853.863/4
The Portuguese Minister (Alte) to the Acting Secretary of State
[Received September 10.]
Sir: With reference to the subject matter of your note of the 5th instant, concerning the treatment of merchant vessels of one power in the territorial waters of the other, I have the honour to suggest that, as the Commercial Agreement between Portugal and the United States of America of June 28, 1910,28 grants to both countries the most favoured treatment in respect to their citizens, merchandise and ships, this Agreement may be construed as extending to Portuguese and American ships in territorial waters the treatment granted to those of other nations through the appropriate treaty provisions agreed upon with them.
This understanding would, I believe, perhaps facilitate the application to American ships in Portuguese territorial waters of the provisions of the Decree of July 23, 1913, the substance of which I had the honour to embody in my note of July 27, 1928.
I would, therefore, esteem it a favour if you would kindly let me know whether the Department of State agrees with this interpretation of the Commercial Agreement between the two countries, in order that I may enlighten on this point my Government in forwarding to them a copy of your note of the 5th instant.
I profit [etc.]
- By exchange of notes; Foreign Relations, 1910, pp. 828 ff.↩