Evening star., 1898-12-21
Additional Details Regarding Provi-
sions Of Peace With Spain.
QUESTION OF PROPERTY RIGHTS
Rules Regarding Judicial Proceed
ings in Ceded Territory.
SPAIN SAVES WAR MATERIAL

LONDON, December 21.-The Madrid cor
respondent 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 artices-is almost identical
with that given by the Paris correspondent
of the Times NJ. de Blowitz on December
IA, 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 sew
enteenth articles, and was incomplete as to
the contents of the third and fifth. The
Morning Posts Madrid correspondent sup
plies these omissions.
Article g. after defining minutey the geo.
graphical position of the ceded Philippines,
adds
'The United States shall pay to Spain
$40, COO 600 within three months after the
exchange of ratitications of this treaty.
Article ), after providing for the repatra-
ton of the Spanish soldiers in the Philip
pines, adds:
"The evacuation of the Philippines and
Guam shall he made upon conditions SIM
liar TO those regulating the evacuation of
the Antilles and within period to be fixed
by both governments. Flags and stands of
COlO1S, SHIPS VI war llOl captured, Sllldll
arms, cannon of every caliber. with their
carriages and accessories; powders, muni-
tions, cattle, material and effects of every
kind belonging to the sea and land forces
of Spain in the Philippines and Guam shall
remain the property Of Spain. Pieces of
heavy caliLer which are not field artillery
mounted in fortificatonS and on the coasts
shall remain in position for q period of six
months from the exchange of ratificatiOns,
and during that period the United States
may purchase said material from Spain if
both governments arrive at q satisfactory
agreement thereon.
Article s. In fulfillment of what is agreed
in articles /, = and Z of TINS treaty, Spain
relinGuishes in Cuba and cedes in Porto
Rico and the other islands of the West In
dies, in the Island of Guam and in the Phil
ppines archipelago all buildings, moles. bar
racks, fortresses, establishments, public
roads and other real property which by Gus
tom right are Of the public domain and,
as such, are vested in the crown of Spain.
Be 1t nevertheless declared that this
linquishment or cession, as the case may be,
10 which the preceding refers, shall in no
way lessen the property or rights which be-
long by custom and law to the peaceful pos
session of goods of all kinds in the PROV
inces and cities, public or private establish
ments, civil or ecclesiastical corporations
or whatever other collective body possess
ing judicial entity for the requirement and
owning of goods in the aforementioned re-
linquished or ceded territories, and to par
ticular individuals, whatever may be their
nationality.
The said accomplishment or cession, as
the case may be, includes all documents
which exclusively refer to the said rein
quishment or ceded sovereignty which eX-
ist in the archives of the peninsula. When
these docume ntS, existing in said archives,
only bear in part on the said sovereignty,
copies of the said part shall be supplied
whenever requested. Analogous rules shall
be reciprOcally observed in favor of Spain
with respect to documents existing in the
archives of the above mentioned islands.
In the aforementioned REIMBURSEMENT or
cesSiOn are comprised those rights of the
crown of Spain and of its authorities over
archives and official registers as well as
administrative and judicial of the said is
land, which refer to them and to the rights
and properties of their inhabitants. The
said archives and registers must be care
fully preserved, and individuals, without
exception. 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 12-Judicial proceedings pending
on the exchange of ratifications of this
treaty in the territories over which Spain
renounces or cedeS sovereignty shall be de-
termined in conformity with the following
rules:
First. Sentence pronounced in civil cases
between individuals or in criminal matters
before the aforementioned date, and
against which there is, according to Span
lsh law, neither appeal nor annulment, shall
be considered determined and shall be exc
cuted in due form by the competent au-
thority in the territory within which said
sentences should be carried out.
Second. Civil lawsuits between individ
uals which shall not have been decided on
the above mentioned date shall pursue their
course before the tribunal in which each
is being tried or before the one which shall
replace it.
Third. Actions in criminal matters pend
ing on the aforementioned date before the
supreme tribunal of Spain against citizens
of territory which, according TO this treaty,
ceases to be Spanish shall remain under
It's jurisdiction until final sentence has been
pronounced; but once sentence has been pro-
nounced, its execution shall be intrusted to
the competent authority of the place where
in the action arose
Article 17-This treaty shall be ratified
by the queen regent and the President Of
the United States. with the consent and
appreciation of the Senate, and ratifcations
exchanged in Washington within six
months, or earlier, if possible'
Then follow the signatures of all the
peace commissioners and the seals.