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United States Department of State / The executive documents of the House of Representatives for the first session of the fiftieth Congress. 1887-'88

France,   pp. 271-368 PDF (45.1 MB)

Page 273

tocol therein inclosed, with the necessary authority to communicate
such approTval 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 Govern.
 ment. 'This protocol, as I advised you in my No. 220, was satisfactory
 to the two American companies, but time so presses that Ihave to re-
 quest you to communicate by telegraph authority to approve it when
 the conference meets the 1st of December.
   I callyour special attention to so much of M. de Freycinet's commu-
 nication 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.,
                                                   RdOBERTM . MCcLANE.
                         [Inclosure in No. 305.-Translation.1
                         H. do 'reycinet to Mr. McLane.
                                                     PARiS, November 4, 1886.
  SIR: As you know, the delegates of the different powers having signed the
  tion 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
  to recommend for adoption to their respective Governments.
  The Government of the Republic instructed, during the month of June, its
  sentatives 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
  signed with as little delay as possible.
  'Of the twenty-five contracting powers fifteen, the list of whom you will
find an-
nexed, have already given their adhesion to the construing-memorandum.
  I should be much pleased if the American Government would intimate if it
  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 itý 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 contfacting 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, i884, can not suffice to insure to the prevention
of the ,violations of the convention which it foresees, the convention not
the penalty to be inflicted. It is then necessary, in order t.hat the convention
be carried out in regard to this point, that the legislation of each contracting
should each contain express provisions for repressing any violation of articles
29, 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 thG
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
1st January, 1887.
     Accept, etc.,
9256 Fi 1 87-----18

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