Mr. Gresham to Mr.
Goschen.
Department of State,
Washington, October 22,
1894.
Sir: Referring to your note of the 15th
instant, stating that in the opinion of Her Majesty’s Government it will
be impossible to put into effect the new regulations for preventing
collisions at sea on the date originally suggested by Great Britain and
specified in the President’s proclamation, I have the honor to say that
besides the arguments adduced by the Acting Secretary of the Treasury in
his letter of the 10th instant, of which a copy is inclosed, this
Department, as at present advised, considers it impossible for this
Government to suspend the operation of the act of Congress of August 19,
1890, as amended by that of May 28, 1894. The President, by his
proclamation, having fixed the date on which it is to come into effect,
his power in the matter is exhausted. The date of March 1, 1895, fixed
in the proclamation, is as much a part of the act as if incorporated in
it, and any change therein being in the nature of new legislation can
only be made by the legislative branch of this Government.
In view of these facts and of the confusion which would inevitably result
from the regulations in question not being put in operation on the same
date by Great Britain and the United States, and considering furthermore
that the date fixed upon by the United States for putting them in
operation has also been adopted by the Government of France and may very
probably be, before long, adopted by other maritime powers, it is hoped
that Her Majesty’s Government will find it possible to adhere to its
first proposition and put the rules in question in operation on the same
date as the United States.
I have, etc.,
[Inclosure.]
Mr. Wike to Mr.
Gresham.
Treasury Department,
Office of the Secretary,
Washington, D. C., October 19, 1894.
Sir: I have the honor to acknowledge the
receipt of your letter of the 18th instant, transmitting copy of a
note of the 15th instant, from the British chargé d’affaires ad interim at this capital, stating that
owing to the fact that all the maritime nations have not as yet
given their adhesion to the new regulations for preventing
collisions at sea, it has been found impossible that they should be
put into effect on the date originally suggested by Her Majesty’s
Government and specified in the President’s proclamation of July
last.
Replying to your request for an expression of the views of this
Department in regard to the matter in question, I have the honor to
call your attention to the note from the British ambassador at this
Capital, dated April 25, 1894, transmitted to this Department with
your letter of April 30.
Upon the assurance that the regulations, modified in certain
particulars indicated in the ambassador’s inclosure of the
regulations as finally adopted by Great Britain, had received the
general approval of the several foreign maritime powers, Congress at
the late session amended the act of 1890, which embodied the
original propositions of [Page 272]
the Washington Marine Conference, to conform to the regulations as
finally adopted by Great Britain. The amendatory act was passed upon
the recommendation of this Department so that there should be ample
time for the promulgation of the rules by the United States before
the date for their enforcement, agreeably to this Government as
fixed by the British Government. It then appeared, and still appears
to this Department, that if the rules come into force, as proposed,
on the 1st of March, 1895, each foreign government will have ample
time to prepare and promulgate identic rules to come into force on
the same day.
This Department observes that an interval of from April 25 to July 13
elapsed between the date of the note of the British ambassador
suggesting March 1, 1895, as the date for the enforcement of the
proposed regulations, and the date of the President’s proclamation,
during which it received no notification that an alteration of the
date was desired by the British Government. A further interval, from
July 13 to September 28, elapsed before the distribution of the new
regulations was begun by this Department, during which it received
no notification that an alteration of the date was desired by the
British Government. The distribution of the new regulations among
the masters of vessels has now progressed so far that it does not
appear practicable to recall them.
This Department accordingly trusts that it may be possible for the
British Government to adhere to its proposition, communicated in the
note of the British ambassador, dated April 25, after careful
consideration, to enforce the regulations on and from the 1st of
March, 1895.
Respectfully, yours,
S. Wike,
Acting Secretary.