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progress, and he has accordingly brought the subject to the attention of the American representative, Mr. Richard Rathbun, and requested him to have the matter fully investigated. Pending this inquiry it does not seem expedient to take any action. When Mr. Rathbun's report is received the Department will communicate its substance to I have, etc.,

you.

ALVEY A. ADEE,

Acting Secretary.

COLLISIONS AT SEA.1

Sir Julian Pauncefote to Mr. Gresham.

WASHINGTON, April 25, 1894. (Received April 28.)

SIR: With reference to previous correspondence in regard to the alterations in the regulations for preventing collisions at sea, recommended by the Washington Maritime Conference in 1889, I have the honor to inform you that Her Majesty's Government, after carefully considering the criticisms of foreign and colonial governments and British shipowners on their proposals, have decided to adhere to the regulations which they proposed in 1892.

It will be remembered that in 1891 Her Majesty's Government proposed to adopt the Washington regulations, with the omission of article 9, and with five alterations in the remaining thirty articles, but that, in deference to the opinions expressed by foreign governments, two of these alterations were withdrawn in 1892 and a third was put forward in a modified form, article 9 being still omitted.

In this form the regulations have received the general approval of the several foreign maritime powers, and Her Majesty's Government consider that no time should now be lost in taking steps to carry them into effect, and they now propose, after careful consideration, to enforce the regulations shown in the inclosed paper on and from the 1st of March, 1895.

Having regard to the paramount importance of securing international agreement with regard to these regulations, I am instructed to express a hope that the same course will be adopted as that determined on by Her Majesty's Government, in order that the rules may become law in both countries on the same day.

The regulations proposed for adoption, which consist of the Washington rules, with the omission of article 9, and with slight alterations in three of the remaining thirty articles, have, as above stated, already received the general approval of the principal maritime countries. Article 9 has been reserved in deference not only to the opinion expressed by the technical advisers of Her Majesty's Government, but also to the views expressed by the majority of the North Sea powers, and proposals in view of a satisfactory settlement of the question of fishing vessels' lights, and the further questions of steam pilot vessels' lights, and the right of way of steam trawlers will be made at an early date.

In urging the adoption of these regulations, I am to explain that the proposal of any amendments at the present time must have the effect of delaying indefinitely the settlement of the whole question, and I

"See Collisions at Sea," Senate Ex. Doc. No. 75. Fifty-third Congress, third session.

am to point out that Her Majesty's Government have withdrawn certain of the amendments which they proposed in 1891, because they feel strongly that it is only by sinking minor differences that the already protracted discussion of the Washington rules can be brought to a satisfactory termination and an international agreement be reached.

Her Majesty's Government propose that the British Order in Council prescribing the revised regulations shall be issued as soon as the principal maritime nations have definitely signified their acceptance of these regulations. If they come into force, as proposed, on the 1st of March, 1895, it appears to Her Majesty's Government that each foreign government will have ample time to prepare and promulgate identic rules to come into force on the same day. If, however, in order to secure international agreement, it should be found absolutely necessary to alter the date suggested, Her Majesty's Goverument will be prepared to entertain a proposal to that effect.

I have, etc.,

JULIAN PAUNCEFOTE.

Mr. Uhl to Sir Julian Pauncefote.

DEPARTMENT OF STATE,
Washington, April 30, 1894.

EXCELLENCY: I have the honor to acknowledge the receipt of your note of the 25th instant, transmitting copy of the "Regulations for preventing collisions at sea as finally adopted by Great Britain," which Her Majesty's Government propose to enforce on and from the 1st of March, 1895, and expressing the hope that the same course will be adopted by this Government in order that the rules may become law in both countries on the same day.

I have submitted the matter to the Secretary of the Treasury for an expression of his views.

I have, etc.,

EDWIN F. UHL.

Sir Julian Pauncefote to Mr. Gresham.

WASHINGTON, May 14, 1894. (Received May 16.) SIR: With reference to your note of the 30th ultimo, respecting the regulations for preventing collisions at sea as finally adopted by Great Britain, I have the honor to inquire whether you have yet received the expected communication on the subject from the Secretary of the Treasury, and are able to favor me with a reply to the inquiry of Her Majesty's Government?

I have, etc.,

JULIAN PAUNCEFOTE.

Mr. Uhl to Sir Julian Pauncefote.

DEPARTMENT OF STATE,

Washington, May 25, 1894.

EXCELLENCY: Referring to your note of the 14th instant in relation to the revised regulations for preventing collisions at sea, I have the honor to inclose herewith copy of a communication from the Treasury

Department, with its accompaniments, from which it appears that a bill has passed both Houses of Congress amending the act of August 18, 1890, to conform to the changes proposed by Her Majesty's Government. Attention is invited to the concluding paragraph of Mr. Wike's letter concerning fishing vessels.

I have, etc.,

EDWIN F. UHL.

Mr. Uhl to Sir Julian Pauncefote.

DEPARTMENT OF STATE,
Washington, June 19, 1894.

EXCELLENCY: Referring to your note of the 14th ultimo, and to my reply of the 25th ultimo, I have the honor to inclose herewith two copies of "An act to adopt regulations for preventing collisions at sea," approved by the President May 28, 1894.

I have, etc.,

EDWIN F. UHL.

Sir Julian Pauncefoie to Mr. Gresham.

Washington, July 17, 1894. (Received July 17.) SIR: I transmitted to my Government a copy of your note of May 25 last in relation to the revised regulations for preventing collisions at sea, and I have the honor to inform you that I have been instructed by the Earl of Kimberley to state to you with reference to the concluding paragraph of the letter from Mr. Wike, inclosed in your note, that no alteration will be made for the present in the regulations relating to fishing vessels' lights. The only regulations repealed by the forthcoming British Order in Council will be those contained in Articles I to IX and XI to XXVII, inclusive, of the schedule to the Order in Council of August 11, 1884.

The date of the new Order in Council can not at present be fixed, as the principal maritime powers have not yet signified their acceptance of the regulations.

I have the honor, etc.,

JULIAN PAUNCEFOTE.

Mr. Gresham to Sir Julian Pauncefote.

DEPARTMENT OF STATE,
Washington, August 6, 1894.

EXCELLENCY: In connection with previous correspondence, and especially with reference to your note of April 25, 1894, concerning the regulations for preventing collisions at sea, in accordance with the recommendations of the International Marine Conference of 1889, I have the honor to inclose copies of the President's proclamation of the 13th ultimo, fixing March 1, 1895, as contemplated by Her Majesty's Government, as the date on which the law of the United States, approved August 19, 1890, as amended by the act approved May 28, 1894, upon that subject, shall go into effect.

It is my intention to send copies of the President's proclamation to the diplomatic representatives of the United States to the several states that participated in that conference, and instruct each to urge upon the government concerned the adoption of similar legislation in case action in that sense has not already been taken, and the promulgation of the same, to the end that identic rules may come into force on the same day by the states represented in the International Marine Conference.

The accord reached by Great Britain, France, and the United States upon this subject, and their concurrent action in promulgating the laws of their respective countries to take effect at a fixed future date, gives encouragement to hope that a majority, if not all, of the other participating states will follow their example.

I have, etc.,

Collisions at sea.

W. Q. GRESHAM.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

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A PROCLAMATION.

Whereas an act of Congress entitled "An act to adopt regulations for preventing collisions at sea was approved August 19, 1890, the said act being in the following words:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following regulations for preventing collisions at sea shall be followed by all public and private vessels of the United States upon the high seas and in all waters connected therewith, navigable by seagoing vessels.

PRELIMINARY.

In the following rules every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel.

The word "steam vessel" shall include any vessel propelled by machinery.

A vessel is "under way" within the meaning of these rules when she is not at anchor, or made fast to the shore, or aground.

RULES CONCERNING LIGHTS, AND SO FORTH.

The word "visible" in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere.

ARTICLE 1. The rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited.

ART. 2. A steam vessel when under way shall carry

(a) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less than twenty feet, and if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such a character as to be visible at a distance of at least five miles.

(b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles.

(c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles.

(d) The said green and red side lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow.

(e) A steam vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, and in such a position with reference to each other that the lower light shall be forward of the upper one. The vertical distance between these lights shall be

less than the horizontal distance.

ART. 3. A steam vessel when towing another vessel shall, in addition to her side lights, carry two bright white lights in a vertical line one over the other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow, measuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds six hundred feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article two (a), excepting the additional light, which may be carried at a height of not less than fourteen feet above the hull.

Such steam vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. ART. 4. (a) A vessel which from any accident is not under command shall carry at the same height as a white light mentioned in article two (a), where they can best be seen, and if a steam vessel in lieu of that light, two red lights, in a vertical line one over the other, not less than six feet apart, and of such a character as to be visible all around the horizon at a distance of at least two miles; and shall by day carry in a vertical line one over the other, not less than six feet apart, where they can best be seen, two black balls or shapes, each two feet in diameter.

(b) A vessel employed in laying or in picking up a telegraph cable shall carry in the same position as the white light mentioned in article two (a), and if a steamvessel in lieu of that light, three lights in a vertical line one over the other not less than six feet apart. The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be of such a character as to be visible all around the horizon, at a distance of at least two miles. By day she shall carry in a vertical line, one over the other, not less than six feet apart, where they can best be seen, three shapes not less than two feet in diameter, of which the highest and lowest shall be globular in shape and red in color, and the middle one diamond in shape and white.

(c) The vessels referred to in this article, when not making way through the water, shall not carry the side lights, but when making way shall carry them.

(d) The lights and shapes required to be shown by this article are to be taken by other vessels as signals that the vessel showing them is not under command and can not therefore get out of the way.

These signals are not signals of vessels in distress and requiring assistance. Such signals are contained in article thirty-one.

ART. 5. A sailing vessel under way and any vessel being towed shall carry the same lights as are prescribed by article two for a steam vessel under way, with the exception of the white lights mentioned therein, which they shall never carry.

ART. 6. Whenever, as in the case of small vessels under way during bad weather, the green and red side lights can not be fixed, these lights shall be kept at hand, lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the color of the light they respectively contain, and shall be provided with proper screens.

ART. 7. Steam vessels of less than forty, and vessels under oars or sails of less than twenty tons, gross tonnage, respectively, when under way, shall not be obliged to carry the lights mentioned in article two (a), (b), and (c), but if they do not carry them they shall be provided with the following lights:

First. Steam vessels of less than forty tons shall carry

(a) In the fore part of the vessel, or on or in front of the funnel, where it can best be seen, and at a height above the gunwale of not less than nine feet, a bright white light constructed and fixed as prescribed in article two (a), and of such a character as to be visible at a distance of at least two miles.

(b) Green and red side lights constructed and fixed as prescribed in article two (b) and (c), and of such a character as to be visible at a distance of at least one mile, or a combined lantern showing a green light and a red light from right ahead to two

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