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(Signed August 12, 1898.) PROTOCOL. William R. Day, Secretary of State of the United State, and His Excellency Jules Cambon, Ambassador 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 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 a 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, also 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.
[SEAL.]
WILLIAM R. DAY.
[ T R E A T Y ] 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:
Article I. Spain relinquishes all claim of sovereignty over and title to Cuba.
Aritcle II. Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones. Article III. Spain cedes to the United States the archipelago known as the Philippine
Islands, and comprehending the islands lying within the following lines:
Article IV. The United States will, for the term of ten years from the date of the exchange of the ratification's of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same term 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.
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 of Cuba and the Philippines and the
war with the United States.
Article VII. The United States and Spain mutually relinquish all claims for indemnity,
national and individual, of every kind, of either Government, or of its
citizens or subjects, against the other Government, that may have arisen
since the beginning of the late insurrection in Cuba and prior to the exchange
of ratification's of the present treaty, including all claims for indemnity
for the cost of the war.
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
of 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.
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 ratification's 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.
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 the 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:
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 ratification's 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 ratification's 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 been either relinquished or ceded by the present treaty. Article XV. The Government of each country will, for the term of ten years, accord
to merchant vessels of the other country the same treatment in respect
of all port charges, including entrance and clearance dues, light dues,
and tonnage duties, as it accords to its own merchant vessels, not
engaged in the coastwise trade.
Article XVI. It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon 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 ratification's shall be
exchanged at WAshington within six months from the date hereof, or earlier
if possible.
[SEAL.] WILLIAM R. DAY. |