CONTENTS
OF THIS BOOK:
INTRODUCTORY
ESSAY
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CHAPTER
1
UDHR '48: A
Cause for Celebration
CHAPTER
2
TP '98: A Cause for Indignation
CHAPTER3
Decade-old Document
Dissected
CHAPTER
4
Response
to the Spanish Response
CHAPTER
5
Response to the American Non-Response
EPILOGUE 1
Demands of Dignity
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TO THE MAIN PARTS OF THE Demands
of Dignity BOOK:
Introductory Essay
by Bernard Karganilla, Kamalaysayan chair
Introduction:
Campaigning for Deeper, Broader Discourse
CHAPTERS:
Introduction Ch.1
Ch.2
Ch.3
Ch.4 Ch.5
Epilogue
Bibliography
Alphabetical
Index
Publication
Information
The
Author: Ed Aurelio Reyes
The
Publisher: Kamalaysayan GENERAL
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Chapter Two
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Appendix
2-A
Treaty
of Paris, 1898
TREATY
OF PEACE
of
December Tenth Eighteen Hundred Ninety Eight
The President of the United States of America and Her
Majesty The Queen Regent of Spain, in the name of her august son Don
Alfonso XIII, desiring to end the state of war now existing between the
two countries, have for that purpose appointed as plenipotentiaries:
The President of the United States,
William R. Day, Cushman K. Davis, William P. Frye, George Gray, and
Whitelaw Reid, citizens of the United States;
And her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, president of the Senate, Don Buenaventura de
AbTPe court. Don Wenceslao Ramirez de Villa Urrutia, envoy extraordinary
and minister plenipotentiary at Brussels, and Don Rafael Cerero, General
of Division;
Who, having assembled in Paris, and having exchanged their full powers,
which were found to be in due and proper form, after discussion of the
matters before them, agreed upon the following articles:
ARTICLE I
Spain relinquishes all claim of sovereignty over the title to
Cuba, And as the Island is, upon its evacuation by Spain will, so long
as such occupation shall last, assume and discharge the obligation that
may under international law result from the fact of its 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
Philippines 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 Bacchi, from the one hundred and eighteenth to the
one hundred and eighteenth to the one hundred and twenty-seventh degree
meridian of longitude east of Greenwich, thence along the parallel and
forty-five minutes north latitude to its intersection with the meridian
of longitude one hundred and nineteen degrees and thirty-five minutes
east of Greenwich to the parallel of latitude seven degrees and forty
minutes north to its intersection with the one hundred and sixteenth
degree meridian of longitude east of Greenwich, and thence along the one
hundred and eighteenth 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, within three months after the exchange of the
ratifications of the present treaty.
ARTICLE IV
The United States will, for the term of ten years from the
date of the exchange of the ratifications of the present treaty, admit
Spanish ships and merchandise to the ports of the Philippine Islands on
the same terms as ships and merchandise of the United States.
ARTICLE V
The United States will, upon the signature of the present
treaty, send back to Spain, at its own cost, the Spanish soldiers taken
as prisoners of war on the capture of Manila by the American forces. The
arms of the soldiers in question shall be restored to them.
Spain will, upon the exchange of the ratification 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 Island in the West Indies, under the protocol of August twelfth,
eighteen hundred and ninety-eight, 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 ordinance, exclusive of filled
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 a
satisfactory agreement between the two governments on the subject shall
be reached.
ARTICLE VI
Spain will, upon the signature of the present treaty, release
all prisoners of war, and all persons detained or imprisoned for
political 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, 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 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 One, Two, and
Three of this Treaty, Spain relinquishes in Cuba, and cedes in Porto
Rico and other islands of the West Indies, in the Island of Guam, and in
the Philippine Archipelago, all the buildings, wharves, public which, in
conformity with law, belong to the public domain, and as such belong to
the Crown of Spain.
And it is hereby declared that the relinquishment or
cession, as the case may be, to which the preceding paragraph refers,
can not in any respects impair the property of rights which law belong
to the peaceful procession of property of all kinds, of provinces,
municipalities, public or private establishments, ecclesiastical or
civil bodies, or any other associations, having legal capacity to
acquire and possess property in the aforesaid whatsoever nationality
such individuals may be.
The aforesaid relinquishment of 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 respects 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 executive or judicial archives, be the latter in
Spain or in the islands aforesaid.
ARTICLE IX
Spanish subject,
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 rights 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
Congress.
ARTICLE
X
The
inhabitants of the territories over which Spain relinquishes or cedes
her sovereignty shall be secured in the free exercise of their religion.
ARTICLE
XI
The
Spaniards residing in the territories over which Spain by this treaty
cedes or relinquishes her sovereignty shall be subject in matters civil
as criminal to the jurisdiction of the courts of the country wherein
they reside, pursuant to the ordinary laws governing the same, and they
shall have the right to appear before such courts; and to pursue the
same course as citizens of the country to which the courts belong.
ARTICLE
XII
Judicial
proceedings pending at the time of the exchange of ratifications of this
treaty in the territories over which Spain relinquishes or cedes her
sovereignty shall be determined according to the following rules.
1.
Judgments rendered either in civil suits between private
individuals, or in criminal matters, before the date mentioned, and with
respect to which there is no recourse or right of review under the
Spanish law, shall deemed to be final, and shall be executed in due from
by competent authority in the territory within which such judgments
should be carried out.
2.
Civil suits between private individuals which may on the date
mentioned be undetermined shall be prosecuted to judgment before the
court in which they may then be pending or in the court that may be
substituted therefor.
3.
Criminal actions pending on the date mentioned before the supreme
court of Spain against citizens of the territory which by this treaty
ceases to be Spanish shall continue under its jurisdiction until final
judgment; but such judgment having been rendered, the execution thereof
shall be committed to the competent authority of the place in which the
case arose.
ARTICLE XIII
The
rights of property secured by copyrights and patents acquired by
Spaniards in the Island of Cuba, and in Porto Rico, the Philippines, and
other ceded territories, at the time of the exchange of the
ratifications of this treaty, shall continue to be respected. Spanish
scientific, literary and artistic works, not subversive of public order
in the territories in question, shall continue to be admitted free of
duty into such territories, for the period of ten years, to be reckoned
from the date of exchange of the ratifications of this treaty.
ARTICLE
XIV
Spain
shall have the power to establish consular officers in the ports and
places of the territories, the sovereignty over which has been either
relinquished or ceded by the present treaty.
ARTICLE
XV
The
Government of each country will, for the term of ten years, accord to
the merchant vessels of the other country the same treatment in respect
of all port charges, including entrance and clearance due, lights 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.
ARTICLE
XVI
It
is understood that any obligations assumed in this treaty by the United
States, with respect to Cuba are limited to the time of its occupancy,
advise any Government established in the island to assume the same
obligations.
ARTICLE
XVII
The
present treaty shall be ratified by the President of the United States,
by and with the advice and consent of the Senate thereof, and by Her
majesty, the Queen Regent of Spain; and the ratifications shall be
exchanged at Washington within six months from the date hereof, or
earlier if possible.
In
faith whereof, we, the respective plenipotentiaries, have signed this
treaty and have hereunto affixed our seals. One in duplicate at Paris,
the tenth day of December, in the year of our Lord one thousand eight
hundred and ninety-eight.
(Seal)
William R. Day.
(Seal)
Cushman K. Davis.
(Seal)
William P. Fyre.
(Seal)
George Gray.
(Seal)
Whitelaw Reid.
(Seal)
Eugenio Montero Rios.
(Seal)
B. De Abarzuza.
(Seal)
J. de Garnica.
(Seal)
W. R. De Villa Urrutia.
(Seal)
Rafael Cerero
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APPENDICES:
App 2-A:
Treaty of Paris, 1898
App 2-B:
War
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