Mr. Gresham to Mr. Alexander.

No. 43.]

Sir: This Department has given careful consideration to the declaration signed by yourself and Mr. Stephanos on the 19th day of July last, to the effect that the treaty of December 10/22, 1837, between this country and Greece, confers upon the citizens or subjects of either country in the dominions of the other the same rights as respects trade-marks, industrial designs, and patterns as such citizens or subjects enjoy in their own country.

An examination of the treaty of 1837 has failed to satisfy the Department that it is susceptible of this interpretation. The “declaration” is therefore deemed to be practically a new treaty, and as such could only be ratified by the President of the United States by and with the advice and consent of the Senate. Since the concurrence of the Senate is necessary for the accomplishment of the object in view, it is deemed best that this object should be set forth in a regular and formal convention, instead of in a mere declaration.

You have already been furnished with a draft for a convention and with full powers to sign the same. You will therefore explain to the Greek minister of foreign affairs the difficulty in the way of this Government adopting the “declaration,” and suggest to him the advisability of executing the more formal instrument. This, after being signed, should of course receive such further ratification and assent as by the constitutions of the respective countries may be necessary to the completion of treaties.

I am, etc.,

W. Q. Gresham.