The Secretary of State to the Minister in Norway (Swenson)

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 Norway with respect to the enforcement of prohibition on Norwegian 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.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

[Page 188]

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

“Norway and Sweden have always claimed four miles.”

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

“See full discussion in Fulton, op. cit., pp. 669–680; Territorial Waters, op. cit., pp. 16 et seq.; Naval War College Topics, op. cit. (1918) p. 153. During the war Norway succumbed to British pressure and contracted her neutrality zone to three miles. Naval War College Topics, op. cit. (1918) p. 118.” (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.