of north latitude, and through the middle of the navigable channel of
Bachti, 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 forty-five minutes (4° 45') north
latitude to its intersection with the meridian of longitude one hundred
and nineteen degrees and thirty-five 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.
Article IV. The United States will for ten years from the date of
exchange of 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, 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 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 offenses 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, which 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, 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 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 the law, authenticated copies of the contracts, wills, and other
instruments forming pact 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:
First. 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.
Second. 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.
Third. 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 shall have the power to establish consular officers
in the ports and places of the territories the sovereignty over which
has either been 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 to 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.
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 the 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) GEORGE 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.