Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1890
Mr. Phelps to Mr. Blaine.
Berlin, June 30, 1890. (Received July 12.)
Sir: In transmitting to the Department a copy and translation of the note of Freiherr von Marschall, dated the 23d instant, covering the copies which he has sent us of the various decrees affecting the importation into the German Empire of horned cattle, hogs, and hogs’ meat of American origin, you will notice that he explains and excuses such legislation “on account of the diseases of cattle existing in the United States.”
I have, etc.,
Baron Marschall to Mr. Phelps.
Berlin, June 23, 1890.
The undersigned has the honor, complying with the request contained in the communications of January 3 and March 21 last, to transmit herewith and place at the disposal of the envoy extraordinary and minister plenipotentiary of the United States of America the decrees enumerated in the inclosed list which are in force in Germany regarding the importation of homed cattle, hogs, and hogs’ meat of American origin.
These printed documents will furnish answers to the various questions contained in the communication of March 21 last.
As regards the suggestion for the removal or amelioration of the decrees restricting the import of American cattle, the Imperial Government is not in a position to change the present state of affairs on account of the diseases of cattle existing in the United States.
The undersigned avails, etc.,
A decree respecting the prohibition of the importation of swine, pork, and sausages of American origin.
We, William, by the Grace of God, German Emperor, King of Prussia, etc., decree, in the name of the Empire, with the approval of the Bundesrath, as follows:
- Section 1. The importation of swine and pork, including sides of bacon and sausages of all kinds of American origin is hereby prohibited until further notice.
- Sec. 2. The chancellor of the Empire is authorized to grant exceptions to the above prohibition, provided that the necessary precautionary measures be adopted.
- Sec. 3. The decree of June 25, 1880, prohibiting the importation of pork and sausages from America is hereby repealed.
- Sec. 4. This decree shall take effect 30 days after promulgation.
In testimony whereof, we have affixed our signature and imperial seal.
Regulations for the execution of the imperial decree respecting the prohibition of the importation of swine, pork, and sausages of American origin of March 6, 1883.
The Bundesrath has approved, in its session of April 11, 1883, the following regulations for the execution of the imperial decree respecting the prohibition of the importation of swine, pork, and sausages of American origin of March 6, 1883:
(1) When swine or pork, including sides of bacon and sausages of all kinds, are imported from foreign countries, proof must be furnished that they are not of American [Page 312] origin, either by a certificate of the German consul in the foreign district from which the importation is made or by a similar certificate from the competent police authorities of the country of origin. In the latter case the competency of the certifying police magistrate must be specially authenticated by the German consul. Such authentication shall not, however, be required in commercial transactions with Austria-Hungary in the case of certificates of origin issued or authenticated under the treaty concluded with that country February 25, 1880.
If the certificate of origin is not made out in the German language, an officially certified German translation must, at the request of the authorities having charge of importation or of transmission to the interior, be appended by the importer or dealer.
Certificates of origin must be issued by the authorities above mentioned (German consul and police authorities) not more than 30 days before the arrival of the shipments on the German frontier; such certificates are to be delivered, at the time of importation, to the frontier receiving office, or to such other officer as may have charge of importation, and are to be retained there.
(2) When live hogs are imported from foreign countries, they must be described in the certificates of origin as accurately as possible, as regards their number, breed, color, and other distinguishing external characteristics; it must also be certified therein that the animals have been raised in * * * (Austria-Hungary, Belgium, etc.), and that, for the 30 days preceding their shipment to Germany, they have been kept in a place (which must be specially designated) in the district in which the attesting office is situated.
When live pigs weighing less than 10 kilogrammes are imported, the designation thereof in the certificate of origin, according to number and breed, and a certificate that they were born in * * * (Austria-Hungary, Belgium, etc.) shall be sufficient.
(3) When pork, including sides of bacon and sausages of all kinds, is imported from foreign countries, a certificate shall be produced in which (a) the kind of goods, the number of packages, and the manner of packing and the label are stated; in such cases large lots may be identified by a stamp affixed by the competent police authorities; (b) a statement of the name and residence of the packer who has put up the goods must be therein contained, as likewise a certificate to the effect that the residence of the packer is in the district in which the certifying (non-American) office is situated, that the packer is not engaged in packing pork or bacon of American origin, or with the purchase or sale, or in otherwise dealing in such articles of American origin; and, finally, that the goods imported are from animals of non-American origin.
(4) The consular authentication of the certificates of origin may be dispensed with, in accordance with an order from the director of the frontier receiving office, or from the authorities having charge of importation, when there is no doubt that the certifying authority is the competent police authority of the country of origin. When live hogs are imported, the production of the certificate of origin may be dispensed with, provided that the above-named director consents, when there is no doubt that the animals have been brought from other countries than America; therefore, especially when the non-American origin is shown by the presentation of invoices, original bills of lading, commercial correspondence, or otherwise.
(5) The foregoing provisions may be set aside by the governments of districts in the case of frontier trade on a small scale; no special proof of the origin of the goods shall, moreover, be required in cases in which the goods in question are brought by travelers among their baggage for their own personal use.
(6) If the necessary certificates of origin are wanting when the animals and goods in question are imported, or if the certificates accompanying the shipment do not meet the present requirements, or if the shipments do not agree with their certificates of origin, and if it is impossible to furnish a satisfactory explanation thereof immediately, then, if no punitory measures are to be adopted on account of violation of the prohibition in question, the goods shall be sent back according to section 139 of the union customs law.
(For the Chancellor of the Empire.)
The report of the royal government of Schleswig, bearing date of the 15th instant, has been received, and in reply I have to say that there is no occasion in the case of neat cattle imported from England to deviate from those measures whose adoption has been deemed advisable for the protection of our cattle from pleuro-pneumonia, which prevails so extensively in England.[Page 313]
I therefore order that all cattle introduced into Schleswig-Holstein from Great Britain shall he subjected, at the place of landing, to inspection for a period of 4 weeks in some locality where it will be impossible for them to come in contact with native cattle, and that they shall not be allowed to be driven or conveyed inland until the official veterinarian, after the expiration of the period of inspection, shall have pronounced them free from any contagious disease. Cattle from Great Britain that are introduced by rail shall, on reaching their place of destination, be subjected to a similar inspection in a suitable locality.
Inasmuch as the same reasons exist for the inspection of cattle from America, whether they are from Canada or any other part of that continent, I hereby instruct the royal government hereafter to subject cattle imported from America to inspection at thep lace of landing for a period of 4 weeks, instead of 10 days, as has hitherto been done.
The royal government will duly communicate the foregoing orders to cattle-importers and ship-owners in Schleswig.
Minister of Agriculture, Domains, and Forests.
To the royal government of Schleswig.
A copy is sent to the royal prefect for his information, with instructions to order cattle imported from England and America to be subjected in like manner to inspection for a period of 4 weeks.
The other prefects concerned have been similarly instructed.
Acting Minister of Agriculture, Domains, and Forests.
To the royal prefects at Liineburg, Stade, Aurich, and Osnabrück.
With a view to preventing the introduction of cattle diseases, it is hereby ordered that neat cattle imported into the duchy from Great Britain or America shall, on landing, be subjected, until further notice, to the inspection of a veterinarian for a period of 4 weeks, at the expense of the parties interested, in a locality to be designated by the proper authorities, where it will be impossible for them to come into contact with native cattle. If, at the expiration of the above-named period, the cattle have been pronounced by the veterinarian to be free from any contagious disease, they shall be allowed to be driven or conveyed inland.
Any person violating this regulation shall be punished by a fine not exceeding 150 marks, unless another penalty is provided in the penal code.
The ministry of state, department of the interior.
For insertion among Oldenburg announcements.
A decree respecting the prohibition of the importation of pork and sausages from America.
Inasmuch as the importation of cut pork and sausages of all kinds from America has been prohibited until further notice by the imperial ordinance of June 24, 1880, the said prohibition not having reference to the importation of whole hams and sides of bacon, the chancellor of the Empire being authorized to grant exceptions thereto and to adopt such precautionary measures as may be necessary, the senate hereby decrees that any violation of this prohibition in cases not subject to the penal provisions of the union customs law of July 1, 1869, shall be punished by confiscation of the imported articles and by a fine not exceeding 1,000 marks.
A decree respecting the prohibition of the importation of swine, pork, and sausages of American origin.
Inasmuch as the importation of swine, pork, and sausages of American origin is prohibited by the imperial decree of March 14, 1883, the senate hereby orders that any violation of that prohibition in cases not subject to the penalties of the union customs law of July 1, 1869, shall be punished by confiscation of the imported articles and by a fine not exceeding 1,000 marks.
With the approval of the chancellor of the Empire, authority is hereby given, on the basis of section 2 of the aforesaid imperial decree, to import into the free port district of Bremen whole sides of bacon and salt pork of American origin for reëxportation to foreign countries, and likewise salt pork for provisioning sea-going vessels, provided that the following precautionary directions be observed:
(1) It shall be the duty of owners of vessels, of corresponding outfitters of vessels belonging in this port, or of correspondents (residing in the territory of Bremen) of vessels not belonging in Bremen, or of any other persons having charge of the business of vessels, to deliver, on the arrival of a vessel, an accurate list of the articles composing the cargo thereof.
The same shall be done by the captain in the case of articles not mentioned in the manifest that are to be landed.
(2) Any person desiring to avail himself of the privilege of importing salt pork or whole sides of bacon of American origin for reëxportation to foreign countries, or salt pork for provisioning sea-going vessels, must previously petition, the revenue authorities to allow him to keep a private bonded warehouse for that purpose.
A private bonded warehouse shall be granted only to dealers who keep a regular set of books and who enjoy the confidence of the revenue officers. The concession is revocable, and, when granted, security to the amount of 5,000 marks shall be furnished.
(3) On the arrival of the goods the receiver shall, in addition to the declaration of the same, deliver to the revenue authorities a statement of their quantity, weight, and marks and numbers, together with other particulars, as the said revenue authorities may direct.
The statement is to be delivered, together with the declaration of the goods, no matter whether the articles are landed at Bremen or Bremenhaven, or are transshipped.
(4) The owner of a private bonded warehouse shall deliver to the revenue authorities each month a specified statement of the quantity exported or transshipped, or sent to provision vessels, or sold to the owner of another private bonded warehouse without exportation, and he shall each year deliver to the revenue office, as it may direct, a general statement of the amount of business done by him.
(5) The revenue authorities shall keep, on the basis of the foregoing statements, a record of what is received, sent out, and kept on hand in the above-named bonded warehouses.
(6) The revenue authorities are at all times authorized to inspect bonded warehouses. It shall be the duty of the owners thereof to render such assistance as may be required for a thorough inspection.
(7) All declarations, statements, and accounts mentioned in this ordinance shall be made by the parties interested under oath and shall be subscribed by them.
Any violation of these directions shall be punished by a fine not exceeding 300 marks.
This decree shall take effect April 13, 1883.
A proclamation respecting the prohibition of the importation of swine, pork, and sausages of American origin.
The following regulations for the execution of the imperial decree of March 6, 1883, which were adopted by the Bundersrath in its session of the 11th instant, are hereby made public, with the remark that the prohibition to import also extends to transit.
At the same time, the following is made known concerning the execution of the regulations, which is to be in charge of the office for the collection of indirect taxes and imposts.[Page 315]
- Section 1. Swine and pork, including sides of bacon and sausages of all kinds, of non-American origin arriving here by sea from foreign countries shall not be admitted until their non-American origin has been satisfactorily shown.
- Sec. 2. Such evidence shall be furnished to the bureau of declaration in the manner required by the regulations, the declarations required by the law of March 27, 1874, being presented.
- Sec. 3. Without the declaration mentioned in section 2, the articles mentioned in section 1 shall not pass the port of entry, nor shall they be brought to land or removed from one vessel to another.
- Sec. 4. As regards the usage to be accorded to salt pork and sides of bacon of American origin arriving here, reference is made to the provisions of the proclamation of April 2, 1883, section 1, paragraph 1, of which must be modified as follows:
On and after April 13 of this year the importation of swine and pork, including sides of bacon and all kinds of sausages, of American origin shall be prohibited under the penalties provided in section 20 of the union customs law of July 1, 1869, viz: According to circumstances, confiscation of the articles imported in disregard of the prohibition and a fine amounting to double the value of the same.
At the same time permission is granted to the owners of such quantities of goods affected by the prohibition to import as have been received in bond here before the 30th of April, 1883, in their own interest, and for the avoidance of any subsequent extensions that may hereafter be made, to hand in lists of the bonded articles to the bureau of declarations within 3 days, the said bureau being authorized to certify to the correctness of the amount declared to be in bond and to issue an official certificate to that effect.
A proclamation respecting the prohibition to import swine, pork, and sausages of American origin.
With reference to the imperial decree respecting the prohibition of the importation of swine, pork, and sausages of American origin, bearing date of March 6, 1883, and also in pursuance of an understanding had with the chancellor of the Empire, in accordance with section 2 of the said decree, the senate hereby proclaims the following:
Section 1. On and after April 13, 1883, the importation of swine and pork, including whole sides of bacon and sausages of all kinds, of American origin is prohibited under penalty of the confiscation of the illegally imported articles which is provided in section 134 of the union customs law of July 1, 1869, and of a fine to the amount of double the value of the said articles, but at least to the amount of 30 marks. The importation of whole sides of bacon and of salt pork of American origin into the free port district of Hamburg for reëxportation to non-German countries and the provisioning of seagoing vessels with American salt pork in the free port district are not affected by this prohibition, provided that the following directions be observed:
Sec. 2. Salt pork and whole sides of bacon of American origin received here shall be stored only after inspection and in accordance with the directions of the wharf office. The warehouse expenses are the same as those that are required for the wharf granary, together with any others that may be incurred by the wharf office. There shall be no extra charges.
Sec. 3. It shall be the duty of the receivers of the goods designated in section 2, immediately after the arrival of the same, to make to the wharf office and to the declaration office an accurate statement of the number and weight, the marks and numbers, and of any other designations that may be shown by the ship’s papers, of the casks and boxes containing the goods in question.
A similar statement shall be made by the captain with regard to goods not mentioned in the manifest that are to be landed.
Sec. 4. On withdrawing bonded goods from bond the exporter or shipper shall deliver to the wharf office a statement of the place to which he proposes to send the goods. Within 4 days he shall deliver to the said office—
- In the case of reëxportation by sea, a duplicate of the bill of lading;
- In the case of rëexportation by rail, the duplicate of a bill of lading stamped by the railway company and containing a statement concerning the origin of the goods;
- In the case of the transportation of salt pork for provisioning a seagoing vessel lying here, a certificate from the captain that he has received the meat on board of his vessel as provision.
When the goods are conveyed from the vessel for reëxportation without being placed in bond, the duplicate of the bill of lading mentioned under (b) shall likewise be delivered to the wharf office within 4 days.[Page 316]
Reëxportation by river vessels is prohibited under the penalty provided in section 1.
Sec. 5. When the goods are transshipped without being placed in bond, the wharf office must immediately receive a certificate to that effect from the receiver.
Sec. 6. All desired information must be furnished to the wharf office with regard to the whereabouts of imported goods.
A proclamation relative to the transit of pork of American origin.
Notice is hereby given that the chancellor of the Empire, in accordance with section 2 of the imperial ordinance of March 6, 1883, has approved the following requirements:
- That in future, not only whole sides of bacon and salt pork, but every kind of pork of American origin, may be imported here for the purpose of reëxportation, either by sea or by land, via the Hamburg and Kiel Railway, and the Hamburg, Lübeck and Wismar Railway, or via Rostock.
- That the transit of salt pork of American origin to Lübeck shall also be allowed for the purpose of provisioning vessels sailing from Lübeck.
The inspection of imports and reëxports of pork of American origin shall be regulated according to the provisions of the proclamation of April 2, 1883, relative to the prohibition of the importation of swine, pork, and sausages of American origin.
The transit of pork of American origin from here through the German customs territory is allowed only via the aforesaid Hamburg and Kiel Railway, and that of Hamburg, Lübeck and Wismar, or via Rostock, but is forbidden via other railroads from this city. The transit shall take place in bonds.
A proclamation relative to the declaration of American pork brought into this port as provision for vessels.
Referring to the proclamations of April 2 and 16, 1883, relative to the prohibition to import swine, pork, and sausages of American origin, the following proclamation is hereby made:
- Section 1. Masters of vessels entering this port and having on board American pork as provision must, immediately after their arrival, inform the wharf office thereof, as well as the bureau of declarations, accurately stating the quantity of such pork that they have on board.
- Sec. 2. Any violation of this order will subject the delinquent to the penalties provided in section 4 of the proclamation of April 16, 1883.