File No. 711.5914/49a
The Acting Secretary of State to Minister Egan
Washington , March 14, 1916, 6 p.m.
88. Please submit to the Foreign Minister the attached draft of a treaty of cession of the Danish West Indies. Article III, Section 3, refers to certain concessions regarding which the United States may undertake to assume and discharge the obligations now incumbent upon the Danish Government. Of the concessions mentioned the Department has not seen the original documents relating to the concessions to the Saint Thomas Dock, Engineering and Coal Company, to the West India Company regarding improvement of Saint Thomas Harbor, and to Ejnar Svendsen; nor the original documents relating to the Danish Government’s guarantee of Saint Thomas Harbor four per cent loan of 1910. The undertaking in Article III, therefore, is subject to the Department’s further examination of the original documents relating to the concessions and guarantees therein mentioned. Bring the foregoing to the attention of the Foreign Minister, obtain the original documents mentioned, mail them immediately to Department and telegraph brief summary of them. Keep Department fully advised and use greatest possible precaution to keep negotiations absolutely secret.
The United States of America and the Kingdom of Denmark, being desirous of strengthening, if possible, the good understanding which exists between them, have, for that purpose appointed as their Plenipotentiaries: the President of the United States, Robert Lansing, Secretary of State of the United States: and His Majesty the King of Denmark, Constantin Brun, his Envoy Extraordinary and Minister Plenipotentiary to the United States; and the said Plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles:
Article I
Denmark by this convention cedes to the United States all territory, dominion and sovereignty, possessed, asserted or claimed by Denmark in the West Indies, including the Islands of St. Thomas, St. John and St. Croix, together with the adjacent islands and rocks.
This cession includes the right of property in all public, Government, or Crown lands, public buildings, wharves, ports, harbors, fortifications, barracks, funds, rights, franchises, and privileges, and all other public property of every kind or description now belonging to Denmark, together with all appurtenances thereto.
In this cession shall also be included any Government archives, records, papers or documents which relate to this cession or the rights and property of the inhabitants of the islands ceded, and which may now be existing either in the islands ceded or in Denmark. Such archives and records shall be carefully preserved, and authenticated copies thereof, as may be required, shall be at all times given to the United States Government or the Danish Government, as the case may be, or to such properly authorized persons as may apply for them.
Article II
Denmark guarantees that the cession made by the preceding article is free and unincumbered by any reservations, privileges, franchises, grants or possessions, by any governments, corporations, syndicates or individuals, except as [Page 605] herein mentioned. But it is understood that this, cession does not in any respect impair private rights which by law belong to the peaceful possession of property of all kinds, by private individuals, of whatsoever nationality, by municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the islands ceded. 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. It is specially agreed, however, that:
- (1)
- 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, within one year after the exchange of ratifications of this convention, be removed by it, unless they, or parts thereof, may have been bought by the Government of the United States; it being however understood that flags and colors, uniforms and such arms or military articles as are marked as being the property of the Danish Government shall not be included in this cession.
- (2)
- The pecuniary claims now held by Denmark against the colonial treasuries of the islands ceded are altogether extinguished in consequence of this cession and the United States assumes no responsibility whatsoever for or in connection with these claims.
- (3)
- The United States will assume and continue to
discharge the obligations incumbent upon the Danish
Government at the date of this treaty under the
following grants:
- Concession of March—, 1897, to the St. Thomas Dock, Engineering and Coaling Company, Limited, relative to a floating dock in St. Thomas Harbor;
- Royal Decree of November 30, 1914, relative to subsidies to the West India and Panama Telegraph Company (Ltd.);
- Concession of July 7, 1912, to the West India Company, Ltd. relative to the improvement of St. Thomas Harbor;
- Concession of (Space for date) to Ejnar Svendsen for the construction and operation of an electric light plant in Christiansted, St. Croix;
- Concession of November 3, 1906, to K. B. Hey to establish and operate a telephone system on St. Thomas Island;
- Concession of February 28, 1913, to the Municipality of St. Croix to establish and operate a telephone system on St. Croix Island.
- Concession of June 20, 1904, for the establishment of the Danish West India National Bank;
- Guarantee of (Space for date) relative to the St. Thomas Harbor four per cent loan of 1910.
- (4)
- No responsibility of any kind whatsoever is incumbent on the Danish Government, or 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 the shares of the Sainte Croix Fallessukkerkogerier Company, Limited. The Danish Government retains the claims held by it as a creditor against the Ste. Croix Fallessukkerkogerier Company, Limited, and should the Danish Government acquire the ownership of property belonging to this company in the Island of Ste. Croix, the following provision (5) 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, if at all, shall be within three years from the date of the exchange of the ratifications of the present convention.
- (5)
- Whatever sum shall be due to the Danish Treasury by individuals on the date of the exchange of ratifications are reserved and do not pass by this cession; and where the Danish Government shall at that date 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, any portion of such property remaining unsold at the expiration of the said term of two years.
- (6)
- The colonial treasuries shall continue to pay the yearly allowances now given to functionaries appointed in the islands but holding no Royal commissions, who have been retired prior to the date of this convention unless those allowances may have until now been paid by the Danish Treasury, but no allowance in arrears shall be so paid.
Article IV
The Danish Government shall appoint, with convenient despatch, an agent or agents for the purpose of formally delivering to a similar agent or agents appointed on behalf of the United States, the territory, dominion, property and appurtenances which are ceded hereby, and for doing any other act which may be necessary in regard thereto. Formal delivery of the territory and property ceded shall be made immediately after the payment by the United States of the sum of money stipulated in this convention; but the cession with the right of immediate possession is nevertheless to be deemed complete on the exchange of the ratifications of this convention without such formal delivery. Any Danish military or naval forces which may be in the islands ceded shall be withdrawn as soon as may be practicable after the exchange of ratifications, but not later than six months thereafter, it being however understood that if the persons constituting these forces, after having terminated their 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 made by this convention, the United States agrees to pay, within six months from the date of the exchange of the 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 Twenty-five Million Dollars in gold coin of the United States.
Article VI
Danish subjects residing in the territory ceded may remain in such territory or may remove therefrom, retaining, in either event, all their rights of property, including the right to sell or dispose of such property or of its proceeds, and their right to carry on their industry, commerce and professions, being subject in respect to these rights to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Denmark by making, before a court of record, within a year from the date of the exchange of ratifications of this convention, 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 adopted the nationality of the territory in which they may reside.
The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress of the United States.
Article VII
Danish subjects residing in the islands shall be subject in matters civil as well as criminal to the jurisdiction of the courts of the islands, pursuant to the ordinary laws governing the same; and they shall have the right to appear before such courts, and to pursue the same course therein as citizens of the country to which the courts belong.
Article VIII
Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the islands ceded shall be determined according to the following rules
- 1.
- Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right to review under Danish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.
- 2.
- Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending as in the court that may be substituted therefor.
- 3.
- Criminal actions pending on the date mentioned before the Supreme Judicial Tribunal of Denmark against persons of the islands ceded by this convention shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.
Article IX
The rights of property secured by copyrights and patents acquired by Danish subjects in the islands ceded at the time of the exchange of the ratifications of this treaty, shall continue to be respected.
Article X
The United States agrees to receive from Denmark consular officers in the ports and places of the islands ceded by the present convention, except where it may not be convenient to recognize such officers.
Article XI
In view of the development of the political and economic interests of Denmark in Greenland, the United States will not object to the claim of Denmark to take such measures of control and protection in Greenland as she may deem proper and necessary to safeguard and advance these interests, provided that such measures are not contrary to the principle of equal opportunity in whatever concerns the commerce and industry of all nations. Denmark engages to extend so much as is in force of the provisions of the Convention of Friendship, Commerce and Navigation concluded April 26, 1826, with the United States, to Greenland, Iceland and the Faroe Islands.
Article XII
The ratification of this convention shall be exchanged at Washington as soon as possible after ratification by both of 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.
Done at Washington the——day of—————, in the Year of our Lord One Thousand Nine Hundred and Sixteen.
(Seal)
(Seal)