660f.116Auto/46: Telegram The Minister in Czechoslovakia (Einstein) to the Secretary of State PRAGUE, February 2, 1929-noon. 13. Legation's despatch No. 1689, December 6, 1928.56 Foreign Office note informs Legation confidentially that American motor contingent will be increased from 800 to 1500 cars. Kindly refrain from publicity.57 56 Not printed. 57 EINSTEIN American automobile interests were given permission to receive this information in confidence; telegram 17, Feb. 28, 1929, from the Chargé in Czechoslovakia to the Secretary of State (file No. 660f.116 Auto/53). DENMARK TREATY OF ARBITRATION BETWEEN THE UNITED STATES AND DENMARK, SIGNED JUNE 14, 1928 711.5912 A/3 The Secretary of State to the Danish Minister (Brun) WASHINGTON, March 22, 1928. SIR: I have the honor to transmit herewith for the consideration of your Government and as a basis for negotiation a proposed draft of a treaty of arbitration between Denmark and the United States. The provisions of this draft operate to extend the policy of arbitration enunciated in the convention signed at Washington May 18, 19082 (which expired by limitation on March 29, 1914) and are identical in effect with the provisions of the arbitration treaty signed between the United States and France on February 6, 1928, a copy of which is also enclosed. You will observe that Article I of the treaty with France does not appear in the draft submitted herewith. Its language was borrowed from the language of the Treaty for the Advancement of Peace signed in 1914, and some question having arisen as to whether the new treaty affected the status of the Treaty of 1914, the matter has been resolved in the case of France by an exchange of notes recording the understanding of both Governments that the earlier conciliation treaty was in no way affected by the later arbitration treaty. In order to obviate further questions of this nature, however, it seems desirable to avoid the incorporation in subsequent arbitration treaties of any portion of the language of the earlier conciliation treaties, and I have therefore eliminated Article I of the French treaty and amended Article II (which is Article I of the draft transmitted herewith) by substituting for the words "the abovementioned Permanent International Commission" the words "the Permanent International Commission constituted pursuant to the treaty signed at Washington, April 17, 1914".5a I feel that by adopting a treaty such as that suggested herein we shall not only promote the friendly relations between the Peoples of our two countries, but also advance materially the cause of arbitration and the pacific settlement of international disputes. If your Government concurs in my views and is prepared to negotiate a treaty along the lines of that transmitted herewith, I shall be glad to enter at once upon such discussions as may be necessary. Accept [etc.] FRANK B. KELLOGG 711.5912 A/12 The Minister in Denmark (Dodge) to the Secretary of State COPENHAGEN, April 19, 1928. SIR: Referring to my Despatch No. 453 of the 16th instant, relative to the proposed Arbitration Treaty between the United States and Denmark, I have the honor to confirm my telegram sent this afternoon" stating that the Foreign Minister, Dr. Moltesen, had informed me that a telegram was despatched last evening to the Danish Minister in Washington, Mr. Brun, advising him that the Danish Government agreed to sign the Treaty of Arbitration as proposed by the Government of the United States except for a few necessary technical modifications to exclude Iceland from its provisions since it would be necessary to negotiate a separate Treaty with that Government which is now independent. My telegram added that I was also informed that full powers were being mailed to Mr. Brun to sign the proposed Treaty. In conversation to-day regarding this matter, Dr. Moltesen repeated, what I reported in my Despatch No. 453, above referred to, namely that Denmark would have preferred a Treaty of Arbitration with less limitations like her Treaty with France' (Despatch No. 131 of April 4, 1927) or with most of the European countries. However he had agreed to sign the proposed Treaty because he understood that the United States was not disposed to introduce modifications in the draft since it was proposed to negotiate similar Treaties with a number of other Governments. Mr. Brun would mention his Government's preference to the Secretary of State and although he, Dr. Moltesen, knew that in the circumstances this preference could have no effect, he desired to make his Government's wish known so that he might eventually 5a Foreign Relations, 1915, p. 276. 6 Not printed. 7 Treaty of July 5, 1926, League of Nations Treaty Series, vol. LXXI, p. 455. inform the Rigsdag that everything possible had been done to obtain a less limited Treaty. The Rigsdag would undoubtedly be disappointed that a less limited Treaty could not be agreed upon. Regarding the technical modifications above mentioned to exclude Iceland from the dispositions of the Treaty, Count Reventlow, Director General of the Foreign Office, subsequently explained to me that owing to Iceland's independence, the Treaty with Denmark could not include Iceland but a separate Treaty would have to be negotiated through the Danish Foreign Office which would transmit it for the decision of the Government at Reykjavik. This Government was quite differently disposed towards Arbitration and other Treaties than the Danish Government and usually, except for Treaties with the Scandinavian countries, thought it unnecessary to have them. However it was inclined to be more favorably disposed towards Treaties with the United States and he thought that it was quite likely to view favorably a Treaty similar to the proposed one with Denmark. The negotiations however might take some time owing to the distance of Reykjavik from Copenhagen. The actual modifications in the text of the Treaty would consist in eliminating the words "two nations", or other expressions referring to the contracting parties and substituting the words "the United States and Denmark", so as to eliminate any question of the inclusion of Iceland. I have [etc.] H. PERCIVAL DODGE Treaty Series No. 784 Treaty Between the United States of America and Denmark, Signed at Washington, June 14, 1928° The President of the United States of America and His Majesty the King of Denmark and Iceland Determined to prevent so far as in their power lies any interruption in the peaceful relations that have always existed between the United States and Denmark; Desirous of reaffirming their adherence to the policy of submitting to impartial decision all justiciable controversies that may arise between the two countries; and Eager by their example not only to demonstrate their condemnation of war as an instrument of national policy in their mutual relations, but also to hasten the time when the perfection of international arrangements for the pacific settlement of international disputes shall have A treaty of arbitration with Iceland was signed on May 15, 1930 (Department of State Treaty Series No. 828). 'In English and Danish; Danish text not printed. Ratification advised by the Senate, Dec. 18, 1928 (legislative day of Dec. 17); ratified by the President, Jan. 4, 1929; ratified by Denmark, Mar. 12, 1929; ratifications exchanged at Washington, Apr. 17, 1929; proclaimed by the President, Apr. 17, 1929. eliminated forever the possibility of war among any of the Powers of the world; Have decided to conclude a new treaty of arbitration enlarging the scope and obligations of the arbitration convention signed at Washington on May 18, 1908, which expired by limitation on March 29, 1914, and for that purpose they have appointed as their respective Plenipotentiaries The President of the United States of America: Mr. Frank B. Kellogg, Secretary of State of the United States; His Majesty the King of Denmark and Iceland: Mr. Constantin Brun, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Washington; who, having communicated to one another their full powers found in good and due form, have agreed upon the following articles: ARTICLE I All differences relating to international matters in which the High Contracting Parties are concerned by virtue of a claim of right made by one against the other under treaty or otherwise, which it has not been possible to adjust by diplomacy, which have not been adjusted as a result of reference to the Permanent International Commission constituted pursuant to the treaty signed at Washington April 17, 1914, and which are justiciable in their nature by reason of being susceptible of decision by the application of the principles of law or equity, shall be submitted to the Permanent Court of Arbitration established at The Hague by the Convention of October 18, 1907, or to some other competent tribunal, as shall be decided in each case by special agreement, which special agreement shall provide for the organization of such tribunal if necessary, define its powers, state the question or questions at issue, and settle the terms of reference. The special agreement in each case shall be made on the part of the United States of America by the President of the United States of America by and with the advice and consent of the Senate thereof, and on the part of Denmark in accordance with its constitutional laws. ARTICLE II The provisions of this treaty shall not be invoked in respect of any dispute the subject matter of which (a) is within the domestic jurisdiction of either of the High Contracting Parties, (b) involves the interests of third Parties, Foreign Relations, 1907, pt. 2, p. 1181. |