Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-06


ment between the two governments on the
subject shall be reached.
Article VI.
Spain will, upon the signature of the pres
ent treaty, release all prisoners of war and
all persons detained or imprisoned for po-
liticaI offenses, in connection with the in
surrectfons in Cuba and the Philippines and
the war with the United States.
Reciprocally the United States will re-
lease 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, prison.
ers released or caused to be released by
them, respectively, under this article.
Article VII.
The United States and Spain mutually re-
linquish all claims for indemnity, national
and individual of every kind, of either gov
eminent 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 ex-
change of Publications of the present
treaty, including all claims for indemnify
for the cost of the war
The United States will adjudicate and set
tie the claims of it's citizens against Spain
relnquished in this article.
Article VIII.
In conformity with the provisions of ar
ticles I II and III of this treaty, Spain re-
linquishes 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, bar
racks. 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 relin-
quishment 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, municipali-
ties. public or private establishments
ecclesiastical civic bodies, or any other
associations having legal capacity to ac-
quire and possess property in the aforesaid
territories renowned or coded, or of private
individuals. of whatsoever nationality such
individuals may be.
The aforesaid REIMBURSEMENT or cession,
as the case may be, includes all documents
exclusively referring to the sovereignty re-
huquished or ceded that may exist in the
archives of the peninsula. Where any doc
unent in such archives only in part relates
to said sovereignty, copy of such part
will be furnished whenever it shall be re-
quested. 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 REIMBURSEMENT or ces-
sion. the case may be, are also included
such rights as the crown of Spain and it's
n of thH al
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 pre-
served, and private persons shall without
distinction have the right to require, in ac-
cOrdance with law. authenticated copies of
the contracts. wills and other instruments
or which may be contained in the execu-
tive or judicial archives, be the latter in
Spain or in the islands aforesaid.
Article IN.
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, in
Guiding the right TO sell or dispose of such
property or of its proceeds; and they shall
also nave the right TO carry on tnGlr 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 Il
year from the date of the exchange of rati-
ncatiOns of this treaty, a declaration of
their decision to preserve such allegiance;
in default OF which declaration they shall
be held to have renouaced it and to have
adopted the nationality of the territory in
which they may reside.
The civil rights and political status of the
native inha bitants of the territories hereby
coded to the United States shall be de-
teruined by the Congress.
Article Y.
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 ri.
The Spaniards residing in the territories
over which Spain by this treaty cedes or re-
linquishes 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 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 court
belongs.
Article MI.
Judicial proceedings pending at the time
of the exchange of Publications of this
treaty in the territories over which Spain
relinquishes cedes her sovereignty shall
be determined according to the following
rules:
i. 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 review under the Spanish law
shall be deemed to be final and shall be
executed in due form by competent author
lily in the territory within which such
Judgments should be carried out
=. Civil suits between private individuals
which may on the date mentioned be undc-
termined shall be prosecuted to judgment
before the court in which they may then be
pending, or in the court that may be substi-
tuted therefor
). 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
maj Judgment; but, such Judgment having
Deen rendered, the execution thereof shall
be committed 10 the competent authority
OF the place IN which the case arose.
Article XIII.
The rights of properly secured by copv
rights and patents acquired by Spaniards
in the Island of Cuba and in Porto Rico
the PhfiiDDinfs and otbA ce5aa ,o.,;.--.