Foreign Relations of the United States Diplomatic Papers, 1937, The British Commonwealth, Europe, Near East and Africa, Volume II

711.6521/224: Telegram

The Secretary of State to the Ambassador in Italy (Phillips)

Washington, January 15, 1937—7 p.m.

5. Your No. 5, January 4, 6:00 p.m.

(1) You are authorized to eliminate the words “so far as they relate to official compensation” in paragraph 2 of article 3.

(2). The proviso recognizing the jurisdiction of local authorities in wage disputes seems necessary under the Seamen’s Act of 1915.⁵⁸ Provisions in conflict with that Act in the Consular Conventions of 1878 and 1881 were terminated by Agreement with Italy. See Foreign Relations of the United States for 1915 and 1917. That Act represents the settled policy of the United States with reference to jurisdiction in the United States. It is deemed unwise to attempt to change that act by treaty, and of course this Government can not ask for greater jurisdiction of its own consular officers over American ships or seamen in foreign ports.

(3). In respect of acts constituting crimes according to the law of a State of the Union, committed on board vessels when within the limits of such State, it has heretofore been the Department’s policy not to seek to interfere by treaty with State jurisdiction. It is deemed to be undesirable to change this policy.

Hull

58. 38 Stat. 1164.