No. 353.
Mr. Drummond to Mr. Evarts.
Sir: In accordance with instructions received from Earl Granville, I have the honor to inform you that the board of trade have pointed out to his lordship that the course proposed to be adopted by the United States Government, as mentioned in your note addressed to me on the 27th of June last, in respect to the new regulations for preventing collisions at sea, may and probably will lead to difficulties between United States ships and British ships after the date fixed for bringing the new rules into operation. At present, according to English law, if the case were brought into a British court, it would be decided according to the new rules. But if the order in council has to be altered, and the name of the United States as agreeing to the new rules is to be omitted, there will be no rules by which the case can be governed, as the old rules will be at an end. Similar inconveniences will probably arise in the United States.
I have therefore been instructed by Earl Granville to transmit the inclosed copy of the order in council* for the information of the Government of the United States, and to express a hope that they may be disposed to carry out the new rules until and unless the Government of [Page 525] the United States after Congress meets should think that the new rules require alteration. In that case, any points they may then raise can be carefully considered and submitted to the various powers. This course would avoid inconvenience and would not pledge the United States as to the future, since they could withdraw at any time.
In submitting the above to the favorable consideration of the United States Government, I have the honor to request that I may be favored with the views they may be pleased to take thereupon at as early an opportunity as possible.
I have, &c.,