THE COLONIAL OFFICE TO THE FOREIGN OFFICE.
26 November 1874
I am directed by the Earl of Carnarvon to acknowledge the receipt of your letter of the 10th instant enclosing a copy of a Despatch from the British Minister at Washington respecting a question raised by the United States Government as to whether cargoes of fish from Labrador were entitled to be admitted into the United States free of duty under the Treaty of Washington of May 1871, as coming either from the Dominion of Canada or the Colony of Newfoundland.
2. It appears from Sir E. Thornton's despatch that on the authority of the Governor General of Canada he has informed the United States Secretary of State that Labrador is under the jurisdiction of Newfoundland and is included in and forms part of that Colony, but I am to point out for the Earl of Derby's information said to have been given by Lord Dufferin (as it would seem in conversation and without having referred to His Government) does not appear to be altogether correct.
3. The Act 6 Geo IV Cap 59 settles the boundaries between Newfound-land and Canada on the Labrador Coast, and Lord Derby will perceive on reference to the 9th sect. of the Act, a copy of which I am to enclose, that part only of Labrador belongs to Newfoundland and the rest to Canada.
4. Lord Carnarvon apprehends, however, that the inaccuracy in Lord Dufferin's alleged statement is of no practical consequence so far as regards the particular question at issue inasmuch as the whole of Labrador belongs either to Newfoundland or to Canada and the produce of the fisheries both of Canada and of Newfoundland are entitled to be admitted free into the United States under the 21st and 32nd Articles of the Treaty of Washington.
I am, &c.
(sd)W. R. MALCOLM.
The Under Secretary of State