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.