Commanders must distinctly understand that the issue of regulations does not in any way relieve them from responsibility for the safe and efficient navigation of their respective vessels, and they are also enjoined to remember that they must run no risks which might by any possibility result in accident to their ships. It is to be hoped that they will ever bear in mind that the safety of the lives and property entrusted to their care is the ruling principle that should govern them in the navigation of their vessels, and that no supposed gain in expedition or saving of time on the voyage is to be purchased at the risk of accident.
Commanders are reminded that the steamers are to a great extent uninsured, and that their own livelihood, as well as the company’s success, depends upon immunity from accident; no precaution which ensures safe navigation is to be considered excessive.
Nothing could be plainer than these instructions, and had they been obeyed, the disaster would never have happened: they warn commanders against the only thing left as a menace to their unsinkable boat—the lack of “precaution which ensures safe navigation.”
In addition, the White Star Line had complied to the full extent with the requirements of the British Government: their ship had been subjected to an inspection so rigid that, as one officer remarked in evidence, it became a nuisance. The Board of Trade employs the best experts, and knows the dangers that attend ocean travel and the precautions that should be taken by every commander. If these precautions are not taken, it will be necessary to legislate until they are. No motorist is allowed to career at full speed along a public highway in dangerous conditions, and it should be an offence for a captain to do the same on the high seas with a ship full of unsuspecting passengers. They have entrusted their lives to the government of their country—through its regulations—and they are entitled to the same protection in mid-Atlantic as they are in Oxford Street or Broadway. The open sea should no longer be regarded as a neutral zone where no country’s police laws are operative.
Of course there are difficulties in the way of drafting international regulations: many governments would have to be consulted and many difficulties that seem insuperable overcome; but that is the purpose for which governments are employed, that is why experts and ministers of governments are appointed and paid—to overcome difficulties for the people who appoint them and who expect them, among other things, to protect their lives.
The American Government must share the same responsibility: it is useless to attempt to fix it on the British Board of Trade for the reason that the boats were built in England and inspected there by British officials. They carried American citizens largely, and entered American ports. It would have been the simplest matter for the United States Government to veto the entry of any ship which did not conform to its laws of regulating speed in conditions of fog and icebergs—had they provided such laws. The fact is that the American nation has practically no mercantile marine, and in time of a disaster such as this it forgets, perhaps, that it has exactly the same right—and therefore the same responsibility—as the British Government to inspect, and to legislate: the right that is easily enforced by refusal to allow entry. The regulation of speed in dangerous regions could well be undertaken by some fleet of international police patrol vessels, with power to stop if necessary any boat found guilty of reckless racing. The additional duty of warning ships of the exact locality of icebergs could be performed by these boats. It would not of course be possible or advisable to fix a “speed limit,” because the region of icebergs varies in position as the icebergs float south, varies in point of danger as they melt and disappear, and the whole question has to be left largely to the judgment of the captain on the spot; but it would be possible to make it an offence against the law to go beyond a certain speed in known conditions of danger.