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62 The United States will, for the term of ten years from the date 63 of the exchange of the ratifications of the present treaty, admit 64 Spanish ships and merchandise to the ports of the Philippine 65 Islands on the same terms as ships and merchandise of the 66 United States.
68 The United States will, upon the signature of the present 69 treaty, send back to Spain, at its own cost, the Spanish soldiers 70 taken as prisoners of war on the capture 0. Manila by the 11 American forces. The arms of the soldiers in question shall be 72 restored to them. 73 Spain will, upon the exchange of the ratifications of the pres74 ent treaty, proceed to evacuate the Philippines, as well as the 75 island of Guam, on terms similar to those agreed upon by the 76 Commissioners appointed to arrange for the evacuation of Porto 77 Rico and other islands in the West Indies, under the Protocol of 78 August 12, 1898, which is to continue in force till its provisions 79 are completely executed. 80 The time within which the evacuation of the Philippine Islands, -81 and Guam shall be completed shall be fixed by the two Govern82ments. Stands of colors, uncaptured war vessels, small arms, 83 guns of all calibres, with their carriages and accessories, powder, 84 ammunition, livestock, and materials and supplies of all kinds, 85 belonging to the land and naval forces of Spain in the Philippines 86 and Guam, remain the property of Spain. Pieces of heavy ord87 nance, exclusive of field artillery, in the fortifications and coast 88 defences, shall remain in their emplacements for the term of six 89 months, to be reckoned from the exchange of ratifications of the 90 treaty; and the United States may, in the meantime, purchase 91 such material from Spain, if a satisfactory agreement between 92 the two Governments on the subject shall be reached,
94 Spain will, upon the signature of the present treaty, release all 95 prisoners of war, and all persons detained or imprisoned for politi96 cal offences, in connection with the insurrections in Cuba and the 97 Philippines and the war with the United States. 98 Reciprocally, the United States will release all persons made 99 prisoners of war by the American forces, and will undertake to 100 obtain the release of all Spanish prisoners in the hands of the 101 insurgents in Cuba and the Philippines. 102 The Government of the United States will at its own cost return 103 to Spain and the Government of Spain will at its own cost return 104 to the United States, Ouba, Porto-Rico, and the Philippines, 105 according to the situation of their respective homes, prisoners 106 released or caused to be released by them, respectively, under 107 this article.
109 The United States and Spain mutually relinquish all claims for 110 indemnity, national and individual, of every kind, of either Gov. 111 ernment, or of its citizens or subjects, against the other Govern. 112 ment, that may have arisen since the beginning of the late insur113 rection in Ouba and prior to the exchange of ratifications of the 114 present treaty, including all claims for indemnity for the cost of 115 the war. 116 The United States will adjudicate and settle the claims of its 117 citizens against Spain relinquished in this article.
119 In conformity with the provisions of Articles I, II, and III of 120 this treaty, Spain relinquishes in Cuba, and cedes in Porto Rico 121 and other islands in the West Indies, in the island of Guam, and 122 in the Philippine Archipelago, all the buildings, wharves, bar. 123 racks, forts, structures, public highways and other immovable 124 property which, in conformity with law, belong to the publio 125 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.
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,
160 including the right to sell or dispose of such property or of its 161 proceeds; and they shall also have the right to carry on their 162 industry, commerce and professions, being subject in respect 163 thereof to such laws as are applicable to other foreigners. In case 164 they remain in the territory they may preserve their allegiance 165 to the Crown of Spain by making, before a court of record, within 166 a year from the date of the exchange of ratifications of this treaty, 167 a declaration of their decision to preserve such allegiance; in 168 default of which declaration they shall be held to have renounced 169 it and to have adopted the nationality of the territory in which 170 they may reside. 171 The civil rights and political status of the native inhabitants of 172 the territories hereby ceded to the United States shall be deter173 mined by the Congress.
175 The inhabitants of the territories over which Spain relinquishes 176 or cedes her sovereignty shall be secured in the free exercise of 177 their religion.
179 The Spaniards residing in the territories over which Spain by 180 this treaty codes or relinquishes her sovereignty shall be subject 181 in matters civil as well as criminal to the jurisdiction of the courts 182 of the country wherein they reside, pursuant to the ordinary laws 183 governing the same; and they shall have the right to appear 184 before such courts, and to pursue the same course as citizens of 185 the country to which the courts belong.
187 Judicial proceedings pending at the time of the exchange of 188 ratifications of this treaty in the territories over which Spain 189 relinquishes or cedes her sovereignty shall be determined accord. 190 ing to the following rules: 191 1. Judgments rendered either in civil suits between private 192 individuals, or in criminal matters, before the date mentioned,