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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.

ARTICLE VII.

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

ARTICLE VIII.

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.

And it is hereby declared that the relinquishment or cession, as the case may be, to which the preceding paragraph refers, cannot in any respect impair the property or rights which by law belong to the peaceful possession of property of all kinds, of provinces, municipalities, public or private establishments, ecclesiastical or civic bodies, or any other associations having legal capacity to acquire and possess property in the aforesaid territories renounced or ceded, or of private individuals, of whatsoever nationality such individuals may be.

The aforesaid relinquishment or session, as the case may be, includes all documents exclusively referring to the sovereignty relinquished or ceded that may exist in the archives of the Peninsula. Where any document in such archives only in part relates

to said sovereignty, a copy of such part will be furnished whenever it shall be requested. Like rules shall be reciprocally observed in favor of Spain in respect of documents in the archives of the islands above referred to.

In the aforesaid relinquishment or cession, as the case may be, are also included such rights as the Crown of Spain and its authorities possess in respect of the official archives and records, executive as well as judicial, in the islands above referred to, which relate to said islands or the rights and property of their inhabitants. Such archives and records shall be carefully preserved, and private persons shall without distinction have the right to require, in accordance with law, authenticated copies of the contracts, wills and other instruments forming part of notarial protocols or files, or which may be contained in the executive or judicial archives, be the latter in Spain or in the islands aforesaid.

ARTICLE IX.

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 hereby ceded to the United States shall be determined by the Congress.

ARTICLE X.

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

ARTICLE XI.

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 governing 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.

ARTICLE XII.

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 individuals, 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 authority 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 Supreme 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 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 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.

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1 Signed in duplicate, in Spanish and English. The English text is signed: "William R. Day, Cushman K. Davis, Wm. P. Frye, Geo. Gray, Whitelaw Reid." The Spanish text is signed: Eugenio Montero Ríos, B. de Abarzuza, J. de Garnica, W R de Villa Urrutia, Rafael Cerero." — ED.

Index

[REFERENCES IN ITALICS INDICATE A TEXT WITH ACCOMPANYING NOTES.]

Abarzuza, B. de, 608.

Abolition of slavery in District of Co-
lumbia, 450-451; in Territories, 452.
Acadia, 93, 94.

Acadians deported, 109.

Adams, John, 162, 184, 190, 209.
Adams, J. Q., 284, 293, 311, 324.
Adams, Robert, 597, 599.
Adams, Samuel, 147, 162.
Adams, William, 293.
Administration of Justice act, 159-162.
Admission of Missouri, resolution for,
317, 318; of Virginia to representa-
tion in Congress, 544-546.
Aix-la-Chapelle, treaty of, 109.
Alabama admitted as a State, 311;
admitted to representation in Congress,

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Articles of Confederation, 195-204; of

impeachment, 518-529.

Ashburton treaty, 361-368.
Ashley, J. M., 500, 518, 529.
Association, The, 166-171.
Atherton Company, 67.
Auchmuty, Robert, 106.
Avalon, 31.

Bacon, Sir Francis, 9.
Baltimore and Ohio R. R. Co.,

444.

Baltimore, Lord, first, 31; second, 31,
53, 54, 80.

Bank of United States (second), 302-

306; Jackson's first message, 320,
321; second message, 322, 323; third
message, 323; veto message, 324-329;
removal of deposits, 344-353; National
Bank act, 473-482.

Bayard, J. A., 293, 441.
Benton, T. H., 359.
Bermudas, 14.

Bernard, Francis, 146.
Berry, A. S., 597.

Bingham, J. A., 440, 498, 547, 554.
Blaine, J. G., 501.

Bland, R. P., 573, 595.

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'Bland-Allison" act, 573-575, 596.
Blockade of Southern ports, 434, 435.
Bollan, William, 151, 155.
Boston Port act, 150-154.
Boutwell, G. S., 518.

Bowdoin, James, 162.

Braddock's defeat, 109.

Bradford, William, 19.

Arkansas admitted to representation in Breckinridge, John, 267.

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Breda, treaty of, 75.

Brook, Lord, 36.

Brown, B. G., 482.

Bunker Hill battle, 188.

Article of war, act for additional, 448, 449. | Burke, Edmund, 188.

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