No. 31.
Mr. Kasson
to Mr. Blaine.
Legation of
the United States,
Vienna, March 19, 1881.
(Received April 2.)
No. 438.]
Sir: The interests at work to obstruct the
competition of American swine meat and swine product in the markets of this
monarchy have finally succeeded in their purpose.
On the 16th instant appeared here in the official journal, the Weiner
Zeitung, an ordinance, of which inclosure 2 is a translation. A copy of the
original publication is inclosed herewith.
I had previously private information that the two governments had resolved to
effect their purpose in some form, notwithstanding the official
representations I had made of the absence of just sanitary grounds on which
to base such an ordinance. If my remonstrances had any effect, it was only
to induce them to abstain from alleging disease in the articles prohibited.
The order is a simple, naked prohibition, without alleged sanitary causes or
other reasons. It might equally apply to American flour.
But this form leaves it a patent and bare violation of the fifth article of
our treaty of commerce of 1829. This appeared to me to more than justify a
formal protest on my part against it, even had this not been required by the
instructions of the telegram addressed to me by Mr. Evarts, under date of
the 25th of February. A copy of my protesting communication to Baron
Haymerle is inclosed herewith, and I hope it may be approved by my
government as within my instructions, and as proper in form. I could not
permit to pass without protest an order so plainly ignoring the obligation
of a treaty.
If they should seek to justify the order by hereafter alleging disease in the
American swine product, still there remain the need of proof, and even if
proved, the inequality of national treatment against which the treaty
stipulates. Their own official records show the presence of the disease in
the like products of neighboring countries which are not included in the
prohibition. The Secretary will observe that in my two previous notes to the
foreign office, I carefully kept in view the two claims of my
government—actual disease to be shown and one rule to be applied to all
nations without discrimination against the United States.
The injustice and inequality of the order are evident. Its folly will be
apparent from the fact that it will lead to the illicit introduction of
American swine meat under the disguises of other nations.
I have, &c.,
[Inclosure 1 in No.
438.—Translation.]
Copy of ordinance of prohibition.
Ordinance of the ministries of the interior, of
commerce, and of finance, of the 10th March, 1880, relating to the
prohibition of the importation of hogs, swine meat, lard, and sausages
from the United States of North America.
In agreement with the royal Hungarian government, the importation of
hogs, of swine meat df every kind, of lard, of sausages of every sort
from the United States of North America into the Austro-Hungarian
monarchy is prohibited.
This prohibition will go into force with the day of its publication.
- TAAFFE, M. P.
- DUNAJEWSKI, M. P.
- PINO, M. P.
[Page 45]
[Inclosure 2 in No. 438.]
Mr. Kasson to Baron
Haymerle.
United
States Legation,
Vienna, March 18,
1881.
The undersigned, envoy extraordinary and minister plenipotentiary of the
United States of America, begs to call the particular attention of his
excellency Baron Haymerle, imperial and royal minister for foreign
affairs, to the following observations:
In the Wiener Zeitung of the 16th instant appears the following official
publication:
Verordnung der Ministerien des Innern, des
Handels und der Finanzen vom 10. März 1881 betreffend das Verbot
der Einfuhr von Schweinen, Schweinefleisch, Speck und Würsten
aus den Vereinigten Staaten von Nord-Amerika.
Im Einvernehmen mit der kön. ungarischen Regierung wird die
Einfuhr von Schweinen, von Schweinefleisch aller Art, von Speck
und Würsten jeder Gattung aus den Vereinigten Staaten von
Nord-Amerika an die österreichisch-ungarische Monarchie
verboten.
Dieses Verbot tritt mit dem Tage seiner Kundmachung in
Wirksamkeit.
TAAFFE, M. P.
DUNAJEWSKI, M. P.
PINO. M. P.
From this it appears that alike in Hungary and in Austria, without
previous notice to or understanding with the Government of the United
States, an unconditional prohibition has been imposed on the importation
of an important article of commerce, the produce of the United States.
This prohibition appears to be exceptionally applied to the produce of
the United States, and not to extend to other nations.
The treaty of commerce and navigation concluded between the two nations
on the 27th of August, 1829, adopted a system of “perfect reciprocity,
based upon principles of equity equally beneficial to both countries.”
Article V of that treaty, in conformity with that system, provided for
mutual and exact equality of treatment, so that no other or higher
duties should be imposed on the produce or manufactures of either than
those imposed upon the like article the produce or manufacture of any
other country. It is further, in the same article, expressly agreed as
follows: “Nor shall any prohibition be imposed on the
importation or exportation of any article the
produce or manufacture of the United States or of the dominions
of Austria, to or from the ports of the United States, or to or from the
ports of the dominions of Austria, which shall not
equally extend to all other, nations”.
The Government of the United States is unable to reconcile the official
order above quoted with the provisions of the treaty and the obligations
imposed alike on both governments.
The undersigned must, therefore, protest in the name of his government
against the said order and its enforcement, and reserves all rights of
reclamation, both for his government and for its citizens, on account of
the injury and damage which may result therefrom.
The undersigned begs his excellency Baron Haymerle to accept herewith the
very cordial assurances of his distinguished consideration.
His Excellency Baron Haymerle,
Imperial Royal Minister for Foreign Affairs,
&c., &c., &c.
