< it 2- C*c m V 64th Congress, ) HOUSE OF REPRESENTATIVES, j Report 2d Session. \ 1 No. 1505. CESSION OF DANISH WEST INDIES. February 17, 1917.— Committed to the Committee of the Whole House on the state of the union and ordered to be printed. Mr. Flood, from the Committee on Foreign Affairs, submitted the following REPORT. 11 O / ? 6^ ^° accompany H. R. 20755.] The Committee on Foreign Affairs, to which was referred the bill (H. R. 20755) to carry out the provisions of the treaty of August 4, 1916, for the purchase of the Danish West Indian Islands, and for other purposes, having had the same under consideration, reports it back with amendments and recommends that the bill, as amended, do pass. On page 1, section 1, strike out all of section down to and including the word "islands" in line 13, and insert in lieu thereof the following words: "That all military, civil, and judicial powers necessary to govern the West Indian Islands acquired from Denmark shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct until Congress shall provide for the government of said islands." On page 2, line 7, strike out all after the word "Provided" down to and including the word " duty," in line 10 and insert: That all articles, the growth or product of, or manufactured in such islands from materials the growth or product of such islands or of the United States, or of both, or which do not contain foreign materials to the value of more than twenty per centum of their total value, upon which no drawback of customs duties has been allowed therein, coming into the United States from such islands shall hereafter be admitted free of duty. On page 2, line 18, after the word "sugar" insert the words "to foreign countries." On page 3, line 3, after the word "sum" insert the word "of." On page 3, line 3, strike out the word "moneys" and insert the word "money" in lieu thereof. On page 3, line 15, strike out the figures "$100,000" and insert the figures "$50,000" in lieu thereof. <<\t CESSION OF DANISH WEST INDIES. ,^ On page 3, after line 19, insert as a new section: 1 Sec. 7. This act shall be in force and effect and become operative after the date upon which said payment is made and the fact and date of such payment shall be made public by a proclamation issued by the President. Amend the title to read as follows: To provide a temporary government for the West Indian Islands acquired by the United States from Denmark by the convention entered into between said countries on the fourth day of August, nineteen hundred and sixteen, and ratified by the Sen- ate of the United States on the seventh day of September, nineteen hundred and sixteen, and for other purposes. EFFORTS TO ACQUIRE THE ISLANDS. The acquisition of the Danish West Indian Islands has been the subject of negotiation and treaty between the United States and Denmark for more than a half century. The United States first attempted the purchase of these islands in 1865, during the administration of President Lincoln. Secretary Seward appeared to be especially anxious that they should belong to the United States. It appears that Mr. Seward first proposed to purchase the islands at a dinner party in January, 1865. Denmark had no desire to part with her West India colonies. The assassination of President Lincoln and the attempted assassination of Secretary Seward suspended the negotiations for some time. In the meantime, Secretary Seward vis- ited the islands. It was not, however, until July 17, 1866, that the United States made a definite offer of $5,000,000 for St. Thomas, St. John, and Santa Cruz. In 1867 Denmark declined to sell the islands for $5,000,000, but offered St. Thomas and St. John for $10,000,000, or $15,000,000 for the three. Mr. Seward replied by offering $7,500,000 in gold for the three islands. Denmark agreed to take $7,500,000 for St. Thomas and St. John, but wanted $3,750,000 in addition for Santa Cruz. Finally Secretary Seward agreed to purchase St. Thomas and St. John for the price named by Denmark, $7,500,000, but further complica- tions arose because Denmark insisted that the consent of the people of the islands should be formally given before the sale was con- summated. This was at first objected to by Mr. Seward, but he finally cabled our minister to " concede question of vote," and on the 24th of October the treaty was signed. The question was submitted to a vote of the people, the voting occurring in St. Thomas on January 9, 1868, and out of 1,039 votes cast there were but 22 votes against the cession. In St. John there were but 205 votes in favor of the cession and not one against it. The treaty was submitted to the Rigsdag of Denmark and promptly ratified and signed by the King on June 31, 1868. It was submitted to the United States Senate on December 3, 1867. Senator Sumner was chairman of the Committee on Foreign Relations during this period, and the treaty remained unreported for more than two years, when on March 24, 1870, Senator Sumner reported it adversely and the Senate declined to ratify it. The negotiations for the purchase of the islands commenced under President Lincoln ; the treaty was signed shortly after Andrew Johnson became President, but it was not acted upon until the administration of President Grant. D. at D. FEB 24 1917 ^L CESSION OF DANISH WEST INDIES. 3 W Subsequently it appears that the purchase of the islands was con- sidered by Secretaries Foster and Olney during the administrations of Presidents Harrison and Cleveland. On March 31, 1898, the Committee on Foreign Relations reported to the Senate a bill authorizing the President to purchase the islands for use as a naval and coaling station. On this bill Senator Lodge submitted an exhaustive report, giving in detail the history of the islands, and summarizing the history of the negotiations for their purchase by the United States. Attached to this report is to be found correspondence of Secretaries Foster and Olney. Mr. Lodge's report is attached hereto and made a part of this report. On January 24, 1902, a convention was signed at Washington by Mr. Hay, Secretary of State, and Mr. Brun, Danish minister, for the cession to the United States of ''the islands of Saint Thomas, Saint John, and Sainte Croix, in the West Indies, with the adjacent islands and rocks," the consideration being $5,000,000. This convention was favorably reported by the Committee on Foreign Relations on February 5, 1902, and ratified by the United States Senate February 17, 1902. The treaty was approved by one house of the Danish Rigsdad; but, October 21, 1902, the other house by a vote of 32 to 32 declined to ratify it. DESCRIPTION OF THE ISLANDS. The islands of St. Thomas and St. John are a part of the Virgin Islands, so named by Christopher Columbus. This chain of islands forms a prolongation of Porto Rico, but bends somewhat to the northeast before joining the Lesser Antilles. The island of St. Thomas lies about 36 miles east of Porto Rico, St. John being imme- diately east of St. Thomas. St. Croix is situated about 40 miles south of St. Thomas in the Caribbean Sea. ST. THOMAS. St. Thomas, notwithstanding its small size, is the most important of the Danish West Indies, not only because it is an important coaling station and depot of trade with the West Indies, but because of its excellent harbor, hereafter referred to. St. Thomas is 12 miles long east and west, and from 1 to 3 miles broad. Practically all of the inhabitants live in the town called Charlotte Amalie, situated mid- way of the island on the south side. The only article of export is a small quantity of bay rum. THE HARBOR. St. Thomas has a small interior harbor, completely sheltered, which will accommodate many vessels. Outside the harbor, on the open coast, and in a roadstead partly sheltered by an outlying island, is a good anchorage for a great number of ships, and this anchorage is, during almost the whole year, sufficiently smooth to admit of ships coaling and taking in stores. The harbor is near the middle of the south shore of the island, and its entrance at the narrowest part is 1| cables (900 feet) wide, from whence it spreads out on either side to a basin about three-quarters of a mile in diameter, and, being open to the southward, is at all times free of ingress and egress with the prevailing trade wind. CESSION OF DANISH WEST INDIES. This island is 8 miles long east and west and of irregular breadth. Its area is about 40 square miles, and it contains 915 inhabitants. It occupies an excellent position near St. Thomas, and its port of Coral Bay on the east side is said to be the best harbor of refuge in the Antilles during cyclones. ST. CROIX. St. Croix, so named by Columbus, is situated 40 miles south of St. Thomas and 65 miles from Porto Rico. It is the largest of the Danish West Indies and its capital. It is 19 miles long, of irregular breadth, and contains 51,890 acres, of which over 16,000 acres are devoted to the cultivation of sugar. Christiansted, commonly called the Basin, is the capital city, and is situated at the head of an inlet on the north side. Frederikstead, the second largest town on the island, is situated on the west coast, and both towns are connected with the surround- ing villages by good roads. There is a small harbor at Frederik- stead and a larger one at Christiansted, not capable, however, of receiving many vessels. The Danish West India Islands are inhabited mostly by free negroes engaged in the cultivation of sugar cane. About 10 per cent of the inhabitants are white, and the remaining 90 per cent negroes. The English language is spoken by all. St. Croix contains S<1.25 square mile? and has a population of about 20,000; St. Thomas contains 28.25 square miles, with a population of about 2,000; St. John contains 19.97 square miles and a population of about 1,000. The other islands, though numer- ous, are of small value. ADVANTAGES OF THE ISLANDS. Secretary Lansing says: This convention is responsive to the conviction of both Governments, as well as of the people of the islands, that the Danish West Indies should belong to the United States. This conviction, as is well known, has been manifested in earlier treaties for the transfer of these islands to the United States. Without entering upon any extended historical review of the negotiations of these earlier treaties, it may be pointed out that the first negotiations for the purchase of the islands were initiated by Secretary Seward during the administration of President Lincoln and before the close of the Civil War, culminating in the convention signed at Copenhagen October 24, 1867, during the administration of President Johnson, for the cession of the islands of St. Thomas and St. John. It is the opinion of students of the subject that this convention was brought about through the conviction of the United States, gained by its naval operations dur- ing the Civil War, of the need of a naval coaling supply and repair station in the Carib- bean Sea in order that the United States might be placed on a footing with other great powers owning islands in those waters. This conviction, no doubt, was strengthened by the fact that the United States emerged from that war as a maritime power to whom a good harbor and depot in the West Indies had become a matter of so great importance, if not of necessity, that the United States could not wish to see the Danish West Indies fall into the hands of another power. Although the plebiscite in St. Thomas and St. John held under the treaty of 1867 was overwhelmingly in favor of the cession, and the treaty was promptly approved by the Danish Rigsdag and ratified and signed by the King, and although the period for rati- fication was extended from time to time to April 14, 1870, the Senate Committee on Foreign Relations took no action until March 24, 1870, when Senator Sumner reported it adversely and the Senate acquiesced in that opinion. CESSION OF DANISH WEST INDIES. 5 Prior to the Spanish War overtures were again made for the cession of the islands — this time initiated by the Danish Government. During the Spanish War the question of the purchase of the islands was further agitated. Concurrently with the discussion of the Isthmian Canal and the protection of the islands obtained from Spain, a second treaty for the purchase of the Danish West Indies was signed at Washington, January 24, 1902. In reporting this treaty favorably to the Senate, Senator Cullom, of the Committee on Foreign Relations, stated: '"These islands, together with Porto Rico, are of great importance in a strategic way, whether the strategy be military or commercial. St. Thomas is the natural point of call for all European trade bound to the West Indies, Central America, or northern South America. These islands, together with Porto Rico, form the northeastern corner of the Caribbean Sea, and are of great importance in connection with the American isthmus, where a canal will be constructed between the Atlantic and Pacific. They are of first importance in connection with our relations to the region of the Orinoco and the Amazon and with our control of the Windward Passage." The treaty was approved by the United States Senate February 17, 1902, but failed of ratification by a tie vote in the upper house of the Danish Rigsdad. All of the reasons upon which the two prior treaties were based, whether strategic, economic, or political, are of more force to-day than in previous years. There can be no question as to the value of St. Thomas Harbor as a naval port, with its circular configuration, ample roadsteads, protection from prevailing winds and seas, and facili- ties for fortifications. Moreover, the advantages of the possession of a naval base off the entrance of the Panama Canal and near the island of Porto Rico are self-evident. The commercial value of the islands can not be doubted. Lying in close proximity to many of the passages into the Caribbean Sea, the use of St. Thomas Harbor as a supply station for merchant ships plying between the United States and South America, and for vessels in other trades, is of great importance. The existing modern harbor works, floating docks, marine slip and wharves provided with electric cranes, oil reservoirs, coal depots, fresh-water tanks, machine shops, and warehouses con- tribute to the commercial advantages of St. Thomas Harbor as a port of call and transshipment for ships in the Central and South American trades. The political importance of extending American jurisdiction over the islands is not to be overlooked. The Caribbean is within the peculiar sphere of influence of the United States, especially since the completion of the Panama (anal, and the possibility of a change of sovereignty of any of the islands now under foreign jurisdic- tion is of grave concern to the United States. Moreover, the Monroe doctrine, a settled national policy of the United States, would have caused this country to look with disfavor upon the transfer of sovereignty of the Danish West Indies to any other European nation. In view of these considerations, the treaty of cession of these islands to the United States is a matter of no small moment to this country. I do not hesitate, therefore, to recommend that the ('(ingress be urged to take action during the present session to enable this Government to discharge its conventional obligation to Denmark by the payment to the Government of Denmark of the sum of $25,000,000 by April 17 next. TRADE WITH THE UNITED STATES. During the year 1915 the Danish West Indies exported to the United States merchandise to the amount of $350,822, of which $311,002 was in sugar. During the same year the United States exported to the Danish West Indies articles to the amount of $703,354. The volume of trade between the United States and these islands has been heretofore inconsiderable; but the testimony before the committee is to the effect that it may and doubtless will be hereafter increased many fold. THE TREATY. The treaty provides for the cession by Denmark to the United States of all territory possessed by Denmark in the W T cst Indies, includ- ing the islands of St. Thomas, St. John, and St. Croix, together with the adjacent islands and rocks; also the cession of all public property and Government archives, bars the impairment of private rights, 6 CESSION OF DAXISH WEST INDIES. and gives to the Danish National Church the undisturbed use of its churches. Arms and military stores belonging to the Danish Gov- ernment shall remain the property of that Government and be re- moved by it, unless purchased hi whole or in part by the United States. Claims held by Denmark against the colonial treasuries are extinguished by reason of the cession, and no responsibility is assumed by the United States. Certain concessions named in the treaty are confirmed by the United States and are to be maintained in accord- ance with the terms on which the concessions were given. Delivery of the islands by Denmark is to be made by agents of the Danish Government to agents of the United States immediately upon the payment of the sum of money stipulated in the convention, s25.000.000, which is to be paid in gold within 90 days from the date of the exchange of the ratifications of the convention. Provision is made for the preservation of Danish citizenship by residents of the islands desiring to do so. and for subsequent renuncia- tion when desired. The civil rights and political status of the inhabi- tants shall be determined by the Congress of the United States, sub- ject to the stipulations of the treaty. Treaties, conventions, and other international agreements between the United States are to apply ipso facto to the islands, provided there is no provision to the contrary. Provision is made for the submission to The Hague Tribunal of any disputes between the high contracting parties as to the interpreta- tion or application of the treaty terms, if there should arise any differences that can not be otherwise settled. The first section of the bill provides that, until Congress shall other- wise provide, the military, civil, and judicial powers necessary to govern the islands shall be vested in such person or persons as the President shall appoint. This provision is in accordance with the provision made for the temporary government of Alaska. Hawaii, the Canal Zone, and probably other possession-. The second section of the bill provides that all articles the growth, product, and manufacture of the islands shall come into the United States free of duty. The 3d section provides that the customs duties now existing shall remain so far as compatible with the changed sovereignty of the islands until Congress shall provide, and applies an export duty of $8 per ton upon sugar, the main product of the islands, whether it is shipped to this country, its possessions, or to foreign countries. It i- supposed that this will produce revenue enough with the import duties to support the government of the islands. Section 4 of the bill provides that the duties and taxes collected shall not be covered into the Treasury of the United States, but shall be paid to the treasury of the islands to be used and expended for the government and benefit of the islands. 3 etion 5 provides for an appropriation to pay the Danish Govern- ment for the islands. Section 6 provides an appropriation of 850,000 to pay the expenses of the government of the islands which will be needed until the export and import duties can be utilized. Section 7 provides the time when this act sh;dl go into effect. Your committee calls attention to the necessity for early action on the bill to enable the Government of the United States to dis- CESSION OF DANISH WEST INDIES. 7 charge its conventional obligation to the Government of Denmark under article 5 of the convention, whereby the United States agrees to pay the full consideration for the cession within 90 days from the date of the exchange of the ratifications of the convention. The exchange of ratifications was effected on January 17. 1917. and the good faith of the United States requires pavment to be made not later than April 17. 1917. For ready reference a copy of the said convention is appended to this report. CONVENTION BETWEEN HIS MAJESTY THE KING OF DENMARK AND THE UNITED STATES OF AMERICA RESPECTING THE CESSION OF THE DANISH WEST-INDIAN ISLANDS. 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, pons, harbors, fortin cations, barracks, public funds, rights, franchises, and privileges, and all other public property of even.- kind or description now belonging to Denmark, together with all appurtenances thereto. In this cession shall also be included any government archives, records, pa] 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 authenti- cated 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 u • "hat 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 indivdu r nationality, by municipalities, public or private establishment- ivic bodies, or any other associations having capacity to ac luir ■ a . - srty in the islands ceded. The con_ .to the Danish National Church shall retain the undis- turbed use of the cl - w 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 Govern- ment 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 8 CESSION OF DANISH WEST INDIES. 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 1 ndian colonial treasuries pursuant to the making up of accounl s 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 Com- pany, 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 tele- phone system on St. Thomas Island, which concession has subsequently been trans- ferred to the "St. Thomas Telefonselskab," Ltd. f. Concession of February 28th, 1913, to the municipality of Sainte Croix to estab- lish and operate a telephone system in Sainte Croix. g. Concession of July 16th, 1915, to Ejnar Svendsen, an engineer, for the construc- tion 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 per cent 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 per cent loan of 1910. (5) Whatever sum shall be due to the Danish treasury by private individuals on I he 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 ((invention; the United States Government being entitled to sell by public auction, to the credit of the Danish Government, any portion of such property re- maining 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 commis- sions, 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 fur the purpose of formally delivering to a similar agenl or agents appointed on behalf of the United Slates, the territory, dominion, property, and appurtenances which are ceded hereby, and lor 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 Ibis convention; CESSION OF DANISH WEST INDIES. 9 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 termi- nated 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 there- from 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 childern 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 proAdded 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 com- petent 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 tri- bunals established in the ceded islands after the delivery, in accordance with the law which shall thereafter be in force. 10 CESSION OF DANISH WEST INDIES. (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 sub- jects in the islands ceded at the time of exchange of the ratifications of this treaty shall continue to be respected. Article 10. Treaties, conventions, and all other international agreements of any nature existing between Denmark and the United States shall to 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 can not be regulated through diplomatic negotiations, shall be submitted for arbitra- tion 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 ( 'ontracting Parties according to their respective procedure. In faith whereof the respective plenipotentiaries have signed and sealed this con- vention 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. 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