711.599/3

The Secretary of State to the Minister in Denmark (Prince)

Sir: Referring to the Department’s circular telegram dated June 12, 1923, 3 P.M., forwarded from the American Embassy at Paris, [Page 186] and to subsequent communications concerning the proposal for a treaty to be concluded between the United States and Denmark with respect to the enforcement of prohibition on Danish 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.42 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.43

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

“Denmark in 1912 proclaimed a neutrality zone of four miles.”

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

“See Naval War College Topics, op. cit. (1913) p. 24. Denmark’s fishery zone extends four miles against Norway and Sweden and three miles against other nations. See Fulton, op. cit., p. 655; 21 Hertslet, op. cit. (1901) p. 355.” (Fulton, The Sovereignty of the Sea (1911).)

[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.