The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-11
The Sound Dues-The Course Of the Admit
nistration-Is II Right

"AssrsuiOn-AS II fttghts
The action of our administration in notifying
Denmark of our intention to submit no longer
to the imposition of the toll collected at Elsi-
more by the Danish government, is likely to
compiicate this republic somewhat in the af-
fairs of the Old World. There can be, and
we believe there is, among well-informed and
unprecedented minds, no second opinion in re-
gard to the injustice of levying this tribute
1t originated at time when it was quasi
recognised principle that
They shall take who have the power,
And they shall keep who
The Norsemen of those days had the power
to levy their tribute but both the principle
and the power have long since ceased to be
recognized on earth. There should be, and
OF international right can be, no such thing as
mare clausum or closed sea. Nevertheless
we do not approve of the action Of our admin
istration in attempting at this critical juncture
in Europe, to strike an almost fatal blow at
the existence Of one of its nations-for there
is little doubt that the depriving Denmark
suddenly of its principal source of revenue
would be. if not fatal, at least imminently dan
gerous. 1t might with more propriety have
waited for the settlement of the Eastern war,
and then with dignity and resolution have
made known its determination
For the better understanding of the question,
we propose at this time to give sketch of the
relations between Denmark and the United
States since we became an Independent nation.
At the time Of our Declaration of Indepen-
dence and subsequent recognition by Euro
peaD governments as an Independent Power,
the Sound dues were paid by all nations, and
had been frequently recognized by treaties en-
tered into between Denmark and the first Eu-
rOpeap Powers as one of the absolute rights
belonging to the crown of Denmark, fully es-
tablished by immemorial usage They have
existed SO long that "the memory Of man run
meth MOI to the contrary" The ships of ma
tons who had no treaties paid at the rates es.
tablished by Denmark herself. Where treaties
existed, they paid the rate established by the
treaty, which was always lower than the
Danish tariff.
Now, the Danish writers say that when the
United States sought to be recognized by Den
mark and the other European Powers, they in
so doing acknowledged the whole political
European system then existing, which was
based on usage and on treaties, and thereby
became obligated to bear their burden in the
share Of duties and obligations which that
system imposed upon them, and thus &C
knowledged as one part of that system the
right of Denmark to levy the Sound dues on
all vessels passing into the Baltic. We do not,
however, see the force of the logic.
Had Denmark owned all the shores of the
Baltic and the rivers emptying therein up to
their navigable points, then, indeed, her right
to the exclusive navigation of the Baltic, and
to toll at her gates, might be less question:
BILE Vattel, and all writer's on the law of ma
tions, concur in this point. vattel, to illus
trate this principle, says
The Mediterranean was formerly included within the
ands of the Romans. That people by rendering them
selves masters Of the Strait might 1t to their
empire and add it to their domain They did not by this
injure the rights of other nations; particular
being manifesty designed by nature for the of
the countries and the people who surround it, Besides
in defending the entrance of the Mediterranean from all
suspected vessels, the Romans secured by single
stroke the immense extent Of their coast this
sufficient to authorize them to possess it, and 1t had
they at liberty to permit prohibit the entrance
into it in the into any of their towns and
provinces.
Now, the Baltic is surrounded by the terrific
ry of five nations-Russia, Prussia, Sweden,
and Denmark--and further, the
free city Of Lubbock has natural access to it.
1t cannot be reached through rivers by vessels
of any other nations than those named. Rus
STA, Prussia Sweden, Mecklenburg and the free
city Of Lubbock have all stipulated by treaties
that their respective vessels shall pay the
Sound dues to Denmark, according TO the
rates specified in the treaties; and they have
ty disputed the right of Denmark to the
toll, but have paid it from time immemorial
The riparian owners Of the Baltic having thus
for ages acknowledged the right Of Denmark
to the dues, and by treaties regulated the
amount and manner Of payment, Deumark's
right to the toll as against them is claimed to
he Us complete as if she were sole mistress of
the waters Of the Baltic and sole owner of its
shores. But these Powers have thus disposed
only of their own rights; they had no power
to dispose Of the rights of any other nation.
least of all of the rights Of distant country
like the United States. The agreement of all
the riparian owners of sea surrounded by
land that one of those owners shall have sole
sway over its waters, does not exclude other
nations not parties to the compact, who have
by nature right to the free use of the sea
everywhere.
Denmark's best title, thea, to the Sound
dues, as against the Unised States, rests in
'immemorial usage" and the question then
recurs how far this immemorial usage, or the
immemoral collection by Denmark of the
Sound dues, is obligatory on the United States
When the United States and Denmark ac-
knowledged each other as nations and ex.
changed ambassadors, the United States ac-
knowledgcd the Danish system of government
and the privileges and mmunities of the
Danish crown, or this mutual recognition could