196.6/1093

The Secretary of State to Senator Wesley L. Jones 5

Sir: I have the honor to refer to previous correspondence concerning the enactment into law of an amendment to the Seamen’s Act of March 4, 1915, which was passed by the Senate on April 24, 1928, and re-introduced in that body on April 22, 1929, as Senate Bill 314 and to enclose for your consideration, copies of two memoranda received from the Royal Netherland Legation and the German Embassy at this capital in which apprehension is voiced at the possibility of the enactment into law of the above-mentioned Bill. As you may be aware the diplomatic representatives at this capital of Great Britain, Italy and Denmark have already made representations to the Department relative to the concern of the Governments which they represent at this proposed legislation.

The amendment in effect appears to declare illegal contracts for the payment of advance wages concluded by aliens without the jurisdiction of the United States in connection with the employment of alien seamen on board alien vessels and declares that “the courts of the United States shall be open to seamen for suits for payment of wages, irrespective of whether the wages were earned upon a vessel of the United States or a foreign vessel, or within or without the United States or territory subject to the jurisdiction thereof …”.

If the proposed amendment be adopted, it is not improbable that foreign Governments might regard it as contrary to international comity, thereby causing embarrassment to this Government in the conduct of its foreign relations. Moreover, the enactment into law of the amendment in question may render the American Merchant Marine subject to retaliatory measures by foreign Governments which in their effect may far outweigh any advantages which might be secured by this legislation. For the reasons stated, the Department considers that the passage of the bill under discussion would be undesirable.

I have [etc.]

H. L. Stimson
  1. Chairman of the Senate Committee on Commerce.