No. 171.
General Schenck to Mr. Fish.

No. 440.]

Sir: Referring to your confidential dispatch 400, I have to inform you that on the 1st instant, being in conversation with Lord Granville, the subject of the proposed joint note to the maritime powers relative to the three rules under the treaty of Washington was mentioned, and I drew from him a statement of his view of the present position of the correspondence. He said that Sir Edward Thornton had expressly reported that he not only read to you but communicated to you a copy, in writing, of the instructions which were sent to him from here, in answer to your note addressed to the British legation at Washington. This his lordship said he certainly considered as, in usage if not technically, equivalent to the delivery of a note in reply addressed directly to yourself. Precedents were referred to to sustain this view of the practice often prevailing in diplomatic correspondence.

Lord Granville thinks, therefore, that he may expect and await, as the next step in this matter, your response to or comments on his communication made through Sir Edward Thornton.

I immediately after the conversation telegraphed the substance of it to you, and I transmit herewith a copy of that telegram.

I have, &c.,

ROBT. C. SCHENCK.
[Inclosure.—Telegram.]

General Schenck to Mr. Fish.

Respecting note to maritime powers, Lord Granville understands that Thornton not only read to you, but gave you a copy of his instructions, and regards this as in usage equivalent to a written answer by note.