Morton, Henry Vignaud to Frederick T. Frelinghuysen, November 9, 1882

Messrs. Morton and Vignaud to Mr. Frelinghuysen.

Sir: The international conference for the protection of submarine cables assembled on the day fixed, Octobor 16, at the foreign office in Paris.

The invitations of the French Government had been accepted by thirty-three states, and each state was represented at the first sitting, which was, however, purely formal. Mr. Cochery, minister of posts and telegraphs, was unanimously chosen to preside over our discussions, which began at our next sitting.

The conference discussed at first in a general way the broad principles laid down in the programme previously submitted to all the states to which France had issued an invitation, and referred its proceedings to a committee whose report and first draft were presented at the sixth sitting. This draft, drawn up by Mr. Louis Renault, one of the French delegates, well known as a professor of international law, was made the basis of a critical discussion which ended in the adoption of the draft herewith annexed.

To this draft, every article of which was adopted either unanimously or by a large majority, is prefixed a protocol, signed by all the delegates, and it is terminated by two resolutions expressing the wishes of the conference in relation to certain points.

You will notice the guarded language of the protocol. We do not make a convention; we only make a project of a convention. We do not pledge our Government; we only pledge ourselves to submit our draft to its consideration, reserving thereby the right of our Government not only to accept or reject the convention, but even its right to propose modifications.

This important question was raised in a debate at the fifth sitting, where it was stated that each Government would have no other alternative but to accept or reject the draft proposed. The English delegates and ourselves could not assent to such a view, and it was understood, with Mr. Cochery, that our British colleagues would introduce a written statement, reserving to each Government its right of proposing amendments, and that he, Mr. Cochery, would declare distinctly that this right could not be questioned. This was done at the close of the seventh sitting.

The English delegates also objected to Article VIII of the project, in relation to the courts to which all infractions to the convention are to be submitted. Their desire was to have these infractions prosecuted in the court of the nearest port, but this proposition was rejected by the whole conference, themselves excepted. We understand, however, that the English Government will not insist upon this objection.

The conference adjourned on the 2d instant, after the protocol had been signed by all of the delegates of the thirty-three states represented except the one from China, who had no instructions to do so. Mr. Cochery, in closing the conference, expressed warmly his hope and conviction that our labors would not be fruitless, and there seemed to be no difference of opinion in this respect.

We have the honor to submit herewith a printed copy of the draft-convention, as signed by us, with a translation of the same. Owing to the delay in preparing and printing the minutes of the proceedings of the conference, we are not able yet to send a copy, hut hope to do so by the next bag.

Trusting that we have complied with the letter and spirit of your instruction,

We remain, &c.,