The Secretary of State to the Chargé in Portugal (Carroll)

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 Portugal with respect to the enforcement of prohibition on Portuguese 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 [Page 187] Embassy at London dealing with the matter.44 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.45

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

Portugal in 1914 proclaimed a neutrality zone of six miles.

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

“See Naval War College Topics, op. cit. (1913) p. 24; Crocker, op. cit., p. 530. Her revenue laws have a similar extension. Under protest she set her fishery zone at three miles. See Fulton, op. cit., p. 667; Crocker, op. cit., p. 619; 102 B. & F. State Papers, op. cit. (1908–9) p. 788.” (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.