The Secretary of State to the Danish Minister
Washington, January 9, 1902.
Sir: I have had the honor to receive the note which you were pleased to address to me under date of the 7th instant and whereby you apprise me of the acquiescence of his excellency the Danish Minister for Foriegn Affairs in the text of the treaty which we have framed for the cession to the United States of the Danish West India Islands. His excellency’s acquiescence being, however, coupled with an important condition, to wit, the adoption of an engagement or understanding in regard to taking a popular vote in the islands with a view to ascertain the wishes of the inhabitants concerning a transfer to the sovereignty of the United States.
[Page 509]During the period of two years in which the question of this cession has been under consideration by the two Governments, the Government of the United States has negotiated with successive Ministries of Denmark and always with an evident and sincere desire to conform in every possible way to the views and wishes of the Danish Government in the matter. Step by step, the draft treaty has been advanced to its present shape, nearly all the proposals of the Danish Ministry having been accepted by us, even to the extent of setting aside agreements reached with one Ministry and substituting therefor amendments brought forward by its successor. It is very gratifying to me to learn that the text in its present form embodies the views and wishes of your Government as well as of mine in every particular and that the protracted negotiation is now happily closed save as to the one supplemental point raised by your present communication.
At no time in the course of our prolonged discussion of the subject has the condition of a popular vote in the islands as a precedent to the cession been seriously advanced. If a suggestion in that sense has been made, it has been with entire informality, and has not been taken up. The two Governments have until now been in full accord as to the omission of this feature.
It is now proposed that I consider the three following alternatives.
- 1.
- Will the United States Government agree to insert in Article I of the present Convention a clause similar to the provision in Article I of our Convention of October 24, 1867 concerning a vote in the islands?
- 2.
- If not, will the United States Government agree to make a special arrangement by a note with the Danish Government concerning the taking of a vote?
- 3.
- If not willing to do this either, will the United States Government agree to leave the taking of the vote entirely to the Danish Government?
By way of explanation you add:
In case our two Governments should agree to have a vote taken in the islands this vote could take place in accordance with certain specified rules to be adopted by both governments, and the Danish Government would on this point gladly conform to the wishes of the United States Government, provided that proper measures were also concerted in regard to insure the liberty and safety of the vote.
The vote in the islands should take place as soon as the ratification of the convention shall have been advised by the United States Senate.
I am constrained to express, with the President’s approval and by his direction, the conviction of this Government that the first and second of these alternatives are not of such a nature as to admit of its acquiescence therewith. The grounds of this conclusion will sufficiently appear in considering the third alternative, which is that the Government of the United States shall agree to leave the taking of the proposed vote entirely to the Danish Government.
This Government regards the question as a domestic one the solution of which pertains to Denmark alone. It deems that it cannot in any way intervene to control, prescribe or sanction the manner in which the Danish Government may arrive at a judgment as to its competency to cede the islands. It does not feel that it can be a party to the execution of a formal contract the carrying out of which may depend upon a contingency as much beyond its own sphere of action as it is within the Danish sphere.
This Government stands ready for its part to sign the agreement which has been negotiated, without question as to the competency [Page 510] of the Danish Government to do the same. Dealing as a sovereign, with a sovereign equal, it cannot share in raising a doubt as to the ability of its co-contractant to enter into the contract, or in enunciating the procedure whereby the Danish Government may satisfy itself on that score.
It is deeply regretted that at this late day, when the two years’ controversial discussion has been agreeably closed, an obstacle should be discerned in the path of Denmark, and it is sincerely to be hoped that it may not prove a barrier to the realization of a project which appears to be so mutually advantageous.
Accept [etc.]