Mr. Anderson to Mr. Bayard.

No. 259.]

Sir: I have the honor to report that on the 3d of December I received a note from the royal Danish minister of foreign affairs informing me that he was ready to sign the convention for arbitration of the Carlos Butterfield claim against Denmark with me. Yesterday I accordingly called on the minister of foreign affairs, and after comparing the documents and after presenting our full powers from His Majesty the King of Denmark and from His Excellency the President of the United States, His Excellency Baron O. D. Rosenörn-Lehn, royal Danish minister of foreign affairs, and I signed our names and affixed our seals to the convention, which I herewith transmit to you in order that it may be duly submitted to the Senate of the United States for its advice and consent. As soon as the convention has been ratified by the Senate the same will be submitted to the Danish Rigsdag, for its advice and consent, prior to the exchange of ratifications in Washington.

I have, etc.,

R. B. Anderson.
[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.

R. B. Anderson,
O. D. Rosenörn Lehn.