No. 93.
Mr. Fish to Mr. Schenck.

No. 850.]

Sir: I have to acknowledge the receipt of your No. 864, inclosing a communication addressed to the President on behalf of the [Page 176] Direct United States Cable Company, Limited, relative to losses suffered from breakages in their cables, and accompanied by charts showing the line of these cables.

This communication, addressed by the managing director to the President, represents that the company is an English corporation, and has laid and controls two cables, one between Ireland and Nova Scotia, and the other between Nova Scotia and a point on the coast of New Hampshire; that the cable to Nova Scotia has been twice broken, and that from Nova Scotia to New Hampshire once broken, causing heavy expenses; and it is suggested that steps be taken by this Government to discover the offenders, and to prevent a recurrence of such injuries by notices and warnings.

In reply, I have to say that while the Government of the United States is greatly interested in the furtherance of new enterprises, affording competing lines of cable, it is not apparent what steps can be taken with effect either in the way of threats of punishment or warnings. The two breakages in the line from Ireland to Nova Scotia occurred beyond the jurisdiction of the United States, as is believed to be the case with the breakage in the other line; and it is not apparent that an offense in such respect could be punished by our law as now existing. In such case threats or warnings can be followed by no punishment.

It is probable, however, that every facility would be given in this country, should the company desire, to notify masters of vessels and others as to the locality of the cable, that injury may not intentionally be done.

In this connection, it may be well to call attention to the circular issued from this Department in the month of November, 1809, suggesting the adoption of measures by the different powers for the protection of cable-lines, and for laying of new cables, and inclosing a draft convention to carry out suggestions.

A copy of these papers was forwarded to Mr. Motley, and in his No. 217, dated December 14th, 1869, he forwards his correspondence with the secretary of state for foreign affairs, and although some negotiation ensued here, no result was ever reached.

It may not be improper to bring to the notice of any parties who may seek protection for such enterprises in individual cases the fact that this Government was long since aware of the want of some general measures of the nature adverted to, and took steps to bring the matter to the attention of other powers.

I am firmly of opinion that the amount of capital invested in these enterprises, and the necessity of keeping this means of communication free from interruption or injury, make it desirable, if not necessary, that some general steps should be taken in the matter; but it does not appear practicable for a single country to assume to protect telegraphic cables under the high seas.

I am, &c.,

HAMILTON FISH.