812.0145/25
The Ambassador in Mexico (Daniels) to
the Secretary of State
No. 3869
Mexico, August 25, 1936.
[Received August
31.]
Sir: I have the honor to acknowledge the
receipt of the Department’s instruction No. 1189 of August 19, 1936, and
to enclose herewith a copy of the note which I have addressed under even
date at the direction of the Department to the Foreign Office with
respect to the extension of the breadth of Mexican territorial
waters.
Respectfully yours,
[Enclosure]
The American Ambassador (Daniels) to the Mexican Minister for Foreign Affairs
(Hay)
Excellency: I have the honor, under
instructions from my Government and with reference to the Foreign
Office’s note No. 5470 of [Page 770]
July 8, 1936, regarding the extension of the territorial waters of
Mexico, to inform Your Excellency that so far as concerns the
bearing upon this matter of the provisions of Article V of the
treaty of February 2, 1848, between the United States and Mexico, my
Government reiterates the views expressed in my note No. 1635 of
June 3, 1936.
It is noted that the Foreign Office expresses the view that there
exists among the nations no fixed rule for determining the extent of
the territorial sea. However this may be (and my Government must not
be understood as admitting that there is no such rule) it seems to
be established that, generally speaking, the principal maritime
powers have adopted the three-mile limit.
I am instructed, therefore, by my Government to reiterate the
reservation made in my note No. 1438 of March 7, 1936, namely, that
the United States of America reserves all rights of whatever nature
so far as concerns any effects upon American commerce from
enforcement of the presidential decree of August 29, 1935, which
purports to amend existing law so as to extend the territorial
waters of Mexico in breadth from three to nine nautical miles. I
hope that Your Excellency will understand that in bringing this
matter to the Foreign Office’s attention my action is not taken with
a view to prolonging the argument with the Mexican Government but
merely to make it clear that the Government of the United States is
unable to accept the conclusions of the Mexican Government as set
forth in the latter’s note of July 8, 1936.
Please accept [etc.]
