The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-01-02

Copenhagen.
Mr.. Due 10 Mr. Marcy
DANISH LEGATION,
Washington, February IL 1855.
The undersigned his Danish Majestys charge daareg,
has been instructed by his government TO express 10 the
States the regret with which his Maess has
learnt that the President of the United States has deemed
it advisable recommend Congress that notice be given
Denmark of the intention of this government teri-
nate the existing convention Of April 2G, 1926.
The principal motive for this recommendation Is stated
by the President to be desire to avoid any embarrassment
which the stipulation contained in the fifth article of the
convention might occasion in claiming for the shipping
and commerce of the United States exemption from the
Sound dues @m~~
The President declares that he does not doubt that such
exemption can be claimed matter of right stating it
to be admitted on all hands that this exaction is
toned not by the general principles of the law of nations
but only by special conventions, which most Of the
niercal nations have entered into with Denmark"
His Maestys government, dsagreeing with this view of
the bearing Of the law of nations and Of treaties the
right OF Denmark to levy ae Sound dues and being per-
suaded that frank and explicit statement OF what it holds
to be the true nature and character of the said right
not but tend 10 remove any cause of misunderstanding be-
tween the two in reference to this subject has
instructed the undersigned TO submit TO the consideration
of the government of the United States statement TO
that effect which he has the honor Of doing in the follow
ing remarks
His Maestys government holds that the right of Dem
mark the Sound dues right existing under the law
of nations by mmemoria prescription and therefore, indie
pendent of all treaties.
The Sound dues are anterior to all treaties and have
existed from time immemoral The treaties concluded by
Denmark, in which mention is made oil the Sound dues,
therefore do not and could not confer right which al
ready existed and had existed for ages Nor the right
ITSELF the title by which it exercised been
made the subject OF negotiation but only the amount of
the dues and the of levyng them The treaties Of
the last three four centuries therefore, while anconDg
the right by the rreagable evidence they present Of
general recognition of the Sound dues by all nations and
at all times do not in the least affect its character
immeInoral right existing independently of all treaties
To suppose that these dues have their sole foundation in
special conventions entered into with Denmark would be-
sides lead TO the extraordinary conclusion that nuSous
and powerful States houd separately have agreed 10 make
grant Of them to Denmark.
To suppose the Sound dues were not right under
the law of nations, but exacton sanctioned by tie
general prnc Piles Of that law would lead conclusion
less extraordinary--to witt that the and
powerful States interested in the navigation of the Baltic
should from time mmemoral have submitted to this
ton, and finally recognised in their treaties with
Denmark though in no way bound TO respect any right in
her to levy the dues
The uninterrupted existence of the Sound dues from time
immemoral, and their recognition In numerous treaties,
only be satisfactorily accounted for by admitting that
these dues have existed and continue TO exist recog
nised right under the law of nations.
The actual origin of the Sound dues is lost in the obscu-
ry of remote antiquity but it is unquestonable that
later period when system of public law began to regu-
late the international rights and relations Of States the
privilege OF eyying toll at water passage like
the Sound in strict conformity with the then prevail
ing ideas of the extent and Importance of the rights of
eregnty possessed by State the seas straits and
bays within Its limits djacent to its territories. The
Sound dues consequently appeared as attribute of
Danish sovereignty and conuncvely with their i'm
memorial character acknowledged as such.
The nature and extent of these maritime rights Of
ereigny have since been differently Judged and his Maes-
tvs government readily admits that the general principle.
OF the law Of nations would now hardly sanction
the imposition OF tolls similar to the Sound dues where
before had existed.
Butbs Majesty protest against particu-
lar doctrines OF the international law Of time being
cusvey applied criterion whereby Judge Of the valid
ity Of rights that have their origin past age and have
come down to the present day sanctioned by immemoa
observance
The existence of the Sound dues may appear contrary
the rule that the highways Of nature free TO a and
may longer find an adequate title In the doctrine Of the
unlimited rights or sovereignty possessed by State over
s waters but these dues have existence inde
pendent Of such considerations an exceptional right
vested in Denmark by virtue of immemoral prescription
title recognized by all law and by more than by
the law of nations.
Not the Congress of Vienna when remodeliug the
map of Europe and egsatng the free navigation Of
rivers found occasion to object TO the continuance Of the
Sound dues which certainly would not have been neglect
ed IL those dues deemed unjust exacton, and
sanctioned by the law of nations E
The policy Of Europe in this respect and particu
arly OF the Baltic powers whose and nayiga-
ton especially subjected to the Sound dues would In
deed be nexpcable u those dues not recognised
founded on right belonging to Denmark by immemorial
prescription, and consequently by the law of nations
Thus, most distinguished statesman, when Minister Of
Foreign Affairs Of great European power did not hcsi-
bad disputed the right the Sound dues that IL did
not enter and could enter into is intentions In any
to impair right which he characterized sacred
and to which he recognised the title of Denmark TO be in
disputable.
His Maestys government therefore, cannot perceive in
what the abrogaon Of the existing convention be-
tween the two countries in any way affect the obiga
ton Of the government of the United States respect
right OF the Crown Of Denmark which il possesses indie
pendently of all treaties, .9...... .............
The exemption of the shipping and commerce Of the Uni
ted States from the Sound dues could moreover not be
conceded by Denmark without eventually extending the
exemption to all nations inasmuch undue advantage
would otherwise manifcsy be conferred the shipping
and OF nation that OF all others The
assertion OF such claim therefore, the part OF the Uni
ted States would be tantamouDt TO demand that the
Sound dues should be abolished altogether
His Majestys government would consider it as be
traya Of the ancient rights Of the Danish Crown and Of
the interests Of the country which it Is its first and
imperative duty watch II II did not TO the utmost
OF s power seek avert 10 resist any demand
requiring those rights and interests TO be sacrificed
The undersigned avsis himself Of this occasion TO
TO tho honorable Secretary Of State the assurance Of his
high consideration s# TORBEN BILLIE
Hon. w. L. MARCY, .
Secretary Of State, U. S.
~ a Mr. Marcy % Mr.. Bsdinger. .a a ~