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papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them.

ARTICLE XI.

The present convention shall be in force for ten years from the date hereof, and further until the end of one year after either of

Convention to be

the contracting parties shall have given notice to the other in force for ten years. of its intention to terminate the same, each of the contracting parties. reserving to itself the right of giving such notice to the other at the end of the said term of ten years; and it is hereby agreed between them that, on the expiration of one year after such notice shall have been received by either, from the other party, this convention, and all the provisions thereof, shall altogether cease and determine.

ARTICLE XII.

Convention to be

This convention shall be 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, approved of by the and the ratifications shall be exchanged in the city of Copenhagen within eight months from the date of the signature hereof, or sooner if possible.

President, &c.

In faith whereof, we, the Plenipotentiaries of the United States of America, and of His Danish Majesty, have signed and sealed these presents.

Done in triplicate, at the city of Washington, on the twenty-sixth day of April, in the year of our Lord one thousand eight hundred and twenty-six, in the fiftieth year of the Independence of the United States of America.

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April 25, 1926.

The undersigned, Secretary of State of the United States, by direction of the President thereof, has the honour to state to Mr. Pedersen, Minister Resident His Majesty the King of Denmark, that it would have been satisfactory to the Government of the United States if Mr. Pedersen had en 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 he has no instructions to that effect, the undersigned is directed, at and before proeding 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.

The Chevalier PEDERSEN,

H. CLAY.

Minister Resident from Denmark.

April 25, 1826.

The Chevalier Peter Pedersen to Mr. Clay.

WASHINGTON, April 25, 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.

DENMARK, 1830.

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND HIS MAJESTY THE KING OF DENMARK. SIGNED AT COPENHAGEN THE 28TH OF MARCH, 1830; RATIFICATIONS EXCHANGED JUNE 5, 1830; PROCLAIMED JUNE 5, 1830.

The United States of America and His Majesty the King of Denmark, being equally desirous of terminating the discussions which have taken place between them in respect to the claims and pretensions formed by the citizens of the United States and the subjects of Denmark, having for their object the seizure, detention, condemnation, or confiscation of their ves sels, cargoes, or property whatsoever, within the territory or under the authority of the respective Governments, have named for this purpose. and furnished with their full powers, that is to say: The President of the United States of America, by and with the advice and consent of the Senate, Henry Wheaton, Chargé d'Affaires of the said United States at the Court of His Majesty the King of Denmark, etc., and His Majesty the King of Denmark, the Sieur Ernest Henry, Count de Schimmelmann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, His Minister (intime) of State, Chief of his Department of Foreign Affairs, etc., and the Sieur Paul Christian de Stemann, Knight of the Order of the Elephant, Grand Cross of the Order of Dannebrog, decorated with the silver cross of the same order, his Minister (intime) of State and of Jus tice, president of his Danish Chancery, etc.; and the said Plenipotentiaries, after having exchanged their full powers, found in good and due form, have agreed upon and concluded the following articles:

nity.

Renunciation by

ARTICLE I.

His Majesty the King of Denmark renounces the indemnities which might be claimed from the Government of the United States Denmark of inde- of America for the subjects of Denmark, on account of the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, under the authority of the said Government; and His Majesty engages, moreover, to pay to the said Government the sum of six hundred and fifty thousand demnify U. S. Spanish milled dollars, on account of the citizens of the United States, who have preferred claims relating to the seizure, detention, condemnation, or confiscation of their vessels, cargoes, or property whatsoever, by the public and private armed ships, or by the tribunals of Denmark, or in the States subject to the Danish sceptre.

Agreement to in

H

ARTICLE II.

The payment of the above sum of six hundred and fifty thousand Spanish milled dollars shall be made in the times and man- Payment of said ner following:

indemnity.

On the 31st March, 1831, two hundred and sixteen thousand six hundred and sixty-six dollars and two-thirds of a dollar.

On the 30th September, 1831, two hundred and sixteen thousand six hundred and sixty-six dollars and two-thirds of a dollar.

On the 30th September, 1832, two hundred and sixteen thousand six hundred and sixty-six dollars and two-thirds of a dollar.

To the second payment shall be added the interest for that, and for the last payment, at four per centum per annum, to be computed from the first payment, on the 31st March, 1831.

To the third payment shall also be added the interest for that payment, at four per centum per annum, to be computed from the second payment, on the 30th September, 1831.

The above sums, thus specified in Spanish milled dollars, shall be paid in bills of exchange, at fifteen days' sight, at Hamburg; for the payment of which the Danish Government shall be responsible.

At the time when the first payment shall be made, on the 31st March, 1831, two obligations, corresponding to the two last payments to be effected for the capital and the interest thereof, shall be issued by the Direction for the public debt and the sinking fund of Denmark, to the order of the Department of Foreign Affairs of Denmark, and assigned to the Government of the United States. By the said obligations, His Majesty the King of Denmark shall acknowledge himself debtor for the sums not yet paid to the Government of the United States of America, and the same shall be delivered to such person or persons as may be anthorized to receive the same by the said Government; and when the said obligations are to be discharged, according to the tenor thereof, by the Danish Government, the person or persons authorized by the Government of the United States to receive the stipulated payments shall deliver up the said obligations, with receipts for the amount thereof, from the said Government.

ARTICLE III.

A board of compointed to ascertain

claims.

To ascertain the full amount and validity of the claims, mentioned in Article I, a Board of Commissioners, consisting of three citizens of the United States, shall be appointed by the Pres- missioners to be ap ident, by and with the advice and consent of the Senate, who the validity, &c., of shall meet at Washington, and within the space of two years from the time of their first meeting shall receive, examine, and decide upon the amount and validity of all such claims, according to the merits of the several cases, and to justice, equity, and the law of nations.

1831, ch. 36.

The Commissioners shall take an oath or affirmation, to be entered in the journal of their proceedings, for the faithful and diligent discharge of their duties.

In case of the death, sickness, or necessary absence of any Commissioner, his place may be supplied by the appointment of another Commissioner, in the manner before mentioned, or during the recess of the Senate, by the President of the United States. The Commissioners shall be authorized to hear and examine, on oath or affirmation, every

question relating to such claims, and to receive all suitable authentic testimony concerning the same.

In order to facilitate the proceedings of this board, His Majesty the King of Denmark engages, when thereunto required, to cause to be delivered to any person or persons who shall be duly authorized for that purpose by the Government of the United States, in addition to the papers already delivered, all the acts, documents, ship's papers and prize proceedings which may still remain in the archives of the High Court of Admiralty, or the Prize Tribunals of Denmark, relating to the seizure, detention, condemnation, or confiscation of the vessels, cargoes, or property whatsoever, belonging to the citizens of the United States of Ame rica before the said tribunals.

The Commissioners shall award and cause to be distributed, among the several parties whose claims shall be allowed by the board, the sum mentioned in Article I and II, in a rateable proportion to the amount of the respective claims thus allowed.

No further claims

I. S.

ARTICLE IV.

In consideration of the renunciation and payments mentioned in Ar ticle I and II, on the part of His Majesty the King of Denshall be prescute 1 by mark, the Government of the United States declares itself entirely satisfied, not only in what concerns the said Government, but also in what concerns the citizens of the said United States, on account of the claims hitherto preferred, or which may hereafter be preferred, relating to the seizure, detention, condemnation, or contiscation of their vessels, cargoes, or property whatsoever, which in the last maritime war of Denmark have taken place under the flag of Den mark, or in the States subject to the Danish sceptre; and the said claims shall consequently be regarded as definitively and irrevocably termi nated.

The present con

ble to the cases therein mentioned.

ARTICLE V.

The intention of the two high contracting parties being solely to terminate, definitively and irrevocably, all the claims which vention only applica have hitherto been preferred, they expressly declare that the present convention is only applicable to the cases therein mentioned; and, having no other object, can never hereafter be invoked by one party or the other as a precedent or rule for the future.

ARTICLE VI.

The present convention shall be duly ratified by the high contracting parties, and the ratifications shall be exchanged at Washington, in the space of ten months, or sooner if possible.

In faith thereof, and in virtue of our respective full powers, we have signed the present convention, and have thereunto set the seals of our

arms.

Done at Copenhagen, this 28th day of March, 1830.

SEAL.

HENRY WHEATON.
E. H. SCHIMMELMANN. SEAL.]
STEMANN.
SEAL.

DENMARK, 1857.

CONVENTION WITH DENMARK. CONCLUDED APRIL 11, 1857; RATIFICATIONS EXCHANGED JANUARY 12, 1858; PROCLAIMED JANUARY 13, 1858.

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 deco

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rated 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:

ARTICLE I.

Navigation of the

he free to American

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 Sound and Belts to this convention shall go into effect as hereinafter provided. vessels, 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.

ARTICLE II.

and buoyed as here

His Danish Majesty further engages that the passages of the Sound and Belts shall continue to be lighted and buoyed as here- Passages of Sound tofore without any charge upon American vessels or their and Belts to belighted cargoes on passing the Sound and the Belts, and that the tofore, &c. 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. He 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 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.

American

Masters of Amer

a vessels may en

ploy Dan h pilots, or otherwise.

In consideration of the foregoing agreements and stipulations on the part of Denmark, whereby the free and unincumbered navi- United States to gation of American vessels through the Sound and the Belts is forever secured, the United States agree to pay to the

pay to Denmark $393 011.

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