Proclaimed, January 25, 1917.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Whereas a Convention between the United States of America and Denmark providing
for the cession to the United States of all territory 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, was
concluded and signed by their respective Plenipotentiaries at the City of
New York on the fourth day of August, one thousand nine hundred and
sixteen, the original of which Convention, being in the
English and Danish languages, is word for word as follows:
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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:
Mr.
Robert Lansing, Secretary of State of the United States,
and His
Majesty the King of Denmark:
Mr.
Constantin Brun, His Majesty's 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 1.
His
Majesty the King of 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 Saint Thomas, Saint
John and Saint 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, public 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 the 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 2.
Denmark
guarantees that the cession made by the preceding article is free and
unencumbered by any reservations, privileges, franchises, grants, or
possessions, held by any governments, corporations, syndicates, or
individuals, except as 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 retain the
undisturbed use of the churches which are now used by them, together with
the parsonages appertaining thereunto and other appurtenances, including
the funds allotted to the churches.
Article 3.
It is
especially agreed, however, that:
1) The
arms and military stores existing in the Islands at the time of the
cession and belonging to the Danish Government 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 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 such
purchase.
2) The
movables, especially silver plate and pictures which may be found in the
government buildings in the islands ceded and belonging to the Danish
Government shall remain the property of that Government and shall, as soon
as circumstances will permit, be removed by it.
3) 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. Excepted
is however the amount due to the Danish Treasury in account current with
the West-Indian colonial treasuries pursuant to the making up of accounts
in consequence of the cession of the islands; should on the other hand
this final accounting show a balance in favour of the West-Indian colonial
treasuries, the Danish Treasury shall pay that amount to the colonial
treasuries.
4) The
United States will maintain the following grants, concessions and
licenses, given by the Danish Government, in accordance with the terms on
which they are given:
a. The
concession granted to "Det vestindiske Kompagni" (the West-Indian Company)
Ltd. by the communications from the Ministry of Finance of January 18th
1913 and of April 16th 1913 relative to a license to embank, drain, deepen
and utilize certain areas in St. Thomas Harbor and preferential rights as
to commercial, industrial or shipping establishments in the said
Harbor.
b.
Agreement of August 10th and 14th, 1914 between the municipality of St.
Thomas and St. John and "Det vestindiske Kompagni" Ltd. relative to the
supply of the city of Charlotte Amalie with electric lighting.
c.
Concession of March 12th 1897 to "The Floating Dock Company of St. Thomas
Ltd.", subsequently transferred to "The St. Thomas Engineering and Coaling
Company Ltd." relative to a floating dock in St. Thomas
Harbor, in which concession the maintenance, extension, and alteration of
the then existing repairing slip are reserved.
d. Royal
Decree Nr. 79 of November 30th 1914 relative to the subsidies from the
colonial treasuries of St. Thomas and Sainte Croix to "The West India and
Panama Telegraph Company Ltd."
e.
Concession of November 3rd, 1906, to K. B. Hey to establish and operate a
telephone system on St. Thomas island, which concession has subsequently
been transferred to the "St. Thomas Telefonselskab" Ltd.
f.
Concession of February 28th 1913 to the municipality of Sainte Croix to
establish and operate a telephone system in Sainte Croix.
g.
Concession of July 16th 1915 to Ejnar Svendsen, an Engineer, for the
construction and operation of an electric light plant in the city of
Christiansted, Sainte Croix.
h.
Concession of June 20th 1904 for the establishment of a Danish West-Indian
bank of issue. This bank has for a period of 30 years acquired the
monopoly to issue bank-notes in the Danish West-India islands against the
payment to the Danish Treasury of a tax amounting to ten percent of its
annual profits.
i.
Guarantee according to the Danish supplementary Budget Law for the
financial year 1908-1909 relative to the St. Thomas Harbor's four percent
loan of 1910.
5)
Whatever sum shall be due to the Danish Treasury by private individuals on
the date of the exchange of ratifications are reserved
and do not pass by this cession; and where the Danish Government at that
date holds property taken over by the Danish Treasury for sums due by
private 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 heretofore retired functionaries appointed in the islands but holding
no Royal Commissions, unless such allowances may have until now been paid
in Denmark.
Article 4.
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 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 formal delivery, 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 5.
In full
consideration of the cession made by this convention, the United States
agrees to pay, within ninety days 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 6.
Danish
citizens 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;
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
citizenship in Denmark by making before a court of record, within one year
from the date of the exchange of ratifications of this convention, a
declaration of their decision to preserve such citizenship; in default of
which declaration they shall be held to have renounced it, and to have
accepted citizenship in the United States; for children under eighteen
years the said declaration may be made by their parents or guardians. Such
election of Danish citizenship shall however not, after the lapse of the
said term of one year, be a bar to their renunciation of their preserved
Danish citizenship and their election of citizenship in 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
citizens 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 citizens residing in the islands and
remaining therein or removing therefrom, to whom the first paragraph of
this article relates.
Article 7.
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 8.
Judicial
proceedings pending at the time of the formal delivery 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 and
without any renewed trial whatsoever, by the competent authority in the
territories within which such judgments are to be carried out.
If in a
criminal case a mode of punishment has been applied which, according to
new rules, is no longer applicable on the islands ceded after delivery,
the nearest corresponding punishment in the new rules shall be
applied.
(2)
Civil suits or criminal actions pending before the first courts, in which
the pleadings have not been closed at the same time, shall be confirmed
before the tribunals established in the ceded islands after the delivery,
in accordance with the law which shall thereafter be in force.
(3)
Civil suits and criminal actions pending at the said time before the
Superior Court or the Supreme Court in Denmark shall continue to be
prosecuted before the Danish courts until final judgment according to the
law hitherto in force. The judgment shall be executed in due form by the
competent authority in the territories within which such judgment should
be carried out.
Article 9.
The
rights of property secured by copyrights and patents acquired by Danish
subjects in the Islands ceded at the time of exchange of
the ratifications of this treaty, shall continue to be
respected.
Treaties,
conventions, and all other international agreements of any nature existing
between Denmark and the United States shall eo ipso extend, in default of
a provision to the contrary, also to the ceded islands.
Article 11.
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.
Article 12.
The
ratifications 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
New York this fourth day of August, one thousand nine hundred and
sixteen.
[SEAL.]
ROBERT LANSING.
[SEAL.]
C. BRUN.
And
whereas in giving advice and consent to the ratification of the said
Convention, it was declared by the Senate of the United States in their
resolution that "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
whereas it was further provided in the said resolution "That the Senate
advises and consents to the ratification of the 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";
And
whereas this condition has been fulfilled by notes exchanged between the
two High Contracting Parties on January 3, 1917;
And
whereas the said Convention has been duly ratified on both parts, and the
ratifications of the two Governments were exchanged in the City of
Washington, on the seventeenth day of January, one thousand nine hundred
and seventeen;
Now,
therefore, be it known that I, Woodrow Wilson, President of the United
States of America, have caused the said Convention to be made public, to
the end that the same and every article and clause thereof may be observed
and fulfilled with good faith by the United States and the citizens
thereof, subject to the said understanding of the
Senate of the United States.
In
testimony whereof, I have hereunto set my hand and caused the seal of the
United States to be affixed.
Done
at the City of Washington this twenty-fifth day of January in the year of
our Lord one thousand nine hundred and seventeen, and of the Independence
of the United States of America the one hundred and
forty-first.
[SEAL.]
WOODROW WILSON
ROBERT
LANSING,
Secretary of State.
DECLARATION
In
proceeding this day to the signature of the Convention respecting the
cession of the Danish West-Indian Islands to the United States of America,
the undersigned Secretary of State of the United States of America, duly
authorized by his Government, has the honor to declare that the Government
of the United States of America will not object to the Danish Government
extending their political and economic interests to the whole of
Greenland.
ROBERT LANSING.
New York,
August 4, 1916.
[Exchange of Notes mentioned in Proclamation]
[The Secretary of State to the Danish Minister]DEPARTMENT OF STATE,
WASHINGTON,
January 3,
1917.
SIR:
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 the 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 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.
Accept,
Sir, the renewed assurances of my highest
consideration.
ROBERT LANSING
Mr CONSTANTIN
BRUN,
Minister of Denmark
[The Danish Minister to the Secretary of State]
THE DANISH LEGATION
WASHINGTON, D. C.
January 3rd 1917.
SIR:
In reply
to your communication of this day concerning the relation of the United
States to the rights of the Established Church in the Danish West Indies
and to the provisions referring to this point in the convention between
the United States and Denmark ceding to the States the
Danish Westindian Islands, I have the honour to state that it is
understood and accepted by the Government of Denmark and the Government of
the United States that the provisions of this convention referring to the
property and funds belonging to the Danish National Church in the Danish
Westindian 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
Westindian 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.
It will
be evident from the above that the Danish Government accept the
understanding as to the meaning and construction of the provisions of the
said convention in accordance with the resolution of the United States'
Senate concerning the question of the rights of the Church in the
Islands.
C. BRUN
ROBERT LANSING,
Secretary of State of the United States