The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-06


/ The United States will adjudicate and set
| tie the claims of its citizens against Spain
reiinqushed in this article.
Article VIII
In conformity with the provisions of Ar
| ticles l. IL and III of this treaty, Spain re-
| linquisheS in Cuba, and cedes in Porto Rico
ard other islands in the West Indies. in The
island of Guam. and in the Philippine archl~
| pelago, all the buildings wharves, barracks,
| forts, structures, public highways and other
immoyable. 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 re-
linquishment 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 peace
| luI possession of property OF all kinds, or
provinces, municipalities public or private
establishments, ecclesiastical or civic bodies,
or any other associations having legal capa-
| city to acquire and possess property IN the
aforesaid territories renounced or ceded, or
of private individuals, of whatsoever ma
| tiOnality such individuals may be.
The aforesaid REIMBURSEMENT or cession,
as the case may be- includes all documents
exclusively referring to the sovereignty re-
| linquished or ceded that may exist in the
archives of the peninsula. Where any docu-
ment in such archives only in part relates
to said sovereignty, copy of such part viii
be furnished whenever it shall be requested
Like rules shall be recprocally observed in
favor of Spain in respect of documents in
the archives of the islands above referred
In the aforesaid REIMBURSEMENT or cession
as the case may be, are also included such
rights as the crown of Spain and its authori-
ties possess in respect of the official archives
and records, executive as well as judicial, in
the islands above referred to. which relates
to said islands or the rights and property
of their inhabitants Such archives and rec
ords 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
notaral protocols or files, or which may be
contained in the executive or judicial
archives, be the latter in Spain or In the ISL
ands aforesaid.
Article TX
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 terri
tory 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 in
dustry, 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 pre-
serve their allegiance to the crown of Spain
by making, before court OF record, within
a year from the date of the exchange of
ratification 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 deter
mined by the Congress.
Article X
The inhabitants of the territories over
which Spain relinquishes or cedes her SOW
ereignty shall be secured in the free exer-
else of their religion.
Article XII
The spaniards residing. in the territories
over which Spain, by this treaty, cedes or
relinquishes her sovereignty shall be subject
in matters civil as we'll as criminal to the
| jurisdiction of the courts of the country
wherein they reside, pursuant to the ordi-
nary 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
Article XII
Judicial proceedings pending at the time
of the exchange of the ratification of this
treaty in the territory over which Spain re-
linquishes or cedes her sovereignty shall be
determined according to the following rules:
l. 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 re-
course or right of review under the Spanish
law, shall be deemed to be final and shall
be executed in dUe form by competent au-
thority 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 judg-
then be pending. or in the court that may
be substituted therefor.
8. 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 it's 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
,.;er1,t Of
rights and patents acquired by Spaniards in
the Island de Cuba, and in Porto Rico the
Philippines and other ceded territories. at
the time Of the exchange of the ratifcations
of this treaty, shall continue to be re-
srected.
Spanish scientific. literary and artistic
works, not subversive to 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 rati-
fcations of this treaty.
Article XIV
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.
Article XV.-
The government of each country WILL for
the term of ten years, accord to the mer-
chant vessels of the other country the same
treatment in respect to 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 termi-
mated on six months notice given by either
government to the other.
Article XVII
1t is understood that any obligations as
sumed in this treaty by the United States
with respect to Cuba are limited to the
time of its occupancy thereof but il 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 there
of and by her Majesty. the Queen Regent
of Spain, and the ratihcations shall be eX-
changed at Washington within six months
from the date hereof, or earlier If possible.
In faith whereof we the respective pleni-
potentiaries, have signed this treaty and
have hereunto affixed our seals.
Done in duplicate at Paris, the 10th day
of December, in the year of our Lord 1895.
WILLIAM r. DAY
CUSHMAN x DAVIS.
WILLIAM +. FRYE.
GEORGE GRAY.
WHITELAW REID.
EUGENIO MONTERO RIOS.
r. DE ABARZUZA.
j. DE GARNICA.
w r. DE VILLA URRUTIA.
RAFAEL CERERO.
RECORD OF THE COMMISSION.