[Untitled]

No. 257

Sir: I have the honor to confirm my cablegrams of the 16th and 17th instant and to acknowledge the receipt of yours of the 17th and 19th, in reply, as follows: [Printed ante]

Tuesday, last week the Minister of Foreign Affairs told me that in case the Rigsdag was prorogued without having given its consent to the ratification of the treaty, the King would be very reluctant to authorize a prolongation of the six months’ period stipulated in the treaty.

He was of opinion that if the United States Government declared its readiness to extend the limit for ratification, His Majesty would not feel at liberty to withhold his sanction. As soon as the fate of the conference committee’s report had been settled, I accordingly cabled you as above. On the following day, the 17th, the Minister for Foreign Affairs informed me that he had seen the King; and that owing to His Majesty’s attitude he wished my Government to make the request for the extension of the period for ratifying the treaty. He admitted that the customary procedure would require that such proposal come from the Danish Government; but hoped that under the circumstances no question of formality would be raised and that the course suggested would be acceptable. I was shown a cablegram from the Danish Minister at Washington, in which he reported that you had expressed a desire on the 15th instant to have the period in question extended. I supposed that this would be sufficient for Mr. Deuntzer’s purpose; but he did not consider it an official request; and I therefore immediately cabled you as per my second message above.

[Page 532]

Your reply was communicated to the Foreign Office in a note, dated the 20th instant, a copy of which is enclosed herewith. The Minister of Foreign Affairs has verbally expressed his satisfaction with your instruction to me; and has assured me that Mr. Brun will be authorized to sign the necessary protocol. The matter will be brought up in a Council of State to be held to-morrow. To further elucidate the present status of the question of ratification, I continue my report of the proceedings in the Rigsdag and add such other information as I consider pertinent.

As indicated in my No. 255, of May 6th, the Landsthing on the following day restored the resolution sent up from the Folkething to the form originally given it by the upper house. The minority leader thereupon moved that, in view of the conflict between the two houses, the matter be referred to a conference committee to be composed of thirty members: fifteen from each house. This motion prevailed, and was subsequently concurred in by the Folkething. On the 9th instant the conferees were elected. The committee held meetings May 10, 12, 13, and 15. Some of the members of the Right showed a disposition to agree to a compromise; but Dr. Matzen, a stubborn opponent of the treaty, made the differences appear irreconcilable, and with his party colleagues, including Schested and Goss of the former Ministry, succeeded in preventing an agreement. Two reports were consequently made: a majority recommending the adoption of the resolution previously passed by the Folkething, and a minority recommending the adoption of that previously passed by the Landsthing. See my Nos. 253 and 255, dated the 25th ultimo and the 6th instant, respectively. The three representatives of the independent group in the Landsthing voted with the Left, or Ministerial party. The Right, or Opposition, had eight members on the committee—all from the upper house; their insignificant following not entitling them to any representation from the Folkething.

I enclose a copy, together with a translation, of the committee’s report, which was submitted to the Rigsdag on the 16th instant, with the result that the resolution proposed by the majority passed the Folkething by a vote of 98 to 2 (not 97 as above), 5 not voting, and 8 being absent; whereas the one proposed by the minority passed the Landsthing by a vote of 33 to 30, 1 not voting and 1 being absent.

The absentee, who was sick, would have voted with the minority, making the margin two instead of three. It was with the greatest difficulty that the Right held its votes together in the upper house. One member of that party refused to vote. A motion to reject the treaty would have been defeated as it had previously been in secret session. As soon as the test vote referred to above had revealed to the Opposition leaders the fact that a number of their party adherents favored ratification, they resorted to indirections for the purpose of presenting a united front. They proposed to defer action on the treaty until the advice of the electors to the colonial councils in the islands had been asked. By means of frequent caucuses, in which strict party discipline was enforced, they thus succeeded in delaying matters and, finally, in bringing about a disagreement between the two houses of the Rigsdag.

[Page 533]

Much party feeling was injected into the debate, which at times was quite acrimonious. It was pointed out by the Ministerial side that there had formerly appeared to be a general sentiment in favor of selling the islands; that a despatch from Mr. Carr to the Secretary of State showed that Mr. Estrup, the present leader of the Opposition, had favored such sale in 1894, when he was President of the Council and Minister of Finance; that the Horring and Schested Ministries, both of the Right, had conducted negotiations looking to a transfer; that the finance committee of the Landsthing had advised the conclusion of a treaty of cession in two communications to the Minister of Foreign Affairs, one dated January 24, 1901, the other, January 22, 1902—two days before the treaty was signed at Washington; that members who now opposed a plebiscite (because the friends of the treaty declared themselves willing to accept it) had shortly before the conclusion of the convention signed a petition to the King, Ministry, and Rigsdag, praying that

no decision with respect to the alienation of our West India colonies be taken except on the basis of a free vote by the inhabitants of the islands, in accordance with the principles of a popular franchise, and that the necessary arrangements for the taking of such vote be made as soon as the circumstances will permit.

See in this connection my No. 238, of December 27, 1901. Surprise was also expressed that members who had helped to form committees and had contributed of their private means for a prosale campaign now were numbered among the gentlemen that placed obstacles in the way of ratification; and that four former members who had held portfolios in the Horring and Schested Ministries—Mr. Schested, Minister of Foreign Affairs, included—now supplied the enemies of the treaty with the necessary votes to prevent ratification.

The letters from the Finance Committee referred to above may be of interest to you. Translations of the same follow:

Finance Committee of the Landsthing,
Copenhagen, January 24, 1901.

Having duly considered the communications from their excellencies the Minister of Foreign Affairs and the Minister of Finance with respect to a proposal from the United States Government for the cession of the Danish West Indies to the United States of America, a majority of the Landsthing’s Finance Committee (all excepting Carstensen) does not advise against (11 members, on the contrary recommending) such session, if:

1.
By treaty stipulation the islands and their inhabitants secure such measure of civil liberty and fee trade with the United States as is necessary for a better economic development, contributing to the welfare of the people, than can be expected under Denmark, even if our country were prepared to make greater sacrifices, especially pecuniary, than we have reason to expect.
2.
And the Danish Treasury, in consequence of the conditions of such cession, is completely, or at any rate approximately, indemnified for its claims against the colonial treasuries and the burdens resulting from the cession. Carstensen advises against the proposed session.

C. Moltke

To His Excellency
The President of the Council.

The Committee of the Landsthing,
Copenhagen, January 22, 1902.

In compliance with your excellency’s request, you are hereby advised that the majority of the Finance Committee (8) members adheres to its communication of January 24, 1901, to the former President of the Council, in accordance with which one member of the majority (Carstensen) is unconditionally opposed to [Page 534] the sale of the West India Islands, while the remaining seven insist on the conditions set forth in the letter referred to above, especially that, by treaty stipulation the islands and their inhabitants secure such measure of civil liberty and free trade with the United States as is necessary for a better economic development than can be expected under Denmark.

The aforesaid members of the majority beg to add that in case such stipulation can not be secured, they will, nevertheless, under the circumstances, agree to a cession of the islands, if the inhabitants are given an opportunity to vote in a satisfactory manner on the question whether they wish to remain under Denmark or prefer that the islands be ceded to the United States, and if the vote shows the latter preference.

The minority (7 members) approves the draft of convention for the cession of the islands submitted by your excellency.

C. Moltke

His excellency,
President of the Council, and Minister of Foreign Affairs Deuntzer.

Of the eight composing the majority of the Finance Committee, only Mr. Carstensen has shown consistency; the others have not respected the written pledge given to the Minister of Foreign Affairs.

Mr. Koch, the spokesman of the majority in the Landsthing, was among the members who had signed the petition referred to above, “confidently and earnestly” praying the King, the Ministry and the Rigsdag that the question of ceding the Danish West Indies to the United States be submitted to a plebiscite in the islands. In the course of the debate on the treaty, he said: On April 22d—

I have established, by reference to our legislation, that the West Indies have a coordinate position with the rest of the monarchy; and that the inhabitants are just as good citizens of Denmark as the honorable member (Madsen-Mygdal) and I * * *.

On May 7th:

We stand on legal ground, the ground indicated by our legislation, when we say that the only persons we can ask (for advice as to cession) are the electors to the colonial councils. Others have had nothing to say regarding the affairs of the islands, as long as these have been in our possession * * *.

On May 16th:

A satisfactory election can not, in our opinion, be secured through a plebiscite * * *. The contents of petitions are, of course, wholly indifferent to the Rigsdag, which needs pay no regard thereto. We do not permit ourselves to be guided thereby * * *. When, as signer of the petition referred to, I have previously expressed myself in favor of a plebiscite, I have, in common with many others, not considered the subject in all its bearings.

In view of the inconsistency and shifting of ground explained above, the Ministry thought it useless to continue the session any longer; and accordingly the Rigsdag was prorogued on the day following the vote reported in my cablegram to you. An election to the Lands-thing takes place in September, when one half (27) of the elective members are to be chosen. The Right has 35 out of the 66 members of the Landsthing as at present constituted.

The Ministry feels quite confident of reducing this number sufficiently by the coming elections to secure control of the Upper House in the next Rigsdag, which will convene in October.

The Minister of Foreign Affairs says that even if such result is not obtained, he at present intends to lay the treaty before the Rigsdag again at its next session.

I have [etc.]

Laurits S. Swenson
[Page 535]
[Inclosure 1]

Minister Swenson to the Minister of Foreign Affairs

No. 154

Excellency: I have the honor to communicate to your excellency the following cablegram, which I received last night from the Secretary of State.

“Propose to Minister for Foreign Affairs extension for one year of period of ratification.”

Pursuant to this instruction, I would respectfully request that the Danish Minister at Washington be authorized to sign a protocol for the desired extension of the six months’ limit for the ratification of the treaty for ceding the Danish West Indies to the United States.

In view of the fact that the Danish Rigsdag has been prorogued without having taken action on the treaty, your excellency will appreciate the reasons for making the above proposal.

I avail [etc.]

Laurits S. Swenson
[Inclosure 2—Translation]

[Untitled]

Report of conference committee of Rigsdag on treaty for cession of Danish West Indies, May 15, 1902.

The attempt to agree on a resolution whereby both houses of the Rigsdag concurrently give their sanction to the convention of January 24th last has failed.

The majority (Blem, Jens Busk, N. Hansen, Harald Jensen, J. Jensen (Alb. A. I. V.) S. Jensen, Jensen-Stengaarden, K. M. Clausen, Madsen-Mygdal, Neergaand, Anders Nielsen, Chr. Nielsen, Norhave, Ole Olsen, N. Pedersen, Philipsen, Reevtz-Thott, Rosager, Rosleff, Steensen-Leth, Zahle) insists that the vote in the islands on which ratification is to be made dependent shall be a free vote in accordance with the principles of a common franchise; as was originally desired by all parties that demanded the final conclusion of the treaty made dependent upon a plebiscite. In conference, the majority moved that the right to vote be granted every person of good character, who has attained the age of 25, who has the right of a native, or who has resided in the islands for a period of at least five years; unless, having no household of his own, he is employed as a private servant, and provided that he has at no time been a public charge, and that he has the disposal of his own estate. This proposal the minority has declined to entertain; intimating, however its willingness to extend the right of franchise beyond the limit applying to electors for members of the colonial councils.

It has thus been proposed to give the right of franchise to every person of good character who has attained the age of 25, who has the right of a native or has resided in the islands for a period of five years, who can prove that he has an annual income of at least 300 West India dollars or real estate yielding a rental of at least 50 West India dollars. The minority further demands that the voting shall take place before the Rigsdag takes final action; and it will commit itself to ratification only in case the result of the election shows a three-fourths majority in favor of ceding the islands to the United States. With respect to this suggested proposal the majority has declared that if the minority would drop its limitation of the franchise, which it was impossible for the majority to accept, the latter was willing to consider the other details, including the agreement on a certain majority; and would likely be prepared to make concessions. This representation, however, proved unavailing.

The minority (la Cour, Goos, Hansen-Soleval, Koch, Matzen, Moltke-Lystrup, Holger Petersen, Schested) begs to remark that it has been unable to accept the proposal for a plebiscite, which would essentially be governed by the same rules that obtain in elections for members of the Danish Folkething. The differences between the inhabitants of this country and those of the islands are so great that the minority considers it very questionable to permit the bulk of the inhabitants of the islands to exert a decisive influence in so important a question for the future of the islands by giving them a right to vote for or against the treaty of January 24, 1902. They are generally unmoneyed, and have heretofore been excluded from all influence on or participation in the public affairs [Page 536] of the islands. To give these persons a right to vote, the minority finds so much the less defensible in view of the fact that, in its opinion, the only consideration that would speak in favor of a cession of the islands is their present and future economic welfare. Consequently, only that part of the population which has real economic interests in the islands ought to have an influence in deciding the question under consideration. It should be added that the vote proposed by the majority would not be a satisfactory (honest) vote, such as has always been expressly demanded by the Landsthing. On the contrary, the minority expressed the opinion, in the meetings of the committee, that, considering the economic depression in the islands, it would be safe, in addition to the electors to the colonial councils, pursuant to the colonial law of November 27, 1863, to give the right of franchise to every person of good character having attained the age of 25, who has the right of a native or has resided in the islands the last 5 years, and who has an annual income of at least 300 West India dollars, or owns real estate in the islands the annual rental of which can be estimated at 50 West India dollars. Such voting should be secret; should be superintended by a commissioner sent from here by the King for that specific purpose; and should be taken separately on each of the islands. The minority remarked that the number entitled to vote under the above arrangement had been estimated to be more than twice the number of the electors to the colonial councils. He also added that in case the Rigsdag should find that three-fourths of the electors had voted for a cession, it ought to give its consent to ratification.

This proposal by the minority was, however, declared unacceptable to the majority.

Although the majority is of opinion that at this stage further discussion of the matter is useless, it wishes to remark that, in the foregoing the minority is guilty of an utterly untenable contention when it asserts that only those having an annual income of at least 300 West India dollars or owning real estate in the islands the annual rental of which may be estimated at 50 West India dollars have real economic interests in the islands. The patent absurdity of this contention is so self-evident that it needs no refutation; but the majority has considered it best to invite the attention of the members of the Rigsdag as well as that of the public to the kind of arguments the minority make use of to avoid what is the only possible and justifiable course in case advice from the islands is to be sought, namely to take a plebiscite. Such vote has, indeed, been demanded by prominent members of the minority, as for instance in the petition which was handed to the King, praying that “no decision with respect to the alienation of our West India colonies be taken except on the basis of a free vote by the inhabitants of the islands, in accordance with the principles of a popular franchise, and that the necessary arrangements for the taking of such vote be made as soon as the circumstances will permit.”

The following resolution is submitted for adoption by the two houses:

By the majority:

The Rigsdag gives its consent to the convention concluded at Washington January 24, 1902, for the cession of the West India Islands of St. Thomas, St. Johns, and St. Croix to the United States, on condition that the inhabitants of the islands, through a plebiscite (similar to that of 1867), arranged by the Danish Government express themselves in favor of ceding the islands to the United States of North America.

By the minority:

Before the Rigsdag takes final action on the convention of January 24, 1902, the electors to the colonial councils of St. Thomas, St. John, and St. Croix, as provided in paragraph one, clause one, of the colonial law of November 27, 1863, shall vote, secretly, on the question whether they wish to remain under Denmark or prefer that the islands shall be ceded to the United States of North America. Such election shall be superintended by a commissioner sent from here by His Majesty the King for this specific purpose.

(The report is signed by 29 members—one, Harald Holm, being absent when it was adopted.)