No. 284.
Mr. Fish
to Sir Edward Thornton.
Washington, March 1, 1875.
Sir: I have the honor to acknowledge the receipt of your note of the 22d ultimo, in which, in compliance with an instruction of the Earl of [Page 654] Derby, you inform me that Her Majesty’s government has had under its serious consideration the subject of the prevention of the use of unseaworthy ships; that the merchant shipping acts of 1871 and 1873 were passed with the view to carry into effect the decision come to in the matter; that there is, however, a constant and increasing danger that any law to prevent the use of this class of vessels in the United Kingdom will be evaded as long as such ships can easily be transferred to a foreign flag; that Her Majesty’s government has therefore determined to appeal to the maritime powers to assist it in a matter which is of the greatest importance; and that you are instructed to communicate with this Government and to propose that the consular officers of the United States in Great Britain should be instructed to communicate with the board of trade whenever a British vessel is about to be transferred to the flag of their country, in order that a survey of such vessel may be made by the government surveyor, any special expenses thereby incurred being defrayed by the ship.
The statutes of the United States have not given the privilege of carrying the American flag to any ships except those duly registered or enrolled. It is understood that foreign-built vessels (except under circumstances rarely occurring) are not entitled to registry or enrollment, and the consuls of the United States in Great Britain, as well as elsewhere, are already instructed that no register, enrollment, license, or any other marine document prescribed by the laws of the United States, can be lawfully issued by a consular officer to vessels which are sold and purchased at a foreign port, whether such vessels are American or foreign built.
While this Government appreciates the importance of the prevention of the use of unseaworthy ships, the necessity of instructions such as are requested is not apparent.
Should there, however, be reasons not now presenting themselves for further instructions, the subject will be considered with interest. But in this case it might require some reciprocal engagements which, perhaps, could best be considered in connection with negotiations for a consular treaty.
I have, &c.,