the
United States and of her Majesty, at the Hague, should be authorized
to see if they could not agree upon some Dutch gentleman to act as
third Commissioner, who would be acceptable to both Governments." Mr.
Fish replied to Sir Edward, two days later, that in regard to the plan
of selecting "some Dutch gentleman," through the American and English
Ministers at the Hague, he was directed by the President to say that
such mode of appointment "varies from the provisions of the treaty,
which has received the Constitutional assent of the Senate. The
President, therefore, does not feel himself at liberty to entertain
a proposition which would require the conclusion of a new treaty in
Constitutional form before the proposition could be assented to by the
United States." Mr. Fish added, with a justifiable brusqueness not
often found in his diplomatic correspondence, that "it is deeply to be
regretted that _her Majesty's Government has made no effort to comply
with that provision of the Twenty-third Article of the Treaty, whereby
it was agreed that the third Commissioner should be named by the
President of the United States and her Brittanic Majesty conjointly_."

A reply came from Sir Edward on the 1st of October. To Mr. Fish's
charge that no effort had been made on the part of her Majesty's
Government, he answered by reminding him that he had proposed Mr.
Delfosse, and also "some Dutch gentleman" to be agreed upon by the
Ministers of England and the United States at the Hague. Mr. Fish
replied on the 3d of October, in a somewhat caustic review of the
entire correspondence, in which he clearly proved that "the effort of
this Government to carry into execution the provisions of the
Twenty-third Article of the treaty have hitherto failed _from no
fault or negligence on its part_." He closed his note by renewing the
statement that "the President earnestly hopes that the two Governments
will yet agree upon a third Commissioner, and to that end is willing
to waive the question of the time within which the joint nomination
should be made."

After protracted correspondence Sir Edward advised Mr. Fish that her
Majesty's Government considered that the three months having expired,
the appointment of the third Commissioner rested with the
representative in London of the Emperor of Austria and King of Hungary.
Mr. Fish argued to the contrary in a dispatch of October 25th. He
was unable to perceive that any right of nomination had