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 Supreme Court of Spain against citi zens 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 XIII. The rights of property secured by copyrights and patents acquired by Spaniards in the Island of Cuba, and in Porto 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 of 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 XIV. Spain shall have the power to establish consular officers in the ports and places of the territories, the sovereignty over which has been either relinquished or ceded by the present treaty ARTICLE XV. 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 nada no hayan sido juzgados, con. tinuarán su tramitación ante el Tribunal en que se halle el proceso, ó ante aquel que lo sustituya. 3. Las acciones en materia criminal pendientes en la fecha mencionada ante el Tribunal Supremo de España contra ciudadanos del territorio que según este tratado deja de ser español, continuarán bajo su jurisdicción hasta que recaiga la sentencia definitiva; pero una vez dictada esa sentencia, su ejecución será encomendada á la Autoridad competente del lugar en que la acción se suscitó. ARTÍCULO XIII. Continuarán respetándose los derechos de propiedad literaria, artistica é industrial, adquiridos por españoles en las Islas de Cuba y en las de Puerto Rico, Filipinas y demás territorios cedidos, al hacerse el canje de las ratificaciones de este tratado. Las obras españolas cientificas, literarias y artísticas, que no sean peligrosas para el orden público en dichos territorios, continuarán entrando en los mismos, con franquicia de todo derecho de aduana por un plazo de diez años á contar desde el canje de ratificaciones de este tratado. ARTÍCULO XIV. España podrá establecer Agentes Consulares en los puertos y plazas de los territorios cuya renuncia y cesión es objeto de este tratado. ARTÍCULO XV. El Gobierno de cada país concederá, por el término de diez años, á los buques mercantes del otro el mismo trato en cuanto á todos los derechos de puerto, incluyendo los de entrada y salida, de faro y tonelaje, que concede á sus propios 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. ARTICLE XVI. 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 XVII The present treaty shall be rati fied by the President of the United States, by and with the advice and consent of the Senate thereof, and by Her Majesty the Queen Regent of Spain; and the ratifications shall be exchanged at Washington within six months from the date hereof, 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 tenth day of December, in the year of Our Lord one thousand eight hundred and ninety eight. SEAL] WILLIAM R. Day CUSHMAN K. DAVIS WILLIAM P. FRYE SEAL SEAL DAY WHITELAW REID. buques mercantes no empleados en el comercio de cabotaje. Este artículo puede ser denunciado en cualquier tiempo dando noticia previa de ello cualquiera de los dos Gobiernos al otro con seis meses de anticipación. ARTÍCULO XVI. Queda entendido que cualquiera obligación aceptada en este tratado por los Estados Unidos con respecto á Cuba, está limitada al tiempo que dure su ocupación en esta isla, pero al terminar dicha ocupación, aconsejarán al Gobierno que se establezca en la isla que acepte las mismas obligaciones. ARTÍCULO XVII. El presente tratado será ratificado por el Presidente de los Estados Unidos, de acuerdo y con la aprobación del Senado, y por Su Majestad la Reina Regente de España; y las ratificaciones se canjearán en Washington dentro del plazo de seis meses desde esta fecha, ó antes si posible fuese. En fé de lo cual, los respectivos Plenipotenciarios firman y sellan este tratado. Hecho por duplicado in Paris á diez de Diciembre del año mil ochocientos noventa y ocho: SEAL EUGENIO MONTERO Ríos SEAL W R DE VILLA URRUTIA PEACE PROTOCOL OF AUGUST 12, 1898, AND CORRESPONDENCE. MESSAGE OF THE GOVERNMENT OF H. M. THE QUEEN REGENT OF SPAIN, SUBMITTED BY H. EXC. MR. J. CAMBON, AMBASSADOR OF THE FRENCH REPUBLIC, TO WILLIAM MCKINLEY, PRESIDENT OF THE UNITED STATES OF AMERICA. Mr. PRESIDENT: MADRID, July 22, 1898. Since three months the American people and the Spanish nation are at war because Spain did not consent to grant independence to Cuba and to withdraw her troops therefrom. Spain faced with resignation such uneven strife, and only endeavored to defend her possessions with no other hope than to oppose, in the measure of her strength, the undertaking of the United States, and to protect her honor. Neither the trials which adversity has made us endure nor the realization that but faint hope is left us could deter us from struggling till the exhaustion of our very last resources. This stout purpose, however, does not blind us, and we are fully aware of the responsibilities which would weigh upon both nations in the eyes of the civilized world were this war to be continued. This war not only inflicts upon the two peoples who wage it the hardships inseparable from all armed conflict, but also dooms to useless suffering and unjust sacrifices the inhabitants of a territory to which Spain is bound by secular ties that can be forgotten by no nation either of the old or of the new world. To end calamities already so great and to avert evils still greater, our countries might mutually endeavor to find upon which conditions the present struggle could be terminated otherwise than by force of arms. Spain believes this understanding possible, and hopes that this view is also harbored by the Government of the United States. All true friends of both nations share no doubt the same hope. Spain wishes to show again that in this war, as well as in the one she carried on against the Cuban insurgents, she had but one object: the vindication of her prestige, her honor, her name. During the war of insurrection it was her desire to spare the great island from the dangers of premature independence; in the present war she has been actuated by sentiments inspired rather by ties of blood than by her interests and by the rights belonging to her as mother country. Spain is prepared to spare Cuba from the continuation of the horrors of war if the United States are, on their part, likewise disposed. The President of the United States and the American people may now learn from this message the true thought, desire, and intention of the Spanish nation. And so do we wish to learn from the President of the United States upon which basis might be established a political status in Cuba and might be terminated a strife which would continue without reason should both Governments agree upon the means of pacifying the island. In the name of the Government of H. M. the Queen Regent I have the honor to address this message to your excellency, with the expres sion of my highest consideration. DUC D'ALMODOVAR DEL RIO, EXCELLENCY: DEPARTMENT OF STATE, The President received on the afternoon of Tuesday, the 26th instant, from the hand of his excellency the ambassador of France, representing for this purpose the Government of Spain, the message signed by your excellency as minister of state in behalf of the Government of Her Majesty the Queen Regent of Spain, and dated the 22d instant, as to the possibility of terminating the war now existing between the United States and Spain. The President received with satisfaction the suggestion that the two countries might mutually endeavor to ascertain the conditions on which the pending struggle may be brought to an end, as well as the expres sion of Spain's belief that an understanding on the subject is possible. During the protracted negotiations that preceded the outbreak of hostilities the President earnestly labored to avert a conflict, in the hope that Spain, in consideration of her own interests, as well as those of the Spanish Antilles and the United States, would find a way of removing the conditions which had, for half a century, constantly disturbed the peace of the Western Hemisphere and on numerous occasions brought the two nations to the verge of war. The President witnessed with profound disappointment the frustration of his peaceful efforts by events which forced upon the people of the United States the unalterable conviction that nothing short of the relinquishment by Spain of a claim of sovereignty over Cuba which she was unable to enforce would relieve a situation that had become unendurable. For years the Government of the United States, out of regard for the susceptibilities of Spain, had by the exercise of its power and the expenditure of its treasure preserved the obligations of neutrality. But a point was at length reached at which, as Spain had often been forewarned, this attitude could no longer be maintained. The spectacle at our very doors of a fertile territory wasted by fire and sword, and given over to desolation and famine, was one to which our people could not be indifferent. Yielding, therefore, to the demands of humanity, they determined to remove the causes in the effects of which they had become so deeply involved. To this end the President, with the authority of Congress, presented to Spain a demand for the withdrawal of her land and naval forces T P−18 from Cuba, in order that the people of the island might be enabled to form a government of their own. To this demand Spain replied by severing diplomatic relations with the United States, and by declaring that she considered the action of this Government as creating a state of war between the two countries. The President could not but feel sincere regret that the local ques tion as to the peace and good government of Cuba should thus have been transformed and enlarged into a general conflict of arms between two great peoples. Nevertheless, having accepted the issue with all the hazards which it involved, he has, in the exercise of his duty, and of the rights which the state of war confers, prosecuted hostilities by land and sea, in order to secure at the earliest possible moment an honorable peace. In so doing he has been compelled to avail himself unsparingly of the lives and fortunes which his countrymen have placed at his command; and untold burdens and sacrifices, far transcending any material estimation, have been imposed upon them. That as the result of the patriotic exertions of the people of the United States the strife has, as your excellency observes, proved unequal, inclines the President to offer a brave adversary generous. terms of peace. The President therefore responding to your excellency's request, will state the terms of peace which will be accepted by him at the present time, subject to the approval of the Senate of the United States hereafter. Your excellency in discussing the question of Cuba intimates that Spain has desired to spare the island the dangers of premature independence. The Government of the United States has not shared the apprehensions of Spain in this regard, but it recognizes the fact that in the distracted and prostrate condition of the island, aid and guidance will be necessary, and these it.is prepared to give. The United States will require: First. The relinquishment by Spain of all claim of sovereignty over or title to Cuba and her immediate evacuation of the island. Second. The President, desirous of exhibiting signal generosity, will not now put forward any demand for pecuniary indemnity. Nevertheless he can not be insensible to the losses and expenses of the United States incident to the war or to the claims of our citizens for injuries to their persons and property during the late insurrection in Cuba. He must, therefore, require the cession to the United States and the immediate evacuation by Spain of the island of Porto Rico and other islands now under the sovereignty of Spain in the West Indies, and also the cession of an island in the Ladrones, to be selected by the United States. Third. On similar grounds the United States is entitled to occupy and will 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. If the terms hereby offered are accepted in their entirety commissioners will be named by the United States to meet similarly authorized commissioners on the part of Spain for the purpose of settling the details of the treaty of peace and signing and delivering it under the terms above indicated. I avail myself of this occasion to offer to your excellency the assur ances of my highest consideration. WILLIAM R. DAY. His Excellency the DUKE OF ALMODOVAR DEL RIO, Minister of State, etc. |