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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 ratifications 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 evacuation of Puerto 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 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 ordnance, exclusive of field artil lery, 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 the meantime, purchase such material from Spain if 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 will, at its own cost, return to the United States, Cuba, Puerto 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 gov

ernment that may have arisen since the beginning of the 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 I, II, and III of this treaty Spain relinquishes in Cuba and cedes in Puerto 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 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, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or 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 respect of documents in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may 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 right 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 the executive or judicial archives, be the latter in Spain or in the islands aforesaid.


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 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 the 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 well 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 be determined according to the following rules:

First 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 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.

Second Civil suits between private individuals which may on the date mentioned be undeter

mined, shall be prosecuted to judgment before the court in which they may then be pending, or in the court that may be substituted therefor.

Third 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 au thority of the place in which the case arose.


The rights of property secured by copyrights and patents acquired by Spaniards in the island of Cuba and in Puerto Rico, the Philippines, and other ceded territory, at the time of 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 the exchange of the ratification of this treaty.


Spain will have the power to establish consular offices 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 nation 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.

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 thereof; but it wili, upon the termination of such 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


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The treaty, although signed by the contracting parties, could not as yet, under the Constitution of the United States, become effective. To do this required a ratification by two-thirds vote of the Senate. And there was very great doubt as to the possibility of securing this majority. To many sincere and patriotic people, the idea of acquiring colonial possessions, particularly so far distant and little known as the Philippine Islands, was so repugnant that a powerful movement sprang up in opposition to the treaty. Anti-imperialistic societies were organized, and began a propaganda against the same, based on constitutional and sentimental grounds. Public opinion so strongly expressed, as would be expected, found its reflection in House of Representatives and the Senate. Party lines which



had almost been obliterated during the course of the war now reappeared, and it was found that the Democrats uniformly anti-imperialistic, while the Republicans favored the ratification of the treaty, trusting that the problems that might arise would be solved when they presented themselves. Nevertheless there were men of great ability in the Republican ranks who were opposed to a policy so new and foreign to the spirit of the Declaration of Independence and the Constitution of the United States. One of these was Senator Hoar, of Massachusetts, who fought the treaty with all the power of a logical and forceful mind.

It was due to these conditions that when the Senate took up the ratification of the Treaty of Paris on Monday, February 6, there was much doubt as to the passage of the resolution; 60 votes were needed, and there were only 58 that could safely be depended upon, the opposition numbering 29, with 3 doubtful. The decision was in doubt to the final vote, the earlier ones seemingly indicative of a defeat. However, at 2:30 the resolution was carried by a vote of 57 to 27, or, counting the pairs, 61 to 29. With the exchange of ratifications on April 11, 1899, Spain drops out of American history as a significant figure, and America begins a new era.




The problem of the Filipino government The attitude of President McKinley - The first Philippine Commission - Outbreak of hostilities at Manila -Advance against Malolos - Lawton's campaigns Zapote bridge - Capture of Aguinaldo.

On the departure of General Merritt, the command of the forces in the Philippine Islands was intrusted to Major-General Elwell S. Otis, and to him also descended the difficult problem of dealing with the leaders of the Filipino insurrectos. The situation was much complicated by the encouragement they drew from the indefinite status of the islands, and the opposition to their annexation by the anti-imperialists in the United States. The latter were in the minority, but it was a powerful minority, and the support given by them to Aguinaldo's representative, Agoncillo, at Washington, no doubt was responsible for much of the delay in bringing drastic measures to bear in putting an end to a menacing situation. The attitude of the country as a whole was at first in sympathy with the struggle of the Filipinos for freedom, but there was grave doubt as to their capacity for self-government. At any rate, there was no need for deciding the question hastily, and in order to discover the wisest plan to follow, Presi


dent McKinley appointed a commission which was empowered to investigate conditions in the Philippines, and to suggest a policy to be followed.

President McKinley's own attitude regarding the Filipinos is best expressed in his words delivered before the Boston Home Market Club, February 15, 1899:

"The Philippines, like Cuba and Porto Rico, were intrusted to our hands by the war, and to that great trust, under the providence of God and in the name of human progress and civilization, we are committed. It is a trust from which we will not flinch •

"There is universal agreement that the Philip pines shall not be turned back to Spain. No true American would consent to that.

"The suggestion that they should be tossed into the arena for the strife of nations or be left to the anarchy or chaos of no protectorate at all were too shameful to be considered. The treaty gave them to the United States. Could we have required less and done our duty?

"Our concern is not for territory, or trade, or empire, but for the people whose interests and destiny were put in our hands.

"It is not a good time for the liberator to submit important questions to the liberated while they are engaged in shooting down their res


"The future of the Philippine Islands is now in the hands of the American people.

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