811.114 Median/3

The Acting Secretary of State to the British Ambassador (Howard)

Excellency: I have the honor to refer to your note No. 728, dated December 28, 1927, concerning the detention and search of British steamers in Delaware Bay and the Delaware River, by the United States Coast Guard, and to inform you of the receipt of a letter dated January 25, 1928, from the appropriate authority of this Government67 in which it is stated that the above matters have been the subject of a careful investigation.

As a result of the inquiry, the conclusion was reached that the boarding and examination of vessels subject to such customs formalities have been performed impartially. The discrimination alleged by the British steamships Median, Manchester Corporation, and London Mariner, are, therefore, stated to be without foundation in fact.

With regard to the complaint of the master of the Median, it is stated that while the conditions of sea and weather frequently make the task of the boarding of larger craft by the 75-foot Coast Guard patrol boats in the Delaware River a difficult one, and the officers in [Page 994] charge of the patrol boats in such circumstances use their best judgment and discretion as to the procedure to be followed in carrying out, in the safest and most practicable manner, the lawful duties with which they are charged, yet the element of risk in such cases is preponderantly on the side of the smaller patrol boat which is performing the boarding duty.

Regarding the representation of the master of the Manchester Corporation that his vessel was detained two days, it is stated that the investigation disclosed that the detention was really a matter of fifteen hours in all, and this delay was occasioned by unavoidable circumstances over which the patrol boat had no control. Furthermore, the officer in charge of the CG-103 denies that he used improper language or threatened to fire into the vessel. The investigation further revealed that the procedure prescribed by law for the handling of manifests was followed in this case, the copies of the manifests being certified and forwarded by mail to the Collector of Customs of the port for which the vessel is bound.

It is unfortunate that it should be necessary to board vessels bound for Philadelphia, but the report which has been received states that this necessity has become particularly accentuated due to the past practice of British and other vessels’ discharging quantities of liquor into small boats after entering Delaware Bay and during the voyage up the river. While energetic measures are being taken to break up this unlawful practice, it is stated that the boarding officers are particularly careful to see that their duty is performed in a reasonable and lawful manner and that no action is taken which might in any way unnecessarily delay or inconvenience legitimate shipping, and that the officers of the Coast Guard and Customs Service are solicitous that the boarding be performed in a way that is mutually satisfactory to the Government and to the shipping interests.

The report states, furthermore, that this matter was recently the subject of a conference between Government officials and the Philadelphia managers of Furness-Withy and Company and the International Mercantile Marine, at which time unanimous expressions of satisfaction were voiced upon the present methods of boarding.

Accept [etc.]

Robert E. Olds
  1. Not printed.↩