to Mr. Blaine
Vienna , March 19, 1881. (Received April 2.)
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.,