No. 332.
Mr. Fish to Mr. Watson.

Sir: I have to acknowledged the reception of your note of 17th instant, wherein, in obedience to an instruction from Her Majesty’s principal secretary of state for foreign affairs, you state that, on the understanding that the draft reciprocity treaty for the reciprocal regulation of the commerce and trade between the United States and Canada, as agreed to by you, (me,) will be considered by the Senate in December next, Her Majesty’s government will await the final result of the consideration which the treaty may then receive in the Senate before taking any fresh steps with regard to the fisheries commission, and that you are further directed by the Earl of Derby to add that Her Majesty’s government wish it to be clearly understood that their right to revert to the provisions of the treaty of Washington for the appointment of the fisheries commission is in no way predjudiced by the delay that has occurred or that may occur in consequence of the proceedings with reference to the reciprocity treaty.

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I have the honor to call your attention, in connection with the reference to the treaty “as agreed to by you,” (me,) to the fact that the proposed draft of the treaty was not signed by me, and that it was presented by the President to the Senate as a draft of a treaty submitted to the Secretary of State by the plenipotentiaries of Her Britannic Majesty at Washington for the consideration of the President. The injunction of secrecy having been removed, I have the honor to inclose a copy of the message of the President transmitting the draft of the treaty to the Senate, and a report from myself to the President showing the extent to which the proposed treaty may be said to have been agreed to.

I should further observe that, while the Senate has postponed the subject “to the next session of Congress, commencing in December next,” that body has not given any assurances that the consideration of the treaty will be had during the month of December next.

I make these statements to avoid the possibility of misapprehension of silence, under the declaration contained in your note, the slight errors implied in your communication being, as I infer, the result of accidental misinformation as to the actual action of the several branches of the Government in relation to the proposed treaty.

With respect to the concluding part of your note, it is fully understood on the part of this Government that no rights under the treaty of Washington, which may have existed in behalf of either party thereto at the date when the negotiations with respect to the proposed reciprocity treaty were begun, are to be prejudiced by the delay which has occurred, or that may occur, in consequence of such negotiations up to the action of the Senate upon the proposed treaty.

I have, &c.,

HAMILTON FISH.