Roustan to Frederick T. Frelinghuysen, September 27, 1882

No. 151. Mr. Roustan to Mr. Frelinghuysen.

Sir: I have already had the honor of corresponding at different times with your Department in relation to the approaching meeting of the conference which is to take place in Paris for the protection of submarine cables, with the assurance on the part of my Government of its desire to see the United State represented in this conference, in which delegates from the great European powers will take part.

Agreeably to the desire expressed by the Assistant Secretary of State, my Government hastened to send me a memorandum containing the concise abstract of the questions which will probably be deliberated upon in the conference which will reassemble in Paris the 16th of next October.

This memorandum is as succinct as possible, the Government of the Republic having considered that it was not its part to fix upon the details of the programme of the labors of the conference. It confines itself to the proposition which it has submitted to the different maritime states to give the interpretation of the desire expressed by the congress of electricians in the month of September, 1881.

The conference remains free to give to its deliberations more or less length, yet, in the opinion of the Government of the French Republic, deliberations should be restricted to the protection of the cables in time of peace.

The conference being called and harmony established in formulating and sanctioning conditions in an international act, it would be expedient that among the delegates of each state there were some who would be furnished with full powers from their Governments.

The president of the council of ministers hopes that, after having taken cognizance of the aforesaid memorandum which was remitted to the Assistant Secretary of State on the 23d of this month, the Government of the United States, in whose co-operation he attaches the highest value, will be represented at the projected meeting.

In view of the approaching date of this meeting, I would thank you to inform me as soon as possible of the decision which the Federal Government has made, also the names of the delegates appointed, so that I can transmit them by telegraph to my Government, which has so desired.

Accept, &c.,

memorandum.

• Protection of submarine cables, including: (a) Causes of destruction, (b) Cases in which injury to cables is a punishable offense; cases in which there may be extenuating circumstances; cases in which owners of vessels which have sacrificed an anchor or a net in order not to injure a cable may be entitled to an indemnity, (c) Determination of the officers or agents who are to verify the damage, (d) Designation of the competent courts, (e) Penalties. (f) Means of execution.
• Protection of vessels engaged in laying and taking care of cables, including: (a) Provisions for the avoidance of collisions at sea. (b) Examination of the privileges which it may be possible to accord to vessels designated to perform the work of laying cables, (c) Conditions necessary to secure the protection of buoys designed to show the position of cables, in case of derangement or rupture, (d) The sanction or guarantee which it would be well to give to these provisions.
• Conditions of existence of the cables as regards one another, including: (a) Examination of the rights of the first occupant, (b) Fixing of the conditions on which a second cable may be placed upon a first one. (c) Obligations to be fulfilled as regards the repairing of cables placed in juxtaposition with each other, or one upon another.