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The Treaty of Paris of 1898 was signed on December 10, 1898, and ended the Spanish-American War.

Contents

Background

Article V of a peace protocol entered into between United States and Spain on August 12, 1898 read as follows:

The United States and Spain will each appoint not more than five commissioners to treat of peace, and the commissioners so appointed shall meet at Paris not later than Oct. 1, 1898, and proceed to the negotiation and conclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutional forms of the two countries.[1]

The composition of the American commission was somewhat unusual in that three of its members were Senators (meaning, as many newspapers pointed out, that at a later date they would vote on the ratification of their own negotiations).[2] The American delegation members were:

On September 16, U.S. President McKinley issued secret written instructions to his emissaries:

It is my earnest wish that the United States in making peace should follow the same high rule of conduct which guided it in facing war. [In addition, the victor should be magnanimous in her treatment of the fallen foe; and her morality] should not under any illusion of the hour be dimmed by ulterior designs which might tempt us into excessive demands or into an adventurous departure on untried paths [(referring there only to Cuba)] ... The Philippines stand upon a different basis. ... without any original thought of complete or even partial acquisition, the presence and success of our arms at Manila imposes upon us obligations which we cannot disregard. The march of events rules and overrules human action. Avowing unreservedly the purpose which has animated all our effort, and still solicitous to adhere to it, we cannot be unmindful that, without any desire or design on our part, the war has brought us new duties and responsibilities which we must meet and discharge as becomes a great nation [because God has pre-ordained American expansion and responsibilities. On the other hand, it must be candidly confessed that] Incidental to our tenure in the Philippines is the commercial opportunity to which American statesmanship cannot be indifferent. It is just to use every legitimate means for the enlargement of American trade; ... In view of what has been stated, the United States cannot accept less than the cession in full right and sovereignty of the island of Luzon. ...[3][4]

The Spanish commission included the Spanish diplomats Eugenio Montero Ríos, Buenaventura de Abarzuza, José de Garnica, Wenceslao Ramírez de Villa-Urrutia, Rafael Cerero, as well as a French diplomat, Jules Cambon.

Negotiations

The American delegation arrived in Paris on September 26, 1898. The negotiations were conducted in a suite of rooms at the Ministry of Foreign Affairs. At the first session on October 1, the Spanish demanded that before the talks get underway the city of Manila, which had been captured by the Americans a few hours after the signing of the peace protocol in Washington, be returned to Spanish authority. The Americans refused to consider this and for the moment it was pursued no further.[5]

For almost a month, negotiations revolved around Cuba, which Spain was more than willing to cede to the U.S., along with the Cuban national debt of four hundred million dollars. The Teller Amendment to the U.S. Declaration of War with Spain, however, made it impossible for the U.S. to accept the island, much less its financial obligations.[5] The Spanish delegations threatened at one point to break off negotiations and resume the war, but the U.S. would not budge on this point. Eventually, it was agreed that Cuba was to be delivered to the Cubans and the four hundred million dollar liability returned to Spain. It was also agreed that Spain would cede Guam and Puerto Rico to the United States.[6]

The negotiators then turned to the question of the Philippines. Spanish negotiators were determined to hang onto all they could; hoping to cede only Mindanao and perhaps the Sulu Islands.[6] On the American side, Chaiman Day had once recommended the acquisition of only naval base in Manila as a "hitching post".[7] Others had recommended retaining just the island of Luzon. In discussions with its advisors, though, the commission concluded that Spain, if it retained part of the Philippines, would be likely to sell that part to another European power and that this would likely be troublesome for America.[8] On 25 November, the American Commission cabled President McKinley for explicit instructions. Their cable crossed one from McKinley saying that duty left him no choice but to demand the entire archipelago, the following morning, another cable from McKinley arrived, saying

... to accept merely Luzon, leaving the rest of the islands subject to Spanish rule, or to be the subject of future contention, cannot be justified on political, commercial, or humanitarian grounds. The cessation must be the whole archipelago or none. The latter is wholly inadmissible, and the former must therefore be required.[9]

On November 4, the Spanish delegation formally rejected the American demand, and Spain's Prime Minister Sagasta backed up the commission. As the specter of collapse of the negotiations grew, there were mutters about resumption of the war. U.S. election results on November 8, however, cut McKinley's Republican majority in Congress less than had been anticipated. The American delegation took heart from this, and Frye unveiled a plan of offering Spain ten or twenty million dollars for the islands.[10]

After some discussion, the American delegation offered twenty million dollars on November 21 and requested an answer within two days. Rios said angrily that he could reply at once, but the American delegation had already left the conference table. When the two sides met again, Queen-Regent Maria Christina had cabled her acceptance. Montero Rios recited the formal reply:

The Government of Her Majesty, moved by lofty reasons of patriotism and humanity, will not assume the responsibility of again bringing upon Spain all the horrors of war. In order to avoid them, it resigns itself to the painful task of submitting to the law of the victor, however harsh it may be, and as Spain lacks the material means to defend the rights she believes hers, having recorded them, she accepts the only terms the United States offers her for the concluding of the treaty of peace.[11]

Work on the final draft of the treaty began on November 30. It was signed on December 10, 1898. The next step was legislative ratification. In Madrid, the Cortes rejected it but the Queen Regent signed it, empowered to do so by a clause in the Spanish constitution.

U.S. Senate debate on ratification of the treaty

During the Senate debate to ratify the treaty, Senators George Frisbie Hoar and George Graham Vest were outspoken opponents of the treaty.

This Treaty will make us a vulgar, commonplace empire, controlling subject races and vassal states, in which one class must forever rule and other classes must forever obey.

Some anti-expansionists stated that the treaty committed the United States to a course of empire and violated the most basic tenets of the United States Constitution. They argued that neither the Congress nor the President had the right to pass laws governing colonial peoples who were not represented by law-makers.

Senate Expansionists who supported the treaty said:

If the U.S. were to reject the treaty, Suppose we reject the Treaty. We continue the state of war. We repudiate the President. We are branded as a people incapable of taking rank as one of the greatest of world powers!
Providence has given the United States the duty of extending Christian civilization. We come as ministering angels, not despots.
—Senator Knute Nelson

Expansionists said that the Constitution applied only to the citizens of the United States. This idea was later supported by the Supreme Court in the Insular Cases.

As the Senate debate continued, Andrew Carnegie and former President Grover Cleveland petitioned the Senate to reject the treaty.

U.S. ratification

The controversial treaty was approved on February 6, 1899 by a vote 57 to 27, only one vote more than the two-thirds majority required.[12] Only two Republicans voted against ratification, George Frisbie Hoar of Massachusetts and Eugene Pryor Hale of Maine.

Treaty provisions

The Treaty of Paris provided that Cuba would become independent from Spain but the U.S. Congress made sure it would be under U.S. control through the Platt Amendment. Specifically, Spain relinquished all claim of sovereignty over and title to Cuba. Upon Cuba's evacuation by Spain, it was to be occupied by the United States, and the United States would assume and discharge any obligations that under international law could result from the fact of its occupation.

The Treaty also assured that Spain would cede to the United States the island of Puerto Rico and other islands then under Spanish sovereignty in the West Indies, as well as the island of Guam in the Marianas or Ladrones.

The Treaty specified that Spain would cede to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within a specified line.

In accordance with the treaty, Spain:

  • Gave up all rights to Cuba (see Teller Amendment and Platt Amendment)
  • Surrendered Puerto Rico and gave up its possessions in the West Indies
  • Surrendered the island of Guam to the United States
  • Surrendered the Philippines to the United States for a payment of twenty million dollars[13]

The defeat put an end to the Spanish Empire in America and, one year later in the Pacific Ocean (after the German–Spanish Treaty (1899)), and marked the beginning of an age of United States colonial power.

See also

References

  1. ^ Halstead, Murat (1898), The Story of the Philippines and Our New Possessions, Including the Ladrones, Hawaii, Cuba and Porto Rico, pp. 176-178, http://books.google.com/books?id=lIQcwt7g2wkC 
  2. ^ Wolff, Leon (2006), Little brown brother: how the United States purchased and pacified the Philippine Islands at the century's turn, History Book Club (published 2005), p. 153, ISBN 9781582882093, http://books.google.com/books?id=TGowAAAACAAJ  (Introduction, Decolonizing the History of the Philippine-American War, by Paul A. Kramer dated December 8, 2005)
  3. ^ Op. cit. Wolff 2006, p. p154-155
  4. ^ William McKinley, "The Acquisition of the Philippines", Papers Relating to Foreign Affairs, 1898 (U.S. Department of State): pp. 904-908, http://www.mtholyoke.edu/acad/intrel/mkinly3.htm 
  5. ^ a b Op. cit. Wolff 2006, p. 163
  6. ^ a b Op. cit. Wolff 2006, p. 164
  7. ^ Karnow, Stanley (1990), In our image: America's empire in the Philippines, Ballantine Books, p. 126, ISBN 9780345328168 
  8. ^ Op. cit. Wolff 2006, p. 167
  9. ^ Op. cit. Wolff 2006, pp. 169-170
  10. ^ Op. cit. Wolff 2006, p. 171
  11. ^ Op. cit. Wolff 2006, p. 172
  12. ^ Coletta, Paolo E., ‘McKinley, the Peace Negotiations, and the Acquisition of the Philippines’, Pacific Historical Review 30 (November 1961), 348.
  13. ^ "Treaty of Peace Between the United States and Spain; December 10, 1898" (HTML). Yale. 2009. http://avalon.law.yale.edu/19th_century/sp1898.asp. Retrieved 2009-05-01. 

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Up to date as of January 22, 2010

From Wikisource

Treaty of Paris (1898)
The Treaty of Paris of 1898, signed on December 10, 1898, ended the Spanish-American War. In accordance with the treaty, Spain renounced all rights to Cuba and allowed an independent Cuba (see Teller Amendment), ceded Puerto Rico and the islands of Guam and the Philippines to the United States, and gave up its possessions in the West Indies. The defeat put an end to the Spanish Empire in America, and marked the beginning of an age of United States colonial power.Excerpted from Treaty of Paris (1898) on Wikipedia, the free encyclopedia.
Treaty of Peace Between the United States and Spain (December 10, 1898)

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 of 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 division;

Who, having assembled in Paris, and having exchanged 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 claim of sovereignty over and title to Cuba.And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as 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 (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.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 ports 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.

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.

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.

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.

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, can not 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 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 notorial 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 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 and clearance dues, light dues, and tonnage duties, as it accords to its own merchant vessels, not engaged in the coastwise trade.

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 termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII. The present 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.

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

[Seal] Cushman K. Davis

[Seal] William P. Frye

[Seal] Geo. Gray

[Seal] Whitelaw Reid

[Seal] Eugenio Montero Rios

[Seal] B. de Abarzuza

[Seal] J. de Garnica

[Seal] W. R. de Villa Urrutia

[Seal] Rafael Cerero


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