The Philippine Islands Part 49

On October 1 the _Ratification of Philippine Independence_ was proclaimed at Malolos with imposing ceremony. From 6 a.m. the Manila (Tondo) railway-station was besieged by the crowd of sightseers on their way to the insurgent capital (Malolos), which was _en fete_ and gaily decorated with flags for the triumphal entry of General Emilio Aguinaldo, who walked to the Congress House attired in a dress suit, with Don Pedro A. Paterno on his right and Don Benito Legarda on his left, followed by other representative men of the Revolutionary Party, amidst the vociferous acclamations of the people and the strains of music. After the formal proclamation was issued the function terminated with a banquet given to 200 insurgent notabilities. This day was declared by the Malolos Congress to be a public holiday in perpetuity.

By virtue of Article 3 of the Protocol of Peace the Americans were in possession of the city, bay, and harbour of Manila pending the conclusion of a treaty of peace. The terms of peace were referred to a Spanish-American Commission, which met in Paris on October 1, five commissioners and a secretary being appointed by each of the High Contracting Parties. The representatives of the United States were the Hon. William R. Day, of Ohio, ex-Secretary of State, President of the American Commission; Senator Cushman K. Davis, of Minnesota; Senator William P. Frye, of Maine; Senator George Gray, of Delaware; and the Hon. Whitelaw Reid, of New York, ex-Minister Plenipotentiary of the United States in France, a.s.sisted by the Secretary and Counsel to their Commission, Mr. John Ba.s.sett Moore, an eminent professor of international law. The Spanish Commissioners were Don Eugenio Montero Rios, Knight of the Golden Fleece, President of the Senate, ex-Cabinet Minister, etc., President of the Spanish Commission; Senator Don Buenaventura Abarzuza, ex-Amba.s.sador, ex-Minister, etc.; Don Jose de Garnica y Diaz, a lawyer; Don Wenceslao Ramirez de Villa-Urrutia, Knight of the Orders of Isabella the Catholic and of Charles III., etc., Minister Plenipotentiary to the Belgian Court; and General Don Rafael Cerero y Saenz, a.s.sisted by the Secretary to their Commission, Don Emilio de Ojeda, Minister Plenipotentiary to the Court of Morocco. The conferences were held in a suite of apartments at the Ministry of Foreign Affairs, placed at their disposal by M. Delca.s.se. Among other questions to be agreed upon and embodied in the treaty was the future of the Philippines. For Was.h.i.+ngton officials these Islands really const.i.tuted a _terra incognita_. Maj.-General Merritt and a number of other officials went to Paris to give evidence before the Commission. At their request, conveyed to me through the American Emba.s.sy, I also proceeded to Paris in October and expressed my views before the Commissioners, who examined me on the whole question. The Cuban debts and the future of the Philippines were really the knotty points in the entire debate. The Spanish Commissioners argued (1) that the single article in the Protocol relating to the Philippines did not imply a relinquishment of Spanish sovereignty over those Islands, but only a temporary occupation of the city, bay, and harbour of Manila by the Americans pending the conclusion of a treaty of peace. (2) That the attack on Manila, its capitulation, and all acts of force consequent thereon, committed _after_ the Protocol was signed, were unlawful because the Protocol stipulated an immediate cessation of hostilities; therefore the Commissioners claimed indemnity for those acts, a restoration to the _status quo ante_, and "the immediate delivery of the place (Manila) to the Spanish Government" (_vide_ Annex to Protocol No. 12 of the Paris Peace Commission conference of November 3).

The American Commissioners replied: (1) "It is the contention on the part of the United States that this article leaves to the determination of the treaty of peace the entire subject of the future government and sovereignty of the Philippines necessarily embodied in the terms used in the Protocol." (2) It is erroneous to suggest "that the ultimate demands of the United States in respect of the Philippines were embodied in the Protocol." (3) That there was no cable communication with Manila, hence the American commanders could not possibly have been informed of the terms of the Protocol on the day of its signature. The Spanish Commissioners, nevertheless, tenaciously persisting in their contention, brought matters to the verge of a resumption of hostilities when the American Commissioners presented what was practically an ultimatum, in which they claimed an absolute cession of the Islands, offering, however, to pay to Spain $20,000,000 gold, to agree, for a term of years, to admit Spanish s.h.i.+ps and merchandise into the Islands on the same terms as American s.h.i.+ps and merchandise, and to mutually waive all claims for indemnity--(_vide_ Annex to Protocol No. 15 of the Paris Peace Commission conference of November 21).

For a few days the Spaniards still held out, and to appease public feeling in the Peninsula a fleet under Admiral Camara was despatched, ostensibly to the Philippines. It was probably never intended that the fleet should go beyond Port Said, for on its arrival there it was ordered to return, the official explanation to the indignant Spanish public being that America was preparing to seize the Archipelago by force, if necessary, and send a fleet to Spanish waters under the command of Admiral Watson. Sagasta's Government had not the least intention of letting matters go so far as that, but it suited the Spanish Cabinet, already extremely unpopular, to make an appearance of resistance. Moreover, Senor Sagasta had personal motives for wis.h.i.+ng to protract the negotiations, the examination of which would lead one too far away from the present subject into Spanish politics.

At the next conference of the Commission the demands of the Americans were reluctantly conceded, and the form in which the treaty was to be drafted was finally settled. The sitting of the Commission was terminated by the reading of a strongly-worded protest by Senor Montero Rios in which the Spanish Commissioner declared that they had been compelled to yield to brute force and abuse of international law against which they vehemently protested. The secretaries of the respective Commissions were then instructed to draw up the doc.u.ment of the Treaty of Peace, which was signed at 9 p.m. on Sat.u.r.day, December 10, 1898, in the Grand Gallery of the Ministry of Foreign Affairs in Paris. The expenses of the Spanish Commission amounted to 8,400. A delay of six months was agreed upon for the ratification by the two Governments of the treaty, the text of which is given at the end of this chapter. America undertook to establish equal duties on Spanish and American goods for a period of ten years; but it subsequently transpired that this was no special boon to Spain, seeing that America declared shortly after the signing of the treaty that there would be no preferential tariff, and that merchandise of all nations could enter the Islands at the same rate of duty and on equal terms with America. The clauses of the treaty relating to the Philippines met with determined opposition in the United States, where politicians were divided into three parties advocating respectively annexation, protection, and abandonment of the Islands to the natives.

At the closing conferences of the Commission several additional clauses to the treaty were proposed by the one party and the other and rejected. Among the most singular are the following:--The Spaniards proposed that America should pay annually to the descendants of Christopher Columbus $7,400 to be charged to the treasuries of Porto Rico and Manila. The Americans proposed that Spain should concede to them the right to land telegraph-cables in the Canary Islands, or on any territory owned by Spain on the coast of Africa, or in the Peninsula, in consideration of a cash payment of one million gold dollars.

We must now go back to September to follow the thread of events which intervened from that period and during the 71 days' sitting of the Peace Commission in Paris. My old acquaintance Felipe Agoncillo was sent to Was.h.i.+ngton in September by Emilio Aguinaldo to solicit permission from the American Government to represent the rebels'

cause on the Paris Commission, or, failing this, to be allowed to state their case. The Government, however, refused to recognize him officially, so he proceeded to Paris. Having unsuccessfully endeavoured to be heard before the Commission, he drew up a protest in duplicate, handing a copy to the Spanish and another to the American Commissioners. The purport of this doc.u.ment was that whereas the Americans had supplied the Filipinos with war-material and arms to gain their independence and not to fight against Spain in the interests of America, and whereas America now insisted on claiming possession of the Archipelago, he protested, in the name of Emilio Aguinaldo, against what he considered a defraudment of his just rights. His mission led to nothing, so he returned to Was.h.i.+ngton to watch events for Aguinaldo. After the treaty was signed in Paris he was received at the White House, where an opportunity was afforded him of stating the Filipinos' views; but he did not take full advantage of it, and returned to Paris, where I met him in July, 1900, holding the position of "High Commissioner for the Philippine Republic." His policy was, then, "absolute independence, free of all foreign control." In 1904 we met again in Hong-Kong, where he was established as a lawyer.

In this interval, too, matters in Manila remained _in statu quo_ so far as the American occupation was concerned. General E. S. Otis was still in supreme command in succession to General Merritt, and reinforcements were arriving from America to strengthen the position. General Otis's able administration wrought a wonderful change in the city. The weary, forlorn look of those who had great interests at stake gradually wore off; business was as brisk as in the old times, and the Custom-house was being worked with a prompt.i.tude hitherto unknown in the Islands. There were no more sleepless nights, fearing an attack from the dreaded rebel or the volunteer. The large majority of foreign (including Spanish) and half-caste Manila merchants showed a higher appreciation of American protection than of the prospect of sovereign independence under a Philippine Republic. On the other hand, the drunken brawls of the American soldiers in the cafes, drinking-shops, and the open streets const.i.tuted a novelty in the Colony. Drinking "saloons" and bars monopolized quite a fifth of the stores in the princ.i.p.al shopping street, _La Escolta_, where such unruliness obtained, to the detriment of American prestige, that happily the Government decided to exclude those establishments altogether from that important thoroughfare, which has since entirely regained its respectable reputation. The innovation was all the more unfortunate because of the extremely bad impression it made on the natives and Spaniards, who are remarkably abstemious. It must also have been the cause of a large percentage of the sickness of the American troops (wrongly attributed to climate), for it is well known that inebriety in the Philippines is the road to death. With three distinct cla.s.ses of soldiers in Manila--the Americans, the rebels, and the Spanish prisoners--each living in suspense, awaiting events with divergent interests, there were naturally frequent disputes and collisions, sometimes of a serious nature, which needed great vigilance to suppress.

The German trading community observed that, due to the strange conduct of the commanders of the German fleet, who showed such partiality towards the Spaniards up to the capitulation of Manila, the natives treated them with marked reticence. The Germans therefore addressed a more than ample letter of apology on the subject to the newspaper _La Independencia_ (October 17).

As revolutionary steamers were again cruising in Philippine waters, all vessels formerly flying the Spanish flag were hastily placed on the American register to secure the protection of the Stars and Stripes, and ex-Consul Oscar F. Williams was deputed to attend to these and other matters connected with the s.h.i.+pping trade of the port.

It was yet theoretically possible that the Archipelago might revert to Spain; hence pending the deliberations of the Peace Commission, no movement was made on the part of the Americans to overthrow the _de facto_ Spanish Government still subsisting in the southern islands. General Fermin Jaudenes, the vanquished Commander-in-Chief of the Spanish forces in Manila (Sub-Inspector until General Augusti left), was liberated on parole in the capital until the first week of October, when the American Government allowed him to return to Spain. He left in the s.s. _Esmeralda_ for Hong-Kong on October 15. Meanwhile, a month before, the Spanish Government appointed General Diego de los Rios Gov.-General of the Philippines, with residence at Yloilo. Spaniards of all cla.s.ses were at least personally safe in Manila under American protection. All who could reach the capital did so, for Spanish sway in the provinces was practically at an end. Aguinaldo therefore directed his attention both to matters of government in Luzon and to the control of the southern islands.

Neither the Filipinos nor the Spaniards could foresee that the evacuation by the Spaniards of _all_ the Islands would be insisted upon by the American Commissioners in Paris. Moreover, it was no easy task for Aguinaldo to maintain his own personal prestige (an indispensable condition in all revolutions), carry out his own plans of government, and keep together, in inactivity, a large half-disciplined fighting force. Three weeks after the capitulation of Manila, Aguinaldo sent several small vessels to the Island of Panay, carrying Luzon rebels to effect a landing and stir up rebellion in Visayas. He was anxious to secure all the territory he could before the conditions of peace should be settled in Paris, in the hope that actual possession would influence the final issue. General Rios was therefore compelled to enter on a new campaign, a.s.sisted by the small gunboats which had remained south since hostilities commenced north in May. Spanish troops were sent to Singapore _en route_for Yloilo, and then a question arose between Madrid and Was.h.i.+ngton as to whether they could be allowed to proceed to their destination under the peace Protocol. The Tagalog rebels landed in the province of Antique (Panay Is.), and a few natives of the locality joined them. They were shortly met by the Spanish troops, and severe fighting took place in the neighbourhood of Bugason, where the rebels were ultimately routed with great loss of men and impedimenta.

The survivors fled to their vessels and landed elsewhere on the same coast. In several places on the Island the flag of rebellion had been unfurled, and General Rios' troops showed them no quarter. At the end of six weeks the rebels had been beaten in numerous encounters, without the least apparent chance of gaining their objective point--the seizure of Yloilo. In the Concepcion district (East Panay) the rebel chief Perfecto Poblado took the command, but gained no victory with his following of 4,000 men. So far, what was happening in the Islands, other than Luzon, did not officially concern the Americans.

About this time, in Manila, there was by no means that _entente cordiale_ which should have existed between the rebels and the Americans, supposing them to be real allies. In reality, it was only in the minds of the insurgents that there existed an alliance, which the Americans could not, with good grace, have frankly repudiated, seeing that General T. M. Anderson was frequently soliciting Aguinaldo's a.s.sistance and co-operation. [206] Aguinaldo was naturally uneasy about the possible prospect of a protracted struggle with the Spaniards, if the Islands should revert to them; he was none the less irritated because his repeated edicts and proclamations of independence received no recognition from the Americans. General Anderson had already stated, in his reply (July 22) to a letter from Aguinaldo, that he had no authority to recognize Aguinaldo's a.s.sumption of dictators.h.i.+p. The native swaggering soldiery, with the air of conquerors, were ever ready to rush to arms on the most trivial pretext, and became a growing menace to the peaceful inhabitants. Therefore, on October 25, Aguinaldo was again ordered to withdraw his troops still farther, to distances varying from five to eight miles off Manila, and he reluctantly complied. When this order was sent to him his forces in the neighbourhood of Manila were estimated to be as follows:--At Coloocan, 3,000 men, with two guns trained on Binondo; Santa Mesa, 380; Pasig, 400; Paco, Santa Ana, Pandacan, and Pasay, 400 to 500 each; south of Malate, 1,200, and at Santolan waterworks (on which the supply of potable water to the capital depended), 380.

In Panay Island General Rios published an edict offering considerable reforms, but the flame of rebellion was too widespread for it to have any effect. The Island of Cebu also was in revolt; the harsh measures of General Montero effected nothing to Spain's advantage, whilst that miserable system of treating suspects as proved culprits created rebels. Neither did the _Moro_ raid on the Cebuanos, referred to at p. 406, serve to break their spirit; more than half the villages defied Spanish authority, refused to pay taxes, and forced the friars to take refuge in Cebu City, which was, so far, safe. Those who were able took pa.s.sage to ports outside the Archipelago. In Leyte Island there were risings of minor importance, instigated by Tagalogs, and chiefly directed against the friars, who were everywhere obnoxious to the people. At Catbalogan (Samar Is.) an armed mob attacked the Spaniards, who fled to the house of an American. General Rios had not sufficient troops to dominate several islands covering such a large area. He was so hard pressed in Panay alone that, even if he had had ample means of transport, he could neither divide his forces nor afford to spend time in carrying them from one island to another. Towards the end of October he ran short of ammunition, but, opportunely, the Spanish mail-steamer _Buenos Aires_ brought him a supply with which he could continue the struggle. Fresh Tagalog expeditions were meanwhile sent south, and coerced or persuaded the Panay people to rise in greater force than ever, until, finally, General Rios had to fall back on Yloilo. By the middle of November practically the whole island, except the towns of Yloilo, Molo, Jaro and La Paz, was under rebel dominion. In December General Rios held only the town and port of Yloilo. He had ordered the bridge of Manduriao to be destroyed, so as to establish a dividing line between him and the rebels who were entrenched on the opposite bank of the river, neither party being willing to make a bold onslaught on the other, although frequent skirmis.h.i.+ng took place. On receipt of the news of the conclusion of the Treaty of Paris, General Rios proposed to the rebels a mutual cessation of hostilities, on the ground that no advantage could accrue to either party by a further sacrifice of blood and munitions of war, seeing that within a few days he was going to evacuate the town and embark his troops, and that, so far as he was concerned, they could then take his place without opposition. But the rebels, presumably interpreting his humane suggestion as a sign of weakness, continued to fire on the Spanish troops.

The small detachments and garrisons in Negros Island had been unable to resist the tide of revolt; the west coast of that island was over-run by the rebels under the leaders.h.i.+p of Aniceto Lacson and Juan Araneta (a much respected planter of Bago, personally known to me), and the local Spanish Governor, Don Isidro Castro, was forced to capitulate, in due written form, at Bacolod, on November 6, with his troops and all the Spanish civil and military employees. By December 1 it was evident that, although Spanish empire in Visayas had been definitely broken, there was absolute discord among the (southern) rebels themselves. They split up into rival factions, each one wanting to set up a government of its own. The American Peace Commissioners had made their formal demand for the cession of all the Islands, and it was clear to the Spanish Government that General Rios would sooner or later have to evacuate under the treaty. It was useless, therefore, to continue to shed European blood and waste treasure in those regions. In the first week of December the Madrid Government ordered General Rios to suspend hostilities and retire to Mindanao Island with his troops, pending arrangements for their return to the Peninsula. General Rios replied to this order, saying that he would make the necessary preparations. Meanwhile, on December 11, the rebels approached the fortifications around Yloilo town, and the Spaniards kept up an almost continuous fusillade. Before daybreak on December 14 the rebels, armed with bowie-knives, attacked the Spanish entrenchments in great force and drove the Spaniards back from their first to their second redoubt. The Spaniards rallied, turned their four field-pieces on the enemy, and opened a raking artillery and rifle fire which mowed down the rebels, who retired in great disorder, leaving about 500 dead and wounded. The Spaniards, who were well protected behind their stockades, had 6 dead and 17 wounded. Notwithstanding their severe repulse, the rebels again fired on the Spaniards until some female relations of their General Araneta and others went out to the rebel lines and harangued and expostulated with the leaders, and so put them to shame with their tongues that thenceforth the rebels ceased to molest the Spaniards. General Rios then took measures for evacution. On December 23, 1898, he formally handed over Yloilo to the mayor of the town in the presence of his staff, the naval commanders, and the foreign consuls, and requested the German Vice-Consul to look after Spanish interests. On the following day the Spanish troops, numbering between five and six hundred, and several civilians were embarked in perfect order, without any unfortunate incident occurring, on board the s.s. _Isla de Luzon,_ which sailed for Zamboanga, the rallying-place of the Spaniards, whilst some small steamers went to other places to bring the officials to the same centre.

Before leaving Yloilo, after many tedious delays respecting the conditions, an exchange of prisoners was effected with the rebels, who at the outset were inclined to be unduly exacting.

The rebels at once took possession of Yloilo, but a controlling American force arrived in the roadstead on December 27, under the command of General Miller, and was afterwards reinforced up to a total strength of about 3,000 troops.

The Caroline Islands (which were not ceded under the Treaty of Paris) were provisioned for three months, and the Spanish troops in Cebu Island and Yligan (Mindanao Is.) had been already ordered to concentrate and prepare for embarkation on the same day for Zamboanga (Mindanao Is.), where the bulk of them remained until they could be brought back to Spain on the terms of the treaty of peace. In a few days General Rios left Zamboanga in the s.s. _Leon XIII._ for Manila, and remained there until June 3, 1899, to endeavour to negotiate the liberation of the Spanish prisoners detained by Aguinaldo. They were kept under guard in the mountain districts, far away from the capital, in groups miles distant from each other. No one outside the rebel camp could ever ascertain the exact number of prisoners, which was kept secret. The strenuous efforts made by the Spaniards to secure their release are fully referred to in Chap. xxvi.

During this period of evacuation the natives in Balabac Island a.s.sa.s.sinated all the male Europeans resident there, the Spanish Governor, a lieutenant, and a doctor being among the victims. The European women were held in captivity for awhile, notwithstanding the peaceful endeavours to obtain their release, supported by the Datto Harun Narrasid, Sultan of Paragua and ex-Sultan of Sulu (_vide_ p. 142). The place was then attacked by an armed force, without result, but eventually the natives allowed the women to be taken away.

Some of the Spanish soldiers and the civil servants concentrated in Zamboanga were carried direct to the Peninsula, _via_ the Straits of Balabac, in the steamers _Buenos Aires, Isla de Luzon_, and _Cachemir_, and from Manila many of them returned to their country in the s.s. _Leon XIII_. In conformity with the Treaty of Paris (Art. 5), little by little all the Spanish troops, temporarily prisoners of the United States in Manila, were repatriated.

The Philippine Republican Congress at Malolos had now (December 26, 1898) adjourned in great confusion. The deputies could not agree upon the terms of a Republican Const.i.tution. They were already divided into two distinct parties, the Pacificos and the Irreconcilables. The latter were headed by a certain Apolinario Mabini (_vide_ p. 546), a lawyer hitherto unknown, and a notorious opponent of Aguinaldo until he decided to take the field against the Americans. The Cabinet having resigned, Aguinaldo prudently left Malolos on a visit to Pedro A. Paterno, at Santa Ana, on the Pasig River.

At the end of the year 1898, after 327 years of sovereignty, all that remained to Spain of her once splendid Far Eastern colonial possessions were the Caroline, the Pelew, and the Ladrone Islands (_vide_ p. 39), minus the Island of Guam. Under the treaty of peace, signed in Paris, the Americans became nominal owners of the evacuated territories, but they were only in real possession, by force of arms, of Cavite and Manila. The rest of the Archipelago, excepting Mindanao and the Sulu Sultanate, was virtually and forcibly held by the natives in revolt. At the close of 1898 the Americans and the rebels had become rival parties, and the differences between them foreboded either frightful bloodshed or the humiliation of the one or the other.

Treaty of Peace

concluded between the United States of America and Spain, signed in Paris on December 10, 1898, and ratified in Was.h.i.+ngton on February 6, 1899. The original doc.u.ments (in duplicate) are drawn up in Spanish and in English respectively.

_The English Text_} [207]

_Article_ 1.--Spain relinquishes all claim of sovereignty over and t.i.tle to Cuba. And as the Island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, a.s.sume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

_Article_ 2.--Spain cedes to the United States the Island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the Island of Guam in the Marianas or Ladrones.

_Article_ 3.--Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: A line running from W. to E. along or near the 20th parallel of N. lat.i.tude, and through the middle of the navigable channel of Bachi, from the 118th to the 127th degree meridian of longitude E. of Greenwich, thence along the 127th degree meridian of longitude E. of Greenwich to the parallel of 4 45' N. lat.i.tude, thence along the parallel of 4 45' N. lat.i.tude to its intersection with the meridian of longitude 119 35' E. of Greenwich, thence along the meridian of longitude 119 35' E. of Greenwich to the parallel of lat.i.tude 7 40' N., thence along the parallel of lat.i.tude of 7 40' N. to its intersection with the 116th degree meridian of longitude E. of Greenwich, thence by a direct line to the intersection of the 10th degree parallel of N. lat.i.tude with the 118th degree meridian of longitude E. of Greenwich, and thence along the 118th degree meridian of longitude E. of Greenwich to the point of beginning.

The United States will pay to Spain the sum of $.20,000,000 within three months after the exchange of the ratifications of the present treaty.

_Article_ 4.--The United States will, for the term of 10 years from the date of the exchange of the ratifications of the present treaty, admit Spanish s.h.i.+ps and merchandise to the ports of the Philippine Islands on the same terms as s.h.i.+ps and merchandise of the United States.

_Article_ 5.--The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.

Spain will, upon the exchange of the ratification of the present treaty, proceed to evacuate the Philippines, as well as the Island of Guam, on terms similiar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.

The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two Governments. Stands of colours, uncaptured war-vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, live-stock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordnance, exclusive of field artillery, in the fortifications and coast defences, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from Spain, if a satisfactory agreement between the two Governments on the subject shall be reached.

_Article_ 6.--Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences in connection with the insurrections in Cuba and the Philippines and the war with the United States.

Reciprocally, the United States will release 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, prisoners released or caused to be released by them, respectively, under this article.

_Article_ 7.--The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, of either Government, 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 exchange of ratifications of the present treaty, including all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims of its citizens against Spain relinquished in this article.

_Article_ 8.--In conformity with the provisions of Articles 1, 2 and 3 of this treaty, Spain relinquishes in 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, barracks, 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 relinquishment 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, munic.i.p.alities, public or private establishments, ecclesiastical or civic bodies, or any other a.s.sociations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or cession, as the case may be, includes all doc.u.ments exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any doc.u.ment in such archives only in part relates to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favour of Spain in respect of doc.u.ments in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to the said islands or the rights and property of their inhabitants. Such archives and records 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 notarial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.

_Article_ 9.--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 territory, 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 industry, 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 preserve their allegiance to the Crown of Spain by making before a court of record, within a year from the date of the exchange of ratifications 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 determined by the Congress.

_Article_ 10.--The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

_Article_ 11.--The Spaniards residing in the territories over which Spain by this treaty cedes or relinquishes 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 ordinary 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 belong.

_Article_ 12.--Judicial proceedings pending at the time of the exchange of ratifications of this treaty in the territories over which Spain relinquishes or cedes her sovereignty shall be determined according to the following rules: (1) Judgements 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 authority in the territory within which such judgements shall be carried out: (2) Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgement before the court in which they may then be pending or in the court that may be subst.i.tuted therefor: (3) 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 final judgement; but, such judgement having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.