and for necessary purposes, inconveniences result to either party, that result must be considered as not intended, but as arising from the nature of the case itself, and therefore as unavoidable.

These are the general views which have presented themselves to the undersigned in answer to Mr. De Figanierè e Morao's note, and he trusts that the government of Portugal will consider them as satisfactory. Portugal is one of the countries with which the United States, in taking their place in the circle of nations, had early friendly commercial and diplomatic intercourse. Happily, nothing has occurred permanently to disturb that intercourse. The two countries have no rivalries, no opposition of interests, no grounds of mutual distrust; and the undersigned avails himself of this opportunity to express his earnest hope, that the harmony now insured by the stipulations of a fair and equal treaty may long continue, and to signify, at the same time, the high consideration with which he has the honor to regard Mr. De Figanierè e Morao. DANIEL WEBster.

SOUND DUES AT ELSINORE, AND THE ZOLL
VEREIN UNION.

Extract from the President's Message, June 1, 1841. THE Secretary of State has addressed to me a paper upon two subjects, interesting to the commerce of the country, which will receive my consideration, and which I have the honor to communicate to Congress.

Mr. Webster to the President of the United States.

DEPARTMENT OF STATE, Washington, May 24, 1841. SIR,-There are two subjects connected with the foreign commerce of the United States to which the Secretary of State considers it to be his duty to call the attention of the President at the earliest opportunity.

The first is, the collection of Sound dues, or the tax payable at Elsinore, laid by the Danish government upon the cargoes of vessels passing through the Sound, into and out from the Baltic Sea.

The right of Denmark to levy these dues is asserted on the ground of ancient usage, coming down from the period when that power had possession of both shores of the Belt and Sound. However questionable the right or uncertain its origin, it has been recognized by European governments in several treaties with Denmark, some of them entered into at as early a period as the fourteenth century; and inasmuch as our treaty with. that power contains a clause putting us on the same footing, in this respect, as other the most favored nations, it has been acquiesced in, or, rather, has not been denied, by us.

The treaty of 1645, between Denmark and Holland, to which a tariff of the principal articles then known in commerce, with a rule of measurement and a fixed rate of duty, was appended, together with the subsequent one between the same parties in 1701, amendatory and explanatory of the former, has been generally considered as the basis of all subsequent treaties, and among them of our own, concluded in 1826, and limited to continue ten years from its date, and further until the end of one year after notice by either party of an intention to terminate it, and which is still in force.

Treaties have also been concluded with Denmark by Great Britain, France, Spain, Portugal, Russia, Prussia, and Brazil, by which, with one or two exceptions in their favor, they are placed on the same footing as the United States.

There has recently been a general movement, on the part of the northern powers of Europe, with regard to the subject of these Sound dues, which seems to afford to this government a favorable opportunity, in conjunction with them, for exerting itself to obtain some such alteration or modification of existing regulations as shall conduce to the freedom and extension of our commerce, or, at least, toward relieving it from some of the burdens now imposed, which, owing to the nature of our trade, operate, in many instances, very unequally and unjustly on it in comparison with that of other nations.

The ancient tariff of 1645, by which the payment of these dues was regulated, has never been revised, and by means of the various changes which have taken place in commerce since that period, and of the alteration in price in many articles therein included, chiefly in consequence of the settlement of America, and the introduction of her products into general commerce, it has become quite inapplicable.

It is presumed to have been the intention of the framers of that tariff to fix a duty of about one per centum ad valorem upon the articles therein enumerated; but the change in value of many of those commodities, and the absence of any corresponding change in the duty, has, in many instances, increased the ad valorem from one per centum to three, four, and even seven; and this, generally, upon those articles which form the chief exports of the United States, of South America, and the West India Islands: such as the articles of cotton, rice, raw sugar, tobacco, rum, Campeachy wood, &c.

On all articles not enumerated in this ancient tariff it is stipulated, by the treaty of 1701, that the "privileged nations," or those who have treaties with Denmark, shall pay an ad valorem of one per cent.; but the value of these articles being fixed by some rules known only to the Danish government, or at least unknown to us, this duty appears uncertain and fluctuating, and its estimate is very much left to the arbitrary discretion of the custom-house officers at Elsinore.

It has been, by some of the public writers in Denmark, contended that goods of privileged nations, carried in the vessels of unprivileged nations, should not be entitled to the limitation. of one per centum ad valorem, but should be taxed one and a quarter per centum, the amount levied on the goods of unprivileged nations; and, also, that this limitation should be confined to the direct trade; so that vessels coming from or bound to the ports of a nation not in treaty with Denmark should pay on their cargoes the additional quarter per cent.

These questions, although the former is not of so much consequence to us, who are our own carriers, are still, in connection with each other, of sufficient importance to render a

decision upon them, and a final understanding, extremely desirable.

These Sound dues are, moreover, in addition to the port charges of light money, pass money, &c., which are quite equal to the rates charged at other places, and the payment of which, together with the Sound dues, often causes to vessels considerable delay at Elsinore.

The port charges, which are usual among all nations to whose ports vessels resort, are unobjectionable, except that, in this case, they are mere consequences of the imposition of the Sound dues, following, necessarily, upon the compulsory delay at Elsinore of vessels bound up and down the Sound with cargoes, with no intention of making any importation into any port of Denmark, and having no other occasion for delay at Elsinore than that which arises from the necessity of paying the Sound dues, and, in so doing, involuntarily subjecting themselves to these other demands.

These port duties would appear to have some reason in them, because of the equivalent; while, in fact, they are made requisite, with the exception, perhaps, of the expense of lights, by the delay necessary for the payment of the Sound dues.

The amount of our commerce with Denmark, direct, is inconsiderable, compared with that of our transactions with Russia, Sweden, and the ports of Prussia, and the Germanic Association on the Baltic; but the sum annually paid to that government in Sound dues, and the consequent port charges, by our vessels alone, is estimated at something over one hundred thousand dollars.

The greater proportion of this amount is paid by the articles of cotton, sugar, tobacco, and rice; the first and last of these paying a duty of about three per cent. ad valorem, reckoning their value at the places whence they come.

By a list published at Elsinore in 1840, it appears that between April and November of that year seventy-two American vessels, comparatively a small number, lowered their topsails before the Castle of Cronberg. These were all bound up the Sound to ports on the Baltic, with cargoes composed, in part, of the above-named products, upon which alone, according to the tariff, was paid a sum exceeding forty thousand dollars for these dues.

Having disposed of these cargoes, they returned laden with the usual productions of the countries on the Baltic, on which, in like manner, were paid duties on going out through the Sound, again acknowledging the tribute by an inconvenient and sometimes hazardous ceremony.

The whole amount thus paid within a period of eight months on inward and outward bound cargoes, by vessels of the United

States, none of which were bound for, or intended to stop at any port in Denmark, except compulsorily at Elsinore, for the purpose of complying with these exactions, must have exceeded the large sum above named.

I have, therefore, thought proper to bring this subject before you at this time, and to go into these general statements in relation to it, which might be carried more into detail, and substantiated by documents now in the department, to the end that, if you should deem it expedient, instructions may be given to the representative of the United States at Denmark, to enter into friendly negotiations with that government, with a view of securing to the commerce of the United States a full participation in any reduction of these duties, or the benefits resulting from any new arrangements respecting them, which may be granted to the commerce of other states.

The other subject which, in the opinion of the Secretary, demands the early consideration of the government, is the Germanic Association, or Customs Union, established in Germany, and now in successful operation under the leading auspices of the government of Prussia. This important association has for its objects the union of many of the German states into one body, for the purpose of establishing uniform regulations of commerce; uniform duties of importation, exportation, and transit; a system of uniform weights and measures, and a uniform coinage throughout all the members of the association; objects resembling, as will be perceived, important purposes contemplated by the establishment of the general government of the United States.

In all the states of the association the greatest variety and diversity had previously existed. Each had its own circle of custom-houses, and its peculiar system of duties, constituting them in these respects foreign countries to one another. The effect of these diversities upon trade and manufactures may easily be supposed to have been highly prejudicial to the general commerce of the country.

To Prussia, who had labored for years to bring about this commercial revolution in Germany, chiefly belongs the credit of its accomplishment. She has united the members of the confederation in a treaty which establishes one tariff for all, the duties to be collected on the frontiers of what now forms one great commercial league. The net revenues arising from the duties are divided among the several states in proportion to their respective amounts of population, every article, salt and playing-cards excepted, having once paid the duties on the frontier, being permitted to circulate freely among all the states of the Union without any additional impost.

The treaty was concluded in 1834, and was to continue in

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