Convention Between the United States and Denmark for the Cession of the Danish West Indies
Signed at Washington, January 24, 1902. Ratification advised by the Senate February 17, 1902. Ratified by the President, March 1, 1902.
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:
John Hay, Secretary of State of the United States; and His Majesty the King of Denmark:
Mr. Constantin Brun, Commander of Dannebrog and decorated with the Cross of Honor of the same Order, His Majesty’s Chamberlain and Envoy Extraordinary and Minister Plenipotentiary at Washington; 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 claims 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 sovereignty, entire and unincumbered except as stipulated in the present Convention, 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.
No responsibility of any kind whatever is incumbent on the Danish Government, nor on the United States Government, as to the guaranty which, conformably to the ordinance of June 16, 1876, the Colonial treasury of Sainte Croix has assumed with regard to the payment of an interest of five per cent per annum to the holders of shares of the “Sainte Croix Fallessukkerkogerier” Company limited.
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 [Page 515] Denmark, together with every right and appurtenance thereunto appertaining: it being however agreed that the arms 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 congregations belonging to the Danish National Church shall remain in possession of the churches which are now used by them, together with the parsonages appertaining thereunto, 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 may not have been sold before expiration of the said term of two years.
The Danish Government retains the claims held by the same as a creditor against the “Ste. Croix Fallessukkerkogerier” Company limited; should that Government acquire the ownership of property belonging to this Company in the island of Ste. Croix, the above provision regarding a sale within two years shall apply to such property; the two years however to begin from the date of the acquirement of ownership of said property which shall be within three years from the exchange of the ratifications of the present treaty.
Any Government archives, papers and documents relative to the islands ceded and the dominion of the same, which may now be existing there, shall pass by this cession, but an authenticated copy of such documents or papers as may be required will be at all times given by the United States to the Danish Government or to such properly authorized Danish officers or subjects as may apply for them.
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 continue until otherwise provided, to enjoy all the private, municipal and religious rights and liberties secured to them by the laws now in force. If the present laws are altered, the said inhabitants shall not thereby be placed in a less favorable position in respect to the above mentioned rights and liberties than they now enjoy. 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 convention, a declaration of [Page 516] 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 the 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 inhabitants of the islands shall be determined by the Congress, subject to the stipulations contained in the present convention.
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 the ratifications of this convention, and any Danish troops which maybe 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 terminated their Danish service, do not wish to leave the islands, they shall be allowed to remain there as civilians.
The Colonial Treasury shall continue to pay the yearly allowances now given to heretofore retired functionaries appointed in the Islands but holding no Royal Commissions, unless those allowances may have until now been paid in Denmark.
Article V
In full consideration of the cession of said islands in full sovereignty, entire and unincumbered except as stipulated in the present Convention, 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 five million dollars in gold coin of the United States.
Article VI
In case of differences of opinion arising between the High Contracting Parties in regard to the interpretation or application of this convention, such differences, if they cannot be regulated through diplomatic negotiations, shall be submitted for arbitration to the permanent court of arbitration at The Hague.
[Page 517]Article VII
The ratifications of this Convention shall be exchanged at Washington, within six months from the date hereof, after it shall have been ratified by both the High Contracting Parties according to their respective procedure.
In faith whereof the respective plenipotentiaries have signed and sealed this convention, in the English and Danish languages.