Sound signals for fog, &c. ARTICLE 12. A steamship shall be provided with a steam-whistle or other efficient. steam sound signal, so placed that the sound may not be intercepted by any obstructions, and with an efficient fog-horn to be sounded by a bellows or other mechanical means, and also with an efficient bell. A sailing-ship shall be provided with a similar fog-horn and bell. In fog, mist, or falling snow, whether by day or night, the signals described in this article shall be used as follows, that is to say: (a) A steamship under way shall make with her steam-whistle, or other steam sound signal, at intervals of not more than two minutes, a prolonged blast. (b) A sailing-ship under way shall make with her fog-horn, at intervals of not more than two minutes, when on the starboard tack one blast, when on the port tack twoblasts in succession, and when with the wind abaft the beam three blasts in succession. (c) A steamship and a sailing-ship, when not under way, shall, at intervals of not. more than two minutes, ring the bell. Speed of ships to be moderate in fog, &c. ARTICLE 13. Every ship, whether sailing-ship or steamship, shall, in a fog, mist, or falling snow, go at a moderate speed. Steering and sailing rules. ARTICLE 14. When two sailing-ships are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, viz: (a) A ship which is running free shall keep out of the way of a ship which is closehauled. (b) A ship which is close-hauled on the port tack shall keep out of the way of a ship which is close-hauled on the starboard tack. (c) When both are running free, with the wind on different sides, the ship which has the wind on the port side shall keep out of the way of the other. (d) When both are running free, with the wind on the same side, the ship which is to windward shall keep out of the way of the ship which is to leeward. (e) A ship which has the wind aft shall keep out of the way of the other ship. ARTICLE 15. If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass. on the port side of the other. This article only applies to cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two ships which must, if both keep on their respective courses, pass clear of each other. The only cases to which it does not apply are, when each of the two ships is end on, or nearly end on, to the other; in other words, to cases in which, by day, each ship. sees the masts of the other in a line, or nearly in a line, with her own; and, by night, to cases in which each ship is in such a position as to see both the side lights of the other. It does not apply, by day, to cases in which a ship sees another ahead crossing her own course; or, by night, to cases where the red light of one ship is opposed to the red light of the other, or where the green light of one ship is opposed to the green light of the other, or where a red light without a green light, or a green light without. a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. ARTICLE 16. If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other. ARTICLE 17. If two ships, one of which is a sailing-ship and the other a steamship, are proceeding. in such directions as to involve risk of collision, the steamship shall. keep out of the way of the sailing-ship. ARTICLE 18. Every steamship, when approaching another ship, so as to involve risk of collision, shall slacken her speed or stop and reverse if necessary. ARTICLE 19. In taking any course authorized or required by those regulations, a steamship underway may indicate that course to any other ship which she has in sight by the following signals on her steam-whistle, viz: One short blast to mean "I am directing my course to starboard." Three short blasts to mean "I am going full speed astern." The use of these signals is optional; but if they are used the course of the ship must be in accordance with the signal made. ARTICLE 20. Notwithstanding anything contained in any preceding article, every ship, whether a sailing-ship or a steamship, overtaking any other, shall keep out of the way of the overtaken ship. ARTICLE 21. In narrow channels every steamship shall, when it is safe and practicable, keep to that side of the fair-way or mid-channel which lies on the starboard side of such ship. ARTICLE 22. Where, by the above rules, one of two ships is to keep out of the way, the other shall keep her course. ARTICLE 23. In obeying and construing these rules due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. No ship under any circumstances to neglect proper precautions. ARTICLE 24. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any negect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. Reservation of rules for harbors and inland navigation. ARTICLE 25. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or inland navigation. Special lights for squadrons and convoys. ARTICLE 26. Nothing in these rules shall interfere with the operation of any special rules made by the government of any nation with respect to additional stations and signal-lights for two or more ships of war or for ships sailing under convoy. No. 128.] No. 301. Mr. Hoppin to Mr. Evarts. LEGATION OF THE UNITED STATES, London, December 27, 1879. (Received January 12.) SIR Referring to Mr. Welsh's No. 327, of the 29th July last, and to instruction No. 371 of the 15th of September last, upon the method of settling international accounts of extradition expenses, I have the honor to inclose a copy of the correspondence which has taken place upon this subject since the last-mentioned date, between this legation and the foreign office. I have, &c., W. J. HOPPIN. [Inclosure 1 in No. 128.] Mr. Hoppin to the Marquis of Salisbury. LEGATION OF THE UNITED STATES, MY LORD: Referring to your lordship's note of the 23d of July to Mr. Welsh, in which it is proposed that the Government of the United States shall enter into an arrangement with that of Great Britain, by which an account shall be rendered, and payment made, of expenses incurred in connection with cases of extradition, once annually, at the most convenient period of the financial year, I have the honor to state that Mr. Welsh sent a copy of your lordship's note to Mr. Evarts immediately after it was received, and that I have now in hand the reply of the Department of State to the proposition in question, which I am instructed to communicate to your lordship. The treaty of 1842, Article X, provides that "The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive." The statutory provisions in regard to extradition are silent on the question of expenses. No legal objections are perceived to entering into such an arrangement as that proposed by your lordship. An inconvenience, however, might arise from such an arrangement as the result of the following circumstances. There are very few requisitions for offenses against the Federal laws. Each State and Territory is required to bear the expenses of requisition and extradition in each case presented by it for the extradition of fugitive criminals from the justice of such State or Territory: The expenses which the Government of the United States would be called upon by Great Britain to pay are such as are usually incurred about Scotland Yard, such as services of detectives, the expenses of keeping prisoners, &c. These expenses the agent appointed by the President, on the nomination of the executive of the State, is expected to pay at the time of taking charge of the fugitive. If in any case they should be left unpaid, as in some few cases they have been, the Department of State might be called upon to audit and pay a considerable sum at the end of the year without any fund under its control from which it could properly pay, and might, moreover, find it difficult to get reimbursement from the State. As the matter is now, each case can be scrutinized on its own merits and at the moment. In view of these circumstances, the Department of State does not consider it expedient to enter into the arrangement proposed in your lordship's note of the 23d of July I have, &c., last. W. J. HOPPIN. [Inclosure 2 in No. 128.] The Marquis of Salisbury to Mr. Hoppin. FOREIGN OFFICE, December 23, 1879. SIR: With reference to my note of the 23d of July last, relative to the mode of payment of certain small claims arising in connection with cases of extradition, I have the honor to state to you that having now received replies from various governments to which I had addressed a similar communication, it appears that a considerable di. vergence of opinion exists as to the most convenient mode of effecting such payments. Under the circumstances it appears to me that it will be most expedient to adhere to the plan hitherto pursued in this respect, namely, that each claim arising on a case of extradition should be preferred separately, and I have, therefore, the honor to request you to invite your government to accede to such an arrangement. I have, &c., [Inclosure 3 in No. 128.] Mr. Hoppin to the Marquis of Salisbury. SALISBURY. LEGATION OF THE UNITED STATES, 1879. MY LORD: I have the honor to acknowledge the receipt of your lordship's note of the 23d instant, upon the subject of the payment of the expenses in extradition cases, and expressing your lordship's opinion that it will be more convenient to adhere to the plan hitherto pursued, that is to say, that each claim arising on a case of extradition should be preferred separately. I beg to say that I shall fulfill your lordship's request to invite my government to accede to this arrangement, which, I may be permitted to state, it has already virtually done, as will appear from my letter to your lordship of the 3d of October last. I have, &c., W. J. HOPPIN. No.139.] : No. 302. Mr. Hoppin to Mr. Evarts. LEGATION OF THE UNITED STATES, London, January 23, 1880. (Received February 7.) SIR Referring to my dispatch No. 89 of the 29th of October last, I have the honor to inclose the copy of a note I received yesterday from Lord Salisbury and of a document accompanying the same in relation to the interference of Her Majesty's government with Mormon emigration from Great Britain to the United States. It will be seen from this communication that the home secretary has been advised by the law officers of the Crown that the government here is under no obligation, and, indeed, has no power to prevent such emigration, and that it can do no more than to give notice to the public of the illegal character of Mormon marriages according to the law of the United States. I have, &c., W. J. HOPPIN. [Inclosure 1 in No. 139.] The Marquis of Salisbury to Mr. Hoppin. FOREIGN OFFICE, January 19, 1880. SIR: With reference to your letter of the 16th of October last, and to previous correspondence upon the same subject, I have the honor to acquaint you that a communication has been received from Her Majesty's secretary of state for the home department stating that he is advised by the law officers of the Crown, to whom the question has been referred, that Her Majesty's government is under no obligation, and, indeed, has no power, to prevent the emigration of British subjects desirous of joining the Mormon community in the United States, and that they can do no more than to give notice to the public of the illegal character of Mormon marriages according to the law of the United States. Copies of the notices issued in London and Liverpool are inclosed herewith for your information. I have, &c., SALISBURY. Inclosure 2 in No. 139.] Notice to emigrants and emigration agents. METROPOLITAN POLICE Office, Great Scotland Yard, 14th day of Oct., 1879. Whereas there is reason to believe that a system of solicitation extensively prevails to induce persons to emigrate from Great Britain to the United States for the purpose of joining the Mormon community at Salt Lake, in the Territory of Utah, this notice is to warn all persons that the law of the United States prohibits the practice of polygamy existing in the Mormon community, and renders any person who engages therein liable to heavy fine and a long period of imprisonment. E. Y. HENDERSON, The Commissioner of Police of the Metropolis, acting under No. 421.] No. 303. Mr. Evarts to Mr. Hoppin. DEPARTMENT OF STATE, Washington, February 11, 1880. SIR: I have to acknowledge the receipt of your dispatch No. 139, of the 23d ultimo, inclosing a copy of a note from the Marquis of Salisbury to you in relation to Mormon emigration from England to the United States, in which his lordship states that Her Majesty's government is under no obligation, and, indeed, has no power, to prevent the emigration of British subjects desirous of emigrating to this country, and they can do no more than give notice to the public of the illegal character of Mormon. marriages according to the law of the United States, and that such notice has accordingly been given. This action upon the part of the British Government is very gratify. ing to this department, since the object aimed at by previous correspondence is thus gained; namely, the promulgation of information under the authority of the home government to proposed emigrants of the penal consequences of the practice of polygamy in the Mormon community in Utah Territory. I am, &c., No. 304. WM. M. EVARTS. No. 432.] Mr. Evarts to Mr. Hoppin. DEPARTMENT OF STATE, SIR: I have to acknowledge the receipt of your dispatch No. 128, of the 27th of December last, referring to Mr. Welsh's No. 327, of the 29th of July last, and to the instruction No. 371 of the 15th of September last, of this Department upon the subject of the method of settling accounts of extradition expenses. You also inclose a copy of your correspondence with the British foreign office upon the subject in question since the date last mentioned, from which it appears that in consequence of the divergence of opinion as to the most convenient method of effecting the payment of extradition expenses expressed by the various governments to which the Marquis of Salisbury had addressed communications on the subject, his lordship had reached the conclusion that it would be best to adhere to the plan hitherto pursued, preferring separately each claim arising on a case of extradition; and he therefore asks this government to accede to the proposed arrangement. In reply, I have to instruct you to inform Her Majesty's government that this Department approves of the plan proposed, with the understanding, however, that the arrangement shall not preclude the settlement of expenses on the spot by the agent sent to receive the prisoner, or make it obligatory that the claim should be formally preferred by one government to the other, and so settled. The few cases where the expenses are not paid on the spot would, of course, it is thought by this Department, be properly matters for adjustment between the two gov ernments. I am, &c., WM. M. EVARTS. |