Mr. Hay to Mr. Thomas. No. 69.] DEPARTMENT OF STATE, Washington, November 23, 1899. SIR: Referring to Department's instruction No. 64 of August 5 last in reference to the regulations governing the importation into that country of American horseflesh, I have to inclose for your information copy of a dispatch from the consul at Gothenburg, dated October 26, 1899. This dispatch was communicated to the Secretary of Agriculture, and in a letter dated the 18th instant Secretary Wilson informs me that instructions as to the requirements mentioned have been forwarded to the inspector at the only establishment in this country where inspection for horse meat has been established. Secretary Wilson calls attention to the fact that the inspection service of this country is a Government service, under his immediate charge, and that Congress has made it the duty of the Secretary of Agriculture to inspect the horse meat prepared for the interstate or foreign trade and to certify to that which originates from horses that are in a sound and healthy condition. Referring to the consul's statement that it would appear that the Swedish officials are doing all in their power to make the importation of horse meat as difficult as possible, he observes that, if the Swedish Government does not desire this kind of meat and should shut it out from all countries alike, no objection could be seen to her action; but to raise objections to the form of the United States stamps and the signature on the certificates and to make unreasonable requirements as to the manner of affixing the stamps, would seem to impose discriminating restrictions that are hardly in accord with that agreeable manner which this Government has endeavored to show in its methods applied to the imports from other countries. In discussing this subject with the Swedish authorities you need make use of such of these observations only as in your discretion will aid that Government to an understanding of the complete and thorough character of the inspection service of this country. I am, etc., Mr. Thomas to Mr. Hay. JOHN HAY. No. 130.1 UNITED STATES LEGATION, Stockholm, December 30, 1899. SIR: Referring to your instructions No. 64 of August 5 and No. 69 of November 23 last, and my dispatches No. 102 of September 5 and No. 107 of October 3, on the subject of the inspection of American horseflesh imported into Sweden, I have the honor to inform you that, in compliance with your instruction No. 69, I have to-day addressed a note to the minister for foreign affairs, a copy of which is herewith inclosed, calling his excellency's attention to the dispatch of our consul at Gothenburg of October 26, and to the observations of the Secretary of Agriculture thereon, and expressing the hope that, in view of the complete and thorough character of the inspection service of the United States, the stamps, seals, and certificates of the official FR 99. -47 United States inspecting veterinarian, as well as his manner of making and affixing the same, may hereafter be deemed sufficient by the custom-house officials of Sweden. I also called at the foreign office, and in conference with the chief secretary urged verbally and more fully the views expressed in my note. W. W. THOMAS, Jr. I have, etc., [Inclosure.] Mr. Thomas to Mr. Lagerheim. LEGATION OF THE UNITED STATES, SIR: In compliance with instructions from the Secretary of State, and referring to my note to Count Douglas of September 4 last, and his reply of October 2, I have the honor to call your excellency's attention to copy of a dispatch, inclosed herewith, from the United States consul at Gothenburg to the Department of State, dated October 26, 1899, on the subject of the importation of American horseflesh into Sweden. The dispatch was communicated to the Secretary of Agriculture, and, in a letter dated November 18 last, Secretary Wilson informed the Department of State that instructions as to the requirements mentioned have been forwarded to the inspector of the only establishment in the United States where inspection for horse meat has been established. Secretary Wilson calls attention to the fact that the inspection service of the United States is a Government service under his immediate charge, and that Congress has made it the duty of the Secretary of Agriculture to inspect the horse meat prepared for the interstate or foreign trade and to certify to that which originates from horses that are in a sound and healthy condition. Referring to the consul's statement that it would appear that the Swedish officials are doing all in their power to make the importation of horse meat as difficult as possible, he observes that if the Swedish Government does not desire this kind of meat and should shut it out from all countries alike, no objection could be seen to her ac ion: but to raise objections to the form of the United States stamps and the signature on the certificates, and to make requirements which appear to be unreasonable as to the manner of affixing the stamps, would seem to impose discriminatory restrictions that are hardly in accord with that agreeable manner which the Government of the United States has endeavored to show in its methods applied to the imports from other countries. In view of the complete and thorough character of the inspection service of the United States, it is hoped that the stamps, seals, and certificates of the official United States inspecting veterinarian, as well as his manner of making and affixing the same, may hereafter be deemed sufficient by the custom-house officials of Sweden. 1 beg, etc., W. W. THOMAS, Jr. No. 145.] Mr. Thomas to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: Referring to your instruction No. 69 of November 23, in regard to the inspection of American horse meat imported into Sweden, and transmitting copy of a dispatch from our consul at Gothenburg, stating that the customs officials at Gothenburg will not accept the United States veterinarian's name stamped on the Agricultural Department's certificate and stamp, but insist that the name of the inspecting veterinarian shall be handwritten; referring also to my dispatch No. 130 of December 30 last, transmitting copy of my note, same date, to the minister for foreign affairs, requesting that the stamps of the official United States inspecting veterinarian may hereafter be deemed sufficient by the customs officials of Sweden, I have now the honor to inform you that I have just received a note, dated the 27th instant, from the minister for foreign affairs, on the subject, a copy of which, accompanied by a translation, is inclosed herewith, together with a copy of a letter from the minister of the interior to the minister for foreign affairs, and a printed copy of the royal ordinance of February 4, 1898, both of which I inclose. From the note of the minister for foreign affairs it is gratifying to learn that through his good offices the Government of the King has prescribed that so far as concerns the importation of horse meat of the United States of America the provisions of article 2 of the royal ordinance of February 4, 1898, regulating the importation of horse meat in general, will not prevent the Swedish customs officials from recognizing as authentic signature the stamped signature of the official veterinarian inspector of the United States upon the marks mentioned in article 2, above cited. I have the honor to be, etc., W. W. THOMAS, Jr. [Inclosure-Translation.] Mr. Lagerheim to Mr. Thomas. FOREIGN OFFICE, Stockholm, April 27, 1899. MR. MINISTER: By a letter dated December 30 last you have been pleased to transmit to me a copy of a letter addressed by the consul of the United States at Gothenburg to the Department of State at Washington on the subject of the importation into Sweden of horse meat coming from the United States. In his letter the consul reports that the customs officials at Gothenburg, in refusing to recognize the official American veterinarian's signature stamped upon the marks and certificates of the Department of Agriculture at Washington, require that the signature of the veterinarian should be handwritten, and that the barrels containing the imported meat should be sealed at both ends in a certain manner indicated by them. In referring to the report of the consul and in pointing out the thorough and conscientious character of the inspection service of the United States, you have been pleased to request my intervention to the end that the stamps, seals, and certificates of the official United States veterinarian inspector, as well as the manner of making and affixing the same, may hereafter be deemed sufficient by the customs officials of Sweden. This matter having been submitted to the examination of the competent authorities, the minister of the interior has just addressed me a letter, a copy of which is inclosed herewith, from which you will be pleased to see that the authorities consulted are of the opinion that every package of horse meat imported into Sweden must be sealed and marked in such a way that it is not possible to be opened or the inspected meat exchanged for other meat without breaking the seals. Under these circumstances the Government of the King is limited to prescribing that so far as concerns the importation of horse meat of the United States of America, the provisions of article 2 of the royal ordinance of February 4, 1898 (a copy of which is herewith inclosed), regulating the importation of horse meat in general, will not prevent the customs officials from recognizing as authentic the stamped signature of the official veterinarian inspector of the United States upon the marks mentioned in article 2, above cited. Please accept, etc., LAGERHEIM. SWITZERLAND. TREATY (1850) BETWEEN THE UNITED STATES AND SWITZERLAND-DENUNCIATION OF ARTICLES VIII TO XII. Mr. Pioda to Mr. Day. LEGATION OF SWITZERLAND IN THE UNITED STATES, Washington, June 29, 1898. SIR: In virtue of the treaty of friendship, commerce, and extradition between the Swiss Confederation and the United States of America of November 25, 1850, my Government instructs me formally to request through your excellency, as I hereby have the honor to do, that it may please the United States Government to extend to Swiss imports in the United States the concessions stipulated on the 30th ultimo by the United States with France, by means of the arrangement which went into operation on the 1st instant. My Government would consider a refusal on the part of the United States Government as a violation of the treaty aforesaid, and especially of articles 8, 9, 10, and 12. The most-favored-nation clause, which is contained in those articles, is absolutely unlimited. It is therefore my duty to ask that it may please the United States Government to give, immediately, the necessary instructions, to the end that Swiss products may enjoy, on entering the territory of the Union, the concessions granted to France in the aforesaid arrangement. Feeling confident that the United States Government will recognize the justice of the request made by the Government of the Swiss Confederation, and awaiting the communications which your excellency will be pleased to address to me on this subject, I avail myself of this occasion, Mr. Secretary of State, to offer you the assurance, etc. J. P. PIODA. Mr. Day to Mr. Pioda. No. 179.] DEPARTMENT OF STATE, July 29, 1898. SIR: I have the honor to acknowledge the receipt of your note of the 29th ultimo, in which, in conformity with the instructions of your Government, you ask that the concessions stipulated for in the reciprocity agreement between the United States and France of May 28, 1898, be extended to importations from Switzerland. You state that your Government would consider a refusal of this request as a violation of the treaty between the United States and the Swiss Confederation of November 25, 1850, and especially of Articles VIII, IX, X, and XII thereof. You observe that the most-favored-nation clause, which is contained in these articles, is "absolutely unlimited.” The Department has noticed with some surprise the positiveness of the terms in which the demand of your Government is put forward. Whatever may be the views of any other government on the subject, the Government of the United States has consistently maintained the view that the most-favored-nation clause does not entitle a third government to demand the benefits of a special agreement of reciprocity. The articles of the treaty of 1850, which you designate in your note, merely embody an agreement for the most-favored-nation treatment. Article VIII provides that in all that relates to "the importation, exportation, and transit of their respective products the contracting parties shall treat each other, reciprocally, as the most favored nation, union of nations, state, or society, as is explained in the following articles," namely, Articles IX, X, XI, XII. Article IX stipulates that neither of the contracting parties "shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products of the other than are or shall be payable upon the like article being the product of any other country." Article X provides that neither of the contracting parties shall "grant any favor in commerce to any nation, union of nations, state, or society which shall not immediately be enjoyed by the other party. Article XI reserves to each party the liberty to determine the manner of establishing the origin of its own products in case of the imposition of a differential duty. Article XII contains various stipulations, none of them pertinent to the present subject of discussion. The various provisions above set forth constitute, as the treaty itself declares, a guaranty of most-favored-nation treatment in matters of commerce. It is and always has been the view of this Government that a reciprocity treaty is a bargain and not a favor, and that it therefore does not come within the scope of the most-favored-nation clause. The position of the United States, as thus expressed, is not only well known, but has been frequently and generally conceded. It was accepted and carried out in the case of the reciprocity treaty between the United States and Great Britain of 1854 in relation to Canada; in the case of the reciprocity treaty with Hawaii of 1875, which was renewed in 1884, and in the case of the reciprocity agreements under the United States tariff act of October 1, 1890. The Department, as at present advised, is not aware that the Government of Switzerland has on any previous occasion claimed the advantages accruing to the contracting parties under any of the reciprocity treaties of the United States. On the grounds above set forth this Government is unable to admit that the demand put forward in your note is well founded, or that the refusal to concede it constitutes a violation of any of the treaty stipulations between the two Governments. In conclusion I desire to add that, if the Government of Switzerland wishes to secure for itself the advantages impartially held out by the act of Congress under which the agreement with France of May 28, 1898, was concluded, the Department will be glad to enter into negotiations with you for the purpose of effecting a similar arrangement. Accept, Mr. Minister, etc., WILLIAM R. DAY. |