[Inclosure]
[Untitled]
Draft of Treaty with Denmark for cession of islands including
modifications suggested in Danish Minister’s note of June 29, 1901,
which are underscored in red ink.9
danish 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:
The President of the United States ———— ————, and His Majesty the
King of Denmark, ———— ————, who having mutually exhibited their full
powers, which were found to be in due form, have agreed upon the
following articles:
Article I
His Majesty the King of Denmark agrees to cede to the United States
immediately upon the exchange of the ratifications of this
convention the Islands of Saint Thomas, Saint John and Sainte Croix,
in the West Indies, with the adjacent islands and rocks, comprising
in said cession all title and claim of title to the territories in
and about said islands over which the Crown of Denmark now
exercises, asserts or claims jurisdiction.
This cession conveys to the United States the said islands and
appurtenances in full, entire and unincumbered sovereignty, with all
the dominion, rights and powers which Denmark now possesses,
exercises, asserts and claims therein, it being however understood
and agreed that the consummation of said cession does not import the
transference to the United States of the financial claims now held
by Denmark against the colonial treasuries of the islands. It being agreed that these claims are altogether
extinguished in consequence of the cession, and it is
moreover understood and agreed, that the United States will assume
and continue to discharge from the time of the cession the obligations heretofore incumbent upon the
Danish Government, towards the St. Thomas Floating Dock
Company and the West India and Panama Telegraph Company.
Article II
The aforesaid title 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 being however agreed that the arms
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and military stores
existing in the islands at the time of the cession and belonging to
the government of Denmark shall remain the property of that
Government and shall, as soon as circumstances
will permit, be removed by it, unless they, or parts thereof,
may before have been bought by the Government of the United
States, upon a special agreement made with the Government of
Denmark, it being however understood that flags and colors,
uniforms and such arms or military objects as are marked as
being the property of the Danish Government shall not be
included in such purchase.
It is moreover agreed and understood: first, that the congregation belonging to the Danish National Church
shall remain in possession of the churches which are now used by
them, and, secondly, that sums due to the Danish Treasury by
individuals are reserved, and do not pass by this cession: and where
the Danish Government shall at the time of the cession hold property
taken over by the Danish Treasury for sums due by individuals, such
property shall not pass by this cession, but the Danish Government
shall sell or dispose of such property and remove its proceeds, within two years from the date of the
exchange of ratifications of this convention. The
United States Government being entitled to sell by public
auction, to the credit of the Danish Government, what might not
have been sold before expiration of the said term of two
years.
Article III
Danish subjects residing in 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 its proceeds, and in case they remain in the
islands they shall 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.
Those who remain in the islands may
preserve their allegiance to the Crown of Denmark by
making, before a Court of record, within two years from the date of
the exchange of ratifications of this treaty a declaration of their
decision to preserve such allegiance; in default of which
declaration they shall be held to have renounced it and to have
accepted allegiance to the United States; but such election of
Danish allegiance shall not, after the lapse of said term of two
years be a bar to their renunciation of their preserved Danish
allegiance and their election of allegiance to the United States and
admission to the nationality thereof on the same terms as may be
provided according to the laws of the United States, for other
inhabitants of the islands.
The civil rights and the political status of the native inhabitants
of the islands shall be determined by the Congress.
Danish subjects not residing in the islands but owning property
therein at the time of the cession shall retain their rights of
property, including the right to sell or dispose of such property,
being placed in this regard on the same basis as the Danish subjects
residing in the islands and remaining therein or removing therefrom
to whom the first paragraph of this article relates.
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 islands aforesaid shall be
withdrawn as soon thereafter as may be practicable, but not later than six months after the said
exchange; it being however understood that if those persons,
after having quitted the Danish service, do not wish to leave
the islands, they shall be allowed to remain there as
civilians.
Article V
In full consideration of the cession of said islands in full, entire,
and unincumbered sovereignty, 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 money, the sum of four million
dollars in gold coin of the United States.
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Article VI
The ratifications of this convention shall be exchanged at
Washington, within six months from the date at which it shall have
been ratified by both the High Contracting Parties according to
their respective procedures.
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 and one.
