Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I

Minister O’Brien to the Secretary of State.

American Legation,
Copenhagen, February 9, 1906.

No. 74.]

Sir: Referring to dispatch No. 47 from Mr. Lorillard, Chargé d’affaires of this legation of November 27, in which reference was made to an unratified treaty between Denmark and the Netherlands, I now have information that on the 6th instant the Landsthing took affirmative action, and it may be assumed, therefore, that an early exchange will follow.

Along with the dispatch in question, you were provided with a copy of the treaty referred to.

I have, etc.

T. J. O’Brien.

treaty of abritration between denmark and the netherlands.

[Translation.]

His Majesty the King of Denmark and Her Majesty the Queen of the Low Countries, feeling themselves inspired by the objects of the convention for the peaceful regulation of international disputes concluded at The Hague July 29, 1899, and desiring notably to secure the principle of obligatory arbitration in their reciprocal relations by a general agreement of the nature pointed out in section 19 of the said convention, have decided to conclude a convention to this end and have named as their plenipotentiaries, to wit: His Majesty the King of Denmark; Mr. Johan Henrick Deuntzer, president of the council of his ministers and his minister for foreign affairs, etc.; and Her Majesty the Queen of the Netherlands; Mr. Jacob D. Carl Baron de Heeckeren de Kell, her envoy extraordinary and minister plenipotentiary near His Majesty the King of Denmark, etc., who after having communicated their full powers, which were found in good and due form, have agreed on the following articles:

Article 1.

The high contracting parties pledge themselves to submit to the permanent court of arbitration all differences and suits between them, which have not been able to be settled through diplomatic channels.

Article 2.

In each particular case the high contracting parties, before applying to the permanent court of arbitration, shall sign a special agreement determining clearly the object of the difference, the extent of the power of the arbitrators, and the delays to be observed in what concerns the makeup of the arbitration court and the procedure.

Article 3.

It is clearly understood that article 1 is not applicable to differences between litigators of one of the contracting states and the other contracting state which the courts of this last state would, according to the laws of this state, be competent to hear.

Article 4.

Governments not signatory to this convention may adhere to the present convention. The government which desires to adhere will notify its intention in writing to each of the contracting governments.

The adhesion shall take effect on the date the adhering government shall communicate to each of the contracting governments that all these governments have-acknowledged receipt of its notification.

Article 5.

If one of the contracting governments should denounce the present convention, this declaration shall not take effect until one year after the notification, made in writing to each of the other contracting governments.

Article 6.

The present convention shall be ratified with the least delay possible, and the ratifications shall be changed at The Hague.

In the hope of which the respective plenipotentiaries have signed the present convention and affixed their seals to it.

Copenhagen, February 12, 1904.

• Deuntzer.
• Carl von Heeckeren.