PART I.

GENERAL REMARKS AS TO THE DEVELOPMENT OF INTERNATIONAL MARITIME AGREEMENTS, STATED IN ORDER TO SHOW THE DESIRABILITY OF A PERMANENT INTERNATIONAL MERCHANT SHIPPING COMMISSION.

It is a well-known fact, that it is only lately that the merchant shipping has thoroughly felt the inconvenience of the discrepancies in the rules by which its relations in the different countries have been regulated. In former times the navigation of the seas was moving in narrower tracks, more regularly laid down, in such a manner that it was in its whole character in a less degree international, and it is, properly speaking, first, when the enormous development of the steam naviga. tion took place that efforts were awakened for reforms which could liberate the navigation from its many checks.

Gradually, as the commercial intercourse has increased, the naviga tion is getting more and more cosmopolite, and the ship owners and merchants of all nations are associated in such a manner that to the commercial world it is an indifferent matter whether the goods are transported in the ships of one nation or another. A well-equipped and well-manned ship, with an able and active master, will make her way in the freight market, whether it is in the coasting or the foreign trade, without any other regard than to the master's capability to fulfill a contract cheaply and punctually.

The natural consequence hereof seems to be that it is in a high degree to be wished for, and in certain respects necessary, that all laws and regulations concerning shipping and navigation are drawn up as uniform as it in any way can be accomplished; in short, that in the navigation of the ocean, the highway at sea of all nations, a universal law system should be obeyed. By such an arrangement a multitude of common interest will, by and by, be created, and thereby the world will have found the right although a slow and difficult way by which, at least, the probability of long-lasting wars will be somewhat dimin ished.

It has hitherto been extremely difficult to get reliable information as to the register tonnage of the merchant fleets in former times. Fortunately this want has lately been for a great deal removed by a memorandum entitled, "Statistique Internationale. Navigation Maritime," issued in 1887, by the chief of the Norwegian Statistical Bureau, Mr. A. N. Kiaer. From this interesting exposé permit us to give a few extracts, viz:

In 1850 the entire register tonnage of the North American and the European merchant fleets (of vessels above 20 tons register) was a little above 7,000,000 tons, of which only about 200,000 tons were steam-ship tons; in 1860 the tonnage of these fleets had increased to about

11,500,000 tons register, of which about 750,000 were steam-ship tons, and in 1886 it may be estimated at about 18,000,000 tons, of which about 7,500,000 were steam-ship tons. Thus, for the last twenty-five years the total tonnage has increased about 57 per cent., but in steamship tons about 900 per cent. Forty years ago the total tonnage did not reach the present steam ship tonnage, and when it is remembered that every steam ton performs the work of at least 3 sailing tons, the increase must be said to have been quite gigantic. The three cardinal points which characterize the last forty, and especially the last twentyfive years, are thus: an enormously increased register tonnage, an increased use of big ships instead of small ones, and the creation of a gigantic steam-ship fleet.

A natural consequence of the above-named mighty changes in all shipping affairs has been an intensely felt desire of additions to and improvements in the laws and regulations under which the navigation formerly could live and thrive, but which can not give satisfaction any more, and though reforms were rather tardily introduced in the different countries as a consequence of the slow working of the State machinery, it must be admitted that their governments on the whole have showed zealousness and activity in meeting the wishes of the mercantile community, and most of the newest maritime laws bear the testimony thereof, though it is not an easy task to reconcile the necessities of the State with the claims which commerce and navigation means to be entitled to put in. But even this does not suffice, for, the more lively the intercourse between the nations has been, the more international character the navigation gains, the more the above-named waut has been felt, and a necessity has arisen for better uniformity of the different laws. When a ship makes a freight contract to the fulfillment of which the assistance for a foreign court of justice must be sought or caused by a collision or a casualty, it comes under foreign jurisdiction; the owner or the master will probably see their intentions and acts weighed and judged according to rules they do not know, and which do not agree with the basis for their dispositions. This has caused and will continue to cause inconveniences of different kinds; therefore, year by year, the want grows to obtain regulations having validity everywhere in the world, which can complete the laws of the individual country and arrange the international side of the shipping affairs.

While the governments in other matters of international character have displayed great energy for the creation of agreements-for instance: The international Meter convention, concluded in Paris May 20, 1875; the international Telegraph convention, concluded in St. Petersburgh July 23, 1875 (revised in Berlin September 17, 1885); the international Post convention, concluded in Paris June 1, 1878; the international convention for the protection of Submarine Telegraph Cables, concluded in Paris March 14, 1884; The Sugar Bounties convention, concluded in

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London August 30, 1888-they seem to take up a much more reserved position as to the creation of international merchant shipping regulations.

The Belgian Government forms an exception herefrom in the latest time, for example, it will be remembered that it in the spring of 1885 in. vited all maritine powers to send delegates to a "Congrès international de droit commercial," to be held in Antwerp the 27th of September the same year. Many maritime questions of great consequence were here discussed, with intimate knowledge of the matters and with great ability, but in this respect we must confine us to refer to the excellent report named "Actes du congrès international de droit commercial” (D'anvers, 1885). Even this invitation seems to have been treated with a certain reluctance, which may be proved by the fact that several maritime countries were not represented at all, and that it can not be seen that any of the delegates present have, in an official manuer, expressed any opinion as to the questions under discussion. In private circles steady efforts have, however, been made for the solution of the said questions, particularly by the "Association for the Reform and Codification of the Law of Nations," with headquarters in London. As a private institution this association must confine its labors to the formation of propositions or recommendations to the authorities, and besides work for the propagation of its transactions and papers, and, therefore, the highest point to which it has reached is giving the impulse to reforms in some directions.

As it must be admitted that Great Britain is in possession of the most accomplished maritime laws, drawn up with the greatest practical knowedge of the subject, the first general question which is steadily put forward is, how this great maritime country has ruled in this or that nautical question. In these respects it can not be denied that England, especially in the latter years, has experimented in the interest of all other countries with great sacrifices of painstaking labor and capital. Of course the natural explanation of these sacrifices is partly her mighty merchant fleets, with a tonnage at least as large as the tonnage of the fleets of all other countries together, and partly that the relations of this fleet are embraced with an interest and love, of which the like can not be found in any other country. It is therefore both natural and prudent that the more or less insignificant maritime countries on the whole, and where it can be done without giving up their independence or peculiarities, subordinate themselves to the British systems. In these circumstances the principal cause must be sought in the fact that the other maritime countries hitherto tacitly have conceded to Great Britain the leadership through its "Board of Trade" of almost all maritime. transactions and agreements of an international character, and this has particularly been the case since the "B. o. T." by the "Merchant Shipping Act, Amendment Act of 1862, Articles 58, 59, 60, and 61” had, according to issued "Orders in Council," acquired power to treat vessels belonging to States having adopted certain British maritime laws or

regulations in the same manner as English vessels are treated. In accordance herewith the "Board of Trade" has gradually with great energy and on the whole with success got the British rule of the road at sea, the English-French code of signals, and although with doubtful modifications, the "Moorsom's" system of tonnage measurement adopted in almost all maritime countries, which thereby have acquired advantages of consequence, for which the whole maritime world must be to Great Britain thankful, and it ought not here to be passed in silence that the thanks in this respect particularly must be directed to the well-known secretary to the Marine Department of the "Board of Trade," Thomas Gray, C. B., who for more than a generation has worked unflinchingly for the promotion of international maritime matters, not only in his official situaation, but also through numerous treatises in newspapers and periodical nautical magazines.

Though the above-named agreements may be considered as being of very great international value, still they are incomplete and there is an everywhere felt and constantly growing want for different other international agreements; nevertheless, the years pass by without sufficient regard being paid to such wants, and it may therefore be asked: What can be the cause why all these efforts both from official as well as private sources have given so comparatively poor results? Our answer to this question is: The cause must simply be sought in the want of a central institution, whose duty it is to follow and lead the development of the maritime affairs and which at the same time can be the joining link between navigation, as far as it is international, and the marine government departments of the different countries.

Though England, as before said, hitherto has been the natural leader, it has even for this mighty maritime power been an unsolvable task to lead sufficiently, quickly, and steadily, and this is not difficult to explain. Firstly, the British "Board of Trade" must be won for this or that reform, which may often be hard work enough. Next, if it succeeds, the "Board" begins to act by writing to the British foreign of fice, which again writes to the foreign offices of the other countries and these again to a number of departments in the respective countries, which also have to procure the opinions of existing institutions or of commissions especially appointed for the purpose, and the answers have to go the same long way back again to the "Board of Trade" and for every little change proposed by any of the countries, the question must often repass the same way. How can it be otherwise than such a machinery works too heavily to be satisfactory for the wants of the navigation at the present times, and how can it be wondered at that the abovenamed government department hesitates a long time before it moves, and, generally first does so, when the public opinion has gained such strength that it can not longer be ignored?

And last not least, there are the parliamentary difficulties to overcome, but of this delicate side of the question later more under Part II.

S. Ex. 53, pt. 3--23

The natural and, in our opinion, the only way to conquer all such difficulties will be that the maritime powers agree to establish the herein proposed: "Permanent International Merchant Shipping Commission."

Such a commission, consisting of experienced Delegates from all maritime nations, would form a sort of united representation for the common shipping interests of all such nations; it would have to watch over these interests and to test the propositions which might be presented for its consideration from different quarters, and to their furtherance formulate such proposition as joint resolves to the Governments represented. The commission, as consisting of experts on every nautical subject, would be in possession of so much knowledge from all countries of the matters, that every question taken up by it would be sure of getting an universal and serious treatment; the difference of opinion which now is the cause of never-ending correspondence, would, through a quiet personal discussion at the meetings of the commission in most cases be smoothed down without difficulty, and it would thus be far easier than now to come to harmony about anything sound and good. And in like manner, as every one interested in shipping affairs would feel satisfied, knowing that an institution exists whose duty it is to watch the development, and to whom they could address their wishes, sure of their being taken into consideration, and not shelved in the archives of one department or another, the Government would acquire a mighty sup port in carrying through a certain maritime reform. A proposition— unanimously agreed to by the commission, which accordingly should appear as the unanimous expression of the opinion of the experts in the whole civilized world-a Government would always easier carry through than its own perhaps one-sided views, even if these are supported by private resolutions. And finally, when a proposition appears as the outcome of the labors of the whole commission, in which all nations have an equal part, there would be no room for mutual jealousy between the States to appear and embroil what, on its merits, deserves to be furthered.

For the better proof of our statements, as well as of the necessity of the said Commission, we propose in the following Part II separately to treat the existing or proposed international maritime agreements as described in the introduction.

PART II-DIVISION I.

EXISTING INTERNATIONAL MARITIME AGREEMENTS.

A.

"INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA."

Half a century ago, as it is well known, there did not exist any written law or regulation for the prevention of collisions between ships at There was then only a general "custom of the sea," which prescribed that sailing ships going with a free wind should give way to

sea.