No. 323.
Mr. Fish
to Sir Edward Thornton.
Washington, May 18, 1874.
Sir: I have the honor to acknowledge the receipt of your note of the 14th instant, conveying the information that the act of the legislature of Newfoundland, passed by that body on the 28th of March, 1874, for the purpose of extending the provisions of articles XVIII to XXV, inclusive, of the treaty of Washington, to that colony, was specially confirmed by Her Majesty on the 12th instant, and inclosing a copy of the colonial act.
Presuming that the special confirmation mentioned is meant as signifying the assent of Her Majesty contemplated by the provisions of this act, I have the honor to state that the act of Congress, in pursuance of which the President is authorized to issue his proclamation extending the provisions of the articles in question to the colony of Newfoundland, provides that such proclamation may issue when the President shall have received satisfactory evidence that the colony of Newfoundland has consented “in a due and proper manner” to have the provisions [Page 558] of the said articles extended to it. And the act of the colonial legislature contains the following provision, namely: “The governor may at any time hereafter, by his proclamation, to be published in the Royal Gazette of this colony, declare that after a time to be therein named the provisions and stipulations of the said article * * * shall extend to this colony of Newfoundland, so far as they are applicable.”
The issue and publication of the governor’s proclamation would therefore seem necessary to complete the required action of the colony in a due and proper manner. I inclose herewith for your information a copy of a draft of the proclamation which the President is prepared to issue on the subject, and have the honor to suggest the first of June proximo as the day when the reciprocal privileges secured by the articles of the treaty referred to shall become operative. I will thank you, if convenient, in the mean time to furnish me with a copy of the proclamation proposed to be issued by the governor of Newfoundland. Should any other date than that suggested be fixed by the latter, the President will no doubt adopt it, in order to have the provisions in question take effect simultaneously in regard to citizens of the United States and Her Majesty’s subjects in Newfoundland.
I have, &c.,