Baron Saurma to Mr. Gresham.
Washington, December 17, 1894.
Mr. Secretary of State: I have the honor, by order of my Government, to submit the following for your information:
The American quarantine and immigration acts of February 15 and March 3 of last year, respectively, and the regulations issued by the Treasury Department for carrying these into effect, contain certain provisions which, in the opinion of the Imperial Government, are not exactly compatible with the sovereign rights of foreign states. This is especially the case—referring only to the salient points—(1) with the [Page 512] provision of the quarantine act whereby the American consul of the port of departure, or the American medical officer specially detailed there for that purpose, shall, before he issues a bill of health, in order to verify that the facts therein stated are true, make an inspection of the crew, passengers, and cargo, etc., before the vessel’s departure. The officer making the inspection is further authorized by the quarantine regulations, based upon the quarantine act, to order the disinfection of the vessel and such other sanitary measures on board as he considers necessary.
By these and similar provisions American consuls and medical officers at European ports of departure are given authority to act officially toward vessels clearing therefrom, for which no foundation exists either in generally recognized international maxims or even—with respect to Germany—in the consular convention of December 11, 1871. Concerning the inspection of vessels and their equipments, the examination of the crew and passengers, and the supervision of measures for disinfection, German regulations exist in German ports, which are most conscientiously carried out by the German authorities.
While, as is seen from the above statements, the duties of American consuls and medical officers in German ports do not appear to be founded upon international rules, the apprehension, furthermore, is not to be dismissed, that the working, side by side, of the German (official) sanitary authorities with American consuls and physicians might create confusion and apparently unnecessary impediments in intercourse.
(2) In like manner the provision of the American immigration act does not appear reconcilable with the law of nations where it provides that the lists prescribed, in which a number of dates concerning the emigrants are to be given, must be sworn to by the master or an officer or the physician of the vessel before the American consul at the port of departure. In the opinion of the Imperial Government the administering of oaths is an authoritative act which can not be performed without the sanction of the Government of the country in the territory of which the oath is administered by the foreigner.
An American consul, therefore, except with reference to American citizens, is not deemed authorized to perform such an act without first obtaining the sanction of the German authorities.
For the above reasons the Imperial Government considers it its duty to enter a protest against the provisions of the American quarantine and immigration acts of February 15 and March 3, 1893, so far as they encroach upon the [rights of] sovereignty of the German Empire. While the Imperial Government at present restricts itself to a defense in principle of its position, it must in the future reserve the right, on befitting occasions, to oppose American consuls and medical officers on German territory with reference to German ships.
Requesting that your excellency will be good enough to advise me of his views on the subject above set forth, I avail myself also of this occasion, etc.,