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Treaty of Peace between the United States and Spain, Madrid (1898)
Source: Archivo del Ministerio de Asuntos Exteriores, AMAE, siglo XIX, Tratados, 0519
Citation:
Treaty of Peace between the United States and Spain, Madrid (1898), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
32 translated pages
Chapter 1 Page 1
[COVER OF THE TREATY]
Chapter 1 Page 2
[INSIDE COVER OF THE TREATY]
Chapter 1 Page 3
William McKinley
President of the United States of America
To all to whom these Presents shall come, Greeting:
Know Ye htat whereas a treaty of peace between
the United States of America and Her Majesty the
Queen Regent of Spain, in the name of her August
Son Don Alfonso XIII, was concluded and signed
by their respective plenipotentiaries at Paris, on the
tenth day of December, one thousand eight hundred
and ninety-eight, a true copy of which treaty is
word for word as follows:
Chapter 1 Page 4
The United States of Ame-
rica 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, Geor-
ge Gray, and Whitelaw Reid, citi-
zens of the United
States;
and Her Majesty the Queen
Regent of Spain,
Don Eugenio Montero Rios,
president of the senate,
Don Buenaventura de Abarzuza,
Chapter 1 Page 5
senator of the Kingdom and ex-
minister of the Crown;
Don Jose de Garnica, deputy to
the Cortes and associate jus-
tice 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.
Chapter 1 Page 6
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 occupa-
tion shall last, assume and dis-
charge the obligations that may
under international law result
from the fact of its occupation, for
the protection of life and proper-
ty.
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
Marianas or Ladrones.
Article III
Spain cedes to the United States
the archipelago known as the
Philippine Islands, and compre-
Chapter 1 Page 7
hending the islands lying within
the following line:
A line running from west to
east along or near the twentieth
parallel of north latitude, and
through the middle of the navi-
gable channel of Bachi, from
the one hundred and eighteenth
(118th) to the one hundred and
twenty-seventh (127th) degree me-
ridian of longitude east of
Greenwich, thence along the one
hundred and twenty seventh
(127th) degree meridian of longi-
tude east of Greenwich to the
parallel of four degrees and for-
ty five minutes (4°45') north la-
titude, thence along the parallel
of four degrees and forty five
minutes (4°45') north latitude
to its intersection with the me-
ridian of longitude one hundred
Chapter 1 Page 8
and nineteen degrees and thirty
five minutes (119°35') east of
Greenwich, thence along the meri-
dian of longitude one hundred
and nineteen degrees and thirty
five minutes (119°35') east of
Greenwich to the parallel of
latitude seven degrees and forty
minutes (7°40') north, thence along
the parallel of latitude of seven
degrees and forty minutes (7°40')
north to its intersection with
the one hundred and sixteenth
(116th) degree meridian of longi-
tude east of Greenwich, thence
by a direct line to the intersec-
tion of the tenth (10th) degree
parallel of north latitude with
the one hundred and eighteenth
(118th) degree meridian of longi-
tude east of Greenwich, and thence
along the one hundred and eighteenth
(118th) degree meridian of
Chapter 1 Page 9
longitude east of Greenwich to
the point of beginning.
The United States will pay
to Spain the sum of twenty million
dollars ($20,000,000) within three
months after the exchange of the
ratifications of the present treaty.
Article IV
The United States will, for the
term of ten years from the date
of the exchange of the ratifica-
tions 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
Chapter 1 Page 10
its own cost, the Spanish soldiers
taken as prisoners of war on the
capture of Manila by the Ameri-
can 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 Phili-
ppines, 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 exe-
cuted.
The time within which the
evacuation of the Philippine Is-
lands and Guam shall be com-
Chapter 1 Page 11
pleted shall be fixed by the two
Governments. Stands of colors, un-
captured war vessels, small arms,
guns of all calibres, with their
carriages and accessories, powder,
ammunition, livestock, and mate-
rials and supplies of all kinds, be-
longing 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 defences,
shall remain in their emplace-
ments 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 mate-
rial from Spain, if a satisfactory
agreement between the two Govern-
ments on the subject shall be
reached.
Chapter 1 Page 12
Article VI
Spain will, upon the signature
of the present treaty, release all
prisoners of war, and all persons
detained or imprisoned for politi-
cal offences, 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 Ameri-
can forces, and will undertake
to obtain the release of all Spanish
prisoners in the hands of the
insurgents in Cuba and the Phi-
lippines.
The Government of the United
States will at its own cost
return to Spain and the
Chapter 1 Page 13
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 in-
dividual, of every kind, of either
Government, or of its citizens or
subjects, against the other Govern-
ment, that may have arisen since
the beginning of the late in-
surrection in Cuba and prior to
the exchange of ratifications of
the present treaty, including
all claims for indemnity for the
cost of the war.
Chapter 1 Page 14
The United States will adjudi-
cate and settle the claims of its
citizens against Spain relin-
quished in this article.
Article VIII
In conformity with the pro-
visions 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
Chapter 1 Page 15
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 preced-
ing paragraph refers, cannot in
any respect impair the property
or rights which by law belong to
the peaceful possession of proper-
ty of all kinds, of provinces, muni-
cipalities, public or private estab-
lishments, ecclesiastical or civic
bodies, or any other associations
having legal capacity to acquire
and possess property in the afore-
said territories renounced or ceded,
or of private individuals, of what-
soever nationality such individu-
als may be.
Chapter 1 Page 16
The aforesaid relinquishment
or cession, as the case may be, in-
cludes all documents exclusively
referring to the sovereignty relin
quished 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 relinquish-
ment or cession, as the case may
be, are also included such rights
Chapter 1 Page 17
as the Crown of Spain and its au-
thorities possess in respect of the
official archives and records, exe-
cutive 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 ac-
cordance with law, authenticated
copies of the contracts, wills and
other instruments forming part
of notorial protocols or files, or
which may be contained in the
executive or judicial archives, be
the latter in Spain or in the is-
lands aforesaid.
Chapter 1 Page 18
Article IX
Spanish subjects, natives of the
Peninsula, residing in the terri-
tory over which Spain by the
present treaty relinquishes or
cedes her sovereignty, may re-
main 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 res-
pect thereof to such laws as are
applicable to other foreigners.
In case they remain in the terri-
tory they may preserve their
allegiance to the Crown of Spain
by making, before a court of re-
cord, within a year from the
date of the exchange of ratifica-
Chapter 1 Page 19
tions of this treaty, a declaration
of their decision to preserve such
allegiance; in default of which de-
claration they shall be held to
have renounced it and to have
adopted the nationality of the te-
rritory 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 determ-
ined by the Congress.
Article X
The inhabitants of the terri-
tories over which Spain relin-
quishes or cedes her sovereignty
shall be secured in the free exercise
of their religion.
Chapter 1 Page 20
Article XI
The Spaniards residing in the
territories over which Spain by this
treaty cedes or relinquishes her
sovereignty shall be subject in mat-
ters civil as well as criminal to the
jurisdiction of the courts of the coun-
try 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 coun-
try 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 sovereign-
ty shall be determined according
Chapter 1 Page 21
to the following rules:
1. Judgments rendered either in
civil suits between private individu-
als, or in criminal matters, before
the date mentioned, and with res-
pect to which there is no recourse
or right of review under the Span-
ish 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.
2. 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.
3. Criminal actions pending
Chapter 1 Page 22
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 commit-
ted to the competent authority of the
place in which the case arose.
Article XIII
The rights of property secured
by copyrights and patents acquir-
ed by Spaniards in the Island
of Cuba and in Porto Rico, the
Philippines and other ceded terri-
tories, 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
Chapter 1 Page 23
public order in the territories in
question, shall continue to be ad-
mitted free of duty into such terri-
tories, for the period of ten years,
to be reckoned from the date of the
exchange of the ratifications of
this treaty.
Article XIV
Spain will 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, ac-
cord to the merchant vessels of the
other country the same treatment
in respect of all port charges, in-
cluding entrance and clearance
Chapter 1 Page 24
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 obli-
gations 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 termination of such
occupancy, advise any Government
established in the island to assume
the same obligations.
Chapter 1 Page 25
Article XVII
The present treaty shall be
ratified by the President of the
United States, by and with the
advice and consent of the Senate
thereof, and by Her Majesty the
Queen Regent of Spain; and the
ratifications shall be exchanged
at Washington within six months
from the date hereof, or earlier
if possible.
In faith whereof, we,
the respective Plenipotentiaries,
have signed this treaty and have
hereunto affixed our seals.
Done in duplicate
at Paris, the tenth day of Decem-
ber, in the year of Our Lord
Chapter 1 Page 26
one thousand eight hundred and
ninety-eight.
[Seal] William R. Day
[Seal] Eugenio Montero Rios
[Seal] Cushman K. Davis
[Seal] B. De Abarzuza
[Seal] Wm. P. Frye
[Seal] J. De Garnica
[Seal] Geo. Gray
[Sealo] W. R. De Villa Urrutia
[Seal] Whitelaw Reid
[Seal] Rafael Cerero
Chapter 1 Page 27
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publibaction- Madrid Gazette] -
Chapter 1 Page 28
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication- Madrid Gazette] II
Chapter 1 Page 29
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication - Madrid Gazette] - III
Chapter 1 Page 30
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication - Madrid Gazette] - IV
Chapter 1 Page 31
INSIDE BACK COVER
OF THE TREATY
Chapter 1 Page 32
BACK COVER OF THE TREATY
Translation by:
Source: Archivo del Ministerio de Asuntos Exteriores, AMAE, siglo XIX, Tratados, 0519
Citation:
Treaty of Peace between the United States and Spain, Madrid (1898), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
32 translated pages
Chapter 1 Page 1
[COVER OF THE TREATY]
Chapter 1 Page 2
[INSIDE COVER OF THE TREATY]
Chapter 1 Page 3
William McKinley
President of the United States of America
To all to whom these Presents shall come, Greeting:
Know Ye htat whereas a treaty of peace between
the United States of America and Her Majesty the
Queen Regent of Spain, in the name of her August
Son Don Alfonso XIII, was concluded and signed
by their respective plenipotentiaries at Paris, on the
tenth day of December, one thousand eight hundred
and ninety-eight, a true copy of which treaty is
word for word as follows:
Chapter 1 Page 4
The United States of Ame-
rica 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, Geor-
ge Gray, and Whitelaw Reid, citi-
zens of the United
States;
and Her Majesty the Queen
Regent of Spain,
Don Eugenio Montero Rios,
president of the senate,
Don Buenaventura de Abarzuza,
Chapter 1 Page 5
senator of the Kingdom and ex-
minister of the Crown;
Don Jose de Garnica, deputy to
the Cortes and associate jus-
tice 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.
Chapter 1 Page 6
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 occupa-
tion shall last, assume and dis-
charge the obligations that may
under international law result
from the fact of its occupation, for
the protection of life and proper-
ty.
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
Marianas or Ladrones.
Article III
Spain cedes to the United States
the archipelago known as the
Philippine Islands, and compre-
Chapter 1 Page 7
hending the islands lying within
the following line:
A line running from west to
east along or near the twentieth
parallel of north latitude, and
through the middle of the navi-
gable channel of Bachi, from
the one hundred and eighteenth
(118th) to the one hundred and
twenty-seventh (127th) degree me-
ridian of longitude east of
Greenwich, thence along the one
hundred and twenty seventh
(127th) degree meridian of longi-
tude east of Greenwich to the
parallel of four degrees and for-
ty five minutes (4°45') north la-
titude, thence along the parallel
of four degrees and forty five
minutes (4°45') north latitude
to its intersection with the me-
ridian of longitude one hundred
Chapter 1 Page 8
and nineteen degrees and thirty
five minutes (119°35') east of
Greenwich, thence along the meri-
dian of longitude one hundred
and nineteen degrees and thirty
five minutes (119°35') east of
Greenwich to the parallel of
latitude seven degrees and forty
minutes (7°40') north, thence along
the parallel of latitude of seven
degrees and forty minutes (7°40')
north to its intersection with
the one hundred and sixteenth
(116th) degree meridian of longi-
tude east of Greenwich, thence
by a direct line to the intersec-
tion of the tenth (10th) degree
parallel of north latitude with
the one hundred and eighteenth
(118th) degree meridian of longi-
tude east of Greenwich, and thence
along the one hundred and eighteenth
(118th) degree meridian of
Chapter 1 Page 9
longitude east of Greenwich to
the point of beginning.
The United States will pay
to Spain the sum of twenty million
dollars ($20,000,000) within three
months after the exchange of the
ratifications of the present treaty.
Article IV
The United States will, for the
term of ten years from the date
of the exchange of the ratifica-
tions 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
Chapter 1 Page 10
its own cost, the Spanish soldiers
taken as prisoners of war on the
capture of Manila by the Ameri-
can 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 Phili-
ppines, 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 exe-
cuted.
The time within which the
evacuation of the Philippine Is-
lands and Guam shall be com-
Chapter 1 Page 11
pleted shall be fixed by the two
Governments. Stands of colors, un-
captured war vessels, small arms,
guns of all calibres, with their
carriages and accessories, powder,
ammunition, livestock, and mate-
rials and supplies of all kinds, be-
longing 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 defences,
shall remain in their emplace-
ments 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 mate-
rial from Spain, if a satisfactory
agreement between the two Govern-
ments on the subject shall be
reached.
Chapter 1 Page 12
Article VI
Spain will, upon the signature
of the present treaty, release all
prisoners of war, and all persons
detained or imprisoned for politi-
cal offences, 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 Ameri-
can forces, and will undertake
to obtain the release of all Spanish
prisoners in the hands of the
insurgents in Cuba and the Phi-
lippines.
The Government of the United
States will at its own cost
return to Spain and the
Chapter 1 Page 13
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 in-
dividual, of every kind, of either
Government, or of its citizens or
subjects, against the other Govern-
ment, that may have arisen since
the beginning of the late in-
surrection in Cuba and prior to
the exchange of ratifications of
the present treaty, including
all claims for indemnity for the
cost of the war.
Chapter 1 Page 14
The United States will adjudi-
cate and settle the claims of its
citizens against Spain relin-
quished in this article.
Article VIII
In conformity with the pro-
visions 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
Chapter 1 Page 15
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 preced-
ing paragraph refers, cannot in
any respect impair the property
or rights which by law belong to
the peaceful possession of proper-
ty of all kinds, of provinces, muni-
cipalities, public or private estab-
lishments, ecclesiastical or civic
bodies, or any other associations
having legal capacity to acquire
and possess property in the afore-
said territories renounced or ceded,
or of private individuals, of what-
soever nationality such individu-
als may be.
Chapter 1 Page 16
The aforesaid relinquishment
or cession, as the case may be, in-
cludes all documents exclusively
referring to the sovereignty relin
quished 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 relinquish-
ment or cession, as the case may
be, are also included such rights
Chapter 1 Page 17
as the Crown of Spain and its au-
thorities possess in respect of the
official archives and records, exe-
cutive 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 ac-
cordance with law, authenticated
copies of the contracts, wills and
other instruments forming part
of notorial protocols or files, or
which may be contained in the
executive or judicial archives, be
the latter in Spain or in the is-
lands aforesaid.
Chapter 1 Page 18
Article IX
Spanish subjects, natives of the
Peninsula, residing in the terri-
tory over which Spain by the
present treaty relinquishes or
cedes her sovereignty, may re-
main 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 res-
pect thereof to such laws as are
applicable to other foreigners.
In case they remain in the terri-
tory they may preserve their
allegiance to the Crown of Spain
by making, before a court of re-
cord, within a year from the
date of the exchange of ratifica-
Chapter 1 Page 19
tions of this treaty, a declaration
of their decision to preserve such
allegiance; in default of which de-
claration they shall be held to
have renounced it and to have
adopted the nationality of the te-
rritory 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 determ-
ined by the Congress.
Article X
The inhabitants of the terri-
tories over which Spain relin-
quishes or cedes her sovereignty
shall be secured in the free exercise
of their religion.
Chapter 1 Page 20
Article XI
The Spaniards residing in the
territories over which Spain by this
treaty cedes or relinquishes her
sovereignty shall be subject in mat-
ters civil as well as criminal to the
jurisdiction of the courts of the coun-
try 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 coun-
try 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 sovereign-
ty shall be determined according
Chapter 1 Page 21
to the following rules:
1. Judgments rendered either in
civil suits between private individu-
als, or in criminal matters, before
the date mentioned, and with res-
pect to which there is no recourse
or right of review under the Span-
ish 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.
2. 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.
3. Criminal actions pending
Chapter 1 Page 22
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 commit-
ted to the competent authority of the
place in which the case arose.
Article XIII
The rights of property secured
by copyrights and patents acquir-
ed by Spaniards in the Island
of Cuba and in Porto Rico, the
Philippines and other ceded terri-
tories, 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
Chapter 1 Page 23
public order in the territories in
question, shall continue to be ad-
mitted free of duty into such terri-
tories, for the period of ten years,
to be reckoned from the date of the
exchange of the ratifications of
this treaty.
Article XIV
Spain will 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, ac-
cord to the merchant vessels of the
other country the same treatment
in respect of all port charges, in-
cluding entrance and clearance
Chapter 1 Page 24
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 obli-
gations 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 termination of such
occupancy, advise any Government
established in the island to assume
the same obligations.
Chapter 1 Page 25
Article XVII
The present treaty shall be
ratified by the President of the
United States, by and with the
advice and consent of the Senate
thereof, and by Her Majesty the
Queen Regent of Spain; and the
ratifications shall be exchanged
at Washington within six months
from the date hereof, or earlier
if possible.
In faith whereof, we,
the respective Plenipotentiaries,
have signed this treaty and have
hereunto affixed our seals.
Done in duplicate
at Paris, the tenth day of Decem-
ber, in the year of Our Lord
Chapter 1 Page 26
one thousand eight hundred and
ninety-eight.
[Seal] William R. Day
[Seal] Eugenio Montero Rios
[Seal] Cushman K. Davis
[Seal] B. De Abarzuza
[Seal] Wm. P. Frye
[Seal] J. De Garnica
[Seal] Geo. Gray
[Sealo] W. R. De Villa Urrutia
[Seal] Whitelaw Reid
[Seal] Rafael Cerero
Chapter 1 Page 27
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publibaction- Madrid Gazette] -
Chapter 1 Page 28
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication- Madrid Gazette] II
Chapter 1 Page 29
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication - Madrid Gazette] - III
Chapter 1 Page 30
year CCXXXVIII.- Num. 123- Wednesday 3 May 1899- Tome II- p. 379
[Official publication - Madrid Gazette] - IV
Chapter 1 Page 31
INSIDE BACK COVER
OF THE TREATY
Chapter 1 Page 32
BACK COVER OF THE TREATY
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