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APPENDIX II.

Dec. 10, 1898. TREATY OF PEACE BETWEEN THE UNITED STATES OF 30 Stat. L., p. AMERICA AND THE KINGDOM OF SPAIN.

1754.

Proclamation.

American

Signed at Paris, December 10, 1898.

Ratification advised by the Senate, February 6, 1899.

Ratified by the President, February 6, 1899.

Ratified by Her Majesty the Queen Regent of Spain, March 19, 1899.

Ratifications exchanged at Washington, April 11, 1899.
Proclaimed, Washington, April 11, 1899.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, a Treaty of Peace between the United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, was concluded and signed by their respective plenipotentiaries at Paris on the tenth day of December, eighteen hundred and ninety-eight, the original of which Convention being in the English and Spanish languages, is word for word as follows:

The United States of America and Her Majesty the Queen Regent of Spain, in the name of Her August Son, Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as Plenipotentiaries:

The President of the United States,

William R. Day, Cushman K. Davis, William P. Frye, George plenipoten-Gray, and Whitelaw Reid, citizens of the United States,

And Her Majesty the Queen Regent of Spain,

Spanish pleni- Don Eugenio Montero Ríos, President of the Senate, Don Buenapotentiaries. ventura de Abarzuza, Senator of the Kingdom and ex-Minister of the Crown, Don José de Garnica, Deputy in the Cortes and Associate Justice of the Supreme Court, Don Wenceslao Ramirez de Villa Urrutia, Envoy Extraordinary and Minister Plenipotentiary at Brussels and Don Rafael Cerero, General of Division; Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

Exchange of powers.

Cuba.

Porto Rico, West Indies. Guam.

Philippine Islands.

-boundaries.

ARTICLE I. Spain relinquishes all claim of sovereignty over and title to Cuba.

And as the Island is, upon its evacuation by. Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

ART. II. Spain cedes to the United States the Island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the Island of Guam in the Marianas or Ladrones. ART. III. Spain cedes to the United States the Archipelago known as the Philippine Islands, and comprehending the islands lying within the following lines:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth to the one hundred and twenty-seventh degree meridian of longitude

east of Greenwich, thence along the one hundred and twentyseventh degree meridian of longitude east of Greenwich to the parallel of four degrees and forty-five minutes north latitude, thence along the parallel of four degrees and forty-five minutes north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes east of Greenwich to the parallel of latitude seven degrees and forty minutes north, thence along the parallel of latitude seven degrees and forty minutes north to its intersection with the one hundred and sixteenth degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth degree parallel of north latitude with the one hundred and eighteenth degree meridian of longitude east of Greenwich, and thence along the offe hundred and eighteenth degree meridian of longitude east of Greenwich to the point of beginning.

-payment to

The United States will pay to Spain the sum of twenty million dollars within three months after the exchange of the ratification Spain. of the present treaty.

Spanish

ART. IV. The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, ships and meradmit Spanish ships and merchandise to the ports of the Philip-chandise, Philpine Islands on the same terms as ships and merchandise of the ippines. United States.

ART. V. The United States will, upon the signature of the Spanish solpresent treaty, send back to Spain, at its own cost, the Spanish diers returned soldiers taken as prisoners of war on the capture of Manila by to Spain. the American forces. The arms of the soldiers in question shall Arms.

be restored to them.

Spain will, upon the exchange of the ratifications of the present Evacuation. treaty, proceed to evacuate the Philippines, as well as the Island -Philippines of Guam, on terms similar to those agreed upon by the Commis- and Guam. sioners appointed to arrange for the evacuation of Porto Rico and -Porto Rico other islands in the West Indies, under the Protocol of August and other islands. twelfth, eighteen hundred and ninety-eight, which is to continue in force till its provisions are completely executed.

The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibers, with their carriages and accessories, powder, ammunition, live stock, and materials and supplies of all kinds belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defenses, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.

-time limit.

-colors arms, etc.

-heavy ord

nance.

ART. VI. Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or impris- Prisoners of oned for political offenses, in connection with the insurrections war, reciprocal release of. in Cuba and the Philippines and the war with the United States. Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

Return of

The Government of the United States will at its own cost return to Spain and the Government of Spain will at its own cost return prisoners of to the United States, Cuba, Porto Rico and the Philippines, accord- war.

ing to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article. ART. VII. The United States and Spain mutually relinquish Claims, all claims for indemnity, national and individual of every kind, tual relinquishof either Government, or of its citizens, or subjects, against the other Government, that may have arisen since the beginning of the

mu

ment of.

Assumption

late insurrection in Cuba and prior to the exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims of its of claims by the United citizens against Spain relinquished in this article.

States.

ART. VIII. In conformity with the provisions of Articles I, II, Territory and and III of this treaty, Spain relinquishes in Cuba, and cedes in property relinquished by Porto Rico and other islands in the West Indies, in the Island of Spain. Guam, and in the Philippine Archipelago, all the buildings, wharves, barracks, forts, structures, public highways and other immovable property which, in conformity with law, belong to the public domain, and as such belong to the Crown of Spain. Property And it is hereby declared that the relinquishment or cession, rights protect- as the case may be, to which the preceding paragraph refers, can fot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

ed.

Public docu

The aforesaid relinquishment or cession, as the case may be, ments relin-includes all documents exclusively referring to the sovereignty requished. linquished or ceded that may exist in the archives of the PeninRight to cop- sula. Where any documents in such archives only in part relate to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.

ies.

ac

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Archives and Such archives and records shall be carefully preserved, and prirecords, pres- vate persons shall without distinction have the right to require, ervation, cess to. in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the Islands aforesaid. Spanish sub- ART. IX. Spanish subjects, natives of the Peninsula, residing in jects in the the territory over which Spain by the present treaty relinquishes territory relinquished. or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have -civil and renounced it and to have adopted the nationality of the territory political rights, in which they may reside. The civil rights and political status how deter of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

mined.

Religion, free exercise of.

ART. X. The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in free exercise of their religion.

ART. XI. The Spaniards residing in the territories over which Spanish residents sub- Spain by this treaty cedes or relinquishes her sovereignty shall be ject to juris- subject in matters civil as well as criminal to the jurisdiction of diction of the courts of the country wherein they reside, pursuant to the Right to ap-ordinary laws governing the same; and they shall have the right pear, etc. to appear before such courts, and to pursue the same course as citizens of the country to which the courts belong

courts.

Judicial pro

ing.

ART. XII. Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which ceedings pendSpain relinquishes or cedes her sovereignty shall be determined according to the following rules:

1. Judgments rendered either in civil suits between private in- Judgments. dividuals, or in criminal matters, before the date mentioned, and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.

2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending or in the court that may be substituted therefor.

3. Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.

Civil suits.

Criminal ac

tions.

ART. XIII. The rights of property secured by copyrights and Copyrights patent acquired by Spaniards in the Island of Cuba, and in Porto and patents. Rico, the Philippines and other ceded territories, at the time of the exchange of the ratifications of this treaty, shall continue to be respected. Spanish scientific, literary and artistic works, not subversive of public order in the territories in question, shall con- erary works, tinue to be admitted free of duty into such territories, for the period of ten years, to be reckoned from the date of the exchange of the ratifications of this treaty.

Spanish

lit

etc.

ART. XIV. Spain shall have the power to establish consular Consular ofofficers in the ports and places of the territories, the sovereignty ficers. over which has been either relinquished or ceded by the present treaty.

ART. XV. The Government of each country will, for the term of ten years, accord to the merchant vessels of the other country the samo treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade. This article may at any time be terminated on six months' notice given by either Government to the other.

Vessels, reciprocity.

-termination of.

ART. XVI. It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to Cuba, limitathe time of its occupancy thereof; but it will upon the termina- tion upon tion of such occupancy, advise any Government established in ligations the island to assume the same obligations.

sumed.

obas

Ratification,

ART. XVII. The present treaty shall be ratified by the President of the United States, by and with the advice and consent of time limit. the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of our Lord one thousand eight hundred and ninety-eight. [SEAL] WILLIAM R. DAY.

[SEAL] CUSHMAN K. DAVIS. [SEAL] WM. P. FRYE.

[SEAL] GEO. GRAY.

[SEAL] WHITELAW REID.

[SEAL] EUGENIO MONTERO Ríos.
[SEAL] B. DE ABARZUZA.
[SEAL] J. DE GARNICA.

[SEAL] W. R. DE VILLA-URRUTIA,
[SEAL] RAFAEL CERERO.

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 eleventh day of April, one thousand eight hundred and ninety-nine;

Now, therefore, be it known that I, William McKinley, PresiIdent of the United States of America, have caused the said convention to be made public, to the end that the same and every 122422-20

-9

article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness 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 eleventh day of April, in the year of our Lord one thousand eight hundred and ninety-nine, and of the independence of the United States the one hundred and twenty-third.

[SEAL]

By the President:

WILLIAM MCKINLEY.

JOHN HAY,

Secretary of State.

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