CHAPTER XXVII

The Official Title to Our New Possessions in the Indies.

Full Text of the Treaty of Peace with Spain Handed the President of

the United States as a Christmas Gift for the People, at the White

House, 1898--The Gathered Fruit of a Glorious and Wonderful Victory.

On an August midnight the good ship Peru, Major-General Otis with

his staff and General Hughes, and a thousand regular cavalry and "the

historian of the Philippines" aboard, approached within a few miles,

an immense mass of darkness. About where the mouth of Manila Bay

should be there was, deep in the east and at a considerable elevation,

a spark of white, and in a few seconds a red light, keener than stars,

and in half a minute there were the sharp flashes again, and we knew

that there were friends watching and waiting--that "our flag was still

there," that Admiral Dewey and General Merritt of the Navy and Army

of the United States had upheld the symbol of the sovereignty of the

Great Republic of North America, that the lights glowed down from the

massive rock of Corregidor, that through the shadows that fell on these

darksome waters the American squadron had entered into immortality

less than four months before, and that with the morning light we

should look upon the famous scene of triumphant Americanism. We had

been fifteen days out of the world, for there were only the southern

constellations to tell us, the southern cross so high and the north

star so low, and the dazzling scorpion with diamond claws touching the

central blue dome, to say how far down into the tropics we were, while

the clouds of flame rested on the serenities of the matchless sea; and

what had the great deep in its mysterious resplendence been whispering

along the enchanting shores of the islands of Asia--the true Indies,

Oriental or Occidental as might be--what had the wild waves that beat

against the volcanic coasts made known in the boats wafted by the

welcoming winds? We knew of the bloody days on the hills of Santiago,

and the fate of the fleet of Admiral Cervera, and there must be news of

other victories! Our ship turned away from the looming rock that sent

forth flashes as if to say all is well, in the universe that we in our

vast adventure had almost abandoned. And when the day dawned and the

green hills and blue mountains and the silvery waters were revealed

we turned to the left, where Dewey led his squadron to the right, and

there was the bay hundred and twenty knots in circumference. Yonder

were the white walls of Cavite, and further along domes and steeples,

masts and heavy lines of buildings, a wide spread city crouching on

a plain rising a few feet above the tides. It was Manila. Presently

a boat swept near, and what was that, a dozen words repeated here

and there--Merritt in possession of the city--of course, that was

what he was there for,--but who said "there was a declaration of

peace?" The strange statement was made. What--could it be that

Spain had surrendered? Surely the President would not stop pushing

things until he had gathered the fruits of victory? No, there was a

protocol, and that was a treaty in fact! France had been the medium of

negotiation. Spain had sued for peace, and terms were granted. Cuba

was surrendered. Porto Rico was ceded to us. The Spaniards claimed

that they had given up Manila after peace was settled, and they

must repossess it. But Merritt was ashore was he not, and going to

stay? Dewey had not given up anything, had he? Surely not! But there

was to be a conference, a meeting of joint commissioners held at Paris

to provide a treaty, that was to say the details--all the important

points were fixed irrevocably except the fate of the Philippines! At

this point the news of the morning gave out, all except the particulars

of the seige, the high claims of the Spaniards, the dissatisfaction

of the insurgents. It was some days before the realization of the

situation was perfected. The full terms of the protocol were not made

known at once. Spain gave up the West Indies and a Ladrone island,

and the United States was to hold the city, bay and harbor of Manila

pending the conclusion of a treaty of peace which should determine the

control, disposition and government of the Philippines. Certainly this

was the conclusive surrender of Spain! General Merritt was ordered to

Paris, and there represented the army of the United States, and its

faith and honor and glory. Our Peace Commissioners were Wm. R. Day,

Cushman K. Davis, William P. Frye, George Gray and Whitelaw Reid,

who started for Paris September 18. The Spanish Commissioners made a

long struggle, and protracted their unhappy task for more than two

months, using all arts of procrastination and persuasion, claiming

that the United States should pay the Cuban debt, and striving for

allowances of indemnity, yielding at last to the inevitable. The text

of the treaty is in seventeen articles as follows:

Article I.--Spain renounces all right of sovereignty over Cuba. Whereas

said isle when evacuated by Spain is to be occupied by the United

States, the United States, while the occupation continues, shall

take upon themselves and fulfill the obligations which, by the fact

of occupation, international law imposes on them for the protection

of life and property.

Article II.--Spain cedes to the United States the Island of Porto Rico

and the other islands now under her sovereignty in the West Indies

and the Isle of Guam in the archipelago of the Marianas or Ladrones.

Article III.--Spain cedes to the United States the archipelago known

as the Philippine Islands, which comprise the islands situated between

the following lines: A line which runs west to east near the twentieth

parallel of north latitude across the center of the navigable canal

of Bachi, from the 118th to the 127th degrees of longitude east of

Greenwich, from here to the width of the 127th degree of longitude

east to parallel 4 degrees 45 minutes of north latitude. From here

following the parallel of north latitude 4 degrees 45 minutes to its

intersection with the meridian of longitude 119 degrees 35 minutes

east from Greenwich. From here following the meridian of 119 degrees

35 minutes east to the parallel of latitude 7 degrees 40 minutes

north. From here following the parallel of 7 degrees 40 minutes north

to its intersection with 116 degrees longitude east. From here along

a straight line to the intersection of the tenth parallel of latitude

north with the 118th meridian east, and from here following the 118th

meridian to the point whence began this demarcation. The United States

shall pay to Spain the sum of $20,000,000 within three months after

the interchange of the ratifications of the present treaty.

Article IV.--The United States shall, during the term of ten years,

counting from the interchange of the ratifications of the treaty,

admit to the ports of the Philippine Islands Spanish ships and

merchandise under the same conditions as the ships and merchandise

of the United States.

Article V.--The United States, on the signing of the present treaty,

shall transport to Spain at their cost the Spanish soldiers whom the

American forces made prisoners of war when Manila was captured. The

arms of these soldiers shall be returned to them. Spain, on the

interchange of the ratifications of the present treaty, shall proceed

to evacuate the Philippine Islands, as also Guam, on conditions

similar to those agreed to by the commissions named to concert the

evacuation of Porto Rico and the other islands in the Western Antilles

according to the protocol of Aug. 12, 1898, which shall continue in

force until its terms have been completely complied with. The term

within which the evacuation of the Philippine Islands and Guam shall be

completed shall be fixed by both Governments. Spain shall retain the

flags and stands of colors of the warships not captured, small arms,

cannon of all calibers, with their carriages and accessories, powders,

munitions, cattle, material and effects of all kinds belonging to the

armies of the sea and land of Spain in the Philippines and Guam. The

pieces of heavy caliber which are not field artillery mounted in

fortifications and on the coasts shall remain in their places for

a period of six months from the interchange of the ratifications of

the present treaty, and the United States may during that period buy

from Spain said material if both Governments arrive at a satisfactory

agreement thereon.

Article VI.--Spain, on signing the present treaty, shall place at

liberty all prisoners of war and all those detained or imprisoned for

political offences in consequence of the insurrections in Cuba and

the Philippines and of the war with the United States. Reciprocally

the United States shall place at liberty all prisoners of war made

by the American forces, and shall negotiate for the liberty of all

Spanish prisoners in the power of the insurgents in Cuba and the

Philippines. The Government of the United States shall transport, at

their cost, to Spain, and the Government of Spain shall transport, at

its cost, to the United States, Cuba, Porto Rico and the Philippines,

conformably to the situation of their respective dwellings, the

prisoners placed or to be placed at liberty in virtue of this article.

Article VII.--Spain and the United States mutually renounce by the

present treaty all claim to national or private indemnity, of whatever

kind, of one Government against the other, or of their subjects or

citizens against the other Government, which may have arisen from the

beginning of the last insurrection in Cuba, anterior to the interchange

of the ratifications of the present treaty, as also to all indemnity

as regards costs occasioned by the war. The United States shall judge

and settle the claims of its citizens against Spain which she renounces

in this article.

Article VIII.--In fulfilment of Articles I., II. and III. of this

treaty Spain renounces in Cuba and cedes in Porto Rico and the

other West Indian isles, in Guam and the Philippine archipelago,

all buildings, moles, barracks, fortresses, establishments, public

roads and other real property which by custom or right are of the

public domain, and as such belong to the crown of Spain. Nevertheless,

it is declared that this renouncement or cession, as the case may be,

referred to in the previous paragraph, in no way lessens the property

or rights which belong by custom or law to the peaceful possessor of

goods of all kinds in the provinces and cities, public or private

establishments, civil or ecclesiastical corporations or whatever

bodies have judicial personality to acquire and possess goods in the

above-mentioned, renounced or ceded territories, and those of private

individuals, whatever be their nationality.

The said renouncement or cession includes all those documents which

exclusively refer to said renounced or ceded sovereignty which exist

in the archives of the peninsula. When these documents existing in

said archives only in part refer to said sovereignty, copies of

said part shall be supplied, provided they be requested. Similar

rules are to be reciprocally observed in favor of Spain with respect

to the documents existing in the archives of the before-mentioned

islands. In the above-mentioned renunciation or cession are comprised

those rights of the crown of Spain and of its authorities over the

archives and official registers, as well administrative as judicial,

of said islands which refer to them and to the rights and properties

of their inhabitants. Said archives and registers must be carefully

preserved, and all individuals, without exception, shall have the

right to obtain, conformably to law, authorized copies of contracts,

wills and other documents which form part of notarial protocols or

which are kept in administrative and judicial archives, whether the

same be in Spain or in the islands above mentioned.

Article IX.--Spanish subjects, natives of the peninsula, dwelling

in the territory whose sovereignty Spain renounces or cedes in the

present treaty, may remain in said territory or leave it, maintaining

in one or the other case all their rights of property, including the

right to sell and dispose of said property or its produces; and,

moreover, they shall retain the right to exercise their industry,

business or profession, submitting themselves in this respect to the

laws which are applicable to other foreigners. In case they remain

in the territory they may preserve their Spanish nationality by

making in a registry office, within a year after the interchange of

the ratifications of this treaty, a declaration of their intention

to preserve said nationality. Failing this declaration they will be

considered as having renounced said nationality and as having adopted

that 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 Congress.

Article X.--The inhabitants of the territories whose sovereignty Spain

renounces or cedes shall have assured to them the free exercise of

their religion.

Article XI.--Spaniards residing in the territories whose sovereignty

Spain cedes or renounces shall be subject in civil and criminal

matters to the tribunals of the country in which they reside,

conformably with the common laws which regulate their competence,

being enabled to appear before them in the same manner and to employ

the same proceedings as the citizens of the country to which the

tribunal belongs must observe.

Article XII.--Judicial proceedings pending on the interchange of

the ratifications of this treaty in the territories over which Spain

renounces or cedes sovereignty shall be determined conformably with

the following rules: First, sentences pronounced in civil cases

between individuals or in criminal cases before the above-mentioned

date, and against which there is no appeal or annulment conformably

with the Spanish law, shall be considered as lasting, and shall be

executed in due form by competent authority in the territory within

which said sentences should be carried out. Second, civil actions

between individuals which on the aforementioned date have not been

decided shall continue their course before the tribunal in which the

lawsuit is proceeding or before that which shall replace it. Third,

criminal actions pending on the aforementioned date before the supreme

tribunal of Spain against citizens of territory which, according

to this treaty, will cease to be Spanish, shall continue under its

jurisdiction until definite sentence is pronounced, but once sentence

is decreed its execution shall be intrusted to competent authority

of the place where the action arose.

Article XIII.--Literary, artistic and industrial rights of property

acquired by Spaniards in Cuba, Porto Rico, the Philippines and other

territories ceded on the interchange of ratifications of this treaty

shall continue to be respected. Spanish scientific, literary and

artistic works which shall not be dangerous to public order in said

territories shall continue entering therein with freedom from all

customs duties for a period of ten years dating from the interchange

of the ratifications of this treaty.

Article XIV.--Spain may establish consular agents in the ports and

places of the territories whose renunciation or cession are the object

of this treaty.

Article XV.--The Government of either country shall concede for a term

of ten years to the merchant ships of the other the same treatment

as regards all port dues, including those of entry and departure,

lighthouse and tonnage dues, as it concedes to its own merchant ships

not employed in the coasting trade. This article may be repudiated

at any time by either Government giving previous notice thereof six

months beforehand.

Article XVI.--Be it understood that whatever obligation is accepted

under this treaty by the United States with respect to Cuba is limited

to the period their occupation of the island shall continue, but at

the end of said occupation they will advise the Government that may be

established in the island that it should accept the same obligations.

Article XVII.--The present treaty shall be ratified by the Queen Regent

of Spain and the President of the United States, in agreement and with

the approval of the Senate, and ratifications shall be exchanged in

Washington within a period of six months from this date or earlier

if possible.

The treaty of peace will he ratified by the Senate. It appears before

ratification, as was the case of the protocol, through the favor of

the French translations. The treaty fitly crowns the triumphs of the

war. The payment of the small indemnity of twenty million dollars

only covers at a reasonable estimate the public property of Spain,

in territory ceded to us, that was beyond the lines of the areas that

formally submitted to our arms.

The Story of the Philippines Natural Riches, Industrial Resources, Statistics of Productions, Commerce and Population; The Laws, Habits, Customs, Scenery and Conditions of the Cuba of the East Indies and the Thousand Islands of the Archipelagoes of India and Hawaii, With Episodes of Their Early History; The Eldorado of the Orient; Personal Character Sketches of and Interviews with Admiral Dewey, General Merritt, General Aguinaldo and the Archbishop of Manila; History and Romance, Tragedies and Traditions of our Pacific Possessions; Events of the War in the West with Spain, and the Conquest of Cuba and Porto Rico · 第 27 / 29 章