File No. 355.115 C76/11.
The American Minister to
the Secretary of State.
No. 29.]
American Legation,
Brussels,
March 8, 1912.
Sir: I have the honor to refer to the
Department’s instructions No. 10 of January 24 last and No. 12 of
February 16, and to state that on investigation the “black oil” referred
to in the latter dispatch proves to be the same oil as has been the
subject of previous correspondence and discussion. With reference to the
inquiry contained in the dispatch of the 24th of January, I beg to say
that my interview mentioned, with the Minister of Foreign Affairs, took
place on January 4, as I did not receive the visit of the officials of
the Continental Petroleum Company till after the 20th of December.
On the 26th of February, on the return of the Minister of Foreign Affairs
from an absence, I sought an interview again to present to his
excellency another note, a copy of which is inclosed, and again
personally to press the matter of the discrimination against American
oils. I referred to my previous visit and to the subject as it was then
discussed, and said that I brought on this occasion new matter to his
attention, stating that my Government was very anxious to have a
definite reply and repeating the contents of the note which I had
brought. Monsieur Davignon said that he had interested himself in the
matter; that he recognized the subject as one with an international
aspect; but that a difficulty lay with the technical experts, who were
prejudiced in their opinions. I told him that the Department was anxious
for a definite decision as to the attitude of the King’s Government, and
his excellency replied that he hoped soon to send me an answer.
To-day I have visited the Baron de Broqueville, the Prime Minister, who
is also the Minister of Railways, Posts and Telegraphs, and I asked his
particular attention to this subject, with which he seemed to be
familiar. I went over a few of the main points but particularly assured
him, with more pressure than I have felt able to write into my notes on
the subject, of the serious interest which my Government took in the
matter and of my desire for an early and definite reply which I might
forward for the information of the Department. Baron de Broqueville said
that of course the desire of the King’s
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Government was to buy the best oil in the best
markets and added that he also hoped soon to give a definite answer.
Mr. Grant-Smith also, this morning, called on Baron Capelle at the
Ministry for Foreign Affairs, whose attention was drawn to the fact that
the simple omission of the word “Russian” would not be satisfactory
should the other narrow specifications, and particularly that of
specific gravity, remain as at present. Baron Capelle expressed his
interest in the matter and assured him that the Belgian Government was
earnestly seeking a solution of the question which would be mutually
satisfactory.
I have [etc.]
[Inclosure.]
The American Minister
to the Minister for Foreign
Affairs.
No. 28.]
American Legation,
Brussels,
February 23, 1912.
Mr. Minister: I have the honor to refer to
previous correspondence during the past five years on the matter of
the discrimination which appears in the specifications issued by the
Belgian State Railway Administration, in calling for bids for crude
lubricating oils. This discrimination consists in the exclusion from
competition of all oils other than those of Russian origin.
When in January of 1910 the Department of State of the United States
entered into negotiations with the Government of Belgium, to
determine whether the minimum tariff of the United States should be
granted to products imported from Belgium, or originating in this
country, the Belgian Legation in Washington was informed of the
willingness of the President to proclaim, on behalf of Belgium, the
extension of the minimum tariff to imports of Belgian origin into
the United States, upon the assumption that the Belgian Government
would give its prompt and earnest consideration to the several
matters of concern which had been brought to the attention of the
Department of State. One of these matters, as set forth in a note of
January 29, 1910, to the Belgian Minister at Washington, Count
Conrad de Buisseret, was the recognition of American petroleum
lubricating products on an equality with those of other countries in
the specifications of requirements for railroad supplies. The
Department of State was assured by a note dated February 1, 1910,
from the then Belgian Minister, that he had not failed to transmit
the contents of the Department’s note of January 29 to his
Government, at the same time recommending prompt and earnest
consideration of the matters which had been brought to his
Government’s attention, both through the American Legation at
Brussels and through himself.
Notwithstanding the assurances of the Belgian Minister that the
alleged discrimination against crude and lubricating oils would have
consideration in view of the granting of the minimum tariff of the
United States, no such consideration appears to have been given in
the preparation of the specifications published in the latter part
of 1910, relating to the requirements of the Belgian State Railways.
Upon notification of this oversight the American Legation at
Brussels brought the subject again to your excellency’s attention,
seeking the consideration to which as a matter of good faith, under
all the circumstances of the case, the Department felt American oil
was entitled.
The same discriminations continued to appear in the specifications in
question during the year 1911. As a special instance it may be added
that the Continental Petroleum Company, acting on behalf of the
Texas Oil Company, anticipated the annual advertisement of the
Belgian State Railway Administration and prepared itself especially
to meet the requirements as to points relating to the quality of
these oils, and has expressed its belief that, if fairly considered,
its oils would meet all the conditions as well as the Russian. It
also appears that the Continental Petroleum Company received no
official advice of the adjudication of crude lubricating oils from
the Belgian State Railway Administration until December 13, 1911,
and that the limit for the receipt of bids was fixed in the demands
as December 20, 1911. Notwithstanding this short notice
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the Continental Petroleum
Company proceeded to tender its oils under date of December 16.
I beg to refer to the occasion of my personal visit to your
excellency on January 4 last when the subject of this matter of the
discrimination against American oils was discussed at length. Your
excellency was then so good as to say that you would confer
personally with your colleague of the Railway Administration in this
matter. I have the honor accordingly to ask your excellency to
examine this further exposition of the subject, especially with
regard to the consideration which was given on the occasion of the
application of the minimum tariff to Belgium, as may be found in the
correspondence referred to in this note, and I beg to add that my
instructions are to express the earnest desire of my Government to
obtain for American oils in this instance a just and fair
consideration, and I would be gratified if your excellency would be
so good as to advise me with regard to any definite conclusions on
the subject to which the Government of the King may have come, in
order that I may transmit the same to the Department of State for
the information of my Government.
I avail [etc.],
