No. 138.
Mr. Lowell to Mr. Frelinghuysen.

No. 693.]

Sir: Referring to your instruction No. 688, of October 16, 1883, I have the honor to inclose a copy of the correspondence, since the reception of that dispatch, between this legation and the foreign office, in reference to the termination of certain articles of the treaty of May 8, 1871.

It will be seen by Lord Granville’s note that Her Majesty’s Government accept the notice of the termination of these articles of the treaty as applying to Newfoundland as well as to the Dominion of Canada.

I have, &c.,

J. R. LOWELL.
[Inclosure 1 in No. 693.]

Mr. Lowell to Lord Granville.

My Lord: Referring to your lordship’s note of the 22d of August last, in which your lordship inquired whether, in accepting the notice which I gave to Her Majesty’s Government, on the 2d of July last, that the provisions of articles 18, 19, 20, 21, 22, 23, 24, 25, and 30 of the treaty of May 8, 1871, between the United Stated and Great Britain, will terminate and he of no force on the expiration of two years from the date of said notice Government correctly understand the intention of the United States Government to be that the provisions of article 32, 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 the honor to acquaint you that I lost no time in transmitting a copy of your lordship’s note to the Department of State.

I have now received a reply from Mr. Frelinghuysen, in which I am instructed to inform your lordship that Her Majesty’s Government correctly understand the intention of the Government of the United States to be that the provisions of article 32 of the treaty of Washington, which relate to Newfoundland, shall cease to be in force and operation at the same time as the articles recited in the notice of the termination given by me on the 2d of July last which relate to the Dominion of Canada.

Mr. Frelinghuysen states that your lordships inquiry does not appear to invite any discussion of the points involved, or to ask anything more than a simple declaration of the intention of the United States Government as to the scope of the notice of the termination so given. He states, however, for my information, the reasons why the thirty-second article must be considered as in force so long as the other articles which are specifically terminable are in force. As his views on this subject may be interesting to your lordship, I venture to send you a copy of his dispatch, although I have no instruction to do so.

I have, &c.,

J. R. LOWELL.
[Inclosure 2 in No. 693.]

Lord Granville to Mr. Lowell.

Sir: I have the honor to acknowledge the receipt of your note of the 16th of November last, in which you state that it is the intention of the Government of the United States that the provisions of article 32 of the treaty of Washington, which relate [Page 215] to Newfoundland, shall cease to be in force, and operation at the same time as the articles recited in the notice of termination given by yon on the 2d of July last which relate to the Dominion of Canada.

I have to state to you, in reply, that Her Majesty’s Government accept this notice as applying to Newfoundland as well as to the Dominion of Canada.

I have, &c.,

GRANVILLE.