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 maters before them, agreed upon the following articles:
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.
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.
Spain cedes to the United States the archipielago known as the Phillipine 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.
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.
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 ornance, 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.
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, prisioners released or caused to be released by them, respectively, under this article.
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 relinquished in this article.
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.
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.
The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured
in the free exercise of their religion.
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.
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.
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.
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.
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.
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.
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 Cerero
