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Treaty of Peace between the United States of America
and the Kingdom of Spain (Treaty of Paris), signed in
Paris, December 10, 1898
December 10, 1898 (https://www.officialgazette.gov.ph/1898/12/10/treaty-of-peace-between-the-united-states-of-america-and-the-kingdom-of-spain-
treaty-of-paris-signed-in-paris-december-10-1898/)
Treaty of Peace Between the United States of America and
the Kingdom of Spain (Treaty of Paris)*
By the President of the United States of America
[Signed in Paris, December 10, 1898]
A Proclamation.
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, 1898, the original of which Convention being in the English and Spanish languages, is word
for word as follows:
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, 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.
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 as occupation shall last, assume and discharge the obligations that may under international law result from the
fact of its occupation, 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 Philippine 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 Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty seventh
(127th) degrees meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th)
degree meridian of longitude east of Greenwich to the parallel of four degree and forty five minutes (4°45′) north
latitude, thence along the parallel of four degrees and forty five minutes (4°45′) north latitude to its intersection with
the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119°35′) east of Greenwich,
thence along the meridian 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 seven degrees and forty minutes (7°40′) north to its intersection with the one hundred and sixteenth (116th)
degree meridian of longitude east of Greenwich, thence by a direct 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 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 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 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 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 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 calibres, 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
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 the mean time, purchase such
materials from Spain, if 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 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 individual, of every kind, of either
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 relinquished 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 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 island 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 the executive or judicial archives, be the latter in Spain or in the islands aforesaid.
ARTICLE IX
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.
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 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.
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 following 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 rights 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.
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 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 often years, to be reckoned from the date
of the exchange of the ratifications of this treaty.
ARTICLE XIV
Spain shall have the power to establish consular officers in the ports 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 dues, light dues, and tonnage duties, as
its 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 thereof; but it will upon the termination 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 thousand eight hundred and ninety-
eight.
[SEAL] WILLIAM R. DAY
[SEAL] CUSHMAN K. DAVIS
[SEAL] WM P. FRYE
[SEAL] GEO. GRAY
[SEAL] WHITELAW REID.
[SEAL] EUGENIO MONTERO RIOS
[SEAL] B. DEABARDUZA
[SEAL] J. DE GARNICA
[SEAL] W R DE VILLA URRUTIA
[SEAL] RAFAEL CERERO
And whereas, the said Convention has been duly ratified on both parts, and the ratifications of the two Governments
were exchanged in the City of Washington, on the eleventh day of April, one thousand eight hundred and ninety-nine;
Now, therefore, be it known that I, William McKinley, President of the United States of America, have caused the said
Convention to be made public, to the end that the same and every article and clause thereof may be observed and
fulfilled with good faith by the United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington, this eleventh day of April, in the year of Our Lord one thousand eight hundred and
ninety-nine, and of the Independence of the United States the one hundred and twenty-third.
[SEAL] WILLIAM MCKINLEY
By the President:
John HaySecretary of State.
Footnotes:
* The Philippine National Territory: A Collection of Documents, Raphael Perpetuo M. Lotilla, ed. [1995], at 32.
1. Sources: 30 US Stat. 1754; II Malloy 1690
2. Signed at Paris, December 10, 1898; ratification advised by the U.S. Senate, February 6, 1899; ratified by the U.S.
President, February 6, 1899; ratified by Her majesty the Queen Regent of Spain, March 19, 1899; ratifications exchanged
at Washington, April 11, 1899; proclaimed, Washington, April 11, 1899.
Source: The Philippine Claim to a Portion of North Borneo
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