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PROHIBITION OF AMERICAN CATTLE.
Mr. Gresham to Mr. Runyon.
DEPARTMENT OF STATE,
Washington, October 27, 1894. German ambassador has notified me of intended prohibition of imports of American cattle and fresh meats, owing to alleged discov. ery of Texas fever in two recent shipments, with compulsory slaughter of cattle shipped before 28th instant. I'have earnestly represented to the ambassador the injury this apparently needless and harsh meas. ure will cause. The only cattle which communicate Texas fever are those from a well-defined district in southern part of the United States, from which district export is not permitted. Our regulations and inspection are amply sufficient to prevent such exportation. The enforcement of the German prohibition will be regarded here as unfriendly and retaliatory and be an obstacle to the repeal of the tax of one-tenth a cent a pound imposed by the present tariff law upon all sugars coming from bounty-paying countries. Since the adjournment of Congress it has been the President's intention to advise the repeal of that tax, and it still is his intention to do so. You are enjoined to immediately and impressively urge that, in the interest of both countries, the contemplated prohibition be not enforced.
Mr. Runyon to Mr. Gresham.
BERLIN, October 28, 1894. Telegram received this morning. I have seen minister for foreign affairs and made urgent representations according to instructions. Immediate action or reply not probable on account of present Government conditions.
Mr. Runyon to Mr. Gresham.
EMBASSY OF THE UNITED STATES,
Berlin, October 29, 1894. (Received November 12.) SIR: I have the honor to acknowledge the receipt of your cipher telegram on Sunday morning the 28th instant. When it came I had just received information of the new prohibitory regulation and had just written a dispatch to be sent to the State Department on the subject, on the assumption that the Department was not aware of the action of the German Government. Herewith I send a copy (with translation) of the document promulgating the decree in Hamburg. It will be noticed that it is dated on Saturday, October 27, while the decree excluded all beef cattle and fresh beef sent from the United States after the next day, Sunday, the 28th. At once, on the same day and within a few hours from the time of the receipt of the telegram, I applied for and obtained an interview with Baron von Marschall, the imperial secretary of state for foreign affairs, on the subject and dis
cussed the matter with him fully, presenting as forcibly as I was able (among others) all the views and considerations expressed in your dispatch to me, and I strongly urged that the interest of both countries demanded that the prohibition be not enforced.
In a previous conversation with him he had represented the great desirability of the repeal of the tariff tax on sugar from bounty-paying countries, and I reported the substance of that conversation to you in my dispatch on the subject of the patent law (No. 145, dated October 23, 1894). Baron von Marschall said he thought that the time was not opportune for the action complained of because of the liability to misconstruction to be thought to be retaliatory merely-but he insisted upon it, however, that it was not intended to be in any wise retaliatory or to be so regarded, but was merely, and was so intended to be, a sanitary regulation which had been deemed absolutely necessary for the protection of cattle in Germany. He also disclaimed responsibility for the action, and stated that it was taken at the instance of the Prussian minister of agriculture. You will see, I may remark, by the copy of the instrument promulgating the decree in Hamburg that the action was by the German Government and was taken by the imperial chancellor.
In view of my representations on the subjectof the ability of the United States to prevent the exportation of cattle affected with Texas fever, and of the considerations which I presented to him of the extraordinary sweeping character of the prohibition, which makes no discrimipation whatever and even includes American fresh beef, he promised to give the matter such consideration as he could and asked me to send him in writing the statement I had made verbally as to the ability' of the United States to prevent the exportation of cattle affected by Texas fever. I prepared such statement and sent it accordingly, and I herewith inclose a copy of it as part of the history of my action in the matter. I have the honor, etc.,
(Inclosure 1 in No. 146.—Translation.-Official gazette of the free and Hanse city Hamburg.]
PROCLAMATION OF THE SENATE.
Proclamation relating to the prohibition of the importation from America of living beef
cattle and fresh beef. No. 111.)
SATURDAY, October 27, 1894. The imperial chancellor, on the strength of paragraph 4, page 2, of the imperial law of June 23, 1880, concerning protection against and suppression of cattle diseases, after the arrival here of two shipments of American cattle containing sick animals, and after the certification by the imperial health office that the sickness is “ Texas fever,” has ordered tlfe prohibition of the importation from America of living beef cattle and fresh meat. On the strength of paragraph 7 of the said law it is therefore ordered that,
The importation of living beef cattle and fresh beef from America is forbidden. The importation will nevertheless be permitted of such shipments as have left America before and including the 28th instant. The cattle the importation of which, according to the above provision, is still to be permitted must, however, be slaughtered at once in the slaughterhouse at this place.
Offenses against this prohibition will, according to paragraph 66 of the imperial law concerning protection against and suppression of cattle diseases, be punished with a fine up to 150 marks or arrest, in so far as no greater penalty is prescribed by law. In addition to this punishment the cattle or fresh meat imported in contravention of this prohibition will be confiscated, whether the cattle or meat belong to the offender or not.
Given at the session of the Senate, Hamburg, October 26, 1894.
[Inclosure 2 in No. 146.?
Mr. Runyon to Baron Marschall.
EMBASSY OF THE UNITED STATES OF AMERICA,
Berlin, October 28, 1894. The undersigned, ambassador, etc., of the United States of America, begs leave to refer to the conversation had with His Excellency Baron Marschall von Bieberstein, imperial secretary of state for foreign affairs, to-day, in which the undersigned, under positive instructions from his Government, earnestly urged that the contemplated probibition against American beef cattle and American fresh beef be not enforced. In that interview the subject was indeed fully discussed and the views of the Government of the United States as to the proposed measure were presented at length. The undersigned, nevertheless, in calling his excellency's attention again to the fact that the shipping of cattle
affected with Texas fever from the United States can be wholly prevented, begs leave very respectfully to avail himself of the occasion to renew his representations of the great injury which will be caused to American commerce in that direction by the enforcement of the measure complained of.
The measure was not only sudden and unexpected it appears to have been promulgated only on the day before yesterday), but is harsh and unnecessary, going, as the undersigned respectfully submits, very far beyond the requirements of any reasonable sanitary consideration. It excludes not only all American beef cattle whatever, without exception, qualification or discrimination, or reference to condition, but even all American fresh beef whatever, merely on the ground that it is said that in two recent shipments of American live cattle Texas fever was found to exist. The main object of this communication is very respectfully to call his excellency's attention to the representation made by the undersigned in the interview above spoken of, under the instructions before referred to, that the only cattle that can communicate the disease known as Texas fever are those from a well-defined district in the southerly part of the United States and that the American regulations and inspections are amply sufficient to prevent the exportation of cattle from that district.
The undersigned, begging leave to repeat his request that the measure referred to be not enforced, avails himself of the occasion to renew to his excellency the assurance of his most distinguished consideration.
Baron Saurma to Mr. Gresham.
IMPERIAL GERMAN EMBASSY,
Washington, October 31, 1894. MR. SECRETARY OF STATE: That which I had the honor to express on several occasions to your excellency as my personal opinion is now officially confirmed by instructions which I have received from Berlin.
The Imperial Government when it decreed the prohibition of cattle, far from intending it as a retaliation, was merely prompted by veterinary considerations.
By expert authority the existence of cases of sickness was established in two separate cargoes, which were recognized with absolute certainty as Texas fever, and only thereupon was the prohibition of importation issued.
There remained no doubt that in Germany one must have recourse to protection against this dangerous disease, which heretofore had not made its appearance among cattle there, and that a resort to prohib. itory measures was compulsory.
Notwithstanding the immediate existing danger, all shipments from the United States made up to the 29th of October were admitted out of special consideration under compulsory slaughter on landing.
The action taken in this case is exactly the same pursued toward all other countries whose cattle show any symptoms of contagious disease germs.
The Imperial Government believes that the Government of the United States has the less ground for complaint, as its own sanitary regulations are specially severe toward foreign countries, as section 7 of the act of August 30, 1890, and No. 5 of the provisions for its execution exemplify. Accept
Mr. Gresham to Baron Saurma.
DEPARTMENT OF STATE,
Washington, November 5, 1894. EXCELLENCY: A brief illness has prevented my earlier acknowledg. ment of your note of the 31st ultimo, in which, under instructions from Berlin, you confirm the personal opinion, previously expressed on several occasions, that the recent prohibition against the importation of American cattle and fresh meats into the Empire was not intended as a retaliation, but was solely prompted by veterinary considerations.
In reply, it is due to state that instructions have been given by the competent authorities of this Government for even more rigid measures of inspection and control of cattle and dressed meats for export than those of which I have had the bonor to advise you; and it is hoped that the German Government will speedily revoke its prohibitory orders. Accept, etc.,
W. Q. GRESHAM.
Mr. Runyon to Mr. Gresham. No. 155.]
EMBASSY OF THE UNITED STATES, Berlin, November 15, 1894. (Received November 30.) SIR: I beg very respectfully to report progress in the matter of the prohibition by the German authorities of American cattle and American fresh beef. I yesterday again called upon Baron von Marschall, imperial secretary of state for foreign affairs, in reference to it, and was informed by bim that the subject is still under investigation, no conclusion having yet been reached, and that so soon as the authorities shall be able to determine what course sanitary considerations (which it is insisted are alone involved in and the cause of the existing prohibition) render it expedient to pursue, whether to continue or withdraw or modify the prohibition, action will be taken accordingly, and the result will be communicated without delay. I have, etc.,
ADDITIONAL DUTY ON GERMAN SUGAR.
Washington, July 16, 1894. With regard to the levying of an identical ad valorem duty of 40 per cent on sugar from all countries, with the addition of one-eighth of a cent per pound on sugar above No. 16 Dutch standard, the German Government will refrain from making any observations, although German sugar, since it is of better quality than the inferior grades of sugar from the competing countries, is there by placed at a disadvantage, as compared with those inferior grades. The German Government must, however, regard the discrimination against German goods by levying a duty thereon of one-tenth of a cent additional per pound as an injury to the German sugar trade which can not be reconciled with the treaty stipulations now in force between Germany and the United States. The payment of a bounty is a purely domestic matter, and is not to be considered in connection with the establishment of duties between States which, like Germany and the United States, sustain the relation of most favored nations toward each other. The United States might, for instance, with the same reason assert that German manufacturers in any particular branch of industry paid lower taxes than elsewhere, and then, in order to bring about a so-called equalization, levy a discriminating duty on the German product concerned on its importation into an American port. It is quite evident that such a view of the case would render the most-favored-nation clause altogether illusory.
While the Imperial Government can not thus do otherwise than regard the addition of one-tenth of a cent per pound as being at variance with the treaty, the German sugar producers declare, on the basis of accurate computations made by them, that this addition would, in fact, drive out German productions from the American market. The addition, moreover, falls more heavily upon the sugar industry of Germany than it does upon that of other bounty-paying countries, since the German bounty, which, in the year 1897, is to be discontinued entirely, is by no means as high as those of Austria and France, and does not even approximately compensate the exporter for the loss entailed upon him by the additional duty.
The excitement which prevails in German agricultural and manufacturing circles on account of this mequitable treatment of a German production, is the more vehement and the less easily resisted, inasmuch as it is generally believed that the United States, in the agreement of August 22, guaranteed exemption to Germany from the duty on sugar, in return for the concession of the conventional duties on American agricultural products and the removal of the restrictions on the importation of swine.
Ilowever fully the Imperial Government is convinced that the passage of the resolution fixing the duty on sugar, which has been adopted by the Senate, is not to be considered as an act unfriendly to Germany, yet it is so considered in many quarters. The Imperial Government is consequently at present unable to say whether it will be possible for it, in view of the increasing agitation on account of the proposed measure, to restrain the interested parties from demanding retaliatory action, which the Imperial Government, owing to the friendliness and fairness that characterize its intercourse with the United States, desires to avoid,