La correspondencia de Puerto Rico. (San Juan, P.R.) 1890-1943, 1909-06-27
.PROTOCOLO No. 4 Y SUS ANExOS.

| III is proper 10 saVV tnat II durlns
the negotiations resultin in the con,
ciuSion of the Protocol Spain had
proposed to ad to it stipulation.
in regard to Cuba such as those
now put forward, the proposal,
unless abandoned, would have ter.
minated the negotiations.
The American Commissioners,
therefore, speaking for their Go.
vernment, must decline to accept
the burden whicuh it is now propo-
sed shall be gratuitousiy assumed.
The American Commissioners
further observe that in article 3
of the draft there is a negative clause
by which property not belonging
to the Crown Of Spain is excepted
from the proposed REIMBURSEMENT
and transfer of sovereignty. In
one repect this exception appears
to be unnecessary, and in another
illogical. So far as it affects the
question of legal title it is unneces.
sary, since such title, if not held
by Spain, would not pass to the
United States by SPANS transfer
Of sovereignty. On the other hand
so far as it affects the question Of
sovereignty, it is biological, since
the sovereignty, which includes
the rigts OF eminent domain. would,
if excepted from the relinquish-
ment, remain with Spain. We
would thus have the singular spec
tacle of Spain relinquishing her
sovereignty over property belon-
ging to the Crown, but retaining
it over all other property.
Thus again we should witness
the utter defeat of the explicit en-
gagement in the Protocol that Sp
would "relinquish all claim of So
vereignty over and title to Cuba"
In the articles presented by the,
American Commissioners there we
re stiuulations in relation to arohi--
yes and official records, which sti--
pulations were intended to secure,
and, as the American Commissio-
ners believe, would effectually Sc
cure, the object of preserving and
of furnishing to those in interest
evidence of title to property in the,
islands in question.
In the articles submitted by the
Spanish Commissioners, it is pro-
vided that documents and papers
relating to sovereignty to be foun-
in the archives Of the Peninsula
shall be furnished to the United
States; also ''copies Of such por-
tions of other documents and pa
pers relating to other subjects fore
ign to the Island of Cuba and the
sovereignty aforesaid as may exist
in the said archives"
1t is difficult for the Americans TO
understand this latter clause; per-
haps its exact meanin is nos con-
veyed in the Englisd translation OF
the Spain text.
1t is to be further observed that
in the provisions Of the Spanish ar
ticles relating to the furnishing OF
record evidence of titles to lands in
Cuba and Porto Rico, it is st pula-
ted that the archives and records
shall be al the disposal Of the United
States with the same rights and
obligations as now attach to them
while al the disposal Of the Spa
nish Government and its said [ n
slllar authorities. This restriction
the object of which is not percei-
we'd, would seem to limit the con-
troll over archives and Official re-
cords, after Spain's relinquishment
of sovereignty, to the same power,
both kind and in extend. as was
formerly possessed by the Spanish
Government. This appears to be
inconsistent with the right Of con-
troll which every sovereign power
should possess over its archives and
Official records.
All the conditions and quail
fications above referred to are by
general reference incorporated in
the articles relating to the cession
Of Porto Rico and other islands in
hthe West Indies, and render these
articles equally inadmissible.
True Copy.
j. B MooRE.
See Protocol No. 5.