schleyREAR-ADMIRAL WINFIELD SCOTT SCHLEY.
REAR-ADMIRAL WINFIELD SCOTT SCHLEY.
It had been just one month, to a day, since Hobson sunk theMerrimacat the harbor's mouth to keep Cervera in, and for nearly one month and a half the fleets of Schley and Sampson had lain, like watch-dogs before the gate, without for one moment relaxing their vigilance. The quiet of Sunday morning brooded over the scene. Even the winds seemed resting from their labors and the sea lay smooth as glass. For two days before, July 1st and 2d, the fleets had bombarded the forts of Santiago for the fourth time, and all the ships, except theOregon, had steam down so low as to allow them a speed of only five knots an hour. At half-past nine o'clock the bugler sounded the call to quarters, and the Jackies appeared on deck rigged in their cleanest clothes for their regular Sunday inspection. On board theTexasthe devout Captain Philip had sounded the trumpet-call to religious services. In an instant a line of smoke was seen coming out of the harbor by the watch on theIowa, and from that vessel's yard a signal was run up—"The enemy is escaping to the westward." Simultaneously, from her bridge a six-pounder boomed on the still air to draw the attention of the other ships to her fluttering signal. On every vessel white masses were seen scrambling forward. Jackies and firemen tumbled over one another rushing to their stations. Officers jumped into the turrets through manholes, dressed in their best uniforms, and captains rushed to their conning towers. There was no time to waste—scarcely enough to get the battle-hatches screwed on tight. Jingle, jingle, went the signal-bells in the engine-rooms, and "Steam! Steam!" the captains cried through the tubes. Far below decks, in 125 to 150 degrees of heat, naked men shoveled in the black coal and forced drafts were put on.
One minute after theIowafired her signal-gun she was moving toward the harbor. From under the Castle of Morro came Admiral Cervera's flagship, theInfanta Maria Teresa, followed by her sister armored cruisers,Almirante OquendoandVizcaya—so much alike that they could not be distinguished at any distance. There was also the splendidCristobal Colon, and after them all the two fine torpedo-boat destroyers,PlutonandFuror. TheTeresaopened fire as she sighted the American vessels, as did all of her companions, and the forts from the heights belched forth at the same time. Countless geysers around our slowly approaching battleships showed where the Spanish shells exploded in the water. The Americans replied. The battle was on, but at a long range of two or three miles, so that the secondary batteries could not be called into use; but thirteen-inch shells from theOregonandIndianaand the twelve-inch shells from theTexasandIowawere churning up the water around the enemy. At this juncture it seemed impossible for the Americans to head off the Spanish cruisers from passing the western point, for they had come out of the harbor at a speed of thirteen and one-half knots an hour, for which the blockading fleet was not prepared. But Admiral Sampson's instructions were simple and well understood—"Should the enemy come out, close in and head him off"—and every ship was now endeavoring to obey that standing command while they piled on coal and steamed up.
Meanwhile, from the rapidly approachingNew Yorkthe signal fluttered—"Close into the mouth of the harbor and engage the enemy;" but the admiral was too far away, or the men were too busy to see this signal, which they were, nevertheless, obeying to the letter.
It was not until the leading Spanish cruiser had almost reached the western point of the bay, and when it was evident that Cervera was leading his entire fleet in one direction, that the battle commenced in its fury. TheIowaand theOregonheaded straight for the shore, intending to ram if possible one or more of the Spaniards. TheIndianaand theTexaswere following, and theBrooklyn, in the endeavor to cut off the advance ship, was headed straight for the western point. The little unprotectedGloucestersteamed right across the harbor mouth and engaged theOquendoat closer range than any of the other ships, at the same time firing on theFurorandPluton, which were rapidly approaching.
It then became apparent that theOregonandIowacould not ram, and that theBrooklyncould not head them off, as she had hoped, and, turning in a parallel course with them, a running fight ensued. Broadside after broadside came fast with terrific slaughter. The rapid-fire guns of theIowanearest theTeresaenveloped the former vessel in a mantle of smoke and flame. She was followed by theOregon,Indiana,Texas, andBrooklyn, all pouring a rain of red-hot steel and exploding shell into the fleeing cruisers as they passed along in their desperate effort to escape. TheFurorandPlutondashed like mad colts for theBrooklyn, and Commodore Schley signaled—"Repel torpedo-destroyers." Some of the heavy ships turned their guns upon the little monsters. It was short work. Clouds of black smoke rising from their thin sides showed how seriously they suffered as they floundered in the sea.
watsonREAR-ADMIRAL JOHN C. WATSON.Commander of the Blockading Fleet at Havana.
REAR-ADMIRAL JOHN C. WATSON.Commander of the Blockading Fleet at Havana.
TheBrooklynandOregondashed on after the cruisers, followed by the other big ships, leaving theFurorandPlutonto theGloucester, hoping theNew York, which was coming in the distance, would arrive in time to help her out if she needed it. The firing from the main and second batteries of all the battleships—Oregon,Iowa,Texas—and the cruiserBrooklynwas turned upon theVizcaya,Teresa, andOquendowith such terrific broadsides and accuracy of aim that the Spaniards were driven from their guns repeatedly; but the officers gave the men liquor and drove them back, beating and sometimes shooting down those who weakened, without mercy; but under the terrific fire of the Americans the poor wretches were again driven away or fell mangled by their guns or stunned from the concussions of the missiles on the sides of their ships.
Presently flames and smoke burst out from theTeresaand theOquendo. The fire leaped from the port-holes; and amid the din of battle and above it all rose the wild cheers of the Americans as both these splendid ships slowly reeled like drunken men and headed for the shore. "They are on fire! We've finished them," shouted the gunners. Down came the Spanish flags. The news went all over the ships—it being commanded by Commodore Schley to keep everyone informed, even those far below in the fire-rooms—and from engineers and firemen in the hot bowels of the great leviathans to the men in the fighting-tops the welkin rang until the shins reverberated with exuberant cheers.
This was 10.20a.m.Previously, the two torpedo boats had gone down, and only two dozen of their 140 men survived, these having been picked up by theGloucester, which plucky little unprotected "dare-devil," not content with the destruction she had courted and escaped only as one of the unexplainable mysteries of Spanish gunnery, was coming up to join the chase after bigger game; and it was to Lieutenant Wainwright, her commander, that Admiral Cervera surrendered. TheMaine wasavenged. (Lieutenant Wainwright was executive officer on that ill-fated vessel when she was blown up February 15th.) Cervera was wounded, hatless, and almost naked when he was taken on board theGloucester. Lieutenant Wainwright cordially saluted him and grasped him by the hand, saying, "I congratulate you, Admiral Cervera, upon as gallant a fight as was ever made upon the sea." He placed his cabin at the service of Cervera and his officers, while his surgeon dressed their wounds and his men did all they could for their comfort—Wainwright supplying the admiral with clothing. Cervera was overcome with emotion, and the face of the old gray-bearded warrior was suffused in tears. TheIowaandIndianacame up soon after theGloucesterand assisted in the rescue of the drowning Spaniards from theOquendoandTeresa, after which they all hurried on after the vanishingBrooklynandOregon, which were pursuing theVizcayaandColon, the only two remaining vessels of Cervera's splendid fleet. From pursuer and pursued the smoke rose in volumes and the booming guns over the waters sang the song of destruction.
In twenty-four minutes after the sinking of theTeresaandOquendo, theVizcaya, riddled by theOregon'sgreat shells and burning fiercely, hauled down her flag and headed for the shore, where she hung upon the rocks. In a dying effort she had tried to ram theBrooklyn, but the fire of the big cruiser was too hot for her. TheTexasand the littleVixenwere seen to be about a mile to the rear, and theVizcayawas left to them and theIowa, the latter staying by her finally, while theTexasandVixenfollowed on.
It looked like a forlorn hope to catch theColon. She was four and one-half miles away. But theBrooklynand theOregonwere running like express trains, and theTexassped after the fugitives with all her might. The chase lasted two hours. Firing ceased, and every power of the ship and the nerve of commodore, captains, and officers were devoted to increasing the speed. Men from the guns, naked to the waist and perspiring in streams, were called on deck for rest and an airing. It was a grimy and dirty but jolly set of Jackies, and jokes were merrily cracked as they sped on and waited. Only the men in the fire-rooms were working as never before. It was their battle now, a battle of speed. At 12.30 it was seen the Americans were gaining. Cheers went up and all was made ready. "We may wing that fellow yet," said Commodore Schley, as he commanded Captain Clark to try a big thirteen-inch shell. "Remember the Maine" was flung out on a pennant from the mast-head of theOregon, and at 8,500 yards she began to send her 1,000-pound shots shrieking over theBrooklynafter the flying Spaniard. One threw tons of water on board the fugitive, and theBrooklyna few minutes later with eight-inch guns began to pelt her sides. Everyone expected a game fight from the proud and splendidColonwith her smokeless powder and rapid-fire guns; but all were surprised when, after a feeble resistance, at 1.15 o'clock her captain struck his colors and ran his ship ashore sixty miles from Santiago, opening her sea-valves to sink her after she had surrendered.
Victory was at last complete. As theBrooklynandOregonmoved upon the prey word of the surrender was sent below, and naked men poured out of the fire-rooms, black with smoke and dirt and glistening with perspiration, but wild with joy. Commodore Schley gazed down at the grimy, gruesome, joyous firemen with glistening eyes suspicious of tears, and said, in a husky voice, eloquent with emotion, "Those are the fellows who made this day." Then he signaled—"The enemy has surrendered." TheTexas, five miles to the east, repeated the signal to Admiral Sampson some miles further away, coming at top speed of theNew York. Next the commodore signaled the admiral—"A glorious victory has been achieved. Details communicated later." And then, to all the ships, "This is a great day for our country," all of which were repeated by theTexasto the ships further east. The cheering was wild. Such a scene was never, perhaps, witnessed upon the ocean. Admiral Sampson arrived before theColonsank, and placing the great nose of theNew Yorkagainst that vessel pushed her into shallow water, where she sank, but was not entirely submerged. Thus perished from the earth the bulk of the sea power of Spain.
shafterMAJOR-GENERAL WILLIAM R. SHAFTER.
MAJOR-GENERAL WILLIAM R. SHAFTER.
The Spanish losses were 1,800 men killed, wounded, and made prisoners, and six ships destroyed or sunk, the property loss being about $12,000,000. The American loss was one man killed and three wounded, all from theBrooklyn, a result little short of a miracle from the fact that theBrooklynwas hit thirty-six times, and nearly all the ships were struck more than once.
The prisoners were treated with the utmost courtesy. Many of them were taken or rescued entirely naked, and scores of them were wounded. Their behavior was manly and their fortitude won the admiration of their captors. Whatever may be said of Spanish marksmanship, there is no discount on Spanish courage. After a short detention Cervera and his captured sailors were sent north to New Hampshire and thence to Annapolis, where they were held until released by order of President McKinley, August 31st.
THREATENED BOMBARDMENT OF SANTIAGO AND FLIGHT OF THE REFUGEES.
On July 3d, while the great naval duel was in progress upon the sea, General Shafter demanded the surrender of Santiago upon pain of bombardment. The demand was refused by General Toral, who commanded the forces after the wounding of General Linares. General Shafter stated that he would postpone the bombardment until noon of July 5th to allow foreigners and non-combatants to get out of the city, and he urged General Toral in the name of humanity to use his influence and aid to facilitate the rapid departure of unarmed citizens and foreigners. Accordingly late in the afternoon of July 4th General Toral posted notices upon the walls of Santiago advising all women, children, and non-combatants that between five and nine o'clock on the morning of the 5th they might pass out by any gate of the city, all pilgrims going on foot, no carriages being allowed, and stating that stretchers would be provided for the crippled.
Promptly at five o'clock on the following morning a great line of pilgrims wound out of Santiago. It was no rabble, but well-behaved crowds of men and women, with great droves of children. About four hundred persons were carried out on litters. Many of the poorer women wore large crucifixes and some entered El Caney telling their beads. But there were many not so fortunate as to reach the city. Along the highroads in all directions thousands of families squatted entirely without food or shelter, and many deaths occurred among them. The Red Cross Society did much to relieve the suffering, but it lacked means of transporting supplies to the front.
santiagoTHE SURRENDER OF SANTIAGO, JULY 17, 1898.After a little ceremony the two commanding Generals faced each other, and General Toral, speaking in Spanish, said: "Through fate I am forced to surrender to General Shafter of the American Army the city and strongholds of the City of Santiago." General Shafter in reply said: "I receive the city in the name of the Government of the United States."
THE SURRENDER OF SANTIAGO, JULY 17, 1898.After a little ceremony the two commanding Generals faced each other, and General Toral, speaking in Spanish, said: "Through fate I am forced to surrender to General Shafter of the American Army the city and strongholds of the City of Santiago." General Shafter in reply said: "I receive the city in the name of the Government of the United States."
While the flag of truce was still flying on the morning of July 6th a communication was received from General Toral, requesting that the time of truce be further extended, as he wanted to communicate again with the Spanish government at Madrid concerning the surrender of the city; and, further, that the cable operators, who were Englishmen and had fled to El Caney with the refugees, be returned to the city that he might do so. General Shafter extended the truce until four o'clock on Sunday, July 10th, and the operators returned from El Caney to work the wires for General Toral. During all this time the refugees continued to throng the roads to Siboney and El Caney, until 20,000 fugitives were congregated at the two points. It is a disgraceful fact, however, that while this truce was granted at the request of the Spanish general, it was taken advantage of by the troops under him to loot the city. Both Cuban and Spanish families suffered from their rapacity.
milesMAJOR-GENERAL NELSON A. MILES.
MAJOR-GENERAL NELSON A. MILES.
THE LAST BATTLE AND THE SURRENDER OF THE CITY.
On July 8th and 10th the two expeditions of General Miles arrived, reinforcing General Shafter's army with over 6,000 men. General Toral was acquainted with the fact of their presence, and General Miles urgently impressed upon him that further resistance could but result in a useless loss of life. The Spanish commander replied that he had not received permission to surrender, and if the Americans would not wait longer he could only obey orders of his government, and that he and his men would die fighting. Accordingly a joint bombardment by the army and navy was begun. The artillery reply of the Spaniards was feeble and spiritless, though our attack on the city was chiefly with artillery. They seemed to depend most upon their small arms, and returned the volleys fired from the trenches vigorously. Our lines were elaborately protected with over 22,000 sand-bags, while the Spaniards were protected with bamboo poles filled with earth. In this engagement the dynamite gun of the Rough Riders did excellent service, striking the enemy's trenches and blowing field-pieces into the air. The bombardment continued until the afternoon of the second day, when a flag of truce was displayed over the city. It was thought that General Toral was about to surrender, but instead he only asked more time.
On the advice of General Miles, General Shafter consented to another truce, and, at last, on July 14th, after an interview with Generals Miles and Shafter, in which he agreed to give up the city on condition that the army would be returned to Spain at the expense of America, General Toral surrendered. On July 16th the agreement, with the formal approval of the Madrid and Washington governments, was signed in duplicate by the commissioners, each side retaining a copy. This event was accepted throughout the world as marking the end of the Spanish-American War.
The conditions of the surrender involved the following points:
"(1) The 20,000 refugees at El Caney and Siboney to be sent back to the city. (2) An American infantry patrol to be posted on the roads surrounding the city and in the country between it and the American cavalry. (3) Our hospital corps to give attention, as far as possible, to the sick and wounded Spanish soldiers in Santiago. (4) All the Spanish troops in the province, except ten thousand men at Holguin, under command of General Luque, to come into the city and surrender. (5) The guns and defenses of the city to be turned over to the Americans in good condition. (6) The Americans to have full use of the Juragua Railroad, which belongs to the Spanish government. (7) The Spaniards to surrender their arms. (8) All the Spaniards to be conveyed to Spain on board of American transports with the least possible delay, and be permitted to take portable church property with them."
"(1) The 20,000 refugees at El Caney and Siboney to be sent back to the city. (2) An American infantry patrol to be posted on the roads surrounding the city and in the country between it and the American cavalry. (3) Our hospital corps to give attention, as far as possible, to the sick and wounded Spanish soldiers in Santiago. (4) All the Spanish troops in the province, except ten thousand men at Holguin, under command of General Luque, to come into the city and surrender. (5) The guns and defenses of the city to be turned over to the Americans in good condition. (6) The Americans to have full use of the Juragua Railroad, which belongs to the Spanish government. (7) The Spaniards to surrender their arms. (8) All the Spaniards to be conveyed to Spain on board of American transports with the least possible delay, and be permitted to take portable church property with them."
TAKING POSSESSION OF SANTIAGO AND RAISING THE AMERICAN FLAG.
The formality of taking possession of the city yet remained to be done. To that end, immediately after the signing of the agreement by the commissioners, General Shafter notified General Toral that he would formally receive his surrender of the city the next day, Sunday, July 17th, at nine o'clock in the morning. Accordingly at about 8.30a.m., Sunday, General Shafter, accompanied by the commander of the American army, General Nelson A. Miles, Generals Wheeler and Lawton, and several officers, walked slowly down the hill to the road leading to Santiago. Under the great mango tree which had witnessed all the negotiations, General Toral, in full uniform, accompanied by 200 Spanish officers, met the Americans. After a little ceremony in military manœuvring, the two commanding generals faced each other, and General Toral, speaking in Spanish, said:
"Through fate I am forced to surrender to General Shafter, of the American army, the city and the strongholds of the city of Santiago."
General Toral's voice trembled with emotion as he spoke the words giving up the town to his victorious enemy. As he finished speaking the Spanish officers presented arms.
General Shafter, in reply, said:
"I receive the city in the name of the government of the United States."
wheelerGENERAL JOSEPH WHEELER.
GENERAL JOSEPH WHEELER.
The officers of the Spanish general then wheeled about, presenting arms, and General Shafter, with the American officers, cavalry and infantry, chosen for the occasion, passed into the city and on to the governor's palace, where a crowd, numbering 3,000 persons, had gathered. As the great bell in the tower of the cathedral nearby gave the first stroke of twelve o'clock the American flag was run up from the flag-pole on the palace, and as it floated to the breeze all hats were removed by the spectators, while the soldiers presented arms. As the cathedral bell tolled the last stroke of the hour the military band began to play "The Star-Spangled Banner," which was followed by "Three Cheers for the Red, White, and Blue." The cheering of the soldiers were joined by more than half of the people, who seemed greatly pleased and yelled "Viva los Americanos." The soldiers along almost the whole of the American line could see and had watched with alternating silence and cheers the entire proceeding.
GENERAL SHAFTER'S ANNOUNCEMENT OF THE VICTORY.
Having assigned soldiers to patrol and preserve order within the city, General Shafter and his staff returned to their quarters at camp, and the victorious commander, who two weeks before was almost disheartened, sent a dispatch announcing the formal surrender of Santiago. It was the first dispatch of the kind received at Washington from a foreign country for more than fifty years. The following extract from General Shafter's telegram sums up the situation:
"I have the honor to announce that the American flag has been this instant, 12 noon, hoisted over the house of the civil government in the city of Santiago. An immense concourse of people was present, a squadron of cavalry and a regiment of infantry presenting arms, and a band playing national airs. A light battery fired a salute of twenty-one guns.
"Perfect order is being maintained by the municipal government. The distress is very great, but there is little sickness in town, and scarcely any yellow fever.
"A small gunboat and about 200 seamen left by Cervera have surrendered to me. Obstructions are being removed from the mouth of the harbor.
"Upon coming into the city I discovered a perfect entanglement of defenses. Fighting as the Spaniards did the first day, it would have cost five thousand lives to have taken it.
"Battalions of Spanish troops have been depositing arms since daylight in the armory, over which I have a guard. General Toral formally surrendered the plaza and all stores at 9a.m.About 7,000 rifles, 600,000 cartridges, and many fine modern guns were given up.
"This important victory, with its substantial fruits of conquest, was won by a loss of 1,593 men killed, wounded, and missing. Lawton, who had the severe fighting around El Caney, lost 410 men. Kent lost 859 men in the still more severe assault on San Juan and the other conflicts of the centre. The cavalry lost 285 men, many of whom fell at El Caney, and the feint at Aguadores cost thirty-seven men. One man of the Signal Corps was killed and one wounded. Trying as it is to bear the casualties of the first fight, there can be no doubt that in a military sense our success was not dearly won."
Thus within less than thirty days from the time Shafter's army landed upon Cuban soil he had received the surrender not only of the city of Santiago, but nearly the whole of the province of that name—or about one-tenth of the entire island.
THE WAR IN PORTO RICO.
It was General Miles' original plan after establishing a blockade of Cuban ports to open the war in Porto Rico, and make no general invasion of Cuba during the sickly season, but the enclosure of Cervera's fleet in the harbor of Santiago changed the conditions and made it necessary to move a military force to that point before going elsewhere.
Now that Santiago had surrendered, according to the original plan of General Miles, the attention of the army and navy was again turned to Porto Rico, and the work of fitting out expeditions to that island was begun at once. There were three expeditions sent. The first under General Miles sailed from Guantanamo Bay, Cuba, July 21st; the second under General Ernst on the same day sailed from Charleston, S.C.; the third under General Brooke embarked at Newport News on July 26th. All of these expeditions, aggregating about 11,000 men, were convoyed by war-ships, and successfully landed. The first, under General Miles, reached Guanica at daylight on July 25th, where a Spanish force attempted to resist their landing, but a few well-directed shells from theMassachusetts,Gloucester, andColumbiasoon put the enemy to flight. A party then went ashore and pulled down the Spanish flag from the blockhouse—the first trophy of war from Porto Rican soil. As the troops began to land the Spaniards opened fire upon them. The Americans replied with their rifles and machine guns, and the ships also shelled the enemy from the harbor. Five dead Spaniards were found after the firing had ceased. Not an American was touched.
Before nightfall all the troops were landed. The next day General Miles marched toward Ponce. Four men were wounded in a skirmish at Yauco on the way, but at Ponce, where General Ernst's expedition from Charleston met them and disembarked on July 28th, the Spaniards fled on the approach of the Americans, whom the mayor of the city and the people welcomed with joy, making many demonstrations in their honor and offering their services to hunt and fight the Spaniards. General Miles issued a proclamation to the people declaring clearly the United States' purpose of annexing them. The mayor of Ponce published this proclamation, with an appeal from himself to the people to salute and hail the American flag as their own, and to welcome and aid the American soldiers as their deliverers and brothers.
On August 4th General Brooke arrived, and the fleet commander, Captain Higginson, with little resistance opened the port of Arroyo, where they were successfully landed the next day, and General Haines' brigade captured the place with a few prisoners.
The Americans were then in possession of all the principal ports on the south coast, covering between fifty and sixty miles of that shore. A forward movement was inaugurated in three divisions—all of which we will consider together—the object of General Miles being to occupy the island and drive the Spanish forces before him into San Juan, and by the aid of the fleet capture them there in a body, though the Spanish forces numbered 8,000 regulars and 9,000 volunteers, against which were the 11,000 land forces of the Americans and also their fleet.
The town of Coamo was captured August 9th after half an hour of fighting by Generals Ernst and Wilson, the Americans driving the Spaniards from their trenches, and sustaining a loss of six wounded. On the 10th General Schwan encountered 1,000 Spaniards at Rosario River. This was the most severe engagement in Porto Rico. The Spaniards were routed, with what loss is unknown. The Americans had two killed and sixteen wounded.
On the 11th General Wilson moved on to Abonito and found the enemy strongly intrenched in the mountain fastnesses along the road. He ventured an attack with artillery, sustaining a loss of one man killed and four wounded. On pain of another attack he sent a messenger demanding the surrender of the town of Abonito; but the soldierly answer was sent back: "Tell General Wilson to stay where he is if he wishes to avoid the shedding of much blood." General Wilson concluded to delay until General Brooke could come up before making the assault, and, while thus waiting, the news of peace arrived.
Meantime General Brooke had been operating around Guayama, where he had five men wounded. At three o'clock, August 12th, the battle was just opening in good order, and a great fight was anticipated. The gunners were sighting their first pieces when one of the signal corps galloped up with the telegram announcingpeace. "You came just fifteen minutes too soon. The troops will be disappointed," said General Brooke, and they were.
So ended the well-planned campaign of Porto Rico, in which General Miles had arranged, by a masterly operation with 11,000 men, the occupation of an island 108 miles long by thirty-seven broad. As it was, he had already occupied about one-third of the island with a loss of only three killed and twenty-eight wounded, against a preponderating force of 17,000 Spaniards.
After the signing of the protocol of peace General Brooke was left in charge of about half the forces in Porto Rico, pending a final peace, while General Miles with the other half returned to the United States, where he arrived early in September and was received with fitting ovations in New York, Philadelphia, and Washington, at which latter city he again took up his quarters as the Commander of the American Army.
THE CONQUEST OF THE PHILIPPINES.
After Dewey's victory at Manila, already referred to, it became evident that he must have the co-operation of an army in capturing and controlling the city. The insurgents under General Aguinaldo appeared anxious to assist Admiral Dewey, but it was feared that he could not control them. Accordingly, the big monitorMontereywas started for Manila and orders were given for the immediate outfitting of expeditions from San Francisco under command of Major-General Wesley Merritt. The first expedition consisted of between 2,500 and 3,000 troops, commanded by Brigadier-General Anderson, carried on three ships, theCharleston, theCity of Pekin, and theCity of Sydney. This was the longest expedition (about 6,000 miles) on which American troops were ever sent, and the men carried supplies to last a year. TheCharlestongot away on the 22d, and the other two vessels followed three days later. The expedition went through safely, arriving at Manila July 1st. TheCharlestonhad stopped on June 21st at the Ladrone Islands and captured the island of Guam without resistance. The soldiers of the garrison were taken on as prisoners to Manila and a garrison of American soldiers left in charge, with the stars and stripes waving over the fortifications.
war roomIN THE WAR ROOM AT WASHINGTON.The above illustration shows President McKinley, Secretary Long, Secretary Alger, and Major-General Miles consulting map during the progress of the Spanish-American War. It is in this room that the plans of conducting the war by land and sea, are formulated, and the commands for action are wired to the fleet and the army.
IN THE WAR ROOM AT WASHINGTON.The above illustration shows President McKinley, Secretary Long, Secretary Alger, and Major-General Miles consulting map during the progress of the Spanish-American War. It is in this room that the plans of conducting the war by land and sea, are formulated, and the commands for action are wired to the fleet and the army.
The second expedition of 3,500 men sailed June 15th under General Greene, who used the steamerChinaas his flagship. This expedition landed July 16th at Cavite in the midst of considerable excitement on account of the aggressive movements of the insurgents and the daily encounters and skirmishes between them and the Spanish forces.
On June 23d the monitorMonadnocsailed to further reinforce Admiral Dewey, and four days later the third expedition of 4,000 troops under General McArthur passed out of the Golden Gate amid the cheers of the multitude, as the others had done; and on the 29th General Merritt followed on theNewport. Nearly one month later, July 23d, General H.G. Otis, with 900 men, sailed on theCity of Rio de Janeirofrom San Francisco, thus making a total of nearly 12,000 men, all told, sent to the Philippine Islands.
General Merritt arrived at Cavite July 25th, and on July 29th the American forces advanced from Cavite toward Manila. On the 31st, while enroute, they were attacked at Malate by 3,000 Spaniards, whom they repulsed, but sustained a loss of nine men killed and forty-seven wounded, nine of them seriously. This was the first loss of life on the part of the Americans in action in the Philippines. The Spanish casualties were much heavier. On the same day General McArthur's reinforcements arrived at Cavite, and several days were devoted to preparations for a combined land and naval attack.
merrittMAJOR-GENERAL WESLEY MERRITT.
MAJOR-GENERAL WESLEY MERRITT.
On August 7th Admiral Dewey and General Merritt demanded the surrender of the city within forty-eight hours, and foreign war-ships took their respective subjects on board for protection. On August 9th the Spaniards asked more time to hear from Madrid, but this was refused, and on the 13th a final demand was made for immediate surrender, which Governor-General Augusti refused and embarked with his family on board a German man-of-war, which sailed with him for Hong Kong. At 9.30 o'clock the bombardment began with fury, all of the vessels sending hot shot at the doomed city.
In the midst of the bombardment by the fleet American soldiers under Generals McArthur and Greene were ordered to storm the Spanish trenches which extended ten miles around the city. The soldiers rose cheering and dashed for the Spanish earthworks. A deadly fire met them, but the men rushed on and swept the enemy from their outer defenses, forcing them to their inner trenches. A second charge was made upon these, and the Spaniards retreated into the walled city, where they promptly sent up a white flag. The ships at once ceased firing, and the victorious Americans entered the city after six hours' fighting. General Merritt took command as military governor. The Spanish forces numbered 7,000 and the Americans 10,000 men. The loss to the Americans was about fifty killed, wounded, and missing, which was very small under the circumstances.
In the meantime the insurgents had formed a government with Aguinaldo as president. They declared themselves most friendly to American occupation of the islands, with a view to aiding them to establish an independent government, which they hoped would be granted to them. On September 15th they opened their republican congress at Malolos, and President Aguinaldo made the opening address, expressing warm appreciation of Americans and indulging the hope that they meant to establish the independence of the islands. On September 16th, however, in obedience to the command of General Otis, they withdrew their forces from the vicinity of Manila.
PEACE NEGOTIATIONS AND THE PROTOCOL.
Precisely how to open the negotiations for peace was a delicate and difficult question. Its solution, however, proved easy enough when the attempt was made. During the latter part of July the Spanish government, through M. Jules Cambon, the French ambassador at Washington, submitted a note, asking the United States government for a statement of the ground on which it would be willing to cease hostilities and arrange for a peaceable settlement. Accordingly, on July 30th, a statement, embodying President McKinley's views, was transmitted to Spain, and on August 2d Spain virtually accepted the terms by cable. On August 9th Spain's formal reply was presented by M. Cambon, and on the next day he and Secretary Day agreed upon terms of a protocol, to be sent to Spain for her approval. Two days later, the 12th inst., the French ambassador was authorized to sign the protocol for Spain, and the signatures were affixed the same afternoon at the White House (M. Cambon signing for Spain and Secretary Day for the United States), in the presence of President McKinley and the chief assistants of the Department of State. The six main points covered by the protocol were as follows:
"1. That Spain will relinquish all claim of sovereignty over and title to Cuba.
"2. That Porto Rico and other Spanish islands in the West Indies, and an island in the Ladrones, to be selected by the United States, shall be ceded to the latter.
"3. That the United States will occupy and hold the city, bay, and harbor of Manila, pending the conclusion of a treaty of peace which shall determine the control, disposition, and government of the Philippines.
"4. That Cuba, Porto Rico, and other Spanish islands in the West Indies shall be immediately evacuated, and that commissioners, to be appointed within ten days, shall, within thirty days from the signing of the protocol, meet at Havana and San Juan, respectively, to arrange and execute the details of the evacuation.
"5. That the United States and Spain will each appoint not more than five commissioners to negotiate and conclude a treaty of peace. The commissioners are to meet at Paris not later than October 1st.
"6. On the signing of the protocol, hostilities will be suspended and notice to that effect be given as soon as possible by each government to the commanders of its military and naval forces."
On the very same afternoon President McKinley issued a proclamation announcing on the part of the United States a suspension of hostilities, and over the wires the word went ringing throughout the length and breadth of the land and under the ocean that peace was restored. The cable from Hong Kong to Manila, however, had not been repaired for use since Dewey had cut it in May; consequently it was several days before tidings could reach General Merritt and Admiral Dewey; and meantime the battle of Manila, which occurred on the 13th, was fought.
On August 17th President McKinley named commissioners to adjust the Spanish evacuation of Cuba and Porto Rico, in accordance with the terms of the protocol. Rear-Admiral Wm. T. Sampson, Senator Matthew C. Butler, and Major-General James F. Wade were appointed for Cuba, and Rear-Admiral W.S. Schley, Brigadier-General Wm. W. Gordon, and Major-General John R. Brooke for Porto Rico. In due time Spain announced her commissioners, and, as agreed, they met in September and the arrangements for evacuation were speedily completed and carried out.
President McKinley appointed as the National Peace Commission, Secretary of State Wm. R. Day, Senator Cushman K. Davis of Minnesota, Senator Wm. P. Frye of Maine, Senator George Gray of Delaware, and Mr. Whitelaw Reid of New York. Secretary Day resigned his State portfolio September 16th, in which he was succeeded by Colonel John Hay, former Ambassador to England. With ex-Secretary Day at their head the Americans sailed from New York, September 17th, met the Spanish Commissioners at Paris, France, as agreed, and arranged the details of the final peace between the two nations. Thus ended the Spanish-American War.
HOME-COMING OF OUR SOLDIERS.
After Spain's virtual acceptance of the terms of peace contained in President McKinley's note of July 30th, it was deemed unnecessary to keep all the forces unoccupied in the fever districts of Cuba and the unsanitary camps of our own country; consequently the next day after receipts of Spain's message of August 2d, on August 3d, the home-coming was inaugurated by ordering all cavalry under General Shafter at Santiago to be transported to Montauk Point, Long Island, and on the 6th instant transports sailed bearing those who were to come north. These were followed rapidly by others from Santiago, and later by about half the forces from Porto Rico under General Miles, and others from the various camps, so that by the end of September, 1898, nearly half of the great army of 268,000 men had been mustered out of service or sent home on furlough.
It is a matter of universal regret that so many of our brave volunteers died of neglect in camps and on transports, and that fever, malaria, and exposure carried several times the number to their graves as were sent there by Spanish bullets. Severe criticisms have been lodged against the War Department for both lack of efficiency and neglect in caring for the comfort, health, and life of those who went forward at their country's call.
However, it must be remembered that the War Department undertook and accomplished a herculean task, and it could not be expected, starting with a regular force of less than 30,000 men, that an army of a quarter of a million could be built up out of volunteers who had to be collected, trained, clothed, equipped, and provisioned, and a war waged and won on two sides of the globe, in a little over three months, without much suffering and many mistakes.
THE TREATY OF PEACE.
December 10, 1898, was one of the most eventful days in the past decade—one fraught with great interest to the world, and involving the destiny of more than 10,000,000 of people. At nine o'clock on the evening of that day the commissioners of the United States and those of Spain met for the last time, after about eleven weeks of deliberation, in the magnificent apartments of the foreign ministry at the French capital, and signed the Treaty of Peace, which finally marked the end of the Spanish-American War.
commissionersTHE UNITED STATES PEACE COMMISSIONERS OF THE SPANISH WARAppointed September 9, 1898. Met Spanish Commissioners at Paris, October 1st. Treaty of Peace signed by the Commissioners at Paris, December 10th. Ratified by the United States Senate at Washington, February 6, 1899.
THE UNITED STATES PEACE COMMISSIONERS OF THE SPANISH WARAppointed September 9, 1898. Met Spanish Commissioners at Paris, October 1st. Treaty of Peace signed by the Commissioners at Paris, December 10th. Ratified by the United States Senate at Washington, February 6, 1899.
This treaty transformed the political geography of the world by establishing the United States' authority in both hemispheres, and also in the tropics, where it had never before extended. It, furthermore, brought under our dominion and obligated us for the government of strange and widely isolated peoples, who have little or no knowledge of liberty and government as measured by the American standards. In this new assumption of responsibility America essayed a difficult problem, the solving of which involved results that could not fail to influence the destiny of our nation and the future history of the whole world.
On January 3, 1899, the Hon. John Hay, Secretary of State, delivered the Treaty of Peace to President McKinley, who, on January 4th, forwarded the same to the Senate of the United States with a view to its ratification. Below will be found the complete text of the treaty as submitted by the President.
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 (4-45) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119-35) east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119-35) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7-40) north, thence along the parallel of latitude seven degrees and forty minutes (7-40) 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 ratifications of the present treaty.ARTICLE IV.—The United States will, for the term of ten years from the day 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 calibers, with their carriages and accessories, powder, ammunition, live stock, 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 defenses 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 prisoners of war and all persons detained or imprisoned for political offenses 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, 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 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 secure 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 revenue 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.ArticleXIII.—The rights of property secured by copyrights and patents acquired by Spaniards in the Island de 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 days of the exchange of the ratifications of this treaty.ArticleXIV.—Spain will have the power to establish consular offices in the ports and places of the territories the sovereignty over which has been either relinquished or ceded by the present treaty.ArticleXV.—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.ArticleXVI.—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.ArticleXVII.—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 eighteen hundred and ninety-eight.WILLIAM R. DAY,WILLIAM P. FRYE,WHITELAW REID,B. DE ABARZUZA,W.R. DE VILLA URRUTIA,CUSHMAN K. DAVIS,GEORGE GRAY,EUGENIO M. RIOS,J. DE GARNICA,RAFAEL CERERO.
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 (4-45) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119-35) east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty-five minutes (119-35) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7-40) north, thence along the parallel of latitude seven degrees and forty minutes (7-40) 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 ratifications of the present treaty.
ARTICLE IV.—The United States will, for the term of ten years from the day 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 calibers, with their carriages and accessories, powder, ammunition, live stock, 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 defenses 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 prisoners of war and all persons detained or imprisoned for political offenses 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, 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 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 secure 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 revenue 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.
ArticleXIII.—The rights of property secured by copyrights and patents acquired by Spaniards in the Island de 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 days of the exchange of the ratifications of this treaty.
ArticleXIV.—Spain will have the power to establish consular offices in the ports and places of the territories the sovereignty over which has been either relinquished or ceded by the present treaty.
ArticleXV.—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.
ArticleXVI.—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.
ArticleXVII.—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 eighteen hundred and ninety-eight.
WILLIAM R. DAY,WILLIAM P. FRYE,WHITELAW REID,B. DE ABARZUZA,W.R. DE VILLA URRUTIA,CUSHMAN K. DAVIS,GEORGE GRAY,EUGENIO M. RIOS,J. DE GARNICA,RAFAEL CERERO.
The Queen Regent of Spain signed the ratification of the Treaty of Peace on March 17, 1899, and the final act took place on the afternoon of April 11th, when copies of the final protocol were exchanged at Washington by President McKinley and the French ambassador, M. Cambon, representing Spain. The President immediately issued a proclamation of peace, and thus the Spanish-American War came to an official end. A few weeks later the sum of $20,000,000 was paid to Spain, in accordance with the treaty, as partial compensation for the surrender of her rights in the Philippines, and diplomatic relations between the Latin kingdom and the United States were resumed.