No. 175.
General Schenck to Mr. Fish.
Legation of the
United States,
London, August 5, 1873.
(Received August 21.)
No. 464.]
Sir: In my No. 438 I referred to the information
given me by Lord Granville, that Her Majesty’s government were of opinion
that it would be necessary to have some special legislation before they
could conclude definitely any consular convention; and that such an act
could not be expected to be passed during the present session of
Parliament.
Some days afterward I suggested to his lordship that it would be more
satisfactory, as at least an indication of progress toward the
accomplishment of our desired understanding, and at the same time as an
explanation, if he would make some declaration on the subject from his place
in the House of Lords. This he readily assented to, and said it could be
done, and he would do it, by arranging to have some peer interrogate him on
the subject.
Two or three weeks more having gone by without any question or motion
relating to the matter, and finding yesterday that Parliament was on the eve
of prorogation, I called to remind Lord Granville of his promise. I found he
had not forgotten it. He showed me the printed notice of an interrogation on
the subject to be made by Lord Houghton. That interrogatory was put last
night by Lord Monson, (in behalf of Lord Houghton, who was absent,) and I
send you herewith a report of the proceedings, extracted from the Times of
this morning.
In his reply you will observe that Earl Granville refers to “a paper which
has been prepared embodying the whole question.” That “paper” has not yet
been furnished me, but his lordship told me in our conversation yesterday
that he might ere long have some communication to make to me covering, as he
hoped, the whole ground.
I have, &c.,
[Inclosure.—From the Times, Tuesday, August 5,
1873.]
maritime jurisdiction.
Lord Monson (on behalf of Lord Houghton) asked the secretary of state for
foreign affairs whether any steps had been taken toward concluding a
consular convention with the United States of America, and whether he
was prepared to include in such a convention the means of effectively
punishing acts of violence committed by the subjects of either nation on
the high seas. Earl Granville said the matter had occupied the attention
of the government for a very long time, and the difficulty in concluding
a convention had been the necessity of some preliminary legislation on
our part. Correspondence
[Page 402]
had
gone on with several countries, especially with the United States, for
twenty years. A memorandum, embodying the views of Her Majesty’s
government, led, some years ago, to a proposal by the United States for
a convention; but difficulties arose, principally respecting the
question of jurisdiction. The negotiation dropped, and had not been
formally renewed with the United States; but there had been some
informal communications between Sir Edward
Thornton and Mr. Fish, and between General Schenck and himself. They had
made some progress in the matter, and a paper had been prepared
embodying the whole question. The foreign office was in communication
with other departments of the government, and he had hopes that some
agreement would be arrived at during the recess which would form the
basis of legislation next session, though he could give no absolute
pledge. Of course, in any such scheme, acts of violence at sea would
form an important element. Progress had also been made in another way;
for by the eleventh section of the merchant shipping bill of this
session the government were empowered, by order in council, to extend to
those countries which desired it the provisions of the merchant shipping
acts with regard to the enlistment and discharge of seamen. He was not,
therefore, without hopes that some progress would be made in a question
of considerable importance both to foreign countries and to ourselves.
He might add that it was absolutely necessary that something should be
done, for an article in the treaty of commerce with France, concluded
last month, provided that this was one of the subjects which would form
part of a supplemental convention.
