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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 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 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 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.

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 the 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 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.

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 thereof; but it will upon the termination of such 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.

Done 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.] WM. P. FRYE.
[SEAL.] GEO. GRAY.
[SEAL.] WHITELAW REID.

[SEAL.] EUGENIO MONTERO RIOS.
[SEAL.] B. DE ABARZUZA.
[SEAL.] J. DE GARNICA.
[SEAL.] W. R. DE VILLA URRUTIA.
[SEAL.] RAFAEL CEREKO.

INDEX

ACTEON affair, at Honolulu, 121.
Adams, English pilot, in Japan, 8.
Adams, John Quincy, on treatment of
Napier by Chinese, 63; on the Opium
War, 73; suggested for Chinese Mis-
sion, 78; on Christian missions in
Hawaiian Islands, 107.

Allen, Dr. H. N., reception of, in
Korea, 329; American minister to
Korea, 329.

American Board of Foreign Missions,

sends missionaries to Hawaii, 106;
expenditures of, in Hawaii, 109.
Amherst, Lord, sent as ambassador to
China (1815), 25.

Angell, Dr. James B., one of commis-
sion to negotiate immigration treaty
with China, 294; American minister
to China, 295.

Annam, Roberts sent on mission to, 46;
Roberts's embassy at, 48.
Annexation, Vancouver's attempted, of
Hawaiian Islands, 112; of Hawaiian
Islands attempted by Lord Paulet,
124; provisional, of Hawaii to United
States (1851), 130; of Formosa and
Lew Chew Islands by United States
proposed, 229; of Hawaii to United
States indicated (1850-1860), 365;
of Hawaii, Secretary Marcy directs
American minister to propose, 366;
treaty of, negotiated with Hawaii,
366; to United States, Lord Palmer-
ston declares to be destiny of Ha-
waii, 368; treaty negotiated between
Hawaii and United States February,
1893, 377; treaty of, with Hawaii,
(1893), withdrawn by President
Cleveland, 378; treaty between Ha-
waii and United States negotiated in
1897, 381; Japanese opposition to,
of Hawaii to United States, 382;
joint resolution for, to United States
signed July, 1898, 383; reason for,
of Hawaii to United States, 384; of
Philippine Islands by United States,

405; text of joint resolution of Con-
gress for the, of Hawaii, 463.
Apia, American squadron destroyed by
hurricane at, 392.

Arrow War, cause of, 223; views of

British statesmen as to, 224; views
of United States ministers as to, 225.
Atlantic cable, one of messages over,
in 1858, announced peace in China,
245.

Audience, by Dutch officials at Yedo,
14; Ismailoff's, with Chinese em-
peror, 20; Lord Macartney's, with
Chinese emperor, 23.

Audience question, raised on Ward's
arrival at Peking, 249; prolonged
discussion of, 250; in China again.
raised, 269; temporary settlement
of, in 1873, 270; again raised in
China, in 1891, 270; points involved
in, 271; settlement of, 271; finally
settled by peace agreement between
China and allies in 1901, 431.
Aulick, Commodore, selected to com-
mand Japan expedition, 146; recalled
from Japan expedition, 147; dis-
agreement of, with Minister Mar-
shall, 206.

Balestier, J., commissioner to negotiate
treaty with Borneo, 142.
Baranoff, governor of Russian Amer-
ica, attempts annexation of Hawaiian
Islands, 112.

Barrier Forts, American naval force
fires upon, 226.

Berlin Act, substance of, regarding
Samoa, 394.

Berlin Samoan Conference, 393.
Biddle, Commodore, enters Bay of
Yedo, 1846, 143.

Blount, J. H., commissioner to investi-
gate Hawaiian revolution and condi-
tions, 378.

Bogue Forts fire on British squadron,

62.

Borneo, Balestier negotiates treaty

with sultan of, 142.
Bowring, Sir John, British governor of
Hongkong, 215; course pursued by,
in relation to Lorcha Arrow, 223;
linguist and hymnologist, 223.
Boxers, outbreak of, in China, 408;
meaning of name, I Ho Tuan or,
408; origin of, 409; cause of uprising
of, 409; missions, not chief cause of
uprising of, in China, 412; most po-
tent cause of uprising of, political,
414; proclamation of empress dow-
ager favorable to, 416; progress of
uprising of, 417; attack railroad
stations, 419; aimed to drive out
foreigners and not Christians partic-
ularly, 421; Chinese government
sympathizes with, and gives aid to,
421; question of punishment of lead-
ers of, in peace negotiations, 428.
Bridgman, Rev. E. C., American mis-
sionary and editor of Chinese Reposi-
tory, 3; secretary of Cushing em-
bassy, 79.

British East India Company, see East
India Company.

Burke, Edmund, on American whale
fishery, 102.

Burlingame, Anson, career of, 257; ap-
pointed American minister to China,
258; arrives in China, 258; secures
adoption of " a policy of coöpera-
tion," 258; appointed Chinese envoy
to Western powers, 263; character
and conduct of, as Chinese envoy,
264; death of, 264; Blaine's opinion
of, 267.

Burlingame embassy, constitution of,
263; reception of, in United States
and Europe, 264; object of, 265;
result of, treaty of 1868 with United
States, 265.

California, Chinese laborers arrive in,

282; influence of development of, on
Hawaiian industries, 365, 368, 370;
opposition in, to Chinese immigra-
tion, 285.
Canton, attacked by Capt. Weddel
(1635), 5; Chinese ports closed ex-
cept, 7; foreign women excluded
from, 19; Krusenstern's attempt to
trade at, 21; only port open to Brit-
ish trade, 24; first American vessel
arrives at, 27; Shaw, first American
consul at, 32; conduct of trade at,
33; exchange of prisoners by United

States and Great Britain at, 39; for-
eign factories at, 41; embarassments
of trade at, 43; treatment of Roberts's
embassy at, 47; conditions of trade
at, 56; Lord Napier at, 57; English
trade stopped at, 62; British troops
stationed in factories at, 62; Napier
withdraws from, 62; execution of
Chinese opium dealer at, 67; fac-
tories at, closed to stop opium trade,
69; ransomed from assault during
Opium War, 70; Americans indem-
nified for injuries during Opium
War, 74; riot at, over weather-vane
of American consul, 91; riot at, dur-
ing negotiation of Cushing treaty,
92; enlargement of factories at, 95;
residence of foreign representatives
outside walls of, 96; bombardment
and capture of, by British (1856),
223; Americans charged with par-
ticipating in British attack on, 227;
looting of palaces in, by British,
228; sack of, by allies (1857), 233.
Carrington, Edward, American con-
sular agent at Canton, 39.
Carysfort affair at Hawaii, 124.
Chang Chih Tung, viceroy, author of
book on reforms for China, 417.
Chang Yen Huan, one of Chinese peace
commissioners sent to Japan, 339;
biographical note on, 339.

Charlton, Richard, British consul-gen-
eral to Hawaiian Islands, 113; ap-
peals to Lord Paulet to enforce
claims against Hawaii, 124.
Charter oath, taken by Mikado, 199.
China, early relations of, with Japan,
2; early relations of, with the West,
2; Dutch squadron arrives off coast
of, 4; first European vessel to, 4;
Portuguese outrages in, 4; British
vessels arrive in (1635), 5; cause of
antipathy to foreigners by, 6; early
missionaries to, 6; early relations of,
with Spain, 6; ports of, closed, ex-
cept Canton, 7; European attempts
during 17th and 18th centuries to
trade with, 16; treaty of 1689, with
Russia, 17; war between Russia and,
17th century, 17; Russian ambassa-
dors of 1693 and 1719 to, 18; treaty
of 1727, with Russia, 21; early trade
of Russia with, 21; British trade
with, during 18th century, 22; Ma-
cartney embassy to, 22; King of
England in 1795 sends presents to
emperor of, 24; Amherst embassy

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