711.659/3

The Secretary of State to the Ambassador in Italy (Child)

Sir: Referring to the Department’s circular telegram dated June 12, 1923, 3 P.M., forwarded from the American Embassy at Paris, and to subsequent communications concerning the proposal for a treaty to be concluded between the United States and Italy with respect to the enforcement of prohibition on Italian vessels within [Page 185] 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.40 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.41

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

“Italy requires customs manifests to be shown to her officers anywhere within ten kilometers (about six miles). The Court of Cassation in 1885 held that her territorial waters extend four or five miles. Her neutrality laws are enforced within a zone of six and her navigation laws within ten nautical miles.”

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

“See Territorial Waters, an Extract from the Fifteenth Annual Report of the Association for the Reform and Codification of the Law of Nations (1893) 84.

“See 14 Journal du Droit International Privé (1887) 241; Crocker, op. cit., p. 598.

“See Gazetta Officiate [sic], August 16, 1914, Act No. 282, Royal Decree, No. 79841a; J. A. Hall, op. cit., p. 130. It was formerly set at cannon range. See 58 B. & F. State Papers, op. cit., p. 307; Crocker, op. cit., p. 530.

“See Gazetta Officiate, 27 Juin 1912, No. 11; Crocker, op. cit., p. 603; Naval War College Topics, op. cit. (1913) p. 24.”

[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. Reference apparently incorrect; see despatch no. 794, Oct. 13, 1923, from the Chargé in Italy, p. 195.