Staaten 3. Okt. 1898. while, in respect of other questions of fact, the reports in the possession of Nr. 11967. the Spanish Government were so entirely at variance with authentic infor- Vereinigte mation in the possession of the United States as to compel the conclusion und Spanien. that at least some of these reports were not of an official character. In respect of questions of law, the views of the two Governments were also at variance. The American Commissioners, therefore, with a view to prevent the diversion and failure of the present negotiations, as well as on the ground of a want of power, deem themselves obliged to reply that the questions involved in the present proposals and demands of the Spanish Commissioners having heretofore been presented to the Government of the United States and answered in notes of the Department of State, any further demands as to military operations in the Philippines must be addressed by the Government. of Spain to the Government of the United States at Washington, and consequently that they cannot join in the proposed declarations. True copy: J. B. Moore. Nr. 11968. VEREINIGTE STAATEN und SPANIEN. - Debatte über 7. Oktober 1898. Staaten On the question of procedure referred to them at the last conference Nr. 11968. the Secretaries made the following report; ||,,Where a proposition is presented. Vereinigte and rejected, the side presenting it shall have the right to file a brief memo- und Spanien. randum giving its reasons in support of such proposition, and the other side 7. Okt. 1898. shall have the right to file a brief reply, the written discussion to be confined to such memorandum and reply, which are to be annexed to the protocol." This report was adopted by unanimous consent. || The Spanish Commissioners then presented, in pursuance of the reservation made by them at the last conference, a reply to the American answer on the subject of the status quo in the Philippines, at the same time stating that the reply was presented for the purpose of reserving the right to bring up the subject hereafter. || The reply was received and filed; copy and translation are hereto annexed. || The Spanish Commissioners then presented, as an amendment to the American proposals, a set of articles, in Spanish, copy and translation of which are hereto annexed, in relation to Cuba and Porto Rico. || The American Commissioners, in order to afford opportunity for the translation and consideration of the articles, moved that the conference be adjourned till Tuesday, October 11, at two o'clock, p. m. Anlage. Spanischer Friedensentwurf. Article I. Her Majesty the Catholic Queen, in the name and representation of Spain, and thereunto constitutionally authorized by the Cortes of the Kingdom, Vereinigte Nr. 11968. relinquishes her sovereignty over the Island of Cuba, transferring it to the United States of America, which accept it, in order that they may in their und Spanion. turn transfer it at the proper time to the Cuban people, upon the conditions established in this treaty, the United States promising hereby that as soon as they are ratified they will always be faithfully complied with. 7. Okt. 1898. Article II. The relinquishment and transfer made by Her Catholic Majesty, and accepted by the United States of America, embrace: || 1st. All the prerogatives, powers and rights, which, as an integral part of the sovereignty, belong to Her Catholic Majesty both over the Island of Cuba and over its inhabitants; || 2nd. All charges and obligations of every kind in existence at the time of the ratification of this treaty of peace, which the Crown of Spain and her authorities in the Island of Cuba may have contracted lawfully in the exercise of the sovereignty hereby relinquished and transferred, and which as such constitute an integral part thereof. Article III. In compliance with the provisions of the two preceding articles, Her Catholic Majesty, acting in the same representative character with which she has entered into this treaty, relinquishes and transfers to the United States, which accept them, upon the conditions above stated, all the buildings, wharves, barracks, fortresses, establishments, public ways of communication, and all other immovable property which according to law attaches to the public domain, and which so attaching belongs to the Crown of Spain in the Island of Cuba. || All immovable property situated in the Island of Cuba which under the civil law belongs to the state as patrimonial property, and all rights and property of whatsoever kind, which up to the ratification of the present treaty have been peacefully enjoyed and held in ownership by provinces, municipalities, public and private establishments, ecclesiastical and civil corporations, or any other collective bodies lawfully incorporated and having legal authority to acquire and hold property in the Island of Cuba, and by private individuals, whatsoever their nationality, are therefore excluded from the above relinquishment and transfer. || Her Catholic Majesty further relinquishes and transfers to the United States all right to the documents and papers exclusively relating to the sovereignty hereby relinquished and accepted, to be found in the archives of the Peninsula, said documents and papers to be delivered to the United States by the Spanish Government. Copies of such portions of other documents and papers relating to other subjects foreign to the Island of Cuba, but relating to the sovereignty aforesaid which may exist in the said archives, shall be given to the United States whenever desired. A similar rule shall be reciprocally observed in favour of Spain regarding documents and papers foreign, in whole or in part, to the Island of Cuba, Vereinigte 7. Okt. 1898. which may be in the archives of the latter and of interest to the Spanish Nr. 11968. Government. || All archives and official records, executive and judicial, which Staaten are at the disposal of the Government of Spain and its authorities in the und Spanien. Island of Cuba, and which refer to the said island or its inhabitants, and to their rights and property, shall be at the disposal of the United States with the same rights and obligations as now attach to them while at the disposal of the Spanish Government and its said authorities. Private persons, Spaniards and Cubans alike, shall be entitled to make according to law authenticated copies of contracts, wills, and other instruments forming part of the notarial registers and files or in the custody of the executive and the judicial archives, be the same either in Spain or in the Island of Cuba. Article IV. In order to establish the charges and obligations of all kinds which the Crown of Spain cedes and transfers as a part of its sovereignty over the Island of Cuba to the United States, and which the latter accept, the two rules following will be observed: || First: The charges and obligations to be transferred must have been levied and imposed in constitutional form and in the exercise of its legitimate powers by the Crown of Spain, as the sovereign of the Island of Cuba, or by its lawful authorities in the exercise of their respective powers prior the ratification of this treaty. || Second: The creation or establishment of such charges or obligations must have been for the service of the Island of Cuba, or chargeable to its own individual treasury. Article V. Pursuant to the provisions of the foregoing article, there shall be embraced in the said transfer all debts, of whatsoever kind, lawful charges, the salaries or allowances of all employes, civil and ecclesiastical, who shall continue to render services in the Island of Cuba, and all pensions in the civil and military services and of widows and orphans; provided that they conform to the requirements prescribed in the foregoing article. Article VI. Her Catholic Majesty, in the name and representation of Spain, and thereunto constitutionally empowered by the Cortes of the Kingdom, cedes to the United States of America, and the latter accept for themselves, the sovereignty over the Island of Porto Rico and the other islands now belonging to the Crown of Spain in the West Indies. Article VII. This cession of the sovereignty over the territory and inhabitants of Porto Rico and the other islands mentioned, is understood to embrace the cession of the rights and obligations, property and documents relating to the Nr. 11968. sovereignty of the said islands, similar in all things to those which, with Vereinigte respect to the relinquishment and transfer of the sovereignty of the Island und Spanien. of Cuba, are defined in Articles II to V, inclusive, of the treaty. Staaten 7. Okt. 1898. True copy: Emilio de Ojeda. Nr. 11969. Staaten 11. Okt. 1898. Nr. 11969. VEREINIGTE STAATEN und SPANIEN. 4. Sitzung. Cuba und Portorico. - 11. Oktober 1898. The American Commissioners presented a paper, copy of which is hereto Vereinigte annexed, in which they rejected the articles submitted by the Spanish Comund Spanien. missioners at the last session as an amendment to the proposals of the American Commissioners on the subject of the relinquishment by Spain of sovereignty over Cuba and the cession of Porto Rico and other islands in the West Indies, and the island of Guam in the Ladrones. || The paper having been read in English and in Spanish, and the Spanish articles having been rejected, the President of the Spanish Commission on behalf of the Spanish Commissioners, presented under the rules a memorandum, setting forth their reasons in support of their propositions. || The American Commissioners inquired whether the Spanish Commissioners considered their propositions as finally rejected. | The Spanish Commissioners replied that the rejection was set forth in the very terms of the American reply, and that the occasion had therefore arisen for the presentation of their memorandum; but that, before filing the latter, they were ready and even preferred to discuss the subject of it orally, since this might result in an agreement and render the filing of the memorandum unnecessary. | The American Commissioners said that the memorandum could be read, but that they reserved the right under the rules to make a written reply, and that any oral discussion into which they might enter was not to be considered as a waiver of that right. || The memorandum, copy and translation of which are hereto annexed, was then read. The reading having been completed, the American Commissioners stated that their understanding of the situation was this-that, the articles presented by the Spanish Commissioners having been rejected, and the Spanish Commissioners having thereupon filed a memorandum under the rules, the American Commissioners were entitled to make a written reply, and that the question now recurred on the articles proposed by the American Commissioners. || The Spanish Commissioners declared that in their opinion the propositions on both sides had been rejected, and that both propositions were before the Commission on an equal footing for oral discussion. || The American Commissioners stated that they were ready to hear the Spanish Commissioners. || The Spanish Commissioners suggested that, as the American Commissioners wished to reply to the Spanish memorandum, it would be advisable to postpone the oral discussion till the reply was before the Commission. To this the America Vereinigte 11. Okt. 1898. Commissioners assented. | The President of the Spanish Commission then stated Nr. 11959. that from the rapid reading of the paper presented by the American Commis- Staaten sioners at the opening of the session, they had derived the impression that und Spanien. those Commissioners were laboring under a misapprehension as to the stipulation in the Spanish articles touching Spain's relinquishment of sovereignty over Cuba. In proposing that the sovereignty should be relinquished to the United States in order that the latter might transfer it to the Cuban people, Spain had merely conformed to the letter and spirit of the joint resolution. of the American Congress; but it was not her intention to impose upon the United States an obligation to make such transfer, as was shown by the fact that it was said in the articles that the United States,,may" transfer the sovereignty, not that they were bound to do it. | The American Commissioners replied that the language employed in the article would, under the American law, impress the relinquishment with a trust. || The Spanish Commissioners said that if the phraseology would, under American law convey that meaning, they would change it in the sense in which they had just suggested. Anlage. Amerikanische Antwort auf Anlage 11968. The American Commissioners, when they presented, in the conference of the 3rd instant a draft of articles for the relinquishment by Spain of sovereignty over and title to Cuba and for the cession of Porto Rico and other islands in the West Indies, and the Island of Guam in the Ladrones, stated that the disposition of these subjects was determined by the Protocol of August 12, 1898. || The two articles of the Protocol relating to these subjects. are brief, and, as it seems to the American Commissioners, easy of comprehension and readily to be carried into effect. They are: || "Article I. Spain will relinquish all claim of sovereignty over and title to Cuba. || "Article II. Spain will cede to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and also an island in the Ladrones to be selected by the United States." || The American Commissioners were careful, in the articles proposed by them, to express the relinquishment or cession, as the case might be, in the very words of the Protocol, merely adding thereto the usual subsidiary and incidental clauses touching public property and archives, with a view to making the treaty effectual, and preserving evidence of public and private property rights. || The American Commissioners regret to find in the articles presented by the Spanish Commissioners on the 7th instant a departure from the terms of the Protocol in the following particulars: To the unconditional engagement of the Protocol to relinquish all claim of sovereignty over and title to Cuba, they have. proposed conditions: || 1. That Spain shall transfer her sovereignty over the island to the United States, and that the United States "shall in their turn |