196.6/1069

The Secretary of State to the Honorable Wallace H. White, Jr.

Sir: I have the honor to refer to the Department’s letter of April 28, 1928, relative to the difficulties which may attend the enactment into law of an amendment to the Seamen’s Act of March 4, 1915, passed by the Senate on April 24, 1928, and to enclose for your further consideration, a copy of a note of June 12, 1928, received from the Royal Danish Legation at this capital29 setting forth the opinion of the Danish Government that the extension of jurisdiction contemplated in the Bill would conflict not only with Danish laws but also with the generally accepted principles of international law and practice on this subject.

For your information it should be stated that Article 11 of the Consular Convention between the United States and Italy of 1878 to which the Italian Ambassador adverted and which was quoted in the Department’s letter of April 28, 1928, is no longer in force.

If the proposed amendment be adopted, it is not improbable that foreign Governments might regard it as contrary to international [Page 838] comity, thereby causing embarrassment to this Government in the conduct of its foreign relations. Moreover, as has already been pointed out by the Department, 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.]

Frank B. Kellogg
  1. Ante, p. 836.