580.7A3/464

The Secretary of State to the American Delegation1

Sirs: The International Conference on Safety of Life at Sea, to be held at London beginning April 16, 1929, to which you have been appointed as delegates on the part of the United States of America by the President, by Commissions issued on February 16, 1929, and already delivered to you, has as its purpose the revision of the Convention of 1914 on Safety of Life at Sea.

The Convention of 19142 was drawn up at a Conference held at London, November, 1913, to January, 1914, and was signed on January 20, 1914, by representatives of Germany, Austria, Belgium, Denmark, Spain, the United States of America, France, Great Britain, Italy, Holland, Norway, Russia, and Sweden. Japan was represented at the Conference of 1913–1914, but the delegation was appointed at a late date and was not authorized by the Japanese Government to vote in the Conference or committees or to sign the Convention.

The main provisions of the Convention of 1914 relate to the safety of navigation by the destruction of derelicts, the study and observation of ice conditions, the maintenance of the ice patrol in the North Atlantic Ocean, to the construction of vessels, to radio telegraphy, life-saving appliances and fire protection on vessels, and to safety certificates. The Convention was ratified by some of the signatory States but not by all of them. It was not ratified by the United States. Owing to the war and other causes, the Convention was not brought into force completely as a Convention in any country, though parts of it have been adopted and put into force by several countries under their national law. The regulations in Section 14 of the Act of the Congress of the United States, approved March 4, 1915 (38 Stat. 1164, 1170–1184), known as the La Follette Seamen’s Act, follow almost verbatim Articles XXVII to LI of the regulations annexed to the Convention of 1914, which have to do with “life-saving appliances and fire protection.”

Notwithstanding the failure of the Government of the United States to ratify the Convention of 1914, this Government undertook the direction of the services of derelict destruction, study and observation [Page 369] of ice conditions, and the international ice patrol in the North Atlantic, as it was invited to do by Article 7 of the Convention. Pursuant to an Executive Order these services are performed by the vessels of the United States Coast Guard, Treasury Department, under the direction of the Interdepartmental Board on International Ice Observation, Ice Patrol, and Ocean Derelict Destruction. Foreign nations contribute pro rata shares for the maintenance of the services.

The proposal for a Conference to revise and amend the Convention of 1914 for the Safety of Life at Sea was made by the British Government in the autumn of 1927. By a note under date of September 30, of that year, the British Ambassador at Washington transmitted to the Secretary of State a memorandum3 of suggestions for the revision of the Convention of 1914, prepared by the British Board of Trade, inquired whether in the opinion of the Government of the United States the proposals in the memorandum formed a suitable basis for the discussion of the amendment of the Convention of 1914, and requested an expression of the views of the Government of the United States as to the advisability of holding an international conference for the purpose of making such revision.

In the memorandum it was suggested that as a result of experience obtained by the maritime powers it might be advisable to modify the Convention of 1914; and certain observations, based upon the experience of the British authorities, were submitted therein concerning proposed modifications. These proposals related to the following subjects:

  • Subdivision of Ships;
  • Life-saving Appliances;
  • Wireless Telegraphy;
  • Fire Extinguishing Appliances;
  • Ice Patrol;
  • Collision Regulations.

The proposals received from the British Ambassador were brought to the attention of the Departments of War, Navy, Treasury, Commerce, Agriculture, and Shipping Board for an expression of their views in regard to them. All the Departments concurred in the view that the Convention of 1914 required amendment, that the proposed Conference was of vital interest to the United States, and that it should be represented at the Conference by delegates, technical advisers, and other necessary personnel.

By a note dated January 23, 1928,4 the Secretary of State informed the British Ambassador that the Government of the United States was in agreement with the British Government that consideration should [Page 370] be given to the revision of the Convention of 1914, and suggested that, if it were decided to call a Conference, it be called for a date in the spring of 1929, subsequent to April first, in order to allow time for the making of adequate technical preparation on the various subjects which would be discussed.

On January 12, 1928, an Interdepartmental Committee was organized, composed of representatives of the Departments of State, Treasury, War, Navy, Commerce, Agriculture, and the United States Shipping Board, for the purpose of developing a plan of procedure with reference to preparation by the United States for participation in the proposed Conference. At the second meeting of the Interdepartmental Committee, held on January 21, 1928, a Resolution was adopted charging the Department of Commerce with the organization of technical committees to make the necessary preparatory studies and with the direction of the preliminary work. Under the direction of the Department of Commerce, three principal technical committees with subcommittees were organized, as follows:

1.
Ship Construction Committee
A.
Subdivision of Ships
B.
Lifesaving Appliances
C.
Fire extinguishing Appliances
2.
Wireless Telegraphy Committee
3.
Navigation Committee
A.
Ice Patrol
B.
Meteorology
C.
Rules of the Road

Later, an Executive Committee, having the Commissioner of Navigation as Chairman, was organized to direct and correlate the work of the technical committees.

As a result of the studies made by the technical committees and on the recommendation of the Executive Committee and the Secretary of Commerce, the Secretary of State suggested to the British Ambassador in a note of December 6, 1928, that the subject of stability be added to the agenda of the Conference. The United States has not been informed as to the views of the Government of Great Britain or of the Governments of other foreign countries in regard to this suggestion. The agenda, so far as the Government of the United States is now informed, consists, therefore, of the subjects originally proposed by the British Government, listed on the third page of this instruction, which are as follows:

  • Subdivision of Ships;
  • Lifesaving Appliances;
  • Wireless telegraphy;
  • Fire extinguishing Appliances;
  • Ice Patrol; and
  • Collision Regulations,

[Page 371]

with the possible addition of the subject of stability as was suggested by the United States.

The technical committees have now made and filed their final reports, which are on the following subjects:

1.
Subdivision of Ships;
2.
Lifesaving Appliances;
3.
Fire extinguishing Appliances;
4.
Wireless Telegraphy;
5.
Ice Patrol and Derelict Destruction;
6.
Meteorological Reports;
7.
Rules of the Road.

Copies of each of these reports are herewith transmitted to you for your information and for your guidance) in your capacity as delegates on the part of the United States.

Participation in the Conference on the part of the United States was authorized by Public Resolution No. 70, 70th Congress, 2nd Session, entitled Joint Resolution Providing for the participation by the United States in the International Conference for the Revision of the Convention of 1914 for the Safety of Life at Sea, approved December 7, 1928, which is as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of $100,000, or so much thereof as may be necessary, is hereby authorized to be appropriated for the expenses of participation by the United States in the International Conference for the Revision of the Convention of 1914 for the Safety of Life at Sea, to be held in London, England, in 1929, including travel and subsistence or per diem in lieu of subsistence (notwithstanding the provisions of any other Act), compensation of employees, stenographic and other services by contract if deemed necessary, rent of offices, purchase of necessary books and documents, printing and binding, printing of official visiting cards, and such other expenses as may be authorized by the Secretary of State.”,

and by a provision in Public No. 1034, 70th Congress, 2nd Session, being an Act entitled an Act making appropriations to supply urgent deficiencies … for the fiscal year ending June 30, 1929, and for other purposes, approved March 4, 1929, which is as follows:

“International Conference for the Safety of Life at Sea: For the expenses of participation by the United States in the International Conference for the Revision of the Convention of 1914 for the Safety of Life at Sea, as authorized by Public Resolution Numbered 70, approved December 7, 1928, including travel and subsistence or per diem in lieu of subsistence (notwithstanding the provisions of any other Act), compensation of employees, stenographic and other services by contract if deemed necessary, rent of offices, purchase of necessary books and documents, printing and binding, printing of official visiting cards, and such other expenses as may be authorized by the Secretary of State, $90,000, to remain available until June 30, 1930.”

[Page 372]

The formal invitation to the Government of the United States to send representatives to the Conference was contained in a note of January 21, 1929, to the Secretary of State from the British Ambassador,5 in which it was stated that the Conference would convene in London on April 16, next. This invitation was accepted on behalf of the Government of the United States by the Secretary of State in a note of February 21, 1929, to the British Ambassador.5 It is understood that the British Government also extended invitations to the several British Dominions, India, Belgium, Denmark, Finland, France, Germany, Italy, Japan, the Netherlands, Norway, Russia, Spain and Sweden, and to the League of Nations Advisory and Technical Committee for Communications and Transit, ad audiendum.

It is believed that the American delegation is in a well-fortified position in respect of the work of the Conference. A thorough study of the situation has been made in the preparatory work. Concrete proposals which have the approval of all the American interests concerned, including the shipping and shipbuilding industries have been made in the reports of the technical committees. Congress has passed the Load Line Bill,6 which furnishes the necessary legislative authority for establishing standards of safety in the loading of vessels. The United States will not, therefore, be exposed to the criticism, heretofore sometimes made, of urging high standards and of subsequently not putting into effect such standards as were adopted.

The recent loss of the steamship Vestris has directed public attention to and has crystallized public opinion on the necessity for a high standard for safety at sea. The high standards of safety required of transportation facilities in the United States fortify the delegation in advocating high standards of safety at sea. To obtain acceptance of the high standards of the proposals brought forward in the reports of the technical committees will, it is believed, require determined and combined effort on the part of the American delegation. Decisions of the delegation should follow, as far as practicable, the recommendations agreed to in the technical reports. Proposals leading to standards less high than the recommendations should be given most careful consideration and the delegation should not agree to them unless there is strong reason for so doing. Unanimity of view and of action on the part of the delegates is essential. In order that the influence of the American delegation may be effective, the individual delegates should be guided and abide by the majority decisions of the delegation, and individual opinions at variance with the delegation’s decisions should not be expressed.

To assure that the American proposals are couched in well-chosen [Page 373] words which convey the exact meaning intended, it would appear that, except in informal committee discussions, such proposals, so far as practicable, should be prepared in advance of the occasion on which they will be used.

Important questions of policy and general principle not covered by the reports of the committees or the instructions to the delegation should be determined by vote of the delegation, or be made the subject of a request to the Department for instructions.

The delegation has the responsibilities:

(1)
to uphold the prestige and dignity of the Government of the United States;
(2)
to obtain the highest practicable standard of safety at sea for American nationals traveling in ships flying the flags of foreign nations; and
(3)
to obtain an international standard commensurate with the high standard of safety now being constructed into American vessels, in order that these vessels may not suffer in commercial competition with foreign competitors.

In a letter of March 14, 1929, to the Chairman of the delegation, the President wrote:

“In connection with the International Conference for the revision of the Convention for Safety of Life at Sea, which is to convene in London on 16 April, it is my desire that the American delegation urge the international acceptance of the highest practicable standards in the various fields which affect the safety of lives of American citizens and of American vessels at sea. This is a matter of great importance to the shipping industry in this country, and is a matter of even greater importance to American citizens who are engaging in ocean voyages in increasing numbers.

“The recommendations which have been made by the technical committees organized by the Department of Commerce constitute, I am advised, a substantial basis for proposals by the United States at the forthcoming conference, and can be urged with the full assurance that the administration will do all in its power to place such standards into full effect in the event that they are incorporated in an international agreement.”

You will consider what provision should be made in the Convention stipulating for subsequent conferences to consider improvements which may be suggested by invention or with reference to the adoption of such improvements by individual nations before they can be made a matter of conventional agreement.

If you deem it advisable to do so, you are authorized to arrange for preliminary and informal consultation with your colleagues of other nations, in order that those standards in regard to safety of life at sea which are held in common may be supported, if possible, with the weight which would naturally result from united effort.

[Page 374]

It has been observed that the London treaty of 1914 is in the French language only. At the Conference for the Limitation of Armament held at Washington in the winter of 1921–22, both French and English were made official languages of the Conference and the treaties adopted were signed in the two languages. The treaties signed at the Peace Conference at Paris likewise were signed in English as well as French. Moreover, French and English were made the official languages of the League of Nations, and it is my understanding that all international acts signed under the auspices of the League are in the two languages. It would seem to be desirable that English as well as French should be the official language of the Conference on Safety of Life at Sea, not only as a compliment to the British Government, in whose territory the Conference is held, but also because of the richness of the English language in commercial and nautical terminology. For the same reasons it is believed that any Convention or other instrument signed at the Conference should be signed in English as well as in French. As, however, the Conference will be held at London, it would seem tó be more appropriate for the British delegates to make proposals in regard to this matter. You may confer with them informally concerning it, and should they propose to the Conference the adoption of English as an official language of the Conference, you will give the proposal your support.

You will be assisted in your work at the Conference by the following technical assistants:

  • Lieutenant Commander E. L. Cochrane
  • Commander C. M. Austin
  • Captain W. E. Griffith
  • Mr. A. J. Smith
  • Mr. J. F. MacMillan
  • Mr. David Arnott
  • Mr. Edgar B. Calvert
  • Captain N. B. Nelson
  • Lieutenant E. M. Webster
  • Mr. J. C. Niedermair

Mr. Vinton Chapin, Foreign Service Officer, has been detailed from the State Department as Secretary to the delegation.

There is enclosed the President’s instrument6a conferring upon you, jointly and severally, plenary powers to negotiate, conclude and sign a Convention revising the Convention of 1914 for the Safety of Life at Sea. This instrument should be deposited with the Secretariat of the Conference, or the Committee on Credentials, whichever may be the procedure adopted.

Doubtless questions which are not definitely covered in the reports of the technical committees or in these instructions will arise at the Conference, both in regard to technical subjects and in regard to [Page 375] matters of policy. In respect of the decisions to be made and the action to be taken on such questions, reliance is placed to the fullest extent on the experience and judgment of the delegation. While it is not desired to discourage the delegation from requesting specific instructions from the Government when such instructions are necessary, it is desired that requests for instructions other than requests merely for information which the delegation may not have in its possession should, in order to avoid the delay incident to communication between the delegation and the Government, be limited as much as possible.

Expressing the hope that your mission and its duties may be pleasant, and the results gratifying to yourselves, your colleagues and the Government and people of the United States,

I am [etc.]

Frank B. Kellogg
  1. For personnel of the American delegation, see p. 380.
  2. British and Foreign State Papers, vol. cviii, p. 283.
  3. Neither printed.
  4. Not printed.
  5. Not printed.
  6. Not printed.
  7. Approved March 2, 1929; 45 Stat. 1492.
  8. Not printed.