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11. Okt. 1898.

Nr. 11969. transfer it at the proper time to the Cuban people." || 2. That this transfer Vereinigte shall be made upon the conditions to be established in the treaty between the und Spanien. United States and Spain. || 3. That the United States shall engage itself to Spain for the performance of these conditions. || In place of the unconditional relinquishment agreed to in the Protocol, it is proposed that the relinquishment now offered shall embrace all charges of every kind which Spain and her authorities in Cuba have lawfully contracted heretofore, and may hereafter contract, prior to the ratification of the treaty of peace; and these "charges and obligations," past, present, and future, which it is proposed to "transfer” to the United States, are declared to include debts, civil and ecclesiastical salaries, and civil and military pensions, ostensibly in arrears, as well as yet to accrue. To the American Commissioners this appears to be not a proposition to "relinquish all claim of sovereignty over and title to Cuba", but in substance a proposition to "transfer" to the United States and in turn to Cuba a mass of Spanish charges and obligations. || It is difficult to perceive by what logic an indebtedness contracted for any purpose can be deemed part of the sovereignty of Spain over the Island of Cuba. In the article proposed it is attempted to yoke with the transfer of sovereignty an obligation to assume an indebtedness arising out of the relation of Spain to Cuba. The unconditional relinquishment of sovereignty by Spain stipulated for in the Protocol is to be changed into an engagement by the United States to accept the sovereignty burdened with a large mass of outstanding indebtedness. || It is proper to say that if during the negotiations resulting in the conclusion of the Protocol Spain had proposed to add to it stipulations in regard to Cuba such as those now put forward, the proposal, unless abandoned, would have terminated the negotiations. || The American Commissioners, therefore, speaking for their Government, must decline to accept the burden which it is now proposed shall be gratuitously 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 relinquishment and transfer of sovereignty. In one respect this exception appears to be unnecessary, and in another illogical. So far as it affects the question of legal title is unnecessary, since such title, if not held by Spain, would not pass to the United States by Spain's transfer of sovereignty. On the other hand, so far as it affects the question of sovereignty, it is illogical, since the sovereignty, which includes the right of eminent domain, would, if excepted from the relinquishment, remain with Spain. We would thus have the singular spectacle of Spain relinquishing her sovereignty over property belonging to the Crown, but retaining it over all other property. || Thus again we should witness the utter defeat of the explicit engagement in the Protocol that Spain would „relinquish all claim of sovereignty over and title to Cuba." In the articles presented by the American Commissioners there were stipulations in relation to archives and official records, which stipulations were

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11. Okt. 1898.

intended to secure, and, as the American Commissioners believe, would effec- Nr. 11969. tually secure, the object of preserving and of furnishing to those in interest Vereinigte evidence of title to property in the islands in question. || In the articles sub- und Spanien. mitted by the Spanish Commissioners, it is provided that documents and papers relating to sovereignty to be found in the archives of the Peninsula shall be furnished to the United States; also "copies of such portions of other documents and papers relating to other subjects foreign to the Island of Cuba and the sovereignty aforesaid as may exist in the said archives." || It is difficult for the Americans to understand this latter clause; perhaps its exact meaning is not conveyed in the English translation of the Spanish text. || It is to be further observed that in the provisions of the Spanish articles relating to the furnishing of record evidence of titles to lands in Cuba and Porto Rico, it is stipulated that the archives and records shall be at the disposal of the United States "with the same rights and obligations as now attach to them while at the disposal of the Spanish Government and its said (insular) authorities." This restriction, the object of which is not perceived, would seem to limit the control over archives and official records, after Spain's relinquishment of sovereignty, to the same power, both in kind and in extent, as was formerly possessed by the Spanish Government. This appears to be inconsistent with the right of control which every sovereign power should possess over its archives and official records. || All the conditions and qualifications above referred to are by general reference incorporated in the articles relating to the cession of Porto Rico and other islands in the West Indies, and render these articles equally inadmissible.

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Nr. 11970. Vereinigte

The American Commissioners presented a reply to the memorandum submitted by the Spanish Commissioners at the last session on the relinquishment Staaten of sovereignty over Cuba and the transfer of debts. The paper was read, 14. Okt. 1898. and Spanien. and a copy of it is hereto annexed. || The Spanish Commissioners, referring to the paper in which the American Commissioners rejected at the conference of the 11th instant the articles presented by the Spanish Commissioners at the conference of the 7th, on the subject of Cuba and Porto-Rico, called attention to the following sentence: "To the American Commissioners this appears to be not a proposition to 'relinquish all claim of sovereignty over and title to Cuba,' but in substance a proposition to 'transfer' to the United States and in turn to Cuba a mass of Spanish charges and obligations." || The Spanish Commissioners desired a modification of this sentence on the ground that it might be thought to imply that they were not acting in good faith.

Staatsarchiv LXIII.

2

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Nr. 11970. The American Commissioners stated that in their opinion the sentence did Vereinigte not convey such an imputation, but, out of deference to the Spanish Comund Spanien. missioners, they altered it so as to read as follows: "To the American Com14. Okt. 1898. missioners this appears to be not a proposition to 'relinquish all claim of sovereignty over and title to Cuba,' but in effect a proposition to 'transfer' to the United States and in turn to Cuba a mass of charges and obligations which, in the opinion of the American Commissioners, properly belong to Spain." This matter having been disposed of, the Spanish Commissioners stated that, before proceeding with the discussion of the questions under consideration, they desired it to be understood that, if certain articles should be agreed to, but in the end no treaty should be signed, the articles so agreed to should not in such case be taken as expressing either Government's estimation of its just rights in respect of the subjects to which the articles related. The American Commissioners concurred in this view. || The Joint Commission then proceded to the oral discussion of the points discussed in the Spanish memorandum of October 11 and the American reply of to-day. After the discussion of the first point, the question whether the sovereignty over Cuba should be relinquished to the United States was exhausted, without any agreement having been reached upon it, the American Commissioners proposed to take up the second point, the question whether charges and obligations constituted a part of the sovereignty and as such passed with it. || The Spanish Commissioners suggested that if no agreement could be reached on the first point, it seemed to be needless to discuss the second. The American Commissioners, concurring in this view, proposed that, owing to the lateness of the hour, the conference be adjourned to continue the discussion of the first point at the next session, which should be held on Monday, the 17th of October, at two o'clock, p. m. || The Spanish Commissioners agreeing, the conference was adjourned accordingly.

Nr. 11971.

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Nr. 11971. VEREINIGTE STAATEN und SPANIEN. 6. Sitzung.
Verstärkung der amerikanischen
Manila. Cuba.

Garnison

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17. Oktober 1898.

The President of the Spanish Commissioners stated that, without making Vereinigte any formal protest, he desired to bring to the attention of the American und Spanien. Commissioners the fact that he had received from his Government a telegram 7.Okt. 1898. referring to reports to the effect that two American men-of-war were about

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to leave American ports with reenforcements of troops for the garrison at Manila, and that Spanish prisoners in the possession of the Tagalos are illtreated. He would not read the telegram, but as such reports tended to excite the public mind and embarrass the efforts to establish peace and concord

17. Okt. 1898.

between the two nations, he hoped that the American Commissioners would Nr. 11971. Vereinigte bring the matter to the knowledge of their Government. || The President of the Staaten American Commission replied that the American Commissioners possessed neither und Spanien. information nor instructions such as would enable them to deal with the subject, which properly belonged to the two Governments, but that, prompted by motives similar to those avowed by the President of the Spanish Commission, they would communicate to their Government the fact that the reports in question had been brought to their attention. The discussion of the business before the Joint Commission having been resumed, the Spanish Commissioners stated that although the articles presented by them were not couched in the same words as the Protocol of August 12, 1898, and the propositions in the notes preceding its conclusion, the sense was in their opinion, the same Still, they were ready to withdraw their articles, and to substitute for them articles more nearly in conformity with the language of the Protocol. || The American Commissioners, in reponse to this statement, presented a paper, copy of which is hereto annexed, in which, while recognizing the fact that the Government of the United States assumed all responsibilities for protection of life and property that legally attach to it during the occupation of Cuba, they finally declined to assume the burden of the so-called Cuban debt, either for the United States or for Cuba, and offered as a substitute for the articles previously presented by them the precise stipulations of Articles I and II of the Protocol, as to Cuba, Porto Rico, and other islands in the West Indies, and the islands to be ceded in the Ladrones. || The Spanish Commissioners stated that they reserved the right to examine this proposal and to present another draft of articles which should conform to the Protocol.

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Vereinigte

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und Spanien. 21. Okt. 1898.

The American Commissioners stated that they had telegraphed to their Nr. 11972. Government the representations made to them by the Spanish Commissioners at the last session, as to the reports of the sending of two American menof-war with reinforcements for the garrison at Manila and of the ill treatment of Spanish prisoners by the Tagalos, but that they had as yet received no reply, probably because of the absence of the President from Washington. The Spanish Commissioners expressed their thanks for the action of the American Commissioners. || The Spanish Commissioners stated that they regretted to reject the proposals presented by the American Commissioners at the last session, and that they therefore presented certain articles as a substitute for the articles previously submitted by them in relation to Cuba and Porto Rico.

Nr. 11972.

Vereinigte

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und Spanien.

21. Okt. 1898.

Anlage.

Neue Spanische Vorschläge über Cuba und Portorico.

Article I.

Her Catholic Majesty, the Queen Regent of Spain, in the name of her August Son Don Alfonzo XIII, King of Spain, thereunto constitutionally authorized by the Cortes of the Kingdom, relinquishes her sovereignty over and title to Cuba. || The United States of America, accepting said relinquishment, receive the Island of Cuba from Spain to lend it aid and guidance and hold it under their control and government until the pacification thereof realized, they leave said control and government to the Cuban people.

Article II.

The relinquishment and transfer made by Her Catholic Majesty and accepted by the United States of America embrace: || 1. All prerogatives, attributes and rights appertaining to Her Catholic Majesty as part of her sovereignty over the Island of Cuba and its inhabitants. || 2. All pecuniary charges and obligations outstanding upon to the ratification of this treaty of peace which, after a minute examination into their origin, purpose, and the conditions of their creation, should be held, pursuant to strict law and undeniable equity, to be distinct from such as are properly and peculiarly chargeable to the treasury of the Peninsula, and to have been always properly and peculiarly Cuban. To make the strike examination provided for in the foregoing paragraph, the two High Contracting Parties shall name a Commission of competent and impartial persons in the manner to be determined in the proper article of this treaty.

Article III.

In obedience to the stipulations of the two preceding articles, Her Catholic Majesty, in the representative character with which she concludes this treaty, relinquishes and transfers to the United States all the buildings, wharves, barracks, forts, establishments, public high-ways and other immovable property which in conformity with law are of the public domain, and which being of the public domain belong to the Crown of Spain in the Island of Cuba. Therefore there are excepted from this relinquishment and transfer all rights and property of whatsoever kind which up to the ratification of this treaty may have been peacefully enjoyed as owners by the provinces, municipalities, public or private establishments, ecclesiastical or civil bodies and any other associations having legal capacity to acquire and possess property in the Island of Cuba, and private individuals, whatever may be their nationality. Her Catholic Majesty also relinquishes and transfers to the United States, to which they shall be delivered by the Spanish Government, all documents and titles exclusively referring to the sovereignty transferred and accepted, and to all its rights, which may exist in the archives of the Penin

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