Ambassador White to the Secretary of State .

No. 246.]

Sir: With reference to your instruction No. 106, of 7th ultimo, I have the honor to inform you that Mr. Hitt had a conversation on the 28th ultimo relative to the counterfeiting of our consular seal at Palermo with the under secretary of foreign affairs, who said that the procurator-general had appealed the case, and that he quite concurred in your suggestion that if it should turn out that the laws of Italy contain no provision on the subject, an exchange of notes between that Government and ours with a view to [Page 941] an agreement on the part of both Governments to use all proper efforts to secure legislation would be desirable. He added that a note would shortly be sent to Mr. Hitt in reply to mine of the 9th of June, but so far it has not been received.

Yesterday, in the course of an interview with the under secretary, I mentioned the matter and he repeated substantially what he had said to Mr. Hitt on the 28th ultimo, adding, however, that as it is quite possible that the court of appeals may discover some law of this country bearing upon the subject, he thought it better that the suggested exchange of notes between the two Governments should not take place until after the judgment of that court had been pronounced.

Signor Pompilj said that the note of which he had spoken to Mr. Hitt as about to be sent had been delayed owing to the necessity of its passage through several departments, but that it would contain nothing beyond what he had already said to Mr. Hitt and to me.

I have read with interest the memorandum which accompanied your instruction No. 106 and I entirety agree with the views set forth in its final paragraph.

I have, etc.,

Henry White.