No. 244.
Mr. Lowell to Mr. Frelinghuysen.

[Extract.]
No. 615.]

Sir: I have the honor to acquaint you that I received on the 23d instant from Lord Granville a note, a copy of which I inclose herewith, * * * in which he inquires whether Her Majesty’s Government correctly understand the intention of the United States Government to be that the-provisions of Article XXXII, which relate to Newfoundland, shall cease to be in force and operation at the same time as the articles recited in the notice which relate to the Dominion of Canada, treaty of 1871.

It seems to me that the protocol of the conference held by the Secretary of State and the British minister May 28, 1874 (see supplement of the Revised Statutes, Vol. I, p. 622), and recited in the proclamation of the President May 29, 1874, sufficiently declares that the articles from 18 to 25 inclusive, and Article XXX of the treaty shall take effect, so far as Newfoundland is concerned, in accordance with Article XXXIII, and I should think, therefore, that the notice under Article XXXIII of the termination of the first-mentioned articles must apply by implication to Newfoundland as well as to the Dominion of Canada.

I have thought it better, however, not to discuss the question with his lordship, but to refer his inquiry to the Department of State. I herewith inclose copy of my reply.

I have, &c.,

J. R. LOWELL.
[Inclosure 1 in No. 615.]

Lord Granville to Mr. Lowell.

Sir: I have the honor to acknowledge the receipt of your note of the 2d ultimo, in which you give notice that the provisions of Articles XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, and XXX of the treaty of May 8, 1871, between Great Britain [Page 452]and the United States, will terminate and he of no force on the expiration of two years next after the date of the said notice.

In accepting this notice on behalf of Her Majesty’s Government, I have the honor to inquire whether Her Majesty’s Government correctly understand the intention of the United States Government to be that the provisions of Article XXXII, which relate to Newfoundland, shall cease to be in force and operation at the same time as the articles recited in the notice, which relate to the Dominion of Canada.

I have, &c.,

GRANVILLE.
[Inclosure 2 in No. 615.]

Mr. Lowell to Lord Granville.

My Lord: I have the honor to acknowledge the reception of your lordship’s note of yesterday, in which you inquire whether in accepting the notice which I have given to Her Majesty’s Government, under the instructions of the Department of State, that the provisions of Articles XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, and XXX of the treaty of May 8, 1871, between the United States and Great Britain, will terminate and be of no force on the expiration of two years next after the date of said notice. Her Majesty’s Government correctly understands the intention of the United States Government to be, that the provisions of Article XXXII which relate to Newfoundland shall cease to be in force and operation at the same time as the articles recited in the notice which relate to the Dominion of Canada.

I beg to state, in reply, that I have transmitted your lordship’s inquiry to the Department of State, and shall have the honor of addressing your lordship another communication on the subject as soon as I receive an answer.

I have, &c.,

J. R. LOWELL.