CHAPTER XII

THE HISPANO-AMERICAN WAR

THE “MAINE”--THE COURT OF INQUIRY--THE PRESIDENT’S MESSAGE--DEWEY AT

MANILA--HOBSON AND THE “MERRIMAC”--CERVERA’S RUN TO RUIN--THE

CAPITULATION OF SANTIAGO--THE MISSION OF PEACE

When General Weyler assumed command in Cuba he issued, October 21, 1896,

the following proclamation:

“I order and command:

First--All the inhabitants of the country now outside of the line

of fortifications of the towns shall within the period of eight

days concentrate themselves in the towns so occupied by the troops.

Any individual who after the expiration of this period is found in

the uninhabited parts will be considered a rebel and tried as

such.”

At the time when the order was issued there was living within the

western province a population of four hundred thousand men, women and

children. The result of the order was to sweep them from their homes and

fields and confine them in open-air prisons. No food whatever was

supplied to them. As a result more than half of them died.

The indignation aroused became widespread. Weyler was recalled. At the

time, especially in Havana among the officials who had been his

adherents and who resented his recall, there was an expressed hatred of

the United States. That hatred it is generally understood resulted, on

the night of February 15, 1898, in the blowing up of the “Maine.”

The dispatch of this vessel to Cuban waters was a friendly act arranged

by our government and that of Spain as one of a series of visits to be

paid by the ironclads of the two countries to each other’s harbors.

While the “Viscaya” was en route for New York the “Maine” went to

Havana. The harbor there was subsequently shown to have been sown with

explosives.

The findings of the Court of Inquiry, which was then held, as embodied

in the report of the Foreign Relations Committee, set forth that the

destruction of the “Maine” was either compassed by the official act of

the Spanish authorities, or was made possible by negligence on their

part so willful and gross as to be equivalent to criminal culpability.

The line of argument is as follows: It is established that the “Maine”

was destroyed by the explosion of a submarine mine in position under her

in a Spanish harbor, at a place where she had been moored to a buoy by

the express direction and guidance of the Spanish authorities.

The report of the Spanish board of inquiry, which reported, after the

most inadequate examination, that the explosion was due to the fault of

the officers of the “Maine,” and took place within the vessel itself,

was declared to be manifestly false, and calculated to induce public

opinion to prejudge the question. Taking this together with the fact of

the duplicity, treachery, and cruelty of the Spanish character, the

Senate concluded that the Spanish authorities must be held responsible

for the crime, either as its direct authors or as contributors thereto

by willful and gross negligence.

Spain offered to refer the question as to the cause of the loss of the

“Maine” and their responsibility for the catastrophe to arbitration. The

President made no reply.

On April 11, anterior circumstances already sufficiently recited, joined

to the findings of the American Commissioners, resulted in the President

sending a message to Congress, in which he said:

“The long trial has proved that the object for which Spain has

waged the war cannot be attained. The fire of insurrection may

flame or may smolder with varying seasons, but it has not been, and

it is plain that it cannot be, extinguished by present methods. The

only hope of relief and repose from a condition which can no longer

be endured is the enforced pacification of Cuba.

“In the name of humanity, in the name of civilization, in behalf of

endangered American interests which give us the right and the duty

to speak and to act, the war in Cuba must stop.

“In view of these facts and of these considerations, I ask the

Congress to authorize and empower the President to take measures to

secure a full and final termination of hostilities between the

government of Spain and the people of Cuba, and to secure in the

island the establishment of a stable government capable of

maintaining order and observing its international obligations,

insuring peace and tranquillity, and the security of its citizens

as well as our own, and to use the military and naval forces of the

United States as may be necessary for these purposes.

“_William McKinley._”

On April 19, Congress passed the following:

_Joint resolution for the recognition of the independence of the

people of Cuba, demanding that the government of Spain

relinquish its authority and government in the island of

Cuba, and to withdraw its land and naval forces from

Cuba and Cuban waters, and directing the President of

the United States to use the land and naval forces of the

United States to carry these resolutions into effect._

“_Whereas_, The abhorrent conditions which have existed for more

than three years in the island of Cuba, so near our own borders,

have shocked the moral sense of the people of the United States,

have been a disgrace to Christian civilization, culminating, as

they have, in the destruction of a United States battleship, with

two hundred and sixty of its officers and crew, while on a friendly

visit in the harbor of Havana, and cannot longer be endured, as has

been set forth by the President of the United States in his message

to Congress of April 11, 1898, upon which the action of Congress

was invited; therefore be it resolved,

“First--That the people of the island of Cuba are, and of right

ought to be, free and independent.

“Second--That it is the duty of the United States to demand, and

the government of the United States does hereby demand, that the

government of Spain at once relinquish its authority and government

in the island of Cuba, and withdraw its land and naval forces from

Cuba and Cuban waters.

“Third--That the President of the United States be, and he hereby

is, directed and empowered to use the entire land and naval forces

of the United States, and to call into the actual service of the

United States the militia of the several States to such an extent

as may be necessary to carry these resolutions into effect.

“Fourth--That the United States hereby disclaims any disposition or

intention to exercise sovereignty, jurisdiction or control over

said island, except for the pacification thereof, and asserts its

determination when that is accomplished to leave the government and

control of the island to its people.”

The ultimatum embodied in the foregoing being rejected by Spain,

diplomatic relations were severed and hostilities ensued.

On May 1, at daybreak, the Asiatic squadron, commanded by Commodore

Dewey, arrived at Manila from Hong Kong. At Cavite, within the harbor,

protected by four batteries, lay the Spanish fleet. It was commanded by

Admiral Patricio Montojo. The squadron proceeded up the bay unmolested

and made for the naval station. Two mines were exploded, but

ineffectively. At five o’clock and ten minutes the Spaniards opened

fire. Commodore Dewey set the signals, and his entire squadron advanced

to short range. The squadron consisted of the following cruisers and

gunboats: “Olympia,” “Baltimore,” “Boston,” “Raleigh,” “Concord,”

“Petrel,” and “McCulloch.”

At 5.30 the “Olympia’s” 8-inch guns opened, and the squadron swung in

front of the Spanish ships and forts in single file, firing their port

guns. Then, wheeling, they passed back, firing their starboard guns.

This maneuver was repeated five times, the entire American fleet

passing all the Spanish ships and batteries at each maneuver, and each

time drawing in closer and closer and delivering fire at more deadly

range. During two hours and a half there was tremendous resistance by

the Spaniards. They had eleven ships and five land batteries in full

play, against six American warships. But the American marksmanship was

faultless. Every shot seemed to count against ship or shore battery,

while most of the Spanish powder was burned in vain. At 7.45 A.M. the

American fleet withdrew to ascertain damages and permit the smoke to

clear. It was seen then that several Spanish ships were crippled or

burning, and it was found that the American vessels had suffered hardly

at all. Admiral Dewey called his captains into consultation and

arrangements were made for another attack. At 10.40 the attack was

renewed, the “Baltimore” leading. She advanced right upon the enemy,

shelling them constantly, and the other Americans followed, working

their guns as rapidly as they could load and fire. The effect of this

assault was terrific. Ship after ship of the Spaniards sunk or was run

ashore to keep them from sinking or falling into American hands. At

12.45 P.M. the Spaniards struck their colors in token of surrender.

Admiral Patricio Montojo fled to Manila, and most of the survivors fled

with him. This ended the work of May 1.

On May 2, Commodore Dewey landed a force of marines at Cavite. They

completed the destruction of the Spanish fleet and batteries and

established a guard for the protection of the Spanish hospitals. The

resistance of the forts was weak. The “Olympia” turned a few guns on

the Cavite arsenal, and its magazine at once exploded, killing some and

wounding many. This practically ended the fire from the batteries, the

Spanish artillerists fearing to face the American gunners. “Remember the

‘Maine’!” was the word continually passed between the ships, and every

American officer, every “Jackie,” was eager to do his utmost.

After Manila and the defeat of Admiral Montojo, the successive and

concluding events of the Hispano-American war include Admiral Sampson’s

bombardment of San Juan; Hobson’s heroic experiment with the “Merrimac”;

General Shafter’s campaign; the destruction of Cervera’s squadron; the

capitulation of Santiago; General Miles’s tour in Porto Rico, and the

overtures for peace. These events may be conveniently summarized as

follows:

The bombardment of San Juan was the result of a reconnaissance. The

Spanish fleet, under command of Admiral Cervera, which it was the

purpose of the Americans to capture or destroy, subsequently sought and

found shelter within the harbor of Santiago, the entrance to which

Admiral Sampson then proceeded to invest. There, while waiting to engage

the enemy, it was thought wise to attempt to block the harbor and so

prevent a possible escape. The plan originated with Lieutenant Hobson,

and its execution was left to him. On the night of June 3, with a picked

crew of seven volunteers, he steamed up in the collier “Merrimac” to the

harbor’s entrance and sank her. From the fleet the progress of the

“Merrimac” was eagerly followed.

At 3.15 the first Spanish shot was fired, coming from one of the guns on

the hill to the west of the entrance. The shot was seen to splash

seaward from the “Merrimac,” having passed over her. The firing became

general very soon afterward, being especially fierce and rapid from the

batteries inside on the left of the harbor, probably from batteries on

Smith Cay. The flashes and reports were apparently those of rapid-fire

guns, ranging from small automatic guns to four-inch or larger. For

fifteen minutes a perfect fusillade was kept up. Then the fire

slackened, and by 3.30 had almost ceased. There was a little desultory

firing until about 3.45, when all became quiet. Daylight came at about

five o’clock.

At about 5.15 A.M., a launch, which, under Cadet Powell, had followed

the “Merrimac,” in order if possible to rescue Hobson and his men, was

seen steaming from west to east, near or across the mouth of the harbor.

She steamed back from east to west and began skirting the coast to the

west of the entrance. The battery on the hill to the left opened fire on

her, but did not make good practice. The launch continued her course as

far westward as a small cove and then headed for the “Texas,” steaming

at full speed. Several shots were fired at her from the battery on the

left as she steamed out.

It was broad daylight by this time. Cadet Powell came alongside the

“Texas” and reported that “No one had come out of the entrance of the

harbor.” His words sounded like the death knell of all who had gone in

on the “Merrimac.” It seemed incredible, almost impossible, any of them

could have lived through the awful fire that was directed at the ship.

Cadet Powell said that he had followed behind the ship at a distance of

four or five hundred yards. Hobson missed the entrance of the harbor at

first, having gone too far to the westward; he almost ran aground. The

launch picked up the entrance and directed the “Merrimac” in. From the

launch the collier was seen until she rounded the bend of the channel

and until the helm had been put to port to swing her into position

across the channel. There was probably no one in the fleet who did not

think that all seven of the men had perished. In the afternoon, much to

the surprise of every one, a tug flying a flag of truce was seen coming

out of the entrance. The “Vixen,” flying a tablecloth at the fore, went

to meet the tug. A Spanish officer went aboard the “Vixen” from the tug

and was taken aboard the flagship. Not long afterward a signal was made

that Murphy of the “Iowa” was saved and was a prisoner of war. About

four o’clock another signal was made from the flagship: “Collier’s crew

prisoners of war; two slightly wounded. All well.”

It can be easily imagined what relief this signal brought to all hands,

who had been mourning the death of all these men. The Spanish officer

said also that the prisoners were confined in Morro Castle. He said

further that Admiral Cervera considered the attempt to run in and sink

the “Merrimac” across the channel an act of such great bravery and

desperate daring that he (the Admiral) thought it very proper that our

naval officers should be notified of the safety of these men. Whatever

the motive for sending out the tug with the flag of truce, the act was a

most graceful one, and one of most chivalrous courtesy. The Spanish

officer is reported to have said: “You have made it more difficult, but

we can still get out.”

The daring evinced by Hobson was instantly recognized, but the

importance of his achievement was not appreciated until July 3, when

Cervera’s desperate attempt to escape, would, in all likelihood, have

been partly successful but for the fact that his vessels were obliged to

leave the harbor in single file.

Let us, however, recapitulate in their order the events which followed

the sinking of the “Merrimac,” news whereof was received on June 4. On

June 5, a bombardment of the Morro Castle, commanding the mouth of

Santiago Harbor, took place, but no serious impression seems to have

been made upon the fortress at that time, although some neighboring

earthworks were destroyed. Two days later, there was a more effective

bombardment of the harbor fortifications by Admiral Sampson, but the

Morro Castle still held out and protected the entrance to the port by

its ability to deliver a plunging fire. On June 9, it was known that

twelve thousand men, or about half of our regular army, together with a

number of volunteer regiments, under General Shafter, had set sail from

Tampa, and, on the following day, the Spaniards began preparations for a

vigorous defense of Santiago against a land force by means of carefully

planned intrenchments. On June 11, a body of United States marines

landed at Guantanamo Bay, and, on the three ensuing days, sustained

successfully determined assaults by the Spaniards. On June 15, the

“Vesuvius,” carrying a pneumatic gun, which discharges a tube loaded

with dynamite, arrived off Santiago, and fully justified the

expectations of her inventor by the efficient part which she took in the

bombardment. Since June 7, the Spaniards had attempted to repair the

Santiago forts, and had, to some extent, succeeded in doing so;

consequently, on June 16, Admiral Sampson ordered the ships to open fire

on them again, and, in this assault, is said to have discharged five

hundred thousand pounds of metal.

It was not until June 22, or thirteen days after his departure from

Tampa, that General Shafter landed his troops at Baiquiri, a point on

the coast some miles southwest of Santiago. There was furious fighting

during the three following days, and there was a grievous loss of life

on the American side, infantry and dismounted cavalry having been

ordered or allowed to attack intrenchments without artillery support.

The necessity of heavy siege guns was at once clear to professional

soldiers, but these could not be moved from the transports to the shore,

because only one lighter had been brought from Tampa, and even that one

had been lost. This loss could have been quickly repaired, had not

General Shafter refused to take with him from Tampa the signal train

that had been made ready for him, on the ground that he “only wanted men

who could carry muskets.” The result of this indifference to a branch of

the service which constitutes the eyes, ears and voice of a modern army,

was that it required two days to transmit a request from Shafter’s

headquarters to the point where the cable could be used. On June 29, not

having, as yet, any heavy siege guns in position, and not having so

surrounded the city as to prevent the re-enforcement or escape of its

garrison, General Shafter telegraphed to Washington: “I can take

Santiago in forty-eight hours.” On July 1 and 2, General Shafter made

resolute assaults upon the Spanish intrenchments and carried many of

them, advancing his own lines very much nearer the city. The advantage

thus gained, however, had cost him a considerable fraction of his force.

The whole number of Americans killed, wounded and missing during the

land operations reached ten per cent of the number with which General

Shafter landed on June 22. Of these land engagements the most notable

were those of Aguadores, El Caney and San Juan.

The battle of San Juan is described as follows:

The dawn of July 1 found the troops of Wheeler’s division bivouacked on

the eminence of El Pozo. Kent’s division bivouacked near the road back

of El Pozo. Grimes’s battery went into position about two hundred and

fifty yards west of the ruined buildings of El Pozo soon after sunrise

and prepared gun pits. Grimes’s battery opened fire against San Juan a

little before 8 A.M. The troops of the cavalry division were scattered

about on El Pozo Hill in the rear and around the battery, without order

and with no view to their protection from the Spanish fire. This

condition rectified itself when the Spaniards, after five or six shots

by the American battery, replied with shrapnel fire at correct range and

with accurately adjusted fuses, killing two men at the first shot After

some firing soon after 9 A.M. Wheeler’s division was put in march toward

Santiago. Crossing Aguadores stream, it turned to the right, under

General Sumner, who was in command at that time owing to General

Wheeler’s illness. Scattering shots were fired by the Spaniards before

the arrival of the first troops at the crossing, but their volley

firing did not commence until the dismounted cavalry went into position,

crossing open ground. Kent’s division followed Wheeler’s, moving across

the stream, and advanced along the road in close order under a severe

enfilading fire. After advancing some distance, it turned off to the

left. Lieutenant Ord (killed in battle) made a reconnaissance from a

large tree on the banks of the stream.

At about one o’clock, after a delay of nearly two hours’ waiting for the

troops to reach their positions, the whole force advanced, charged, and

carried the first line of intrenchments. They were afterward formed on

the crest and there threw up intrenchments facing the second line at a

distance of from five hundred to one thousand yards.

We pass to the memorable naval combat of July 3, which annihilated

Cervera’s squadron, and dealt the deathblow to Spain’s hope of making

head against America on the sea. There is, of course, no foundation for

the report that Admiral Cervera resolved to fly because he knew that

Santiago would be immediately taken. The truth is that, on July 2, he

received peremptory orders from Madrid to leave Santiago at once, no

matter what might be the consequences; to engage the American fleet, and

to make his way, if possible, to Havana, where he would raise the

blockade. These orders he did his best to execute on the morning of July

3, having been informed by signal that Admiral Sampson’s flagship, the

“New York,” and a large part of the American fleet, were lying at some

distance toward the east, and that only the “Brooklyn,” “Texas” and

“Iowa” would have to be encountered if the escaping ships moved

westward. There was a mistake in this computation, for the “Oregon” also

took an important part in the action, and so did the little

“Gloucester,” a converted yacht, which did not hesitate, single-handed,

to engage both of the torpedo-boat destroyers. With such information as

he could procure, however, Admiral Cervera believed that his ships could

outsail all of those blockading the mouth of the harbor, except the

“Brooklyn,” and that, if the “Brooklyn” could be disabled, some, at

least, of his vessels could escape. Accordingly, orders were issued by

the Spanish admiral to proceed at full speed to the westward after

clearing the entrance, and to concentrate fire upon the “Brooklyn.” In

the attempt to carry out this programme, the four warships, “Maria

Teresa,” “Almirante Oquendo,” “Vizcaya” and “Cristobal Colon,” followed

by the torpedo-boat destroyers “Pluton” and “Furor,” in the order named

and in single file, pushed with all steam up through the narrow passage

which had been left by the sunken “Merrimac.” The concerted endeavor to

disable the “Brooklyn” failed, and it turned out that both the “Oregon”

and “Texas” were faster than the “Cristobal Colon,” which was much the

swiftest of the Spanish squadron. The “Maria Teresa,” the “Almirante

Oquendo” and the “Vizcaya” were successively riddled and put _hors de

combat_ by the rapid and accurate firing of the American ships, and were

beached by their officers to avoid, not so much surrender, as the danger

of explosion. The “Cristobal Colon” succeeded in reaching a point about

fifty miles from Santiago, when it was headed off not only by the

protected cruiser “Brooklyn,” but also by the ironclads “Oregon” and

“Texas.” From that moment, escape was seen to be impossible, so the

commander beached his ship and hauled down his flag. This closing

incident of the battle took place at 1.20 P.M., almost exactly four

hours after the leading vessel of the escaping column, the “Maria

Teresa,” had passed the Morro. Meanwhile, the little “Gloucester,” under

Commander Richard Wainwright, had stopped both of the torpedo-boat

destroyers, received their fire, and detained them until an ironclad

came up.

It will be observed that the Spanish squadron did not have to contend

with the whole of the American fleet, but that, on the contrary, the

forces engaged were, on paper, much more nearly equal than is generally

understood. The Americans had the first-class battleships “Oregon” and

“Iowa,” the second-class battleship “Texas,” the protected cruiser

“Brooklyn,” and the converted yacht “Gloucester.” The Spaniards, on

their part, had one armored cruiser, three protected cruisers, and two

torpedo-boat destroyers. It is certainly a remarkable fact, and one

almost without a parallel in naval annals, if we except Dewey’s

achievement at Manila, that not a single one of the Spanish vessels

should have managed to escape. The honor of the almost unique victory at

Santiago belongs, beyond a doubt, to Commodore Schley, for, at the

beginning of the action, Admiral Sampson, in his flagship, the “New

York,” was out of sight, and he remained out of signal distance until

almost the end.

Almost immediately after these incidents an expedition under command of

General Miles proceeded to Porto Rico, where, on the southwest coast, at

the little village of Guanica, a landing was effected on July 25.

Twenty-four hours later, the Spanish Government, through M. Jules

Cambon, the French Embassador at Washington, made a formal proposal for

ending the war and arranging terms of peace.

As a basis for peace negotiations it was stipulated that Spain should

first relinquish her sovereignty over any part of the Western

Hemisphere, that the Spanish forces in Porto Rico and Cuba should be

withdrawn unassisted by the United States, and that Manila should be

surrendered to the American forces.

The aggressive operations of the American forces in Porto Rico and in

the Philippines hastened the acceptance of these terms by Spain. The

severest engagement of the campaign in Porto Rico was fought at Coamo on

August 9. Here the Spanish commanding officer, Major Rafael M. Yllesca,

was killed, after having defended his critical position with great

bravery. From all sides the Americans now advanced upon San Juan de

Porto Rico, the most important stronghold of the island.

In the Philippines, likewise, events were nearing a crisis. On August 7

Captain-General Augustin was served with a joint note from Admiral Dewey

and General Merritt, commanding the American forces around Manila,

advising him to remove all non-combatants in anticipation of attack.

General Augustin refused to accept the responsibility of either

defending or surrendering Manila, and accordingly resigned his command.

General Fernain Jaudenes, who succeeded him, declined to remove his

non-combatants in view of the threatening attitude of the Filipinos

around Manila, and resolutely prepared for the worst.

On August 12 the home government in Spain gave in, and authorized the

French Embassador in Washington to sign the peace protocol agreed upon

in behalf of Spain. The instrument was formally executed during the

afternoon of the same day. Its exact text was as follows:

_Protocol of agreement between the United States and Spain,

embodying the terms of a basis for the establishment of peace

between the two countries_:

William R. Day, Secretary of State of the United States, and his

Excellency Jules Cambon, Embassador Extraordinary and Plenipotentiary of

the Republic of France at Washington, respectively possessing for this

purpose full authority from the Government of the United States and the

Government of Spain, have concluded and signed the following articles,

embodying the terms on which the two Governments have agreed in respect

to the matters hereinafter set forth, having in view the establishment

of peace between the two countries, that is to say:

Article I. Spain will relinquish all claim of sovereignty over and title

to Cuba.

Article II. Spain will cede to the United States the island of Porto

Rico and other islands now under Spanish sovereignty in the West Indies,

and also an island in the Ladrones, to be selected by the United States.

Article III. The United States will occupy and hold the city, bay, and

harbor of Manila pending the conclusion of the treaty of peace, which

shall determine the control, disposition, and government of the

Philippines.

Article IV. Spain will immediately evacuate Cuba, Porto Rico, and other

islands now under Spanish sovereignty in the West Indies; and to this

end each Government will, within ten days after the signing of this

protocol, appoint Commissioners, and the Commissioners so appointed

shall, within thirty days after the signing of this protocol, meet at

Havana for the purpose of arranging and carrying out the details of the

aforesaid evacuation of Cuba and the adjacent Spanish islands, and each

Government will, within ten days after the signing of this protocol,

appoint other Commissioners, who shall, within thirty days after the

signing of this protocol, meet at San Juan, in Porto Rico, for the

purpose of arranging and carrying out the details of the aforesaid

evacuation of Porto Rico and other islands now under Spanish sovereignty

in the West Indies.

Article V. The United States and Spain will each appoint not more than

five Commissioners to treat of peace, and the Commissioners so appointed

shall meet at Paris not later than October 1, 1898, and proceed to the

negotiation and conclusion of a treaty of peace, which treaty shall be

subject to ratification according to the respective constitutional forms

of the two countries.

Article VI. Upon the conclusion and signing of this protocol hostilities

between the two countries shall be suspended, and notice to that effect

shall be given as soon as possible by each Government to the commanders

of its military and naval forces.

Done at Washington, in duplicate, in English and in French, by the

undersigned, who have hereunto set their hands and seals, the 12th day

of August, 1898.

(Seal.) WILLIAM R. DAY.

(Seal.) JULES CAMBON.

An armistice was declared at once, and mutual orders were issued to

cease hostilities. The blockade of Cuba was raised. Owing to delay in

the transmission of these orders the war in the Philippines was

continued for twenty-four hours. On August 13, General Fernain Jaudenes,

who had succeeded Governor-General Augustin, succumbed to a combined

attack of the American army and navy forces, and signed a formal

capitulation with all the honors of war. The last battle of the war was

a naval engagement off Caibarien, in Cuba, between the Spanish gunboat

“Herman Cortes” and the American gunboat “Mangrove.” While the two

vessels were still engaged the news of the suspension of hostilities was

signaled from shore.

On September 15 the Queen-Regent approved the appointment of the

following Peace Commissioners: Eugenio Montero Rios, President of the

Senate; Buenaventura Abarzuza, Senator; Wenceslao Ramirez de

Villa-Urrutia, Embassador to Belgium; General Rafael Cerero y Saluz, and

José de Garnica, Associate Judge of the Supreme Court. Senor Ojeda

served as secretary. The American Peace Commissioners were William R.

Day, ex-Secretary of State; Senators Cushman K. Davis, William P. Frye,

and George Gray, with Whitelaw Reid, American Embassador to France. The

joint sessions of the two bodies at Paris began on October 1, and ended

with the signing of a conclusive peace treaty on December 10.

The full text of the peace treaty was as follows:

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 José 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.

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 Mariannes 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 lines:

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 Bachti, from the one hundred and eighteenth to the one

hundred and twenty-seventh degree meridian of longitude east of

Greenwich, thence along the one hundred and twenty-seventh degree

meridian of longitude east of Greenwich to the parallel of four

degrees and forty-five minutes north latitude, thence along the

parallel of four degrees and forty-five minutes north latitude to

its intersection with the meridian of longitude one hundred and

nineteen degrees and thirty-five minutes east of Greenwich, thence

along the meridian of longitude one hundred and nineteen degrees

and thirty-five minutes east of Greenwich to the parallel of

latitude seven degrees and forty minutes north, thence along the

parallel of latitude seven degrees and forty minutes north to its

intersection with the one hundred and sixteenth degree meridian of

longitude east of Greenwich, thence by a direct line to the

intersection of the tenth degree parallel of north latitude with

the one hundred and eighteenth degree meridian of longitude east of

Greenwich, and thence along the one hundred and eighteenth degree

meridian of longitude east of Greenwich to the point of beginning.

The United States will pay to Spain the sum of $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 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:

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 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.

In pursuance of these terms the evacuation of Porto Rico, Cuba and of

the Philippine Islands was carried to a successful end, under the

supervision of the Evacuation Commissioners appointed by Spain.

After the peace treaty had been ratified by the American Senate and

signed by President McKinley, on February 10, it received the signature

of the Queen Regent on March 17, the Cortes having been prorogued.

In a Red Book on the peace treaty issued by the Government later in the

year, Senor Rios thus explained Spain’s predicaments:

“The prostration and bloodless indifference of the public mind

constantly alluded to in the press, the want of well meditated

exposition of a high plane in the discussion and defense of Spain,

especially those which related to the colonial debts, perhaps the most

important which she had to assert in the conference; the multiplicity of

opinions constantly manifested during these negotiations on the other

points to be determined in the treaty; the eagerness apparent from the

first day on the part of this press that the Philippine Archipelago

should be abandoned, its preservation being considered incompatible with

the national interests; the incessant excitation of another part of the

press for this Commission to promptly terminate in any way whatever its

labors, giving way at once to the exigencies of the Federal Government,

and many other things which converted the Spanish press into a subject

for the preferred attention of the American Commissioners, weakened the

moral influence of this Commission and the force of its demands and of

the reasons on which it founded them. Would to God that they may not

also have strengthened the spirit of the American Commission to uphold

and amplify its exactions!

“The Spanish Commission, considering the narrow limits in which it could

move and which had been irrevocably fixed for Spain in the preliminaries

of peace signed at Washington on August 12 last, during these

negotiations constantly drew inspiration for its acts in the purpose to

save from the ruin of the colonial empire of Spain such remnants as were

possible, however lacking in importance these remnants might be, and,

above all, in its unconquerable resolve to never consent that the honor

and the dignity of the fatherland should become stained.

“As regards the question of the ‘Maine,’ the truth is that above all

precedents there weighed upon the American Commission the inability of

giving any satisfactory reply to the Spanish protest, because of the

action of the President of the Union--violative of the most elementary

dictates of generosity and prudence--on recalling, with language

offensive to Spain, the ‘Maine’ incident on the most solemn occasion in

the public life of the United States, and when the negotiations for the

re-establishment of peace were on the point of terminating.

“The Commission believes, then, that it has done its duty. It

understands the treaty concluded is the least prejudicial for Spain that

it was possible to obtain in view of the foreign circumstances, which

could not but inevitably bear down their heavy weight upon her. It

trusts that the coming time will demonstrate this, and it entertains the

hope that, despite the solution imposed on the terrible crisis through

which the nation has just passed, it may soon recover its strength and

grandeur, and it believes, finally, that the honor and the dignity of

the fatherland have been saved in these painful negotiations as the most

precious remnants of the wreck of the old Spanish colonial empire.”

The subsequent Bale of the Caroline and Ladrone Islands to Germany, for

the sum of 5,000,000 pesos, disposed of the last remnants of the Spanish

colonial empire. The Ministry of Colonies was abolished. Then followed a

series of military and naval courts-martial of the various commanding

officers implicated in the capitulations of Manila and Santiago de Cuba,

notably Admirals Montojo, Cervera and Generals Augustin, Jaudenes,

Linares and Toral. The officers laid the responsibility for their

actions at the door of the Ministry of Marine. Minister d’Aunon had to

resign.

Another Cabinet crisis resulted in a new Ministry composed of the

following members--President of Council and Minister Foreign Affairs,

Senor Silvela; War, General Azcarraga; Marine, Admiral Gomez Imaz;

Interior, Senor Dato; Finance, Senor Villaverde; Public Works, Marquis

Pidel; Justice, Senor Bas.

Later Count Torreanaz succeeded Senor Bas in the Ministry of Justice,

and General Weyler became Minister of War.

Weyler’s most formidable rival, Marshal Arsenio Martinez de Campos,

former Captain-General of Spain and Cuba, died in 1900 at Zarauz. With

Jovellar, he issued the pronunciamiento of Sagoote, through which

Alfonso reached the throne. Placed in full command of the Spanish forces

by young Alfonso, he ended the civil war by defeating Don Carlos at Pena

de la Plata in 1876. Despatched to Cuba, he succeeded in putting a stop

to the ten years’ war there by his liberal concessions to the

insurgents. Later he was once more sent to Cuba to cope with the final

insurrection in that island. But his measures were held to be too

conciliatory, and he was recalled in 1895, without having accomplished

his task. Campos never recovered from this disgrace.

The accession of King Alfonso XIII. to the throne, as actual ruler, was

set for his sixteenth birthday, May 17, 1902. Accordingly his mother

delivered her last speech from the throne as Queen-Regent in June of the

preceding year.

The complete list of titles falling to the little king upon his

accession are in themselves an epitome of Spain’s former historic

grandeur. King Alfonso’s full royal titles are: “His Most Catholic

Majesty, Alfonso, King of Spain, Castile and Léon, Aragon, the Two

Sicilies, Jerusalem, the Canary Islands, the East and West Indies,

India, the Oceanic Continent, and King of Gibraltar.”

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