(c) depends upon or involves the maintenance of the traditional attitude of the United States concerning American questions, commonly described as the Monroe Doctrine, (d) depends upon or involves the observance of the obligations of Denmark in accordance with the Covenant of the League of Nations. ARTICLE III The present treaty shall be ratified by the President of the United States of America by and with the advice and consent of the Senate thereof and by Denmark in accordance with its constitutional laws. The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of the ratifications. It shall thereafter remain in force continuously unless and until terminated by one year's written notice given by either High Contracting Party to the other. In faith whereof the respective Plenipotentiaries have signed this treaty in duplicate in the English and Danish languages, both texts having equal force, and hereunto affix their seals. Done at Washington the fourteenth day of June, one thousand nine hundred and twenty-eight. REPRESENTATIONS BY DENMARK AGAINST DISCRIMINATION IN TONNAGE DUTIES LEVIED AGAINST DANISH VESSELS IN AMERICAN PORTS 811.841/294 The Danish Minister (Brun) to the Secretary of State J. No. 60.D.b/1 WASHINGTON, June 3, 1926. SIR: With reference to the question of the tonnage duties which Danish vessels are required to pay in ports of the United States, last mentioned in the note from your Department of March 10, 1925,10 I have the honor to state as follows: I duly laid before the Danish Government the note of February 20, 1924 from Mr. Secretary of State Hughes,10 as well as my reply to him in my note (No. 44) of February 25, 1924 10 to the substance of which no answer has been received from your Department. Meantime the Danish Foreign Office has given new and very earnest consideration to the matter and, as a result, I am directed to advise you, that the Danish Government is unable to agree with the Government 10 Not printed. of the United States in the opinion that Danish vessels entering the United States from Danish ports, are properly subject to the payment of the six cent tonnage rate provided for in Section 36 of the Act approved August 5, 1909,11 as set forth in the Note of Mr. Hughes of February 20, 1924. In this respect I am instructed to observe, that the 2 cent rate accorded to vessels from Norway and Sweden can not, in the opinion of the Danish Government, in any possible way be considered as a consequence of any geographical zone established for the purpose of encouraging navigation between neighbouring countries, but is very clearly a particular favor granted to another nation in respect of commerce and navigation, to which Denmark therefore becomes entitled in virtue of Article I of the treaty with the United States of April 26, 1826.12 13 The geographical zone as defined by Section 14 of the Act of June 26, 1884 as amended, and by Section 36 of the Act of August 5, 1909, included "any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the Coast of South America, bordering on the Caribbean Sea, or Newfoundland," and is no doubt an expression for the desire to encourage trade and navigation between the United States and its nearest neighbours in the Western hemisphere, a policy which was not infrequent in former days and for instance was adopted also by Norway in the beginning of the 19th century. But the extension of the privilege of the 2 (or 3) cent rate to Norway and Sweden could not possibly be considered as an application of the same geographical principle. It was clearly an act granting a special favor to Norway and Sweden, and the history of the case shows, that the Government of the United States felt itself under an honorable obligation to grant this favor to Norway and Sweden in return for the similar favor which Norway and Sweden had granted to the United States in 1828. It may also be pointed out that the Order of October 4, 1909 from the U.S. Commissioner of Navigation to the Collector of Customs in New York very distinctly proves, that the arrangement is not of geographical nature, but is in the nature of a favor to a particular country (Sweden-Norway). The Order extends the 2 cent rate to vessels of Sweden and Norway (and vessels of the United States) from any port in Sweden and Norway but adds that in the case of a vessel of any other nationality arriving from Sweden or Norway, the Collector may telegraph the Bureau for instructions. This addition would appear to be unnecessary, if the arrangement were of geographical nature, and is therefore not to be found in Sec 1136 Stat. 11, 111. 13 Hunter Miller (ed.), Treaties and Other International Acts of the United States of America, vol. 3, p. 239. "23 Stat. 53, 57. tion 36 of the Act of August 5, 1909. The addition is on the other hand natural when the nature of the arrangement as a special favor to particular nations (Sweden-Norway) is remembered, the question of the application thereof to other nations being then dependent upon the treaties existing with such nations. The same may be said of the original order of April 9, 1892 which only instructed the Collectors of Customs to apply the then lowest rate (3 cents) to Norwegian and Swedish vessels, in accordance with the claim advanced by the Swedish-Norwegian Government, and thereby proves, that the arrangement was meant as a special favor to a particular country and not as an application of any geographical zone system. In the note of Mr. Secretary of State Hughes of February 20, 1924 it is furthermore said (on page 3) "nor is it contended that Danish vessels arriving in the United States from Norwegian and Swedish ports only are charged more than the two cent rate." In reply to this point it may be said that it is correct that in the argumentation of the matter here under discussion the Danish Government has not until now put the contention forward that Danish ships from Norwegian or Swedish ports are charged more than the two cent rate in the United States, but the Danish Government believes nevertheless to be in possession of evidence to the effect that such is the case. In these circumstances I have been directed to again represent to you, that the Danish interests involved in this matter are very considerable, and that the Danish Government attaches great importance to a favorable solution of the question and furthermore ventures to expect that the Government of the United States will be pleased to cause a decision to be arrived at as soon as may be found possible, in view of the fact that the case has now been pending for more than 13 years, it having been first submitted by me in a note to Mr. Secretary of State Bryan of April 19 [18?], 1913.14 Our contention is that, in virtue of the most favored nation treatment, Danish vessels arriving in the United States from Danish ports should be granted the favor accorded to Norwegian and Swedish vessels arriving from ports in Norway and Sweden, and it may here be added that, whereas Norway and Sweden had granted a similar favor to American vessels, there is in the case of Denmark no occasion for any such reciprocal concession, as Danish law does not discriminate against American navigation interests by any geographical zone system for the imposition of tonnage dues. The only guaranty that might be required in return would in our opinion be, that the Danish Government should sign a declaration to the effect, that no such geographical "Not printed. zone system exists in Danish law, if desired supplemented with the undertaking not to alter the Danish law on this point. I am finally instructed to advise you that, in case the United States Government should not now be able to see its way to admit the justice. of our claim, the Danish Government reserves to itself to propose to the American Government to have this purely juridical question settled by arbitration, with the understanding that Denmark would in such case also claim refund of all previously paid tonnage dues in excess of the 2 cent rate, where only the 2 cent rate should have been applied. I have [etc.] 811.841/294: Telegram C. BRUN The Secretary of State to the Minister in Norway (Swenson) WASHINGTON, October 4, 1926-4 p. m. 11. Telegraph Department regarding tonnage duties assessed in Norwegian ports, stating whether such duties are uniform and, if not, what rates of duties are assessed against American vessels as compared with rates assessed against other foreign vessels and Norwegian vessels. KELLOGG 811.841/294: Telegram The Secretary of State to the Minister in Denmark (Dodge) WASHINGTON, October 4, 1926–4 p. m. 34. Telegraph Department regarding tonnage duties, if any, assessed in Danish ports. If duties are assessed state whether they are uniform and if not what rates are assessed against American vessels as compared with rates assessed against other foreign vessels, and Danish vessels. This information desired in consideration of the contention of the Danish Government that in view of Article I of the Treaty with Denmark of 1826, Danish vessels arriving in the United States from Danish ports should be accorded the benefit of the minimum tonnage duty of two cents per ton provided for in the Federal Statutes, which has been accorded Norwegian vessels from Norwegian ports under the provisions of Article 8 of the Treaty with Norway of 1827.15 KELLOGG "Miller, Treaties, vol. 3, pp. 283, 288. 811.841/298: Telegram The Minister in Norway (Swenson) to the Secretary of State OSLO, October 5, 1926-noon. 23. Referring to the Department's No. 11, October 4, 4 p. m. Tonnage duties in Norwegian ports are uniform for all countries including Norway. 811.841/299: Telegram SWENSON The Minister in Denmark (Dodge) to the Secretary of State COPENHAGEN, October 5, 1926-5 p.m. [Received October 6-5:50 a. m.] 40. Your 34, October 4, 4 p. m. Shipping Board agent, Baltic and White Sea conference, and Commercial Attaché state that tonnage duties are assessed in Danish ports, but that they as well as all other charges are same for Danish and all foreign including American ships except at four relatively unimportant docks at Copenhagen, rarely used by foreign ships, privately owned and not subject to government control, at which all foreign ships must pay fifty percent additional charge. DODGE 811.841/294 The Secretary of State to the Secretary of Commerce (Hoover) WASHINGTON, October 18, 1926. SIR: I have the honor to refer to this Department's letters of February 16 and March 10, 1925, and to your Department's letter of April 17, 1925 (131200-N),16 concerning the tonnage duties to be assessed against Danish vessels arriving in the United States, and to enclose for your information a copy of a note that has been received from the Danish Legation at this capital under date of June 3, 1926,1 in further relation to this matter. In this note the Danish Government reiterates its contention that in view of the fact that Norwegian vessels arriving in the United States from Norwegian ports are granted the benefit of the two cent tonnage rate provided for in the Act approved August 5, 1909, Danish vessels arriving in the United States from Danish ports, under the provision for most 16 None printed. 17 Ante, p. 722. |