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TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND SPAIN (Ceding
the Philippines to the United States of America)
TREATY OF PEACE Between theUNITED STATES OF
AMERICAandSPAIN[December 10, 1898]
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 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: 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.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 (4 [degree symbol]
45']) north latitude, thence along the parallel of four degrees and
forty
five minutes (4 [degree symbol] 45') north latitude to its intersection
with the meridian of longitude one hundred and nineteen degrees and
thirty
five minutes (119 [degree symbol] 35') east of Greenwich, thence along
the meridian of longitude one hundred and nineteen degrees and thirty
five
minutes (119 [degree symbol] 35') east of Greenwich to the parallel of
latitude seven degrees and forty minutes (7 [degree symbol] 40') north,
thence along the parallel of latitude of seven degrees and forty
minutes
(7 [degree symbol] 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 calibres, 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 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.
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 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.
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 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.
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 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.
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. 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]
William P. Frye[Seal]
Geo. Gray[Seal]
Whitelaw Reid[Seal]
Eugenio Montero Rios[Seal]
B. de Abarzuza[Seal]
J. de Garnica[Seal]
W. R. de Villa Urrutia[Seal]
Rafael CereroBack
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