SPAIN AND AMERICA.

New Zealand Herald, Volume XXXVI, Issue 10969, 25 January 1899, Page 5

SPAIN AND AMERICA.

THE PHILIPPINES.

DISCUSSION IN THE AMERICAN

senate.

QUESTION OF PERMANENT SOVEREIGNTY.

RELEASE OF PRISONERS.

By Telegraph.—Press

Washington, January 23. Senator Davis, to whom was entrusted t.lio charge of the Spanish-American peace treaty in the Senate, on learning that 36 senators were opposed to the terms of the treaty, stated that he would rather allow the ratification to stand over till next session than abandon permanent sovereignty over the Philippines. The American Government- have invited tenders for the conveyance of 16,000 Spanish soldiers from the Philippines to Spain. Manila, January 23. The Filipino insurgents at Iloilo have authorised the release of the civilians held as prisoners by them. The military prisoners will be released afterwards. THE TREATY. The Paris correspondent of tho Times give* the following as the text of tho Hispano American Treaty:— "Spain relinquishes all claims of 6* vereignty over and title to Cuba; and as the island is, upon its evacuation by Spain, to be occupied by the United States, the latter will, bo long as such occupation shall last, assume and discharge the obligations in respect to protection of life and property which may under international law result from its occupation. "Spain cedes to the United States thei Isltnd of Puerto Rico and the other islands now under Spanish sovereignty in the West Indies, with Guam, in the Marianao or Ladrone Islands. Spain cedes to the United States the archipelago known as the Philippine Islands. " The United States will, for a term of 10 years from the date and exchange of ratifications of the present treaty, admit Spanish ships and merchandise to tho ports of the Philippine Islands on the same terms as the ships and merchandise of the United States. " The United States will, on 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 soldierti in question shall be restored to them. Spain will, upon the signature of the present treaty, release all prisoners of war and all persona detained or imprisoned for political offences in connection with the insurrection in Cuba and the Philippines and the war with the United Stales.

" On its part the United States will release all persona 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 United States will, nt its own cost, return to Spain, and the Government of Spain will, at its own cost, return to the United States, Cuba, Puerto Rico, 01 the Philippines, according to the situation of their respective homes, the prisoners released or caused to be released by them respectively under this provision. "The United States and Spain mutually relinquish all claim for indemnity, national and individual, of every kind, of cither Government or of 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 under this stipulation. " 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 its proceeds, and they shall also have the right to carry on their industry, commerce, and professions, subject in respect thereof to such laws as are applicable to other foreigners. In the event of their remaining in the territory thej may preserve their allegiance to the Crown of Spain, by making, before a court of record, within a year from the date of exchange of ratifications of the treaty, a declaration of their decision to preserve such alliance, 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 territory hereby ceded to the United States shall be determined by Congress. The inhabitants of the territory over which Spain relinquishes or cedes hei sovereignty shall be secured in th» free exercise of their religion. " Spaniards residing in the territories over which Spain, by this treaty, cedes or re» linquishes her sovereignty shall be subject inf matters civil as well as criminal to the jurisdiction of the courts of the country in which' they reside, pursuant to the ordinary latfs governing the same, and they shall have the right to appear before such court and to pursue the same course as citizens of the country to which the courts belong. "The right of property secured by copy* rights and patents acquired by the Spaniard* in the Island of Cuba and in Puerto Rico, and the Philippines, and tho other ceded territories at the time of the exchange of the ratifications of the treaty shall continue and be respected. Spanish scientific, literary, and artistic works, not subversive of public order in the territories, shall continue to be admitted free of duty into such territories for a period of 10 years, to be reckoned from the date of the exchange of the ratifications of the treaty. '"Spain shall liavo the right to establish! Consular officers in the ports and other places of tho territories, sovereignty over which his been either relinquished or ceded by the pre* sent treaty. The Government of each country will, for a term of 10 years from the exchange of ratifications, accord to the mei> chant vessels of the other country the same treatment in respect of all port charges, including estrance and clearance duties, light dues and tonnage duties, as it accords to its own merchant vessels r.ot engaged in coastwise trade. This provision may at any time be terminated on six months' notice given by either Government to the other. " It is understood that any obligation assumed in this treaty by the United States,with respect to Cuba, is limited to the time of the occupation by the United States of that is land, but the United States Government will, upon the termination of such occupation, advise any government established in the island to assume the same obligations."