Treaty Between Spain and U.S. Regarding Guam – 1898
Treaty Of Peace of December 10, 1898
The Philippine-American War 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:
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.
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.
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.
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.
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.
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.
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.
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 to 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.
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.
The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.
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.
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 may then 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.
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.
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.
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 coast-wise trade.
This article may at any time be terminated on six months’ notice given by either Government to the other.
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.
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.