615.44A28/2
The Minister in Honduras (Erwin) to the Secretary of State
[Received October 8.]
Sir: I have the honor to acknowledge the receipt of the Department’s Instruction No. 4 of September 24, 1937, File No. 615.44A28/1, relative to the alleged stopping and search of the British motor vessel Caoba by the SS Zambrano, the Honduran gunboat.
A member of the staff of the Legation has obtained the following information concerning this case from His Britannic Majesty’s Chargé d’Affaires in this capital:—The British motor vessel Gaoba sailed from the port of Puerto Cortés, Honduras, in the early morning hours of August 31, 1937, and was stopped by the Honduran gunboat SS Zambrano, which fired across its bows, about twelve miles from the coast of Honduras. A thorough search was made by Honduran officials on the assumption that either rebels and/or munitions were on board, but nothing irregular was discovered and the vessel was permitted to proceed.
The British Government has made formal representations to the Honduran Government relative to this stoppage of a British vessel on the high seas, reserving all rights and stating it had viewed with great surprise this unwarranted incident. The Honduran Government has orally indicated its regret and stated that a full investigation was being initiated.
In this connection, the Department’s attention is drawn to Article 153 of the new Honduran Constitution of 1936, which states in part:—
“Article 153.—To the State appertains the full dominion, inalienable and inprescriptible, over the waters of the territorial seas to a distance of twelve kilometers from the lowest tide mark …”2
It has been learned that at the time of the adoption of the Constitution of 1936 the British Government presented a Note to the Honduran Government indicating its non-acceptance of this designation of territorial waters of twelve kilometers (seven and one-half miles), as in contradiction to international usage in the conception of territorial waters as being approximately three miles from the lowest tide mark.
In the present case, there is no assumption that the Honduran Government was within its rights in stopping the Caoba within the twelve [Page 596] kilometer limit, as the Caoba was admittedly stopped about twelve miles from the shore.
However, should a similar case occur within Honduran territorial waters as defined in Article 153 of the Constitution of 1936, there would appear to be no basis of protest unless reservations had been or should be made relative to the Article in question.
The Legation would appreciate any comments which the Department might care to make with regard to its view of this definition of territorial waters.
Respectfully yours,
- Honduras, Constitución Político, y Leyes Constitutivas (Tegucigalpa, 1936), p. 27.↩