The herald., 1898-12-21
TEXT OF The TREATY
SET FORTH SOMEWHAT MORE IN
DETAIL
CAREFUL ATTENTION GIVEN
To Civil and Religious Rights of Citi-
zens of the Territory Ceded
by Spain
Associated Press Special Wire


LONDON, Dec. 2O.-Ihe Madrid corre-
spondent of the Morning Post today gives
a translation of the seventeen articles of the
Hispano- American treaty. His wording
with the exception of the eighth, twelfth and
seventeenth articles-is almost identical
with that given by the Paris correspondent
of the Times, Mr. DE Blowitz, on Dec. 4th,
and then cabled to the Associated Press.
The text of the treaty as it appeared in
the dispatch of NJ. DE Blowitz to the Times
did not contain the eighth. twelfth and
seventeenth articles, and was incomplete as
to the contents of the third and fifth. 1he
Morning Post S Madrid correspondent sup
plies these omissions:
Article LII, after defining minutely the
geographical position OF the ceded Philip
pines, adds:
1.-The United States shall pay to Spain
500 OOO 900 within three months after the
exchange of ratitications of this treaty.
Article V, after providing for the repa-
tration of the Spanish soldiers in the Philip
pines, adds:
1.-The evacuation of the Philippines and
Guam shall be made upon conditions siml-
lar to those regulating the evacuation OF
the Antilles, and within period to be hxed
bv both governments. Flags and stands OF
colors. ships OF war not captured, small
arms. cannon OF every caliber with their car
riages and accessories, powders, munitions
cattle. material and effects of every kind
belonging to the sea and land forces of Spain
in the Philippines and Guam shall remain
of DipoeS Of heavy call
her. which are not field artillery, mounted
in Notifications and on the coasts, shall re-
main in position for period of six months
from the exchange Of ratiticatlons and dur
inc that period the United States may pur
chase said material from Spain If both gov
ernments arrive at satisfactory agreement
thereon"
Article VIII. In fulfillment OF what Is
agreed in articles l, and 3 OF this treaty,
Spain relinquishes in Cuba and cedes IN
Porto Rico and the other islands OF the
West Indies, in the island OF Gaum and IN
the Philippine archipelago, all buildings,
moles, barracks, fortresses, establishments
public roads and other real property which
BY custom or right are of the pubic do
main and as such are vested in the crown
OF Spain. Be it nevertheless declared, that
this REIMBURSEMENT or cesson, as the case
may be, to which the preceding refers, shall
in no way lessen the property or rights
which belong by custom and law to the
peaceful possession of goods of all kinds
in the provinces and cities, public or pri-
vate establishments, civil or ecclesiastical
corporations or whatever other collective
body possession judicial entity for the ac
quirement and owning of goods in the
aforementioned relinquished or ceded ter
ritores and to particular individuals what
ever may be their nationality.
The said REIMBURSEMENT or session, as the
case may be, includes all documents which
exclusively refer to the said relinqushed or
ceded sovereignty which exist in the archives
OF the peninsula. When these documents,
existing in said archives, bear in part on the
said sovereignty, copies OF the said part'shall
be supplied whenever requested. Analo-
gous rules shall be reciprocally observed in
favor of Spain with respect to documents
existing in the archives in the above men
toned islands. In the aforementioned re-
linquishment or cession are comprised those
rights OF the crown of Spain and of its
authorities over archives and official regis
tiers, as well administrative as judicial. of
the said island, which refer to them and to
the rights OF properties OF their inhabitants,
and said archives and registers must be care
fully preserved: and individuals without eX-
ception shall have the right to obtain, in
accordance with the laws, authorized copies
of contracts, wills and other documents,
which form parts of notarial protocols, or
which are kept in administrative and judi
cial archives, whether they be in Spain or in
the aforementioned islands.
Article NII.-Judicial proceedings pend
ing on the exchange OF ratifications of this
treaty in the territories over which Spain
renounces or cedes sovereignty shall be
determined in conformity with the follow
ing rules:
First-Sentences pronounced in civil
cases between individuals or in criminal
matters before the aforementioned date,
and against which there is, according to
Spanish law, neither appeal nor annulment,
shall be considered determined and shall
be executed in due form by the competent
authority in the territory within which
said sentences should be carried out.
Second-Civl law suits between individ-
uaNs which shall not have been decided on
the aforementioned date shall pursue their
course before the tribunal in which each
Is beng tried or before the one which shall
replace it,
Third, actions in criminal matters
pending on the aforementioned date before
the supreme tribunal Of Spain agains citi-
zens of territory which, according to this
treaty, ceases to be Spanish, shall remain
under its jurisdiction until final sentence has
been pronounced, but once sentence has
been pronounced, its execution shall be
intrusted to competent authority of the
place wherein the action arose.
Article NVII. This treaty shall be rati-
fled by the queen regent and the President
OF the United States with the consent and
appreciation Of the senate and ratification
exchanged in Washington within six
months, or earlier if possible.
Then follow the signatures of all the peace
commissioners and seals.