No. 279.
Mr. Pendleton to Mr. Bayard .

No. 424.]

Sir: Referring to your instruction No. 195, of the 7th ultimo, covering communication from the Commissioner of Agriculture with reference to the importation of plants into Germany. I have the honor to inclose herewith copies and translations of a note from the foreign office, dated the 23d and received the 24th instant, and of an Imperial decree dated on the 7th of April, 1887. From these it will appear that the prohibition contained in section 2, Imperial decree of July 4, 1883, is suspended, and that importations may be made on the conditions specified.

As the decree of April 7, 1887, suspending the operation of the former decree has been issued since my note, under your instruction, was sent to the foreign office, I think it reasonable to conclude that the action has been taken in consequence of the suggestions therein made.

I have, etc.,

Geo. H. Pendleton.
[Page 388]
[Inclosure 1 in No. 424.—Translation.]

Count Bismarck to Mr. Pendleton .

The undersigned has the honor to communicate to the envoy extraordinary and minister plenipotentiary of the United States of America, Mr. George H. Pendleton, in reply to his note of the 26th of last month, the inclosed printed copy of an imperial decree published on the 7th of April of this year.

In consequence of this decree the importation into Germany of plants with roots from the United States of America, under the stated conditions, is permitted, and the prohibition in section 2 of the decree of the 4th of July, 1883, is superseded.

The undersigned avails himself, etc.,

H. Bismarck.
[Inclosure 2 in No. 424.—Translation.]

Imperial Law Bulletin No. 13.

Contents: Decree concerning the importation of plants with roots from the states which did not take part in the International Phylloxera Convention. Page 155.

(No. 1712.) Decree concerning the importation of plants with roots from the states which did not take part in the International Phylloxera Convention, April 7, 1887.

We, William, by the grace of God German Emperor, King of Prussia, etc., decree in the name of the Empire, with the consent of the Bundesrath, the following:

Section 1. The importation of plants with roots not belonging to the category of grapes, which come from the states which did not take part in the International Phylloxera Convention, of the 3d November, 1881 (Imperial Law Bulletin of 1885, page 125), over the borders of that territory which is composed of the German customs domain and the Imperial possessions lying beyond the German customs limits, is permitted under the following conditions:

(1)
The importation must he exclusively through the places of entrance designated by the imperial chancellor according to section 4 (1) of the decree of July 4, 1883. (imperial Law Bulletin, page 153.)
(2)
The plants must be securely packed, but in such wise that a close examination can be made of the plants as well as of the packing.
(3)
The importation can only be made when an investigation, made at the place of entrance at the cost of the importer, removes the suspicion of phylloxera.

In the foregoing circumstances the provisions of the section 6, of the decree of July 4, 1883, apply.

Section 2. The Imperial chancellor will take the necessary measures to carry into effect the foregoing regulations, particularly the appointment of experts, who are to be intrusted with the execution of the investigation mentioned in section 1 (3), and the regulation of the cost of the investigation.

Section 3. The instruction in section 2, of the decree of July 4, 1883 (Imperial Law Bulletin, page 153), is revoked.

Witness our hand and Imperial seal.


  • Wilhelm.
  • Von Boetticher.