Treaty of Peace between the United States of America and the Kingdom of Spain

(Treaty of Paris)
Signed in Paris, 10 December 1898
By the President of the United States of America
Learning Objectives

By the end of this lesson, the student will be able to:

• Analyze the provisions of the Treaty of Paris

A Proclamation
Whereas, a Treaty of Peace between the United States of America and Her Majesty the Queen Regent of Spain, in the name
of her August Son, Don Alfonso XIII, was concluded and signed by their respective plenipotentiaries at Paris on the tenth day
of December, 1898, the original of which Convention being in the English and Spanish languages, is word for word as
follows:

THE UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN REGENT OF SPAIN, IN THE NAME OF HER AUGUST SON
DON ALFONSO XIII, desiring to end the state of war now existing between the two countries, have for that purpose
appointed as Plenipotentiaries:

THE PRESIDENT OF THE UNITED STATES,

WILLIAM R. DAY, CUSHMAN K. DAVIS, WILLIAM P. FRYE, GEORGE GRAY, and

WHITELAW REID, citizens of the United States;

AND HER MAJESTY THE QUEEN REGENT OF SPAIN,

DON EUGENIO MONTERO RIOS, President of the Senate

DON BUENAVENTURA De ABARZUZA, Senator of the Kingdom and ex-Minister of the Crown,

DON JOSE DE GARNICA, Deputy to the Cortes and Associate Justice of the Supreme Court; DON WENCESLAO RAMIREZ DE
VILLA-URRUTIA, Envoy Extraordinary and Minister

Plenipotentiary at Brussels, and

DON RAFAEL CERERO, General of Divisions;

Who, having assembled in Paris, and having exchange their full powers, which were found to be in due and proper form,
have, after discussion of the matters before them, agreed upon the following articles:

ARTICLE I
Spain relinquishes all claims of sovereignty over and title in Cuba. And as the island is, upon its evacuation by Spain,
to be occupied by the United States, the United States will, so long such occupation shall last, assume and discharge the
obligations that may under international law result from the fact of its occupation, for the protection of life and property.

ARTICLE II
Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West
Indies, and the island of Guam in the Marianas or Ladrones.
 ARTICLE III
Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying
within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the
navigable channel of Bachi, from the one hundred and eighteenth (118 th) to the one hundred and twenty seventh (127 th)
degrees meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127 th) degree
meridian of longitude east of Greenwich to the parallel of four degree and forty five minutes north latitude, thence along
the parallel of four degrees and forty five minutes north latitude to its intersection with the meridian of longitude one
hundred and nineteen degrees and thirty five minutes east of Greenwich.

The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange
of the ratifications of the present treaty.

ARTICLE IV
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 sports of the Philippine Islands on the same terms as ships and merchandise of
the United States.

ARTICLE V
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 of Manila by the American forces. The arms of the soldiers in question shall be
restored to them.

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 calibers, 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.

ARTICLE VI
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.

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. The United States will adjudicate and settle the
claims of its citizens against Spain relinquished in this article.

ARTICLE VIII
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 cession, as the case may be, includes all documents exclusively referring to the sovereignty
relinquished or ceded that may exist in the achieves of the Peninsula. Where any document in such achieves 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 achieves 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 achieves and records, executives as well as judicial, in the island above referred
to, which relate to said islands or the rights and property of their inhabitants.

ARTICLE IX
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. Judgements 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 rights 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
judgements should be carried out.
2. Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted
to judgement before the court in which they may then be pending or in the court that may be substituted there
for.
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 judgement; but,
such judgement 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, in
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 sports 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 coast wide trade.

This article may at any time be terminated on six months’ notice given by their 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, advice any Government established in the
island to assume the same obligations.

ARTICLE XVII
The president treaty shall be ratified 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.

Now, therefore, be it known that I, William McKinley, President of United States of America, have caused the said
Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled
with good faith by the United States and the citizens thereof.

Source: https://www.officialgazette.gov.ph/1898/12/10/treaty-of-peace-between-the-united-states-ofamerica-and-the-kingdom-of-spain-treaty-of-
paris-signed-in-paris-december-10-1898/

Source: Torrentira, Readings in Philippine History

Name: Date:
Year and Section:

Requirement:

Of the seventeen (17) articles of the Treaty of Paris, select one (1) article which you think is favorable to the people
of the Philippines. Select another one (1) article which you think is unfavorable to the people of the Philippines. Explain each
of them.

Article 7 stated "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. The United States will adjudicate and settle the claims of its citizens
against Spain relinquished in this article." this article could have favoured the Phillipines through the peace enaction between states, though it
was not stated about the Philippines but knowing that both of this states will have this peace enaction relieved the people of the Philippines
because there will be a unity to the both state.

On the other hand, Article 3 could have unfavoured the people of the Philippines because the Philippines was given or should I say was sold to
the United States, since the Spain had the control of the Philippines and sold it to the US for $20 million as one of the stipulations ending the
Spanish American War. As I read these articles all I can say is that none of these could be very much favorable to the Philippines because as I
have researched also many have said that this could be more on a batrayal to the people of the Philippines. But the article 3 for me have been
the most unfavorable one.