TREATY OF PEACE
of December Tenth Eighteen Hundred Ninety Eight
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 Jose 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, after discussion of the matters before them, agreed upon the following articles:
ARTICLE I
Spain relinquishes all claim of sovereignty over the title to Cuba, And as the Island is, upon its
evacuation
by Spain will, so long as such occupation shall last, assume and discharge the obligation that may under
international law result from the fact of its 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 Marianas or Ladrones.
ARTICLE III
Spain cedes to the United States the archipelago known as the Philippines Islands, and comprehending 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 navigable channel of Bacchi, from the one hundred and eighteenth to the one hundred and
eighteenth to the one hundred and twenty-seventh degree meridian of longitude east of Greenwich, thence
along the parallel 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 to 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, 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 twenty million dollars, 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 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 ratification 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 Island in the West Indies, under the protocol of August
twelfth, eighteen hundred and ninety-eight, 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 ordinance, exclusive of filled 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 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,
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 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 One, Two, and Three 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, public 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, can not in any respects impair the property of rights which law belong to the peaceful
procession of property of all kinds, of provinces, municipalities, public or private establishments,
ecclesiastical or civil bodies, or any other associations, having legal capacity to acquire and possess
property in the aforesaid whatsoever nationality such individuals may be.
The aforesaid relinquishment of 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 respects of documents in the archives ot the islands
above referred to.
In the aforesaid relinquishment or cession, as the case mat 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 law, authenticated copies of the contracts, wills,
and other instruments forming part of notarial protocols or files, or which may be contained in executive
or judicial archives, be the latter in Spain or in the islands aforesaid.
ARTICLE IX
Spanish subject, 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 rights 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 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 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 been determined according to the following rules.
- 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 deemed to be final, and shall be executed in due from by competent authority in the territory within
which such judgments should be carried out.
- Civil suits between private individuals which may on the date mentioned be undetermined shall be
prosecuted to judgment before the court in which they maythen be pending or in the court that may be
substituted therefor.
- 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 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 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 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 the merchant vessels of the
other country the same treatment in respect of all port charges, including entrance and clearance due, lights
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, 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 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. One in duplicate at Paris, the tenth day of December, in the year of our Lord one
thousand eight hundred and ninety-eight.
(Seal) William R. Day.
(Seal) Cushman K. Davis.
(Seal) William P. Fyre.
(Seal) George Gray.
(Seal) Whitelaw Reid.
(Seal) Eugenio Montero Rios.
(Seal) B. De Abarzuza.
(Seal) J. de Garnica.
(Seal) W. R. De Villa Urrutia.
(Seal) Rafael Cerero.
