The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-04
THE DANISH SOUND DUES.
MR.. MARCY TO Mr.. BEDINGER.
DEPARTMENT or STATE
" laurNGrxax Eshruarv 4 laHl

DEPARTMENT STATE
WASHINGTON, February i, l66A
Sn-Your dispatches, Nos. and g. have been
ssived.
On the 10Th Of last December resolution Of the House
Representatives Ia copy OF which is enclosed) request
- the President communicate t, that House niorna-
Non to the state of the negotiations between the nj
I'D States and Denmark in relation to the imposition OF
Sound dues The 20 this resolution mas been
deferred in the hope of receiving formal reply 10 the
note addressed by you the subject 70 the hinsles OF
Yvreigu Relations of Denmark your unsatisfactory
with him on LIST of December last.
Mat formal reply shall not have been given BY or before
fs peiod Of the reception Of this despatch You viii
make to the Danish COVER nment tse
wishes and expectations Of the President regard to
his burden upon our commerce, to which the Jvern-
snt people OF this country cannot reasonably be
"a, W. L. MARCY.
HENRY BEDHexR, Esq, &C., &c., Sc,, Copenhagen.
Mr.. BILLIE TO Mr.. MARCY
DANISH LEGATION, !
WASHINGTON Feb II, 1855
The undersigned his Danish Majes-y Oh ge
has been by his government express the
hsnorabe L. Marcy secre ary Of state Of the Uaite
States the regret with which his Msesy's government
has learnt that the President OF tie United States
deemed it advisable to recommend to Congress tina.
tice be givsn to Denmark Of the intention OF his
1920
The principal motive for this stated
BY the President 10 be desire to avoid any emoarras
OF the convention might occasion 10 claiming tor The
shipping and of the United States pton
from Sound cues
The President declares that he does no. doubt that
exemption be csire matter at right, stating
~it to 30 admitted all hands that this exaction is
sanctioned not by the general principles OF the law of
nations but only by special conventions, which most OF
the commercial nations have entered into with Den
ark"
His Nojestys government, disagreeiag with this view
OF the bearing OF the law OF nations, and OF treaties
tine right OF Denmark 20 levy the sound dues snd being
5sIat
no ds TO ne the nature aud character OF the said
right cannot but ter 10 remove any cause of sunder
standing between the two governments in to
ts subject has instructed the undersigned to submit
ne copslce nj of the of the United States
statement 10 that effect which ne has the honor OF do
ing in the following remarks
His Majesy's government holds tia, the right Dem
mark 10 The Sound dues is right existing under the las
Of nations by immemoril prescription and, therefore,
indepe dent of all treaties
The Sound dues anterior all treaties, and have
existed from time mnsnorial. The testies concluded
by Denmark, in which mention i made Of he
sound dues tserSre 10 not ana soa@ h as
for sges. Nor has the right itself the title
oy which it was exercised, ever been r,aae the SUB
ject of negotiation, but only he amount Of the due
and the of levying them. The treaties OF
the last three sor four centuries, therefore, while
fleming the right by the rretapbe evidence they present
q recognition of the Sound dues oy all nations
and at all times, do not in the least affect its character
mmemo ial right existing independ nty of all treaties
To suppose that these dues have their sole foundation
In fpeca conventions entered nto with Denmark would
besides lead to the extrao Urinary conclusion that nu
powerful States should atey have agreed
10 make grant Of them to Denmark.
To suppose that the Sound dues not right under
the law OF nations, hut exacon not sanction by the
general principles of that law, would lead 10 conclusion
less extrao dinary-tO wit: that the numerous and
powerful States interested in the navigation OF the Baltic
should from time imnemoal have omitted to this
action, and finally even recognized i in their treaties
With Denmark though in no way bound to respect any
r,ght IN ner 10 ,evy ire dues.
The uninterrupted existence Of the Sound dues from
time inmemoris and their re,ognition in numerous ea
hes can only ee satisfactorily anted Tor by adinz
that these cues have existed and continue exist,
recognized light under the law Of nstions.
The actual origin of the Solnd il lost in the OBJ
seuriy Of remote Antiquity but it i Gnquestonab- hat
~ later period, when system OF puoic Law began 70
regulate the rgnts atoms States
the privilege of levyng toll at water passage
Hike the Sound in strict ccpfprmiy with the thea
yrevsitng ideas OF the extent and Importance Of the
rights OF sovereignty possessed by the
saits and bays within its limits adjacent 70 It's ter
iItories The Sound dues Consequently appeared
attribute OF Hanish sovereignty and were copjunctvey
with their Dnemoril character ac&no seigei sach
The nature and extent Of these msrtlne rigats Of
sovereignty since differently judged and hi Ma
jsstys readily admits general prin
dples of the law Of naens would now hardly seem to
sanction the ion Of tolls similar u the Sound dues
where before had existed.
But his Msjesys government must protest against
tculsr doctrines of the international law Of time
ng exclusively fpphed as criterion whereby toJu1Se OF
TIE validity Of rights that have their origin in age
And Ea re down to the present dsy sanctioned BY
inmepo iai obsei vance.
The xigtepce OF the Soupd dues m " appear contrary
the that the hs ways Of nature free 10 all
and may longer 6nd az sdequate lie IN the docrine
the unlimited rights OF sovereignty possessed by
State its adjacent waters but lh6sa dues have an
existence indie pendent Of ouch cceratoas az sn ex
oeptonal right vested Ia Denmark by Vi tue Of i'm
rial prescription title recognized hy all lss aga W
49, more 40 than the law OF Nations
Not the Congress OF Vienna when renodeing the
map Of Europe and hgsating on the Tree navgston .
rivers found occasion 10 object 70 the continuance OF th
Found dues which certainly would not have been neg
leced those dues deemed unjust exacton and
not sanctioned by the law of ms tons
The policy OF Europe this respect, and more parftcu
lary Of the Baltic powers whose commerce and navgt
ton especially subject TO the Sound dues, wculd
indeed be inexpcabe those dues we're not recognei
founded right belonging 70 Denmark by nineulo-
rial prescription and consequently by the law OF matt ons
Thus a most distinguished statesman, when Minister
Of Foregn Affairs Of great European power did not he
state declare in official despatch that his govr1-
ment never had sputed the right the Sound cues
thai did not enter and could enter into its in
tentions in any to impair right which he cha
Yactezed sacred and to which he gnised the title
of Denmark 10 be indi sputab.
His Msjesty,s government therefore cannot perceive
what the abrogaton Of the existing convention
noaton II the government Of the United states
right Of the Crown Of Denmark, which Il possess
The exemption of the Shipping AID commerce Of the
United States from the Sound dues coui moreover not
be conceded by Denmark without eventually exten1ing
the exemption to all nations nasrnueh as an IN AZ
vantage would manifest be conferred on the
shipping and commerce OF ore nation over sn.t o an
others. The assertion Of such claim therefore, on the
part Of the United States would be tantamouut 70
demand that the Sound dues should be abolished alto
gether. !.
trayal of the ancien rights of the Danish and Of
ne interests Of the coantry over which it is its first aud
and most imperative duty to watch If 1t did not to the
utmost Of its power seek to avert even to resist any
demand requiring those rights and Interests to be sacr
Roed.:
The undersigned avals himself OF ths occasion to
new the honorable Secretary of State the assurance
IN b;oh confederation ToRbEN BILLIE
Hon. W. l. MARCY, Secretary Of State, Y. ;
ME. MARCY TO Mr.. BEDINGER.
DEPARTMENT rTATE,
WASHINGTON, March IL, 1856
Sra-In communicating you copy OF resolution of
The Senate the 80 instant adopted In executive session
authorizing President give 70 the governm mt u
Denmark notice required BY the eleventh art,e Of