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Mr. Clay to Mr. Pedersen.
DEPARTMENT OF STATE,
Washington, April 25, 1826. The undersigned, Secretary of State of the United States, by direction of the President thereof, has the honor to state to Mr. Pedersen, Minister Resident of His Majesty the King of Denmark, that it would have been satisfactory to the Government of the United States if Mr. Pedersen had been charged with instructions in the negotiation which has just terminated, to treat of the indemnities to citizens of the United States, in consequence of the seizure, detention, and condemnation of their property in the ports of His Danish Majesty. But as he has no instructions to that effect, the undersigned is directed, at and before proceeding to the signature of the Treaty of Friendship, Commerce, and Navigation on which they have agreed, explicitly to declare, that the omission to provide for those indemnities is not hereafter to be interpreted as a waiver or abandonment of them by the Government of the United States, which, on the contrary, is firmly resolved to persevere in the pursuit of them, until they shall be finally arranged, upon principles of equity and justice. And, to guard against any misconception of the fact of the silence of the Treaty in the above particular, or of the views of the American Government, the undersigned requests that Mr. Pedersen will transmit this official declaration to the Government of Denmark. And he avails himself of this occasion to tender to Mr. Pedersen assurances of his distinguished consideration.
H. CLAY. The Chevalier PEDERSEN,
Minister Resident from Denmark.
The Chevalier Peter Pedersen to Mr. Clay.
WASHINGTON, 25th April 1826. The undersigned, Minister Resident of His Majesty the King of Denmark, has the honour, herewith, to acknowledge having received Mr. Clay's official note of this day, declaratory of the advanced claims against Denmark, not being waived on the part of the United States, by the Convention agreed upon, and about to be signed, which note he, as requested, will transmit to his Government. And he avails himself of this occasion to renew to Mr. Clay assurances of his distinguished consideration.
P. PEDERSEN. To the Hon. HENRY CLAY,
Secretary of State of the United States.
Concluded March 28, 1830); ratification advised by the Senate May 29,
1830; ratified by the President June 2, 1830; ratifications exchanged June 5, 1830; proclaimed June 5, 1830. (Treaties and Conventions, 1889, p. 235.)
By this convention Denmark renounced the claims of its subjects against the United States and agreed to pay an indemnity of $650,000 for claims of United States citizens. The commission provided for met in Washington April 4, 1831, and held its last session March 23, 1833.
CONVENTION DISCONTINUING THE SOUND DUES.
Concluded April 11, 1857; ratifications advised by the Senate January
5, 1858; ratified by the President January 7, 1858; ratifications exchanged January 12, 1858; proclaimed January 13, 1858. (Treaties and Conventions, 1889, p. 238.)
I. Sound and Belts dues abolished.
V. Convention of 1826 revived.
The United States of America and his Majesty the King of Denmark, being desirous to terminate amicably the differences which have arisen between them in regard to the tolls levied by Denmark on American vessels and their cargoes passing through the Sound and Belts, and commonly called the Sound Dues, have resolved to conclude a Convention for that purpose, and have named as their plenipotentiaries, that is to say, the President of the United States, Lewis Cass, Secretary of State of the United States, and his Majesty the King of Denmark, Torben Bille, Esquire, Knight of the Dannebrog and decorated with the Cross of Honor of the same order, his said Majesty's Chargé d'Affaires near the Government of the United States; who, after having communicated to each other their full powers, in due form, have agreed to and signed the following articles:
His Majesty the King of Denmark declares entire freedom of the navigation of the Sound and the Belts in favor of American vessels and their cargoes, from and forever after the day when this Convention shall go into effect as hereinafter provided. And it is hereby agreed that American vessels and their cargoes after that day shall not be subject to any charges whatever in passing the Sound or the Belts, or to any detention in the said waters, and both Governments will concur, if occasion should require it, in taking measures to prevent abuse of the free flag of the United States by the shipping of other nations which shall not have secured the same freedom and exemption from charges enjoyed by that of the United States.
His Danish Majesty further engages that the passages of the Sound and Belts shall continue to be lighted and buoyed as heretofore without any charge upon American vessels or their cargoes on passing the Sound and the Belts, and that the present establishments of Danish pilots in these waters shall continue to be maintained by Denmark. His Danish Majesty agrees to make such additions and improvements in regard to the lights, buoys and pilot establishments in these waters as circumstances and the increasing trade of the Baltic may require.
Federal cases: Bartram v. Robertson, 122 U. S. 116; Thingvalla Line v. U. S., 24 Ct. Cl. 255.
Ile further engages that no charge shall be made, in consequence of such additions and improvements, on American ships and their cargoes passing through the Sound and the Belts.
It is understood, however, to be optional for the masters of American vessels either to employ in the said waters Danish pilots at reasonable rates fixed by the Danish Government, or to navigate their vessels without such assistance.
ARTICLE III. In consideration of the foregoing agreements and stipulations on the part of Denmark whereby the free and unincumbered navigation of American vessels through the Sound and the Belts is forever secured, the United States agree to pay to the Government of Denmark, once for all, the sum of seven hundred and seventeen thousand, eight hundred and twenty nine Rix dollars, or its equivalent, three hundred and ninety-three thousand and eleven dollars in United States currency, at London on the day when the said convention shall go into full effect as hereinafterwards provided.
It is further agreed that any other or further privileges, rights or advantages which may have been or may be granted by Denmark to the commerce and navigation of any other nation at the Sounds and Belts, or on her coasts and in her harbors, with reference to the transit by land through Danish territory of merchandise belonging to the citizens or subjects of such nation, shall also be fully extended to and enjoyed by the citizens of the United States, and by their vessels and property in that quarter.
The general convention of friendship, commerce and navigation, concluded between the United States and his Majesty the King of Denmark on the 26th of April, 1826, and which was abrogated on the 15th of April, 1856, and the provisions contained in each and all of its articles, the 5th article alone excepted, shall after the ratification of this present Convention, again become binding upon the United States and Denmark; it being, however, understood that a year's notice shall suffice for the abrogation of the stipulations of the said Convention hereby renewed.
The present Convention shall take effect as soon as the laws to carry it into operation shall be passed by the government of the contracting parties, and the sum stipulated to be paid by the United States shall be received by or tendered to Denmark; and for the fulfilment of these purposes, a period not exceeding twelve months from the signing of this Convention shall be allowed.
But if, in the interval, an earlier day shall be fixed upon and carried into effect for a free navigation through the Sound and Belts in favor of any other power or powers, the same shall simultaneously be extended to the vessels of the United States and their cargoes, in anticipation of the payment of the sum stipulated in Article III; it being understood, however, that in that event the Government of the United States shall also pay to that of Denmark four per cent interest on the said sum from the day the said immunity shall have gone into operation until the principal shall have been paid as aforesaid.
1 See Convention of 1826, p. 152,
The present Convention shall be duly ratified and the exchange of ratifications shall take place in Washington within ten months from the date hereof, or sooner if practicable.
In faith whereof the respective plenipotentiaries have signed the present Convention, in duplicate, and have thereunto affixed their seals.
Done at Washington this eleventh day of April in the year of our Lord one thousand eight hundred and fifty-seven, and of the Independence of the United States the eighty-first.
[SEAL.] TORBEN BILLE
Concluded July 11, 1861; ratification advised by the Senate July 17,
1861; ratified by the President August 25, 1861; ratifications exchanged September 18, 1861; proclaimed September 20, 1861. (Treaties and Conventions, 1889, p. 240.)
(This convention consisted of two additional articles to the general convention of commerce and navigation, 1826, renewed April 11, 1857, extending the powers of consuls.)
I. Authority of consuls over shipping | II. Deserters from ships; ratification.
The United States of America and His Majesty the King of Denmark, wishing to favor their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the Undersigned Plenipotentiaries, being duly empowered for that purpose, have agreed upon the following additional articles to the General Convention of friendship, commerce and navigation, concluded at Washington on the twenty-sixth day of April, 1826, between the contracting parties.
The respective Consuls General, Consuls, Vice Consuls and Commercial Agents, shall have the right as such to sit as judges and arbitrators in such differences as may arise, either at sea or in port, between the Captain, officers and crew of the vessels belonging to the nation whose interests are committed to their charge, particularly in
See Convention of 1826, p. 152.
reference to the adjustment of wages and the execution of contracts, without the interference of the local authorities, unless the conduct of the crew and the officers, or of the Captains, should disturb the order or tranquillity of the country.
It is however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return to the judicial authority of their country.
The Consuls General, Consuls, Vice Consuls and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges and officers, and shall in writing demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, or, if the vessel shall have departed, by copy of said documents duly certified by them, that such individuals form part of the crew; and on this reclamation being thus substantiated, the surrender shall not be refused, unless there be sufficient proof of the said persons being citizens or subjects of the country where their surrender is demanded. Such deserters when arrested shall be placed at the disposal of said Consuls General, Consuls, Vice Consuls or Commercial Agents, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within three months from the day of their arrest, they shall be set at liberty and shall not be again arrested for the same cause.
However if the deserter should be found to have committed any crime or offence, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect.
The present additional articles shall have the same force and value as if they were inserted, word for word, in the Convention signed at Washington on the twenty-sixth day of April, one thousand eight hundred and twenty-six, and being approved and ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by His Majesty the King of Denmark, the ratifications shall be exchanged at Washington within six months from the date hereof, or sooner, if possible.
In faith whereof, we, the undersigned, in virtue of our respective full powers, have signed the present additional articles, and have thereto affixed our seals.
Done in triplicate at the City of Washington on the eleventh day of July, in the year of our Lord one thousand eight hundred and sixty one.
WILLIAM H. SEWARD.