File No. 711.5914/139
The Secretary of State to Minister Egan
Washington, September 9, 1916, 3 p.m.
164. Department’s September 8. Though the text of the treaty has not been modified by the Senate its resolution of ratification provided that the provisions of the convention relating to funds and property of the Danish National Church in the Danish West Indian Islands be interpreted by an exchange of notes between the High Contracting Parties, so as to make it plain that the convention is clearly within the constitutional powers of the United States with respect to church establishment and freedom of religion.
In view of this and as I understand from your No. 323 of August 24, that the Foreign Minister is willing to enter into an exchange of notes of this sort, I propose that I write a formal note to the Danish Minister here in the following form.
I have the honor to inform you that the Senate of the United States by its resolution of ratification has advised and consented to the ratification of the convention between the United States and Denmark, ceding to the United States the Danish West Indian Islands, with the following provisos: “Provided, however, that it is declared by the Senate that in advising and consenting to the ratification of the said convention, such advice and consent are given with the understanding, to be expressed as a part of the instrument of ratification, that such convention shall not be taken and construed by the High Contracting Parties as imposing any trust upon the United States with respect to any funds belonging to the Danish National Church in the Danish West Indian Islands, or in which the said Church may have an interest, nor as imposing upon the United States any duty or responsibility with respect to the management of any property belonging to said Church, beyond protecting said Church in the possession and use of Church property as stated in said convention, in the same manner and to the same extent only as other churches shall be protected in the possession and use of their several properties. And provided further, that the Senate advises and consents to the ratification of said convention on condition that the attitude of the United States in this particular, as set forth in the above proviso, be made the subject of an exchange of notes between the Governments of the two High Contracting Parties, so as to make it plain that this condition is understood and accepted by the two Governments, the purpose hereof being to bring the said convention clearly within the constitutional powers of the United States with respect to church establishment and freedom of religion.”
In view of this resolution of the Senate I have the honor to state that it is understood and accepted by the Government of the United States and the Government of Denmark that the provisions of this Convention referring to the property and funds belonging to the Danish National Church in the Danish West Indian Islands shall not be taken and construed by the High Contracting Parties as imposing any trust upon the United States with respect to any funds belonging to the Danish National Church in the Danish West Indian Islands, or in which the said Church may have an interest nor as imposing upon the United States any duty or responsibility with respect to the management of any property belonging to said Church, beyond protecting said Church, in the possession and use of Church property as stated in said convention, in the same manner and to the same extent only as other churches shall be protected in the possession and the use of their several properties.
I trust that your Government will in a formal reply to this communication accept this understanding as to the meaning and construction of the provisions of said convention in accordance with the foregoing resolution of the Senate.
Please bring foregoing to the attention of the Foreign Minister and use your best endeavors to obtain his agreement to an exchange of notes in this form between the Danish Minister here and myself.