File No. 711.5914/59
The Secretary of State to Minister Egan
Washington , June 9, 1916, noon .
110. Your 107, May 23, and 240, April 27. This Government regrets that it cannot favor submitting the question of transfer of the islands to a vote of the inhabitants.
We can not guarantee that the inhabitants of the islands shall immediately have all the rights of American citizens. Full citizenship has not been accorded as yet to Porto Ricans, though the present Congress has the matter under consideration. Danish West Indians, however, will be regarded as nationals of the United States and entitled to its full protection, and will receive every possible political liberty.
The question of exemption of the islands from customs duties lies with the Congress, and this Government therefore can not give guarantees as to tariffs on goods passing between the islands and the United States. I have no doubt, however, that every facility for the rejuvenation of the commerce of the islands will be accorded them, as has been the case with the present insular possessions of the United States.
As to concessions and grants, this Government can undertake to assume obligations only in regard to such as may be mentioned in the treaty under negotiation. If the Danish Government believes that other concessions have been granted in the islands, it should satisfy itself as to what concessions they are and promptly notify this Government. I look to the Danish Government to inform this Government as to the particulars of any further concessions which may be in existence, for I cannot assure the maintenance of concessions or grants that have not been brought to my attention prior to the signature of the treaty and I cannot present to the Senate, with hope of obtaining its approval, a treaty that is indefinite in the obligations which it imposes on the United States.
It is not the intention of the United States to interfere unnecessarily with the internal administration of the islands, and therefore it may be presumed that the public moneys in the islands that have [Page 623] been allotted for special purposes will be respected by the United States in so far as this is compatible with the necessary changes consequent upon a transfer of sovereignty.
The following refers to proposed changes in the text of the treaty, to which I have given consideration with great care and in the most liberal spirit.
Article I, United States Text
Article I of American text should in general be retained, as the cession in the Danish text does not appear to be so unreserved and complete as that in the United States text. Only a full unreserved statement of the cession will save the provision from criticism here.
Paragraph 3 of the Danish text is objectionable because the duty to preserve valuable documents is omitted, because reference to documents which may be in Denmark is omitted and because the right to authenticated copies is not made reciprocal. The United States text is based on the similar provision in the treaty with Spain of 1898.
Article II, United States Text
I think Article II should be retained as I do not believe there is any hope of the treaty receiving the approval of the Senate if any doubt as to possible concessions, grants, privileges, etc., exists. I have no objection to the last sentence of Article II, United States text, regarding the Danish national church, as changed in Article II, Paragraph 6 of the Danish text, but I think the proper position for the provision is in Article II of the United States text.
Article III, United States Text
Paragraphs numbered 1, 2 and 3, of Danish text are accepted.
As to paragraph 4 of Danish text I have not been furnished with the original documents and accompanying maps of the concession of July 7, 1912, to the West India Company relative to the improvement of St. Thomas Harbor, as requested in my telegram No. 88 of March 13. The letter of January 18, 1913, does not seem to be the original grant. Moreover, it intimates that a decree has been drafted exempting the company from customs duties and harbor dues on all materials imported for its works for the years from January 1, 1913. I should be furnished with this decree if any has been issued, or with a formal statement that none has been issued. I should also be furnished with the original concession, together with the maps referred to and any other documents affecting the right of the company. The concession to the West Indian Bank of Issue is set forth in some detail in Paragraph 4 (h) of the Danish text. I do not understand the necessity for this, in view of the fact that it is not done in the other concessions mentioned.
Paragraph 4 (J) of the Danish text should be omitted. I am surprised that since the beginning of negotiations the Danish Government has felt free to promise new concessions regarding which no mention has been made in reply to my formal request of the Danish Minister here on January 29 for a complete statement of all concessions and grants made in the islands. I can not favor a radio concession in the islands, because the policy of this Government is not only opposed to monopolies, but against absolute individual control of radio stations within its territory, and because stations on these islands might seriously interfere with the operation of those in and adjacent to the Panama Canal Zone.
Paragraph 4 of the United States text should be retained as it occurs in the previous treaties and as the United States can not consider undertaking responsibilities in regard to the sugar boileries until they are fully known to it.
I accept paragraphs numbered 5, 6 and 7 of the Danish text.
Article IV, United States Text
I wish to retain the sentence “But the cession of the right of immediate possession is nevertheless to be deemed complete on the exchange of the ratifications of this convention without such formal delivery.” This clause completes the cession without the formality of delivery, which might be prevented by some untoward cause.
[Page 624]Article V, United States Text
I have no objection to the insertion of ninety days instead of six months.
Article VI, United States Text
I have modified the first sentence to read as follows:
“Danish citizens, whether or not residing in the territory ceded, shall retain in either event all their rights of property, including the right to sell or dispose of such property or its proceeds, and the 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 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.”
I accept the remainder of the Danish text omitting “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.” And omitting “Subject to approval stipulations contained in the present convention.” And omitting paragraph beginning “Danish citizens not residing”and ending “This article relates,” as this paragraph is now covered by the changes suggested in the first sentence. The final paragraph regarding copyrights and patents should, it seems to me, form a separate article, as is customary in other treaties.
Article VII, United States Text
This article relating to privileges of Danish subjects in the islands may be omitted, as indicated in Danish text.
Article VIII, United States Text
I suggest the following omissions: “The same rule is applicable, etc., without foregoing procedure”; “Or if the Danish Government should so desire punishment shall be undergone in Denmark”; and “Or which are subsequently brought before these courts against persons from the islands ceded by this convention.” I suggest that the final sentence be changed to read: “The judgment shall be executed in due form by the competent authority in the territories within which such judgment should be carried out.” This corresponds with the reading of last part of paragraph numbered 1.
Article IX, United States Text
As indicated above, I should prefer to see this article retained as a separate article. I prefer, however, my reading of the last words, namely, “Shall continue to be respected.”
Article X, United States Text
I agree to the substitution of Article VII of the Danish text.
Article XI, United States Text
I agree to omission of entire article, and will address a formal note regarding Greenland to the Danish Minister here at the date of signature of the treaty in the sense of the first sentence of this article.
Article VIII, Danish Text
I accept this article.
Please go over with the foreign Minister the proposed changes and endeavor to obtain his prompt agreement to them. I have endeavored to retain the thought of the Danish text except where it threw upon this Government responsibilities which it can not assume or guarantee to carry out if it should assume them, as the ultimate decision in regard to some of them rests, as I have pointed out, with the Congress of the United States, for which body I can not undertake to speak.