822.628/54
The Chargé in Ecuador (Sparks) to
the Secretary of State
No. 590
Quito, November 7, 1936.
[Received
November 13.]
Sir: With reference to the Department’s
instruction No. 182 of October 23, 1936, directing that I acknowledge
the receipt of a note No. 134 of October 6, 1936, from the Ecuadorean
Foreign Office with respect to the operations of American fishing
vessels in the territorial waters and marginal seas of Ecuador, I have
the honor to transmit herewith for the information of the Department a
copy of my note No. 121 of October 31, 1936.
I have the honor further to report that at the regular diplomatic
reception on Thursday, November 5th, I availed myself of the opportunity
to express to the Foreign Minister the hope that his Government might
find it possible to accept the contention of the American Government in
the premises. He replied that he would look into the matter personally,
but that he was in doubt with regard to the practice followed by the
United States during prohibition when we exercised jurisdiction within
twelve miles rather than the usually accepted three-mile limit. I
explained that the United States has never asserted the right to
exercise jurisdiction beyond the three-mile limit and that in the case
in question we had sought, by the conclusion of conventions, the consent
of individual maritime states to board their vessels within the
distances specified therein solely for the purpose of ascertaining
whether or not the vessels were endeavoring to import intoxicating
liquors into the United States in violation of the laws there in force.
I considered it desirable to furnish the Minister a copy of one of these
conventions, and I enclose herewith a copy of my third person note55 transmitting the
convention concluded with Chile56 on this
subject.
Respectfully yours,
[Page 531]
[Enclosure 1]
The American Chargé (Sparks) to the Ecuadoran Minister for Foreign Affairs (Chiriboga)
No. 121
Quito, October 31, 1936.
Excellency: I have the honor to acknowledge
the receipt of note No. 134 of October 6, 1936, in which Your
Excellency informs me that certain vessels of American registry have
proceeded to the Galapagos Islands for the purpose of fishing
clandestinely in Ecuadorean territorial waters. Tour Excellency adds
that the Government of Ecuador is determined to take repressive
measures against such vessels and requests that my Government
caution the fishing companies of the necessity of avoiding
disagreeable situations which might arise should they fish in
Ecuadorean waters without complying with Ecuadorean regulations
governing such fishing.
Acting under instructions from my Government, I hasten to inform Your
Excellency that the United States Government has noted and would be
most happy to comply with this request of the Ecuadorean Government,
but before doing so desires to point out that it must insist on its
contention raised in the Legation’s note No. 16 of June 7, 1935,
that the United States Government “can not admit the right of the
Ecuardorean Government to apply its fishing regulations to American
vessels beyond the belt of three miles from low water mark” on
Ecuadorean territory. My Government is awaiting with considerable
interest the final reply of the Ecuadorean Government to the
above-mentioned note, and desires to express the hope that the
Ecuadorean Government will find it possible to accept the contention
of my Government, thus harmonizing Ecuadorean regulations respecting
the exercise of jurisdiction over territorial waters with the
practice followed by most foreign nations and generally recognized
under the rules of international law.
I am also instructed by my Government to inquire when I may expect a
reply to the points raised with respect to the specific case of the
American fishing vessel Seaboy, contained in
my note above mentioned and later referred to in the Legation’s note
No. 70, of May 22, 1936.
I avail myself [etc.]
[Enclosure 2]
The American Chargé
to the Ecuadoran Minister for Foreign Affairs (Chiriboga)
The Chargé d’Affaires ad interim of the United States of America
presents his compliments to His Excellency the Minister for Foreign
Affairs and, in referring to his conversation of yesterday relative
to the [Page 532] definition of
territorial seas, has the honor to enclose herewith an extract from
the Spanish text of the Convention concluded between the United
States of America and the Republic of Chile on May 27th, 1930,57 for the
prevention of smuggling of intoxicating liquors. This Convention is
along the lines of similar ones concluded with other maritime
nations for the same purpose. His Excellency will observe that the
Government of the United States of America does not assert the right
to exercise its jurisdiction over the waters beyond the three mile
limit. On the contrary, the express purpose of the Convention is to
obtain from the Republic of Chile its consent to the boarding of its
private vessels within the distance provided in Article II, with the
end in view of ascertaining whether the vessel or those on board are
endeavoring to import or have imported alcoholic beverages into the
United States in violation of the laws there in force.
Edward J. Sparks avails himself [etc.]
