Spain and Her Colonies, Compiled from the Best Authorities
History
Spain and Her Colonies, Compiled from the Best Authorities
Spain -- History
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:
First--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.
Second--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.
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