Mr. Sumner. The Senator is, perhaps, right. The President may remit these discriminating duties; but I believe he can do it only after information from Denmark as to her course. He cannot do it at once; and I now refer to these duties simply to show that at this moment, while I speak, a practical question may arise in our courts, or at our custom-houses, as to the validity of the act of abrogation.
These things will at least make you hesitate before you assert a power which is without precedent, and which at a former day was disowned in this very case. By referring to the published diplomatic correspondence, it appears that Mr. Buchanan, when Secretary of State, in a letter to our representative at Copenhagen, dated 14th October, 1848, twice over recognized this power in Congress. “Congress may, therefore, at any moment, authorize the President to terminate this convention.” Mark, Sir, he did not say the Senate, but Congress. And then again he says: “It is probable that two years might elapse before the existing convention could be terminated, as an act must first pass Congress to enable the President to give the required notice, after which a year must expire before it could be rendered effectual.”[61] It appears, also, that the House of Representatives, proceeding on this understanding, had already initiated a joint resolution on this subject, and therefore were in some measure seized of it, when the Senate undertook to act alone. It seems to me that the course you have commenced should be retraced, and that a joint resolution, or Act of Congress, for the abrogation of the treaty, should be introduced at once, if it is considered, in the present state of negotiations on this question among the European nations, that the abrogation of the treaty should be pressed immediately.
I desire the opinion of the Senate simply on the necessity of present action by joint resolution,—leaving to another time, or to the Committee, the question, whether the joint resolution shall be prospective in its operation, or retroactive, so as to take advantage of the notice already given? In order to have a decision of this single point, I move to strike out all of the resolution now pending after the word “Resolved,” and insert as follows:—
“That the Committee on Foreign Relations be instructed to report a joint resolution of Congress, providing for the effectual termination of the convention with Denmark of the 26th of April, 1826.”
The subject was debated by Mr. Stuart, Mr. Clayton, Mr. Hale, Mr. Bayard, Mr. Toombs, Mr. Collamer, Mr. Benjamin, and Mr. Crittenden, when the Senate adjourned without a vote. It rested for a long time, when, on July 22d, while Mr. Sumner was absent from the Senate, disabled by injuries, Mr. Mason moved it again. The Senate refused to consider it by a vote of sixteen ayes to twenty noes, and from that time it was abandoned. Since then treaties have been abrogated by Act of Congress, and this may be considered the established rule.
The question of the Sound Dues, out of which this debate arose, was settled by “friendly negotiation,” according to the original suggestion of Mr. Webster. An arrangement was made by the different powers of Europe, March 14, 1857, capitalizing the tax levied by Denmark, and assuming in ratable proportions the payment of the full sum on condition that the tax should cease. The United States kept aloof from this arrangement, but by separate treaty, April 11, 1857, obtained the same immunity by paying 717,829 rix dollars, with the further recognition of the treaty of 1826, except the article on the Sound Dues.[62]