Nr. 11985. loans and security of all kinds shall be returned to the lawful owners, wheVereinigte never proper, either because of the expiration of the time for which they und Spanien. were made, or because of the fulfilment of the principal obligations by them Staaten 6. Dez. 1898. guaranteed. This restitution shall be made by the Head of the Office where the sums of money were deposited, consigned, loaned, or given as security; and in default thereof by whoever is responsible for such sums under the law." || The American Commissioners stated that they rejected this article. || The following article, proposed by the Spanish Commissioners, was then read: 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." || This article the American Commissioners accepted. || The following article, proposed by the Spanish Commissioners, was then read: "Jurisdiction of Courts. The Spaniards residing in the said territories 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 said Courts,nd to pursue the same course as citizens of the country to which the Courts belong." || This article the American Commissioners accepted. || The following article, proposed by the Spanish Commissioners, was read: Civil and criminal actions and suits against the Government that may be pending at the time of the exchange of the ratifications of this treaty, to which the citizens of the countries the sovereignty over which has been relinquished or ceded are a party and who pursuant to such treaty cease to be Spaniards shall be tried and determined subject to the following rules: || "First. Judgments rendered either in civil or criminal matters, before the date aforesaid, and with respect to which there is no recourse, 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. "Second. Personal actions and cases against the Government which may be pending before the Courts of the Peninsula or the islands adjacent thereto, wherein a citizen of the said territories who by this treaty ceases to be a Spaniard is the plaintiff, shall, if the defendant is a Spaniard, continue to be tried in due form before the said Courts to the rendition of the final Staaten 6. Dez. 1898. judgment. Personal actions wherein the defendant is an inhabitant of the Nr. 11985. said territories which by this treaty cease to be Spanish, shall be tried by Vereinigte the competent Court of the domicile of the defendant. Actions "in rem" or und Spanien. mixed actions, when the immovable property in litigation is situate in the Peninsula or adjacent islands, shall be pursued to final judgment and until the same is executed before the Courts having cognizance thereof. || "Third. Criminal actions pending on said date before the Supreme Court of Spain against citizens of the territory relinquished and ceded, which ceases to be Spanish by this treaty, shall continue under its jurisdiction until final judgment; but this having been once rendered, the cases shall pass for execution to the jurisdiction of the competent Court at the place where the same should be carried out." || The American Commissioners proposed, in place of the foregoing article, the following: Judicial proceeding pending at 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 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." || The following article, proposed by the Spanish Commissioners, was read: "Copyrights and Patents. The rights of property secured by copyrights and patents acquired by Spaniards in the islands of Cuba, and Porto-Rico, the Philippines, and all other territories ceded, 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 said territories, shall continue to be admitted free of duty in the said territories, for twenty-five (25) years, to be reckoned from the date of the exchange of the ratifications of this treaty Staatsarchiv LXIII. 7 Nr. 11985. and the proprietary rights of their authors shall be protected for a like Vereinigte period." || The American Commissioners proposed, as a substitute, the following Staaten und Spanien. article: 8. Dez. 1898. "Copyright and Patents. "Article 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 the exchange of the ratifications of this treaty." || The reading of the articles proposed by the Spanish Commissioners having been completed, the President of the American Commission stated that it was his understanding that the articles proposed by the American Commissioners would be accepted or rejected by the Spanish Commissioners at the next meeting. || The President of the Spanish Commission replied that the Spanish Commissioners would pursue the same course with respect to the American articles as the American Commissioners had pursued with reference to the Spanish articles. || On motion of the American Commissioners the conference was adjourned till to-morrow, Wednesday, the 7th of December, without prejudice to the right of the Spanish Commissioners to request a postponement. William R. Day. Wm. P. Frye. Geo. Gray. Whitelaw Reid. John B. Moore. Nr. 11986. Staaten Nr. 11986. VEREINIGTE STAATEN und SPANIEN. 8. Dezember 1898. The Spanish Commissioners proposed that the American Commissioners Vereinigte modify the clause presented by them and mentioned in the protocol of the und Spanien. last session relating to the limiting of the obligations of the United States in 8. Dez. 1898. Cuba to the time of its occupation thereof. || The American Commissioners took this proposition under consideration and submitted to the Conference a new wording of the clause which was approved and which is as follows: || "It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of their occupancy thereof; but they will, upon the termination of such occupancy, advise any Government Vereinigte 8. Dez. 1898 established in the island to assume the same obligations." || The Spanish Nr. 11986. Commissioners observed that although the American Commissioners had re- Staaten jected at the last session the article presented by the Spanish Commissioners und Spanien. relating to the „Maine," they considered it their duty to insist upon this question being submitted to arbitration. || The American Commissioners answered, referring to the observations made by them on this subject at the last session. || The Spanish Commissioners replied that since this new proposal for arbitration was also rejected, they would ask the American Commissioners to be pleased to propose some method of clearing up the matter of the „Maine," and the responsibility growing out of it, so that the unjust prejudice against Spain shown in the United States by reason of an incomplete investigation might disappear, and the resentment of Spain, because the uprightness of her authorities or subjects, and the capacity of her administration to guarantee the safety in her ports of vessels of a nation with which she was at peace, had been placed in doubt, might also be blotted out. || The American Commissioners replied that they had no method to propose. || The President of the Spanish Commission, pursuant to the rules, presented a memorandum, which is hereto annexed, in support of the propositions rejected by the American Commissioners at the last session. || The American Interpreter proceeded to translate the Memorandum and to read it in English. || The President of the American Commission reserved the right to reply in writing to the memorandum at the next session. || After explanations interchanged by the Presidents of the two Commissions, such articles presented by the Spanish Commissioners as were accepted or modified by the American Commissioners were approved. || The reading of the articles presented by the American Commission was then entered upon. || The articles were read, one by one, in the order in which they stood. || The first was as follows: "Article 一. "Spain hereby cedes to the United States the island variously known as Kusaie, Ualan, or Strong Island, in the Carolines; and also concedes to the United States the right to land telegraph cables in the Canary Islands, or on any territory owned by Spain on the coast of Africa, or in the Peninsula. || "In consideration of what is set forth in this article, the United States will pay to Spain the sum of one million dollars, ($ 1,000,000) within three months from the exchange of the ratifications of the present treaty." || The President of the Spanish Commission declared that even in the event of an agreement being reached upon this article, it would have to figure elsewhere than in the treaty, as it was foreign thereto; but that he was compelled to reject it, because the Spanish Government at this time neither entertained the idea of disposing of one of the Caroline Islands, nor could it do so for want of Constitutional authority, previous authorization of the Cortes being necessary in the premises. Neither could what related to cable landings be accepted, be Nr. 11986. cause if stipulated in a treaty it might imply an easement on the national Vereinigte territory which the Spanish Government was not empowered to create, and und Spanien. because any American Company might request through the executive channel Staaten 8. Dez. 1898. as other alien companies have done, such a concession, which was foreign to an international treaty. || The following article was then read: "Article. "In conformity with the understanding established by an exchange of notes in the year 1886, Spain agrees that American missions and missionaries shall be allowed to resume and hereafter freely to carry on their work in the Caroline Islands that remain under Spanish sovereignty, || The President of the Spanish Commission observed that it was not known that any claim was pending in the premises and that as the Constitution of the State laid down the rights of private individuals in religious matters, there was nothing in this regard to insert in the treaty. || The following article was then read: "Article. "The United States and Spain will reciprocally accord to the ships of each other, in their respective ports, most favored nation treatment, in respect of all port charges, including entrance and clearance dues, light dues and tonnage duties. || "It is further agreed that the two Governments will enter into negotiations with a view to the conclusion of a commercial convention." In place of the first paragraph, the American Commissioners now propose the following: || "Spain will in her ports accord to vessels of the United States the same treatment in respect of all port charges, including entrance and clearance dues, light dues, and tonnage duties, as is accorded to Spanish vessels in the ports of the United States." || The President of the Spanish Commission objected to the second paragraph of the article as unnecessary; and suggested that the first paragraph be amended so that it should be reciprocal in its provisions and be limited as to its duration. || After discussion, the following article was drawn up: || "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 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." || The following article was then read: "Article. "The following treaty stipulations heretofore entered into by the United States and Spain shall be held to continue in force: || "Treaty of October 27, 1795, so far as it is confirmed by Article XII of the Treaty of February 22, 1819; || "Treaty of February 22, 1819, so far as its provisions have not been executed or become obsolete; || "Convention of February 17, 1834, for the |