city of Manila, pending the conclusion of a treaty of peace, can not be that of conquest, since in spite of the blockade maintained on sea by the American fleet, in spite of the siege established on land by a native supported and provided for by the American admiral, Manila still holds its own, and the Spanish standard still waves over the city. On the other hand, the whole archipelago of the Philippines is in the power and under the sovereignty of Spain. Therefore the Government of Spain thinks that the temporary occupation of Manila should constitute a guaranty. It is stated that the treaty of peace shall determine the control, disposition, and government of the Philippines; but as the intentions of the Federal Government by regression remain veiled, therefore the Spanish Government must declare that, while accepting the third condition, they do not a priori renounce the sovereignty of Spain over the archipelago, leaving it to the negotiators to agree as to such reforms which the condition of these possessions and the level of culture of their natives may render desirable.

The Government of Her Majesty accepts the third condition, with the above mentioned declarations.

Such are the statements and observations which the Spanish Government has the honor to submit in reply to your excellency's communication. They accept the proffered terms, subject to the approval of the Cortes of the Kingdom, as required by their constitutional duties.

The agreement between the two Governments implies the irremeable suspension of hostilities and the designation of commissioners for the purpose of set

tling the details of the treaty of peace and of signing it, under the terms above indicated.

I avail myself of this occasion to offer to your excellency the assurances of my highest consideration. ALMODOVAR DEL RIO.

EXCELLENCY:

DEPARTMENT OF STATE, WASHINGTON, August 10, 1898.

Although it is your understanding that the note of the Duke of Almodovar, which you left with the President on yesterday afternoon, is intended to convey an acceptance by the Spanish Government of the terms set forth in my note of the 30th ultimo as the basis on which the President would appoint commissioners to negotiate and conclude with commissioners on the part of Spain a treaty of peace, I understand that we concur in the opinion that the Duke's note, doubtless owing to the various transformations which it has undergone in the course of its circuitous transmission by telegraph and in cipher, is not, in the form in which it has reached the hands of the President, entirely explicit.

Under these circumstances it is thought that the most direct and certain way of avoiding misunderstanding is to embody in a protocol, to be signed by us as the representatives, respectively, of the United States and Spain, the terms on which the negotiations for peace are to be undertaken.

I therefore inclose herewith a draft of such a proto

col, in which you will find that I have embodied the precise terms tendered to Spain in my note of the 30th ultimo, together with appropriate stipulations for the appointment of commissioners to arrange the details of the immediate evacuation of Cuba, Porto Rico, and other islands under Spanish sovereignty in the West Indies, as well as for the appointment of commissioners to treat of peace.

Accept, excellency, the renewed assurances of my highest consideration.

WILLIAM R. DAY.

His Excellency M. JULES CAMBON, etc.

PROTOCOL.

William R. Day, Secretary of State of the United States, and His Excellency Jules Cambon, ambassador extraordinary and plenipotentiary of the Republic of France at Washington, respectively possessing for this purpose full authority from the Government of the United States and the Government of Spain, have concluded and signed the following articles, embodying the terms on which the two Governments have agreed in respect to the matters hereinafter set felt taviz in view the establishment of peace between the two countries, that is to say:

ARTICLE 1. Spain will relinquish all claim of sovereignty over or title to Cuba.

ARTICLE 2. Spain will cede to the United States the island of Porto Rico and other islands now under Span

ish sovereignty in the West Indies, and also an island in the Ladrones, to be selected by the United States.

ARTICLE 3. The United States will occupy and hold the city, bay, and harbor of Manila pending the conclusion of a treaty of peace which shall determine the control, disposition, and government of the Philippines.

ARTICLE 4. Spain will immediately evacuate Cuba, Porto Rico, and other islands under Spanish sovereignty in the West Indies; and to this end each Government will, within ten days after the signing of this protocol, appoint commissioners, and the commissioners so appointed shall, within thirty days after the signing of this protocol, meet at Havana for the purpose of arranging and carrying out the details of the aforesaid evacuation of Cuba and the adjacent Spanish islands; and each Government will, within ten days after the signing of this protocol, also appoint other commissioners, who shall, within thirty days after the signing of this protocol, meet at San Juan, in Porto Rico, for the purpose of arranging and carrying out the details of the aforesaid evacuation of Porto Rico and other islands under Spanish sovereignty in the West Indies.

ARTICLE 5. The United States and Spain will each appoint not more than five commissioners to treat of peace, and the commissioners so appointed shall meet at Paris not later than October 1, 1898, and proceed to the negotiation and conclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutional forms of the two countries.

ARTICLE 6. Upon the conclusion and signing of this protocol hostilities between the two countries shall be

suspended, and notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces.

[Signed at Washington, August 12, 1898.]

EXCELLENCY:

DEPARTMENT OF STATE, WASHINGTON, August 10, 1898

I have the honor to say, as I assured you orally this morning, that upon the suspension of hostilities between the United States and Spain, as the result of the signing and sealing of the protocol upon the terms of which we have agreed, it is the purpose of this Government to take prompt and efficient means to aid the introduction of food supplies into the ports of Cuba.

Accept, excellency, the renewed assurances of my highest consideration.

WILLIAM R. DAY.

His Excellency Mr. JULES CAMBON, etc.

WILLIAM R. DAY,

Secretary of State:

You are hereby authorized to sign, on the part of the United States, the protocol of this date embodying the terms on which the United States and Spain have agreed to treat of peace.

EXECUTIVE MANSION,

WILLIAM MCKINLEY.

WASHINGTON, August 12, 1898.