[Inclosure in No. 259.]
Agreement between the United States of America and
the Kingdom of Denmark to submit to arbitration the claim of Carlos
Butterfield and Company against the Government of
Denmark.
Whereas the Government of the United States of America has heretofore
presented to the Kingdom of Denmark the claim of Carlos Butterfield and
Company, of which Carlos Butterfield, now deceased, was the surviving
partner, for an indemnity for the seizure and detention of the two
vessels, the steamer Ben Franklin and the barque
Catherine Augusta, by the authorities of the
island of St. Thomas of the Danish West India Islands in the years 1854
and 1855; for the refusal of the ordinary right to land cargo for the
purpose of making repairs; for the injuries resulting from a shot tired
into one of the vessels, and for other wrongs;
Whereas the said governments have not been able to arrive at a conclusive
settlement thereof; and
Whereas each of the parties hereto has entire confidence in the learning,
ability, and impartiality of Sir Edmund Monson, Her British Majesty’s
envoy extraordinary and minister plenipotentiary in Athens—
Now, therefore, the undersigned, Rasmus B. Anderson, minister resident of
the United States of America at Copenhagen, and Baron O. D.
Rosensörn-Lehn, royal Danish minister of foreign affairs, duly empowered
thereto by their respective governments have agreed upon the
stipulations contained in the following articles:
Article I.
The said claim of Carlos Butterfield and Company shall be referred to the
said Sir Edmund Monson, Her British Majesty’s envoy extraordinary and
minister plenipotentiary in Athens, as sole arbitrator thereof in
conformity with the conditions hereinafter expressed; to which end the
high contracting parties agree to communicate to him in writing their
common desire to commit the matter to his arbitration.
[Page 152]
Article II.
The arbitrator shall receive in evidence before him duly certified copies
of all documents, records, affidavits, or other papers heretofore filed
in support of or against the claim in the proper department of the
respective Governments, copies of which shall at the same time be
furnished to the other Government. Each Government shall file its
evidence before the arbitrator within seventy-five days after its
receipt of notice of his acceptance of the position conferred upon
him.
Each party shall be allowed seventy-five days thereafter to file with the
arbitrator a written argument. The arbitrator shall render his award
within sixty days after the date at which the arguments of both parties
shall have been received.
Article III.
The expenses of such arbitration, which shall include the compensation of
a clerk at the rate of not more than two hundred dollars a month, should
the arbitrator request such aid, shall be borne by the two Governments
jointly in equal moieties.
Article IV.
The high contracting parties agree to accept the decision of the
arbitrator as final and conclusive and to abide by and perform the same
in good faith and without unnecessary delay.
Article V.
This agreement shall be ratified by each Government and the ratifications
exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed and
sealed the present agreement in duplicate in the English and Danish
languages.
Done at Copenhagen
this sixth day of
December in the year of our Lord one thousand eight hundred and
eighty-eight.
R. B. Anderson,
[
seal.]
O. D.
Rosenörn Lehn.
[
seal.]
