| December
10, 1898
- Treaty ending the war between Spain and the United States
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:
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 until 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 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 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:
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.
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.
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 Cerero
Source: The Statutes At Large of the United States of America
from March 1897 to March 1899 and Recent Treaties, Conventions,
Executive Proclamations, and The Concurrent Resolutions of the
Two Houses of Congress, Volume XXX, published by the U.S. Government
Printing Office, 1899. Copy courtesy of the U.S. Library of Congress,
Asian Division.
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