711.569/11: Telegram
The Minister in the Netherlands (Tobin) to the Secretary of State
[Received December 6—10:50 a.m.]
66. I quote literally a letter in English I have received from Van Karnebeek, the Minister for Foreign Affairs, in which the Minister expresses his desire to point out informally certain alterations that might be made in the draft convention for a 12-mile limit proposed by the United States:68a
“A slight modification in the beginning of article II seems to be desirable in order to make the disposition applicable to transport of stores or cargo from the Netherlands to a Dutch colonial port as for instance Curaçao. Therefore, article II might be read as follows:
‘In case the article or articles, the importation of which into the territories of one High Contracting Party, is or are for any purpose prohibited by its laws but which is or are listed as sea stores or as cargo destined for a port [Page 220] foreign to that High Contracting Party on board a private vessel of the other High Contracting Party destined for a port of the first High Contracting Party is or are brought [into] the territorial waters of that first High Contracting Party no penalty of forfeiture imposed by its laws shall be applicable thereto or shall attach in respect thereof and such transit shall be free, within the territorial waters and harbors of the first Contracting Party, on condition, however, etc.’
“It has further been pointed out to me, that it would be desirable to add the following words after the first sentence of article II, viz., ‘unlading for transshipment to parts outside that territory, provided local rules have been complied with, being allowed.’
“And last it seems necessary to make quite clear that, as the wording of the convention would apply to all sorts of forbidden articles, the local authorities have the right to prescribe for instance certain measures as to explosives on board the vessels when being in a harbor. Therefore, a sentence might be usefully added ‘the arrangements of this paragraph leaves intact the right of either party to order, within her territory or territorial waters, such measures concerning weapons, munitions, explosives, etc., on board, the putting in temporary safe keeping outside, the vessel included, as long as seems necessary.’
“I shall be glad to learn from you what reception your country’s proposition has found in England and what probably will be the final wording of the convention to be concluded between your country and Great Britain.
“As I had the pleasure of telling you at our last meeting, that knowledge will be necessary to me, in order to be able to arrive at a definite decision. When I will have received your answer on this I hope to be in a position to write you officially about the above-mentioned alterations. Then also we will have to examine the form of the convention and we will have to consider for what term it is to be concluded.”
The Minister repeated to me in a personal interview his assurance that the convention was in substance entirely agreeable to the Queen’s Government, and I am very sure that only motives of policy are holding up the formal acceptance of the convention proposed.
The Minister would like to have the approval of the Government of the United States to a semi-official publication of the opening of negotiations to establish this maritime convention between the two countries. He has suggested the following: “Negotiations are in progress between the two countries with a view to settling the question of the transportation of alcohol on Dutch vessels in American territorial waters.” The Minister requests the consent of the Government of the United States to the publication of this statement at the earliest date possible, and suggests December 8. He believes that it would be a wise move to make an inspired announcement in the press in order to anticipate any unauthorized announcement. Please cable reply.
- Quotation not paraphrased.↩