New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-05-09
XXXIVTH CON G r Els S q.
FIRST ESSION.
SENATE. .WAsHIycroy. May 3, 1856

SENATE. w ARLINGTON May !, 1886.
ON motion of MIR. MASON, the Senate took up the
resolution reported from the Com Iitee Qp Foreign
Relations, declaring the notice which has been given
by the President 10 Denmark 10 terminate the
treaty with that Government regulating the payment
of the Sound Dues sufficient, and that other or
further act If egislati necessary ~ put an end to
the sad trtsty a. part Of the law of the land.
M STUARr moved TO strike out the lstter portion
Of the resolution, commencing Z" and that no other
MIR. ST MINER opposed the resolution. tie argued
that the treaty oy atiug power kindred in char
actor 10 the waI-InakiDE power, which was expressly
lodged in Congress TIE abrogation of treaty might
be d prelude 10 war. Former usage wsS IN favor of
the tenu of treaties by the JOINT action OF the
two Houses Mr.. Summer reviewed the reasons given
by the Committee Foreign Relations IN their Report
for the change proposed. be language OF tbS treaty
lad been copied in other treaties, and there are now
no lees than forty four treaties which contain this pc
cuiar provision; 80 it was important question.
Among those treaties four with Great Britain three
With France, and others with Russia, Brazil, Mexico,
Netherlands and other governments and one of these
treaties Was that by virtue of which ladTou
maintained the coast OF Africa TO pre- the
slsve trade. Another question restive to the
ciSIriu mating cutiet 10 which Danish vessels would
be subject ID the event Of the sbrogsos of the tre,y
and IL important to decide whether the treaty
was abrogated in conformity with our laws or not.
Mr.. STUART said that whom the resolution wss
adopted authorizing the President 70 give notice to
Denmark il wac done, baSiness Is usually done, in
Executive Sess,oD without much cof-SlderatiOr- he
alluded 10 tue fact that the President, IL Ills Ahnus
Message, recommended that the tresty be terminated
by giving the notice stipulated. This showed thst. IN
tie opinion OF tie President, it was subject Tor the
action of Congress and not for the Senate III Executive
S-eiop; but, ~ the President the only organ OF
communication with foreign power. any notice he
might have given Denmark WA budiag on her, lns-
much she could not 60 behind the notice 10 sec
whether or rot II had be. given upon proper authority
and, If binding Denmark it must be binding on this
country else the anomaly would be presented Of one
party to contract being bound by it, promises while
The other party was not.
Hr. SEWARD sustained Mr. Summers vie as, con-
tending that treaty could only be ahrogated by the
making Of II new tresty ~ the President, wi the
sent Of two thirds OF the Senate or By the passage
Of an sct by Congress declaring tae treaty null and
void.
M CLAYTON sustained the action of the Com
mtt,e Foreign Relations advocating the resolution.
Mr.. CRlTFESDES desired TO know # the Presi
dent could not by hi- act terminate the trrs;y
aud if the SeDate had given him authority to ernins.e
il at specified time, how could he, by his act
extend the time after the tire atty had TO end
by lis own limitation Whist authority had ths Pres-
Dent sIone TO revive IL Yet he hsd eItesded the
time tive months And no did the two CO In.res no.
standl WISE there sny treaty betwecs them or sot
1t seemed to him very grave question, which de-
served furthrv ooasdssaea. DE sAssgis tss Gsr.