711.419/16
The British Embassy to the Department of State
His Britannic Majesty’s Chargé d’Affaires has received a telegraphic communication from His Majesty’s Principal Secretary of State for Foreign Affairs pointing out that theoretically the international validity of the three-mile limit would be strengthened by the conclusion of a treaty making an exception for a special purpose. Practically however such a treaty would weaken the principle because it would form a precedent for the conclusion of further [Page 165] similar treaties until finally the principle would become a dead letter. For this reason Lord Curzon felt bound to state when questioned in Parliament that His Majesty’s Government could not accept the proposal of the Secretary of State of the United States.
In the opinion of Lord Curzon Mr. Hughes’ proposed treaty would not provide for any immediate remedy for the present difficulties, seeing that it could not be ratified until Congress meets, when an amendment to the Volstead Act could equally well be introduced if the United States Government so desired. Moreover, even if the twelve-mile limit were accepted, cases would inevitably occur liable to cause serious friction between two countries, owing to the difficulty of deciding with any certainty the position of a limit usually out of sight of land, at any rate on the Atlantic coast.
Lord Curzon adds that the Hovering Acts in the United Kingdom were entirely superseded by the Customs Consolidation Act, 1876, by which British municipal legislation is made to conform with international law.