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 herein 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 gov erning 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.

CIVIL, POLITICAL
AND JUDICIAL
CONDITIONS.

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. Judgments rendered either in civil suits between private indi viduals 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 authorities 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 judgment before the court in which they may then be pending, or in the court that may be substituted therefor.

3. Criminal actions pending on the date mentioned before the su preme court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its 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 13. The rights of property secured by copyrights and pat ents acquired by Spaniards in the Island of Cuba and Puerto Rico, the Philippines and other ceded territories at the time of the exchange of the ratifications of this treaty shall continue to be respected. 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 ratifications of this treaty.

Article 14. 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 15. The government of each country will, for the term of ten years, accord to the merchant vessels of the other country the same treatment in respect of 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 terminated on six months' notice given by either government to the other.

TRADE AND COMMERCIAL STIPULATIONS.

Article 16. It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof, but it will, upon the termination of such occupancy, advise any government established in the island to assume the same obligations.

Article 17. The present treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen of Spain, and the ratification shall be exchanged at Washington within six months from the date thereof, or earlier, if possible.

In faith whereof, we, the respective plenipotentiaries, 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 one thousand eight hundred and ninety-eight.

WILLIAM R. DAY.

CUSHMAN K. DAVIS.

WILLIAM P. FRYE.

GEORGE GRAY.

WHITELAW REID.

EUGENIO MONTERO RIOS.

B. DE ABARZUZA.

J. DE GARNICA.

W. R. DE VILLA URRUTIA.

RAFAEL CERRERO.

In the annual message of President McKinley, submitted to Congress at the opening of the session in December, 1898, he recapitulates the losses to American arms during the war. The total casualties of the army was as follows: Officers killed, 23; enlisted men killed, 257; total, 280. Officers wounded, 113; enlisted men wounded, 1,464; total, 1,577. Of the navy: Killed, 17; wounded, 67; died as a result of wounds, 1; invalided from service, 6; total, 91. In the entire campaign by land and sea, we did not lose a gun, or a flag, or a transport, or a ship except the Merrimac, sunk by our own choice and by our own men; and with the exception of the crew of the Merrimac, not a soldier or a sailor was taken prisoner.

The foregoing statement of casualties makes no mention of deaths resulting from sickness in the army, a matter on which the statistics never can be complete until ample time has elapsed to trace the health conditions of the men who have come home from the war. It is possible to say here only that the deaths in Cuba from typhoid, yellow fever and malarial fevers reached a very large number in the army, and that in Puerto Rico typhoid and malarial fevers claimed many victims. Hundreds of others underwent illness which did not BLAME FOR THE end in death, but left the men weakened in constitu tion. The preparations made by the War Department authorities for medical and surgical attendance in the hospitals and for feeding the army were so shockingly inadequate and inefficient that the country justly holds that service to blame for the enormous amount of unnecessary and superfluous suffering.

SUFFERING OF

THE ARMY.

Early in the fall a commission of inquiry was appointed by the President, in response to the national clamor that an investigation be made as to the management of the war. There was a universal feeling that the responsibility for the culpable mismanagement of many essentials should be fixed, and the guilty punished. The commission traveled all about the country, holding sessions and hearing testimony. For some reason it failed to establish itself very firmly in the public confidence, and the feeling existed that a congressional investigation would be required before satisfactory judgment would be pronounced on General Shafter's management of the Santiago campaign. The Presidential commission left an impression wherever it traveled that

it was made up of attorneys for the defense instead of those taking a judicial position and seeking for the truth, let it blame whom it might.

When finally the commission made its report, it was found that mild rebukes were distributed right and left with considerable freedom, but that the blame was not centered in such a way that any punishment could be visited upon the guilty. It is sufficient to say here that popular judgment did not agree with the commissioners as to the culpability for the unnecessary suffering that had been undergone by our army and that the opinions of most people were very well defined.

SPANISH SOVER

As the end of the year drew nigh and the time of transfer from Spanish to American rule in Cuba approached, conditions in Havana became more and more unsettled. Several American men-of-war were ordered to the city in order that their marines and jack-tars would be on hand to preserve peace in the event of an eruption between the departing Spanish soldiers and the exultant Cubans. Finally, however, on the 1st day of January, 1899, the Spanish yoke was lifted from Cuba and the Americans assumed full control. Havana was the scene of the most significant events of the transfer of sovereignty. In the thunder of a hundred guns the red and gold standard of Spain dropped from the flagstaff at noon and Captain-General Castellanos, the last viceroy of Cuba, surrendered the island and all it contained to General Wade and General Butler of the American evacuation commission. Cuba was freed from the Spanish yoke.

EIGNTY IN CUBA ENDED.

CHAPTER XXXVIII.

REMINISCENCES OF THE CUBAN WAR.

Value of Personal Reminiscences of the War-A Soldier's Diary of the Campaign Before Santiago-Disembarkation at Baiquiri-Rainy Weather in Camp-A Day of Awful Fighting-The Surrender of the Spanish-A Guard in the Yellow Fever Camp-Arrival of American Troops at Havana-In Camp Near the Cuban Metropolis-Christmas Festivities-A Journey from Havana to

A

Cienfuegos.

S A preliminary to a series of personal impressions and recollections of the soldiers and sailors who served in the Cuban campaign, it is necessary to say that one thing must be remembered always in reading such wherever they are printed. Though invariably interesting, they are not always accurate. This comes from no fault of the men who tell the stories, but from the peculiarity of the conditions. The soldier serving where his regiment is stationed, or the sailor on a single ship, has but a limited point of view. What he tells of the progress of a battle may be perfectly correct as far as it applies to an incident passing under his own notice, but utterly misleading in relation to a general engagement. His perspective is at fault.

Again the same man's judgment on personal characteristics of natives, or their manners of life and their merits as soldiers, may be based on exceedingly limited opportunity for observation. These facts do not impair the entertaining interest of such recollections, but they are to be kept in mind when one is seeking for definite sources of information on actual conditions in foreign lands.

The selection of personal reminiscences which follows has been made from letters and newspaper interviews in order to give an idea of the service afloat and ashore in the Cuban campaign as judged by the men who did the work of destroying Spanish power in the island.