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“Third. The distance signal, consisting of a square flag, having either above or below it a ball or anything resembling a ball.

“Fourth. A continuous sounding with any fog-signal apparatus.
“At night-
“First. A gun or other explosive signal fired at intervals of about a minute.

“Second. Flames on the vessel (as from a burning tar barrel, oil barrel, and so forth).

“Third. Rockets or shells throwing stars of any color or description, fired one at a time, at short intervals.

"Fourth. A continuous sounding with any fog-signal apparatus.”

And, whereas, it is provided by section 3 of the act approved August 19, 1890, that it shall take effect at a time to be tixed by the President by proclamation issued for that purpose;

Now, therefore, I, Grover Cleveland, President of the United States of America, do hereby, in virtue of the authority vested in me by section 3 of the act aforesaid, proclaim the tirst day of March, 1895, as the day on which the said act approved August 19, 1890, as amended by the act approved May 28, 1894, shall take effect.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be attixed.

Done at the city of Washington, this thirteenth day of July, one thousand eight hundred and ninety-four, and of the Independence of the United States the one hundred and nineteenth. [SEAL.)

GROVER CLEVELAND. By the President: W. Q. GRESHAM,

Secretary of State.

Sir Julian Pauncefote to Mr. Gresham,

WASHINGTON, August 17, 1894. SIR: I have the honor to acknowledge your note of the 6th instant, inclosing copies of the President's proclamation of the 13th ultimo, fixing March 1, 1895, as the date on which the laws of the United States, therein mentioned and relating to the new regulations for preventing collisions at sea, are to tako effect.

I did not fail to transmit to my Government a copy of that communication, together with copies of the proclamation. I have, etc.,

JULIAN PAUNCEFOTE.

Mr. Goschen to Mr. Gresham. NEW LONDON, October 15, 1894. (Received October 17.) SIR: I have the honor to inform you, with reference to my conversation with Mr. Uhl, that I have received a dispatch from the Earl of Kimberley to the effect that, owing to the fact that all the maritime powers have not as yet given their adhesion to the new regulations for the prevention of collisions at sea, it has been found to be 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.

His Lordship also considers postponement of the date in question inevitable, owing to the fact that it is generally held that nine months should elapse between the promulgation of the regulations and their enforcement.

The Earl of Kimberley desires me, in calling your attention to the above consideration, to ask whether the United States Government are prepared for the unavoidable postponement of the date upon which it was hoped that the regulations in question would go into effect. I have, etc.,

W. E. GOSCHEN.

Mr. Grosham 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 19th 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.,

W. Q. GRESHAM.

(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, froin 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 ir dicated 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 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.

Mr. Uhl to Mr. Goschen.

DEPARTMENT OF STATE,

Washington, November 19, 1894. SIR: I have the honor to inform you that this Government has now received assurances from the Governments of Austria-Hungary, France, Spain, Sweden, Portugal, and the Netherlands that they will put in force on and after the 1st of March, 1895, rules similar to those adopted by the United States for the prevention of collisions at sea.

The Department has been advised that Russia will, in all probability, adopt a similar course. It is therefore hoped that Her British Majesty's Government may see its way to reconsider its determination, made known to this Department in your note of the 15th of October, to postpoue putting such rules in force. Accept, etc.,

EDWIN F. UHL.

Mr. Gresham to Sir Julian Pauncefote.

DEPARTMENT OF STATE,

Washington, January 16, 1895. EXCELLENCY: Referring to the note of October 15 last from your embassy, and to the Department's reply of November 19, in relation to the regulations for the prevention of collisions at sea, I have the honor to ask that you advise the Department whether Her Majesty's Government adhere to the determination to postpone the enforcement of the rules agreed upon until some time after March 1 next, and in that event, that you indicate the date upon which Her Majesty's Government will put them in operation. I have, etc.,

W. Q. GRESHAM.

Sir Julian Pauncefote to Mr. Gresham.

WASHINGTON, January 21, 1895. (Received January 22.) SIR: I have the honor to acknowledge the receipt of your note of the 16th instant, in which you inquire whether Her Majesty's Government adhere to the determination to postpone the enforcement of the rules agreed upon for the prevention of collisions at sea until some time after March 1. I have already had the honor to explain to you, unofficially, under instructions from the Earl of Kimberley, the difficulty in which Her Majesty's Government find themselves with regard to this question and their inability at present to find a date for bringing the regulations into force.

They hope to be in a position to do so by the end of February, but six months' notice will be necessary before this can be done.

If the U. S. Government put them into force on the 1st of March considerable inconvienence will be caused, and it is still the hope of Her Majesty's Government that the decision of the U.S. Government, communicated to Mr. Goschen in Mr. Gresham's note of the 22d of October last, may not be tinal, and that the President may find it possible to issue a supplementary proclamation deferring the date. I have, etc.,

JULIAN PAUNCEFOTE.

[Telegram from the Earl of Kimberley, January 16, 1895.]

International regulation for the prevention of collisions at sea.

Owing to the opposition which has been raised in England to certain articles in the proposed regulations, especially that relating to fog signals, Her Majesty's Government now finds it impossible, until Parliament has been consulted, to fix a date for bringing the regulations into force.

By the end of February, however, we hope to be in a position to fix a date, but six months' notice will be necessary before bringing the regulation into force. I have to request you to take an early opportunity of explaining unofficially to Mr. Gresham the difficulty in which we find ourselves. I have spoken on the subject to Mr. Bayard, who is telegraphing to his Government. If the United States put the regulations into force on the 1st of March, considerable inconvenience will be caused, and it is still the hope of Her Majesty's Government that the decision of the United States, communicated in Mr. Gresham's note of the 22d October last, may not be final, and that the President may find it possible to issue a supplementary proclamation deferring the date.

FR 94 -18

Mr. Gresham to Sir Julian Pauncefote.

DEPARTMENT OF STATE,

Washington, January 23, 1895. EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 21st instant, in reply to the inquiry made in mine of the 16th, whether Her Majesty's Government adhere to the determination to postpone the enforcement of the růles agreed upon for the prevention of collisions at sea until some time after March 1. You refer to the difficulty in which Her Majesty's Government find themselves with regard to this question and their inability at present to fix a date for bringing the regulations into force, and express the hope that the President may find it possible to issue a supi lementary proclamation deferring the date.

As explained in my note of October 22 last, the President has no option in the matter. His power was exhausted by the proclamation fixing the date on which the act of Congress of August 19, 1890, as amended by that of May 28, 1894, is to come into effect, this date being as much a part of the act as if incorporated in it. Accept, etc.,

W. Q. GRESHAM.

Mr. Gresham to Mr. Bayard.

[Telegram.]

DEPARTMENT OF STATE,

Washington, January 25, 1895. Your 374 received. Act 1890 provides that it shall take effect at a time to be fixed by the President, by proclamation issued for that purpose. The President issued proclamation declaring that act should go into force March 1, the effect being the same as if the act had declared it should take effect on that date; and the President's power in the matter is exhausted.

Mr. Bayard to Mr. Gresham.

No. 380.]

EMBASSY OF THE UNITED STATES,

London, January 31, 1895. (Received February 11.) SIR: I have the honor to acknowledge your telegraphic instruction of the 25th instant in relation to the finality of the exercise of the Exec. utive power by proclamation over the time for bringing into force the provisions of laws of the United States to prevent collisions at sea.

On Wednesday, the 30th instant, I called at the foreign office and communicated to Lord Kimberley the substance of your telegram, that the President, acting under the terms of the statute, had proclaimed a day certain (March 1, next) for its prospective operation, and had thereby exhausted his authority over the subject.

His Lordship told me he had received information to the same effect from Sir Julian Pauncefote.

I remarked that, in adopting the regulations recommended by the International Maritime Conference at Washington, the influence of the distinguished British members had been largely controlling, and it was very much to be regretted that, after the lapse of so long a time (from

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