811.114/1003
The Secretary of State to the Attorney General (Daugherty)
Sir: I have the honor to acknowledge the receipt of your Department’s letter of September 28, 1922, in which a willingness is expressed to furnish this Department with memoranda setting forth the facts in the cases of vessels which have been seized on charge of violating Section 2867 of the Revised Statutes of the United States.
I have received and read with interest the memorandum of your Department dated October 3, 1922,11 regarding vessels which have been seized and are under detention. The memorandum contains statements of facts regarding fourteen vessels which have been seized. Of the fourteen vessels seven appear to have been seized in the territorial waters of the United States. The following named vessels were apparently seized outside the three mile limit: Grace and Ruby, Henry L. Marshall, Marion Mosher, Buena, H. M. Gardner, Grace and Edna, Acadia.
You will recall that at a recent meeting of the Cabinet an understanding was reached that in the future vessels should not be seized outside the three mile limit unless their small boats or other appurtenances were engaged within the three mile limit in illegal activities.
The statements of facts relating to the seven vessels which were apparently seized outside the three mile limit do not indicate that any of them, except possibly the Grace and Ruby, could be regarded as falling within the class of vessels which, according to the understanding mentioned, are to be seized in the future.
I consider that observance of the international obligations of this Government requires that the vessels which were seized outside the [Page 577] three mile limit, and which are not shown to have conducted themselves in a manner bringing them within the class of vessels which, according to the understanding reached at the meeting of the Cabinet, were to be seized, should be released. I hope that prompt steps can be taken to that end.
I may observe that the question presented for consideration by the seizure on the high seas of vessels of foreign nationality is not one of municipal law, which is not deemed to be controlling with respect to international obligations, but one of international law and of the liability to which the United States Government would subject itself by seizures which would not be recognized as justified by international law in case the question came before an international tribunal.
I have [etc.]
- Not printed.↩