The Secretary of State to
Minister Swenson
No. 86
Department of State,
Washington
,
January 29, 1900
.
Sir: The present time appears opportune to
approach the Government of His Majesty the King of Denmark with a view
to reviving the negotiations which in 1867 resulted in the signature of
a convention between the United States and Denmark for the cession to us
of the Danish West India Islands.
[Page 463]
The causes which at that time cooperated to defeat the confirmation of
the treaty in the United States Senate are believed now to exist no
longer, while on the other hand many good reasons combine to favor the
approval of such a convention at this juncture. The proximity of the
Danish Islands to the recently acquired territory of Puerto Rico of
which they are virtually a geographical offshoot, and the existence of a
harbor in Saint Thomas suitable for the station and repair of the naval
vessels henceforth necessarily to be maintained in the West Indies are
in point.
It is naturally presumed that the Government of His Majesty may now be
found no less kindly disposed to entertain the proposal of such a
cession than it was inclined to suggest it in 1892, on the occasion of
the celebration of the four hundredth anniversary of the Columbian
discovery of America. In this connection you may examine the
confidential report made to Mr. Secretary Foster by your predecessor Mr.
Carr under date of November 28, 1892 (No. 129),6 but it will not be necessary for you to make use of
this precedent unless it should be recalled by the Minister for Foreign
Affairs in any conversation he may have with you on the subject. It is
presumed also that His Majesty’s Government will readily appreciate, if
indeed it shall not have anticipated the changed territorial and
political conditions in that part of the West Indies which make it
desirable to include the remaining Danish possession of Sainte Croix in
whatever negotiation may now be found feasible.
Bearing these considerations in view, and cordially mindful of the strong
friendship between the two countries, of which Denmark gave so
conspicuous an evidence in 1867 and which has been since testified in
other ways, the President desires that you shall sound the Government of
His Majesty touching its disposition to enter upon negotiations for the
acquisition by the United States of the Danish Islands in the West
Indies, comprising Saint Thomas, Saint John and Sainte Croix with their
outlying islets, rocks and appurtenances.
In the event of a favorable reception of this proposal you will submit
for the consideration of the Danish Government a copy of the enclosed
draft of a convention which, it is believed, while simplified in some
respects as compared with the form signed in 1867, will completely
effect the purpose designed.
You may say to his excellency the Minister for Foreign Affairs, in the
event of his entertaining this proposal in the friendly spirit in which
it is put forward, that it is thought desirable to bring the matter in
definite shape before the Senate at an early day, and that if the
subjoined draft convention is substantially accepted, I would be
prepared to sign it with the Danish Minister at this capital on his
receipt of telegraphed authority to that end.
You will use the cable freely in reporting your execution of this
instruction, employing the cipher for all messages in this regard, and
you will supplement your cabled reports with full details by mail.
I am [etc.]
[Page 464]
[Inclosure]
Draft Convention with Denmark
Convention between His Majesty the King of Denmark and the United
States of America, to effect the cession to the United States of the
Danish Possessions in the West Indies.
The United States of America and His Majesty the King of Denmark
being desirous of confirming the good understanding which exists
between them, have to that end appointed as Plenipotentiaries:
His Majesty the King of Denmark, ———— ————, and the President of the
United States, ———— ————, who having mutually exhibited their full
powers, found to be in due form, have agreed upon and signed the
following articles.
Article I
His Majesty the King of Denmark agrees to cede to the United States
immediately upon the exchange of ratifications of this convention
the Islands of Saint Thomas, Saint John and Sainte Croix in the West
Indies with the adjacent islands and rocks.
This cession conveys to the United States the said islands and
appurtenances in full and entire sovereignty, with all the dominion,
rights and powers which Denmark now possesses and can exercise in
them, free and unincumbered by any grants, conditions, privileges of
franchises in any way affecting or limiting the exercise of such
sovereignty.
Article II
The aforesaid cession conveys to the United States the absolute fee
and ownership of all public, Government or Crown Lands, public
buildings, ports, harbors, fortifications, barracks and all other
public property of every kind and description belonging to the
Government of Denmark, together with every right and appurtenance
thereunto appertaining.
It is however understood, that the Lutheran Congregation shall remain
in possession of the churches which are now used by them, and that
sums due to the Danish Treasury by individuals are reserved and do
not pass by this cession.
Article III
The Danish subjects inhabiting said islands may remain therein or may
remove therefrom at will, retaining in either event all their rights
of property, including the right to sell, or dispose of such
property or of its proceeds, and they shall also enjoy all civil and
religious liberties and be allowed to carry on their industry,
commerce and professions, being subject to such laws as are
applicable to other foreigners. In case they remain in the islands
they may preserve their allegiance to the crown of Denmark by making
within two years from the date of the exchange of ratifications of
this convention a declaration of their intention to preserve such
allegiance, in default of which declaration they shall be held to
have renounced it and to have elected allegiance to the United
States.
Article IV
Formal delivery of the territory and property ceded as aforesaid
shall be made immediately after the payment by the United States of
the sum of money stipulated in the Fifth Article hereof; but the
cession with the right of immediate possession is nevertheless to be
deemed complete on the exchange of ratifications of this convention,
and any Danish troops which may be in the territory or islands
aforesaid shall be forthwith withdrawn as soon as may be reasonably
and conveniently practicable.
Article V
In full consideration of the cession of said islands to the United
States, free of all incumbrance, the United States agrees to pay
within ninety days from the date of the exchange of ratifications of
this convention, in the city of Washington, to the diplomatic
representative or other agent of His Majesty the King of Denmark
duly authorized to receive the same, the sum of three and one half
million dollars in gold.
[Page 465]
Article VI
When this convention shall have been ratified by both the High
Contracting Parties according to their respective procedure, the
ratifications shall be exchanged at Washington as soon as possible
within six months from the date hereof.
In faith whereof the respective plenipotentiaries have signed and
sealed this convention, in the English and Danish languages.
Done at ——, the —— day of ——, in the year of Our Lord one thousand
nine hundred.
