Group 42-Sells Out! - The Information Archive/Group 42 Sells Out (Group 42) (1996).iso/misc/spain2.txt

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                                      1899

                         AMERICAN HISTORICAL DOCUMENTS

                               TREATY WITH SPAIN

  Treaty of Peace between the United States of America and the Kingdom
of Spain, 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 at Washington, April 11, 1899.
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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 the 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 to 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;
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  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:
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                            ARTICLE I
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  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.
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                           ARTICLE II
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  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.
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                          ARTICLE III
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  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 viest 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 (4 45') north latitude,
thence along the parallel of four degrees and fortyfive minutes (4
45') north latitude to its intersection with the meridian of longitude
one hundred and nineteen degrees and thirtyfive minutes (119 35') east
of Greenwich, thence along the meridian of longitude one hundred and
nineteen degrees and thirty-five minutes (119 35') east of Greenwich
to the parallel of latitude seven degrees and forty minutes (7 40')
north, thence along the parallel of latitude seven degrees and forty
minutes (7 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.
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                           ARTICLE IV
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  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.
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                            ARTICLE V
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  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
calibres, 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 defences, 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.
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                           ARTICLE VI
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  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.
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                          ARTICLE VII
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  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.
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                         ARTICLE VIII
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  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, cannot 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 request 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 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.
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                           ARTICLE IX
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  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 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 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.
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                            ARTICLE X
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  The inhabitants of the territories over which Spain relinquishes
or cedes her sovereignty shall be secured in the free exercise of
their religion.
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                           ARTICLE XI
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  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.
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                          ARTICLE XII
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  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 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.
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                         ARTICLE XIII
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  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.
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                          ARTICLE XIV
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  Spain shall 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.
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                           ARTICLE XV
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  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.
  This article may at any time be terminated on six months' notice
given by either Government to the other.
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                          ARTICLE XVI
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  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 the termination of such
occupancy, advise any Government established in the island to assume
the same obligations.
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                         ARTICLE XVII
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  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.
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  In faith whereof, we, the respective Plenipotentiaries, have
signed this treaty and have hereunto affixed our seals.
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  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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    [SEAL.]                                WILLIAM R. DAY
    [SEAL.]                                CUSHMAN K. DAVIS
    [SEAL.]                                WM. P. FRYE
    [SEAL.]                                GEO. GRAY
    [SEAL.]                                WHITELAW REID