Problems of Expansion: As Considered in Papers and AddressesReid, Whitelaw
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Problems of Expansion: As Considered in Papers and Addresses
Reid, Whitelaw
United States -- Colonial question
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 the law, authenticated copies of the contracts, wills, and other
instruments forming pact 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.
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