No. 225.
Mr. McLane
to Mr. Bayard.
Legation of
the United States,
Paris, November 5, 1886.
(Received November 17.)
No. 305.]
Sir: Referring to my dispatch No. 220, of May 20,
1886, and that on Mr. Vignaud, No. 225, of May 27, 1886, I have the honor to
call your attention to the fact that I have not received your approval of
the protocol
[Page 273]
therein inclosed,
with the necessary authority to communicate such approval to the conference,
which adjourned in May last to meet again on the 1st of December next.
I inclose herewith a copy and translation of a communication from M. de
Freycinet containing a list of the powers that have signified their approval
of the protocol and requesting me to be prepared on the 1st of December to
make known to the conference the views of my Government. This protocol, as I
advised you in my Ho. 220, was satisfactory to the two American companies,
but time so presses that I have to request you to communicate by telegraph
authority to approve it when the conference meets the 1st of December.
I call your special attention to so much of M. de Freycinet’s communication
as refers to the legislation necessary to give effect to the penal clauses
of the convention of the 14th of March, 1884, and I beg to be informed as to
the legislation of the United States in this connection. I am not myself
aware that Congress has passed any law to give effect to the convention.
I have, etc.,
[Inclosure in No.
305.—Translation.]
M. de Freycinet to
Mr. McLane.
Sir: As you know, the delegates of the
different powers having signed the convention of the 14th March, 1884,
for the protection of submarine cables, met at Paris the 12th of last
May and adjourned until the 1st of December, after having drawn up in a
protocol a draft of an interpreting memorandum, which they engaged
themselves to recommend for adoption to their respective
Governments.
The Government of the Republic instructed, during the month of June, its
representatives to communicate officially to the different contracting
states the text of this memorandum, and to make it known that it was
much interested in having this signed with as little delay as
possible.
Of the twenty-five contracting powers fifteen, the list of whom you will
find annexed, have already given their adhesion to the construing
memorandum.
I should be much pleased if the American Government would intimate if it
accepts it also, and would be kind enough at the same time to authorize
you to sign it. This formality should be fulfilled before the 1st
December. It is on this date, in fact, that the conference will
recommence its sessions in order to finish on the one hand the
examination of the laws of which article 12 of the convention of the
14th of March, 1884, prescribes the promulgation; and on the other hand,
to agree upon a decision in regard to the contracting parties who shall
not be able to show the adoption of the measures aimed at by this
article 12.
In regard to this matter, the fact must not be lost sight of that the
penal clauses of the convention of 14th of March, 1884, can not suffice
to insure to the prevention of the violations of the convention which it
foresees, the convention not specifying the penalty to be inflicted. It
is then necessary, in order that the convention may be carried out in
regard to this point, that the legislation of each contracting state
should each contain express provisions for repressing any violation of
articles 2, 5, and 6, and it is important that the Governments which had
not at the time of the last conference adopted such provisions should
communicate the text of them as soon as possible to the Government of
the Republic, to be transmitted to the delegates of the different
countries on the renewal of their deliberations; that is to say, on the
1st of December next.
I would be obliged if you would call the attention of your Government to
this point, which will be kind enough, I hope, to furnish you with
precise instructions, with the view of permitting the next conference to
pronounce itself on the situation of the states haying signed who might
not be able to put the convention into operation the 1st January,
1887.
Accept, etc.,
[Page 274]
List of the powers which have ratified the convention for the
protection of submarine cables and who have already accepted the
interpreting memorandum, the terms of which were agreed upon by
their delegates the 21st of May, 18S6: Belgium, Denmark, France,
Great Britain, Guatemala, Greece, Italy, the Netherlands, Portugal,
Roumania, Russia, Salvador, Servia, Sweden and Norway, Uruguay.
Protocol inclosed in Mr. Vignaud’s No. 225, May 27, 1886.
The undersigned, delegates of the Argentine Republic, Austria-Hungary,
Belgium, Brazil, Costa Rica, Denmark, the Dominican Republic, Spain; the
United States of America, France, Great Britain, Greece, Guatemala,
Italy, Japan, the Netherlands, Portugal, Roumania, Russia, Salvador,
Servia, Sweden and Norway, Turkey, and Uruguay, have met together at
Paris on the 12th of May, 1886, for the purpose of examining the
situation of the different states signers of the convention of the 14th
of March, 1884, for the protection of submarine cables, in respect to
the execution of Article 12 of the said convention.
As a result of the examination to which they have applied themselves in
concert, they have decided upon the draft of declaration which is
annexed to the present protocol and which they engage themselves to
recommend for adoption to their respective Governments.
Done at Paris
May 21,
1886.
- Argentine Confederation: José C.
Paz.
- Austria-Hungary: Goluchowski.
- Belgium: Leopold Orban.
- Brazil: Arinos.
- Costa Rica: Fernandez.
- Denmark: Moltkehoitfeldt.
- Dominican Republic: Emanuel de
Almeda.
- Spain: Je. Luis Albareda, Viconte
Coromnia, Zarto Thos Acana.
- United States: Robert M.
McLane.
- France: Granet, Clavery, Fribourg, L.
Renault, Chasseriau, T. Raynaud.
- Great Britain: M. Kenned, C. C.
Trevor, T. C. Lamb.
- Greece: N. Delyanni.
- Guatemala: C. Goguel.
- Italy: F. Salvatori, G.
Solano.
- Japan: F. Marshall.
- The Netherlands: A. de
Stuers.
- Portugal: Andrade Corvo,
Brissac.
- Roumania: V. Alecsandri.
- Russia: E. Alexeieff.
- Salvador: Pector.
- Servia; T. Marinovitch,
- Sweden and Norway: C.
Lewenhaupt.
- Turkey: Djémal.
- Uruguay: Juan J. Diaz.
draft of declaration.
The undersigned, plenipotentiaries of the Governments having signed the
convention of the 14th March, 1884, for the protection of submarine
cables, having recognized the propriety of determining precisely the
sense of the terms of Articles 2 and 4 of the said convention, have
decided with one accord upon the following declaration:
Certain doubts having arisen as to the meaning of the word “voluntarily,” inserted in Article 2 of the
convention of the 14th March, 1884, it is understood that the clause of
penal responsibility, mentioned in said article, does not apply to cases
of breakage or damages caused accidentally or necessarily while
repairing a cable when all precautions have been taken to avoid these
breakages or damages.
It is equally understood that Article 4 of the convention has had no
other object and should have no other effect than to charge the proper
tribunals of each country with settling in conformity with their laws
and according to the circumstances, the question of the civil
responsibility of the owner of a cable, who, in the laying or the
repairing of this cable, causes the breakage or damage of another cable,
as well as the consequences of this responsibility, if it is recognized
that such exists.
In witness whereof, etc.
