No. 239.
Mr. Ranter to Mr. Marsh.
Washington, September 8, 1871.
Sir: Referring to your dispatch No. 366, relating to the new duties imposed by the Italian government on petroleum, I have to state that although the position of the United States relative to the treaty between France and Italy of January 17, 1863, may not justify you in claiming for this Government the right to dispute a construction accepted by the [Page 313] parties to that instrument, yet you may argue in favor of a compromise which shall exempt cargoes afloat from the application of the new tariff until we have had time to receive notice of the change. The treaty with France remains in force until one year after notice of the intention to abrogate it. Ton may argue that France might treat the enactment of the new Italian tariff, as notice of an intention to abrogate, pro tanto, the treaty of 1863. France may give immediate or postponed effect to such notice.
Italy may gracefully give us the same option, and we give effect to the notice as soon as our cargoes afloat have arrived. It may at least be urged that the cargo of the Nazzarino which arrived on the night of June 30, the day before the treaty took effect, “should be admitted under the old tariff.
I am, &c.,
Acting Secretary.