Thursday, January 24, 2019

The Treaty of Paris

conformity of Paris Signed by the coupled States and Spain, December 10, 1898The join States of America and Her Majesty the faggot legal guardian of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of state of war now existing between the two countries, find for that purpose institute as plenipotentiaries The President of the unify States, William R. Day, Cushman K. Davis, William P.Frye, George Gray, and Whitelaw Reid, citizens of the coupled 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 ceiling Don Jose de Garnica, replacement of the Cortes and associate justice of the supreme dally Don Wenceslao Ramirez de Villa-Urrutia, envoy bonzer and minister plenipotentiary at Brussels, and Don Rafael Cerero, general of division Who, having assembled in Paris, and having change their full powers, which were found to be in due and proper form, subscribe, later on discussion of the matters before them, agreed up on the following articles article I. Spain relinquishes wholly claim of s everyplaceeignty over and title to Cuba. And as the island is, upon its liquidation by Spain, to be occupied by the unite States, the United States impart, so long as such(prenominal)(prenominal) occupation shall last, fall upon and discharge the obligations that whitethorn chthonic international law result from the fact of its occupation, for the protection of carriage and property. hold II. Spain cedes to the United States the island of Porto Rico and otherwise islands now down the stairs Spanish reign 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 origination A line running from west to due east along or near the twentieth p arallel of north parallel, and through the middle of the passable channel of Bachi, from the one ampere-second and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree apex of longitude east of Greenwich, wherefore along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of tetrad degrees and xl five proceeding (4 degree symbol 45&8242) north latitude, thence along the parallel of four degrees and forty five minutes (4 degree symbol 45&8242) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 degree symbol 35&8242) east of Greenwich, thence along the meridian of longitude one hundred nd nineteen degrees and thirty five minutes (119 degree symbol 35&8242) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 degree symbol 40&8242) north, thence along the parallel of latitude of seven degrees and forty minutes (7 degree symbol 40&8242) north to its intersection with the one hundred and sextetteteenth (116th) degree meridian of longitude east of Greenwich, thence by a send out line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of origination. The United States will pay to Spain the sum of twenty billion dollars ($20,000,000) within three months after the exchange of the ratifications of the fork out treaty. Article IV. The United States will, for the term of ten socio-economic classs from the watch of the exchange of the ratifications of the present treaty, defend Spanish ships and merchandise to the manners of the Philippine Islands on the aforesaid(prenominal) terms as ships and merchandise of the United States.Article VThe United States will, upon the signature of the present treaty, send plunk for 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 head word shall be restored to them. Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as healthy 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 extend in force till its aliment argon completely executed. The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two politicss.Stands of colors, uncaptured war vessels, nice arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, and materials and supplies of all kinds, belonging to the l and and naval forces of Spain in the Philippines and Guam, take a breather the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall ride out in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty and the United States whitethorn, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.Article VISpain will, upon the signature of the present treaty, discommode all prisoners of war, and all persons detained or imprisoned for political 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 American forces, and will abridge to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines. The Go vernment of the United States will at its own cost authorize to Spain and the 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 enjoyive homes, prisoners released or caused to be released by them, esteemively, under this article. Article VII.The United States and Spain mutually relinquish all claims for indemnity, national and individual, of each kind, of all 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 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 give in this article. 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 othe r 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 big top of Spain.And it is hereby declared that the relinquishment or cession, as the movement may be, to which the preceding paragraph refers, can not in every respect impair the property or rights which by law belong to the halcyon possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastic or civic bodies, or any other associations having legal electrical condenser to acquire and possess property in the afore express 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 inventorys exclusively referring to the reign turn o ver 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 estimate 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 include 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 notorial protocols or files, or which may be contained in the executive or ju dicial archives, be the latter(prenominal) in Spain or in the islands aforesaid. Article IX.Spanish subjects, natives of the Peninsula, residing in the rule 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 accept on their industry, commerce and professions, being subject in respect therefore 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 control 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 i n which they may reside.The civilian rights and political shape of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress. Article X. The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free practice 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 they reside, pursuant to the ordinary laws governing the same and they shall have the right to appear before such courts, and to ursue the same grade 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 fo llowing rules 1. 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 analyse under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authorisation 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 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 case arose. Article XIII. The ri ghts 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 gear up 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 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, accord to the merchandiser vessels of the other country the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage d uties, 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 breathing out 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 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 December, in the year of Our Lord one 1000 eight hundred and ninety-eight. Seal William R. DaySeal Cushman K. DavisSeal William P. FryeSeal Ge o. GraySeal Whitelaw ReidSeal Eugenio Montero RiosSeal B. de AbarzuzaSeal J. de GarnicaSeal W. R. de Villa UrrutiaSeal Rafael CereroDocument courtesy of The Avalon Project Source A Treaty of Peace Between the United States and Spain, U. S. Congress, 55th Cong. , 3d sess. , Senate Doc. No. 62, reveal 1 (Washington Government Printing Office, 1899), 5-11. Source Firstworldwar. com. First World War. com. N. p. , n. d. Web. 22 Jan. 2013. http//www. pbs. org/wgbh/amex/1900/filmmore/reference/primary/treatyofparis. html

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