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would be restored after the fulfilment of the contracts or obligations for which they were security. The United States had no intention to confiscate private property.

The Americans declined to enter upon any consideration of the question of the destruction of the battleship Maine, and closed their final communication by expressing their sense of the thoroughness, learning, ability and uniform courtesy with which the Spanish commissioners had conducted the negotiations. This compliment was about all the devoted Spaniards secured to carry back to Madrid.

The

The treaty was not signed until December 10, 1898. By its terms Spain relinquished all claim of sovereignty over and title to Cuba, and ceded to the United States the Philippine Islands, Porto Rico and other islands under Spanish sovereignty in the West Indies, and the island of Guam in the Ladrones. United States agreed during its occupancy of Cuba, but no longer, to assume and discharge all obligations which under international law resulted from such occupation, to pay to Spain the sum of twenty million dollars within three months after the exchange of ratifications of the treaty, to send back to Spain at its own cost and expense soldiers taken as prisoners of war at Manila,48 and to restore to them their arms.

It was agreed that all stands of colors, uncaptured war vessels, small arms, guns of every caliber with their carriages and accessories, powder, ammunition, and live stock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam should remain the property of Spain. Pieces of ordnance, exclusive of artillery in the fortifications and coast defenses, should remain in their emplacements for the term of six months from the ratifications of the treaty, the United States reserving the right in the meantime to purchase the same from Spain.

Spain agreed at once to release all prisoners of war and all

48 The United States obligated itself to convey to Spain only such Spanish soldiers as were actually prisoners of war. Troops which were under arms and under control of the Spanish authorities were not included. 22 Opp. Atty.-Gen., 383 (1899).

persons detained or imprisoned for political offenses in connection with the insurrection in the Philippines during the war with the United States. The United States agreed to obtain the release of all Spanish prisoners held by the insurgents in Cuba and the Philippines. Each government at its own expense was to return all released prisoners of war to their homes. All claims for indemnity, national and individual, against either government were mutually released, but the United States agreed to adjudicate and settle the claims of its citizens against Spain.

It was declared that the relinquishment or cession of the designated islands and the buildings, forts, barracks, structures, public highways, and other immovable property which belonged to the Crown of Spain, should not be held in any respect to impair the property or rights which by law belonged to the peaceful possession of property of all kinds, of provinces, municipalities," public or private establishments, ecclesiastical or civil bodies,50 or of any other associations having legal capacity to acquire and possess property in the renounced and ceded territory, or of private individuals of whatsoever nationality.51

The Spaniards residing in the ceded or relinquished territory were to be subject to the same law and entitled to the same rights and privileges before the courts as citizens of the country. Careful provision was made for the determination of the proceedings then pending before the judicial tribunals. Judgments rendered before the exchange of the ratifications of the treaty, in the cases in which under the Spanish law there was no right of review,

49 Public property belonging to the city of Manila did not pass to the United States. It remained the property of the municipality. Vilas v. Manila (1911), 220 U. S. 345.

50 The Roman Catholic Church in Porto Rico was held to be a legal personality within this provision. Ponce v. Roman Catholic Apostolic Church (1908), 210 U. S. 296. The Roman Catholic Church in the Philippines is a legal personality with power to hold property acquired by gift. Santos v. Holy Roman Catholic Church, 212 U. S. 463.

51 An hereditary franchise granted by the Spanish Crown and appurtenant to the office of mayor of Havana, giving the exclusive right of slaughtering cattle in the city of Havana was held to constitute private property within the protection of this provision of the treaty. O'Reilly de Camera v. Brooke, 135 Fed. Rep. 384. But it did not include the office of Solicitor of the Court of First Instance which had been purchased in perpetuity. Alvarez v. Sanchez, 216 U. S. 167.

were to be final. Civil actions which were pending and not determined at the time of such exchange of ratifications would continue to judgment in the same court, or in the court which might be substituted therefor.

Criminal actions pending on the date of the exchange of ratifications before the Supreme Court of Spain against citizens of the territory which by the treaty ceased to be Spanish should continue under the jurisdiction of that court until final judgment, but the execution of the judgment rendered therein should be committed to the authorities of the place where the case

arose.

All copyrights and patents which had been acquired by Spaniards in the ceded territory should be respected.52 Spanish scientific, literary and artistic work not subversive of public order in the territories in question were to be admitted free for a period of ten years, and during the same time Spanish merchant vessels and merchandise should be admitted into all ports of the Philippines on the same terms and conditions as ships and merchandise of the United States. This privilege proved of little value to Spain, as the United States permitted the ships and merchandise of all nations to enter on the same terms.

There was also a rather superfluous provision, to the effect that the inhabitants of the lost territories should be secured in the free exercise of their religion.

Spanish subjects, natives of the Peninsula residing in the territory over which Spain relinquished her sovereignty, might remain or remove therefrom, retaining in either event all their property rights, with the right to carry on their industry, commerce and professions, subject to the laws applicable to other foreigners. If they remained in the territory they might preserve their allegiance to the Crown of Spain by making before a court of record within a year from the exchange of ratifications of the treaty, a declaration of their decision to preserve

52 The validity of such rights were to be determined by Spanish law. 22 Opp. Atty.-Gen. 617 (1899).

such allegiance.53 In default of such declaration, they should be held to have renounced it and to have adopted the nationality of the territory in which they resided. The civil rights and political status of the native inhabitants of the territories ceded by the United States were to be determined by the Congress of the United States.54

It was subsequently discovered that Spain owned certain islands which were not within the boundary lines drawn in the treaty which were thus left derelict and useless to Spain. Under a treaty signed at Washington, November 7, 1900, and ratified January 23, 1901, it was agreed that in consideration of the payment of one hundred thousand dollars all islands belonging to the Philippine Archipelago lying outside of such lines, particularly the islands of Cagayan Sulu and Sibutu and their dependencies, should be included in the cession.55

Such was the Treaty of Paris, which was supposed to mark the close of an era of the world's history. As the result of a war into which the fatuous Madrid government allowed itself to drift, the old Spain ceased to exist. Thereafter what remained was a different Spain. As said by an European critic, it was Spain's misfortune and fault "that her extraordinary mismanagement of Cuba brought her into conflict with the United States, whose politicians had little regard for the conventions of European diplomacy and no particular reverence for the status quo. For whatever mistakes she may have made at this crisis, Spain has paid the penalty to the full."

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53 By a subsequent protocol signed at Washington on March 29, 1900, the time was extended for six months from April 11, 1900.

54 It was the intention of the framers of the treaty to leave Congress a free hand to deal with the islands. Dorr v. U. S. (1904), 195 U. S. 138.

The Filipinos did not become citizens of the United States. Congress, by Act of July 1, 1902, as amended by Act March 23, 1912, authorized the Philippine Legislature to provide for the acquisition of citizenship by certain natives who did not come within the terms of the treaty. The act makes all inhabitants of the islands on April 11, 1899, including Spanish subjects who did not elect to retain their Spanish allegiance, citizens of the Philippines. Roga v. Col. of Customs, 22 Ph. Rep. 332. Fed. Stat. Ann. Sup. 1914, p. 310. 55 Fed. Stat., Ann., VII, p. 818; For. Rel., 1900, p. 887.

56 The London Times, Dec. 12, 1898.

CHAPTER XIV

The Policy of Expansion and the Anti-Imperialists

Some Generalities-First Impressions-McKinley's Original Views-Publicists and Literary Men-Their Arguments Ineffective-A Question of National Policy-Instincts of the People-Natural Desire for Growth-Decision Rested With McKinley-The Anti-Imperialists-Nature of Their Opposition-Sentiment in Continental Europe-British Feeling-Kipling's Appeal-Opposition at First Negative-The Policy of "Walk Alone"-Senator Hoar's Suggestion for a Convention of Nations-The World Power Idea, Altruism and Commercialism-Not Originally a Party Issue-Mr. Bryan's Responsibility-Ratification of the Treaty-Future Policy Left Undetermined.

It is difficult to ascertain the causes of a war. It is impossible to anticipate its consequences. Some simple or dramatic incident serves as a spark and lights a magazine in which the troubles of an era have accumulated. A battleship, while in a friendly port, is blown up; an ancient colonial empire crumbles and a modern republic is deflected into new courses. An irritated Bey strikes a French ambassador with a fan, Algiers is occupied, and in the course of a few years France finds herself charged with the cares of a colonial empire. A company of traders on the far side of the world bring about conditions which force England, against her will, to assume the burden of governing the millions of India. Certain bondholders so involve her in the entangling meshes of Egyptian affairs that thereafter all the struggles and writhings of her statesmen serve only to draw tighter her bonds. Even the Romans were not intentionally the conquerors of the world.1 Verily, as McKinley said, the march of events rules and overrules

1 "Events have generally evolved themselves so that a contest has arisen out of comparatively insignificant causes, such as a border line or a commercial right of way, and the conqueror by his mere victory has been obliged to enlarge the boundaries of his country. Even the Romans were not intentionally the conquerors of the world." Delbrück, Contemporary Review, Oct., 1909.

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