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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 Gray, and Whitelaw
Reid, citizens of the United States;
And Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, president of the senate, Don Buenaventura de
Abarzuza, senator of the Kingdom and ex-minister of the Crown; Don Jose
de Garnica, deputy of the court 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:
Article I.
Spain relinquishes all claims 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.
Article 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.
Article III.
Spain cedes to the United States the archipelago known as the Philippine
Islands, and comprehending the islands lying within the following line:
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 (118th) to the one hundred
and twenty-seventh (127th) degree meridian of longitude east of Greenwich,
thence along the one hundred and twenty seventh (127th) degree meridian
of longitude east of Greenwich to the parallel of four degrees and forty
five minutes (4º 45']) north latitude, thence along the parallel
of four degrees and forty five minutes (4º 45') north latitude to
its intersection with the meridian of longitude one hundred and nineteen
degrees and thirty five minutes (119º 35') east of Greenwich, thence
along the meridian of longitude one hundred and nineteen degrees and thirty
five minutes (119º 35') east of Greenwich to the parallel of latitude
seven degrees and forty minutes (7º 40') north, thence along the
parallel of latitude of seven degrees and forty minutes (7º 40')
north to its intersection with the one hundred and sixteenth (116th) degree
meridian of longitude east of Greenwich, thence by a direct line to the
intersection of the tenth (10th) degree parallel of north latitude with
the one hundred and eighteenth (118th) degree meridian of longitude east
of Greenwich, and thence along the one hundred and eighteenth (118th)
degree meridian of longitude east of Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million dollars
($20,000,000) within three months after the exchange of the ratifications
of the present treaty.
Article IV.
The United States will, for the term of ten years from the date of the
exchange of the ratifications of the present treaty, admit Spanish ships
and merchandise to the ports of the Philippine Islands on the same terms
as ships and merchandise of the United States.
Article V.
The United States will, upon the signature of the present treaty, send
back to Spain, at its own cost, the Spanish soldiers taken as prisoners
of war on the capture of Manila by the American forces. The arms of the
soldiers in question shall be restored to them. Spain will, upon the exchange
of the ratifications of the present treaty, proceed to evacuate the Philippines,
as well as the island of Guam, on terms similar to those agreed upon by
the Commissioners appointed to arrange for the evacuation of Porto Rico
and other islands in the West Indies, under the Protocol of August 12,
1898, 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, livestock, 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.
Article VI.
Spain will, upon the signature of the present treaty, release all prisoners
of war, and all persons detained or imprisoned for political offences,
in connection with the insurrections 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. 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 to the United States, Cuba, Porto Rico, and the Philippines,
according to the situation of their respective homes, prisoners released
or caused to be released by them, respectively, under this article.
Article VII.
The United States and Spain mutually relinquish all claims for indemnity,
national and individual, of every kind, of either Government, or of its
citizens or subjects, against the other Government, that may have arisen
since the beginning of the 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 citizens against Spain relinquished in this
article.
Article VIII.
In conformity with the provisions of Articles I, II, and III of this treaty,
Spain relinquishes in Cuba, and cedes in Porto Rico and other islands
in the West Indies, in the island of 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. And it is
hereby declared that the relinquishment or cession, as the case may be,
to which the preceding paragraph refers, can not 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. The aforesaid relinquishment or cession,
as the case may be, includes all documents exclusively referring to the
sovereignty relinquished or ceded that may exist in the archives of the
Peninsula. Where any document in such archives only in part relates 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. 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. Such archives and records
shall be carefully preserved, and private persons shall without distinction
have the right to require, in accordance with law, authenticated copies
of the contracts, wills and other instruments forming part of notorial
protocols or files, or which may be contained in the executive or judicial
archives, be the latter in Spain or in the islands aforesaid.
Article IX.
Spanish subjects, natives of the Peninsula, residing in the territory
over which Spain by the present treaty relinquishes or cedes her sovereignty,
may remain in such territory or may remove there from, 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 renounced it and to have adopted the nationality
of the territory in which they may reside. The civil rights and political
status of the native inhabitants of the territories hereby ceded to the
United States shall be determined by the Congress.
Article X.
The inhabitants of the territories over which Spain relinquishes or cedes
her sovereignty shall be secured in the free exercise of their religion.
Article XI.
The Spaniards residing in the territories over which Spain by this treaty
cedes or relinquishes her sovereignty shall be subject in matters civil
as well as criminal to the jurisdiction of the courts of the country wherein
they reside, 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 as citizens of the country to which the courts belong.
Article XII.
Judicial proceedings pending at the time of the exchange of ratifications
of this treaty in the territories over which Spain relinquishes or cedes
her sovereignty 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 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 therefore.
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.
Article XIII.
The rights of property secured by copyrights and patents acquired by Spaniards
in the Island of Cuba and in Porto 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 continue 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.
Article XIV.
Spain will have the power to establish consular officers in the ports
and places of the territories, the sovereignty over which has been either
relinquished or ceded by the present treaty.
Article XV.
The Government of each country will, for the term of ten years, accord
to the merchant vessels of the other country the same 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.
Article XVI.
It is understood that any obligations assumed in this treaty by the United
States with respect to Cuba are limited to the time of its occupancy thereof;
but it will upon termination of such occupancy, advise any Government
established in the island to assume the same obligations.
Article XVII.
The present treaty shall be ratified by the President of the United States,
by and with the advice and consent of 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.
Eugenio Montero
Ríos-William R. Day
B. de Abarzuza-Cushman K. Davis
J. de Garnica-W. P. Frye
R. de Villa Urrutia-Geo Gray
Rafael Cerero-W. Whitelaw Reid
Done in duplicate at Paris, the tenth day of December, in the year of
Our Lord one thousand eight hundred and ninety-eight.
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