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The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.


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 o Manila by the American forces. The arms of the soldiers in question shall be restored to them. Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar 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 colors, uncaptured war vessels, small arms, guns of all calibres, with their carriages and accessories, powder, ammunition, livestock, 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.

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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.


The United States and Spain mutually relinquish all claims for indemnity, national and individual, of every kind, ofeither 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.


In conformity with the provisions of Articles I, II, and III 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.

126 And it is hereby declared that the relinquishment or cession, 127 as the case may be, to which the preceding paragraph refers, 128 cannot in any respect impair the property or rights which by 129 law belong to the peaceful possession of property of all kinds, 130 of provinces, municipalities, public or private establishments, 131 ecclesiastical or civic bodies, or any other associations having 132 legal capacity to acquire and possess property in the aforesaid 133 territories renounced or ceded, or of private individuals, of what134 soever nationality such individuals may be. 135 The aforesaid relinquishment or cession, as the case may be, 136 includes all documents exclusively referring to the sovereignty 137 relinquished or ceded that may exist in the archives of the Penin138 sula. Where any document in such archives only in part relates 139 to said sovereignty, a copy of such part will be furnished when140 ever it shall be requested. Like rules shall be reciprocally 141 observed in favor of Spain in respect of documents in the 142 archives of the islands above referred to. 143 In the aforesaid relinquishment or cession, as the case may be, 144 are also included such rights as the Crown of Spain and its 145 authorities possess in respect of the official archives and records, 146 executive as well as judicial, in the islands above referred to, 147 which relate to said islands or the rights and property of their 148 inhabitants. Such archives and records shall be carefully pre149 served, and private persons shall without distinction have the 150 right to require, in accordance with law, authenticated copies of 151 the contracts, wills and other instruments forming part of nota152 rial protocols or files, or which may be contained in the executive 153 or judicial archives, be the latter in Spain or in the islands afore154 said.

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156 Spanish subjects, natives of the Peninsula, residing in the ter157 ritory over which Spain by the present treaty relinquishes or cedes 158 her sovereignty, may remain in such territory or may remove 159 therefrom, retaining in either event all their rights of property,

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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 judgments should be carried
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. Oriminal 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 juris-
diction 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.


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.


Spain will 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

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