Treaty between the United States and Cuba Embodying the Provisions Defining the Future Relations of the United States with Cuba Contained in the Act of Congress
56th Congress, Session II, Ch. 803
Signed at Habana, May 22, 1903
Ratification advised by the Senate, March 22, 1904
Ratified by the President, June 25, 1904
Ratified by Cuba, June 20, 1904
Ratifications exchanged at Washington, July 1, 1904
Proclaimed, July 2, 1904
I. Treaties with foreign powers. V. Sanitation of cities.
II. Public depts. VI. Island of Pines.
III. Intervention to maintain independence. VII. Coaling stations.
IV. Acts during military occupation. VIII. Ratification.
Whereas a Treaty between the United States of America and the Republic of Cuba embodying the provisions defining the future relations of United States with Cuba contained in the act of Congress approved March 2, 1901, was concluded and signed by their respective Plenipotentiaries at Habana on the twenty-second day of May, one thousand nine hundred and three, the original of which Treaty, being in the English and Spanish languages is word for word as follows:
Whereas the Congress of the United States of America, by an Act approved March 2, 1901, provided as follows:
Provided further, That in fulfillment of the declaration contained in the joint resolution approved April twentieth, eighteen hundred and ninety-eight, entitled, "For the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect," the President is hereby authorized to "leave the government and control the island of Cuba to its people" so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, substantially as follows:
"I. That the government of Cuba Shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgement in or control over any portion of said island."
"II. That said government shall not assume or contract any public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government shall be inadequate."
"III. That the government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba."
"IV. That all Acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected."
"V. That the government of Cuba will execute, and as far as necessary extend, the plans already devised or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented thereby assuring protection tot he people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein."
"VI. That the Isle of Pies shall be omitted from the proposed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty."
"VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba sill sell of lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States."
"VIII. That by way of further assurance the government of Cuba will embody the foregoing provisions in a permanent treaty with the United States."
Whereas the Constitutional Convention of Cuba, on June twelfth, 1901, adopted a Resolution adding to the Constitution of the Republic of Cuba which was adopted on the twenty-first of February 1901, an appendix in the words and letters of the eighth enumerated articles of the above cited act of the Congress of the United States;
And whereas, by the establishment of the independent and sovereign government of the Republic of Cuba, under the constitution promulgated on the 20th of May, 1902, which embraced the foregoing condition, and by the withdrawal of the Government of the United States as an intervening power, on the same date, it become necessary to embody the above cited provisions in a permanent treaty between the United States of America and the Republic of Cuba;
The United States of America and the Republic of Cuba, being desirous to carry out the foregoing conditions, have for that purpose appointed as their plenipotentiaries to conclude a treaty to that end,
The President of the United States of America, Herbert G. Squires, Envoy Extraordinary and Minister Plenipotentiary at Havana,
And the President of the Republic of Cuba, Carlos de Zaldo y Beurmann, Secretary of State and Justice, - who after communicating to each other their full powers found in good and due form, have agreed upon the following articles:
The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power of powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island.
The Government of Cuba shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking-fund provision for the ultimate discharge of which, the ordinary revenues of the Island of Cuba, after defraying the current expenses of the Government, shall be inadequate.
The Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the Government of Cuba.
All acts of the United States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected.
The Government of Cuba will execute, and as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein.
The Island of Pines shall be omitted from the boundaries of Cuba specified in the Constitution, the title thereto being left to future adjustment by treaty.
To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the Government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States.
The present Convention shall be ratified by each party in conformity with the respective Constitutions of the two countries, and the ratifications shall be exchanged in the City of Washington within eight months from this date.
In witness whereof, we the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals at Havana, Cuba, this twenty-second day of May, in the year nineteen hundred and three.
Whereas, it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend title sixty, chapter three of the Revised Statues of the United States, relating to copyrights", that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement";
And Whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require";
And Whereas satisfactory official assurance have been given that in Cuba the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the citizens of Cuba:
And Whereas the said Treaty has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the first day of July, one thousand nine hundred and four:
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington, this second day of July, in the year of our Lord one thousand nine hundred and four, and of the Independence of the United States of America the one hundred and twenty-eighth.
Signed at Washington, January 29, 1904.
Ratification advised by the Senate, January 27, 1904.
Ratified by the President, June 25, 1904
Ratified by Cuba, June 20, 1904
Ratifications exchanged at Washington, July 1, 1904
Proclaimed, July 2, 1904.
Whereas a Supplementary Convention between the United States of America and the Republic of Cuba, extending the time within which may be exchanged the ratifications of the treaty signed May 22, 1903, embodying the provisions defining the future relations of the United States with Cuba, contained in the Act of Congress of the United States approved March 2, 1901, was concluded and signed by their respective Plenipotentiaries at Washington, on the twentieth day of January one thousand nine hundred and four, the original of which Supplementary Conventions, being in the English and Spanish languages, is word for word as follows:
The United States of America and the Republic of Cuba, considering it expedient to prolong the period in which, by Article VIII of the treaty signed by their respective plenipotentiaries on May 22, 1903, embodying the provisions defining the future relations of the United States with Cuba, contained in the act of Congress of the United States approved March 2, 1901, the exchange of ratifications of the said treaty shall take place, have for that purpose appointed their respective Plenipotentiaries, namely:
The President of the United States of America, John Hay, Secretary of State of the United States; and
The President of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of Cuba at Washington;
who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following additional article to be taken as part of the said treaty.
The respective ratifications of the said treaty shall be exchanged as soon as possible, and within six months from January 21, 1904.
Done in duplicate at Washington, in the English and Spanish languages, this 20th day of January A.D. 1904.
And whereas the said Supplementary Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the first day of July, one thousand nine hundred and four;
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Supplementary Convention to be made public to the end that the same may be observed and fulfilled with good faith by the United States and the citizens thereof.
In testimony whereof I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington, this second day of July, in the year of our Lord one thousand nine hundred and four, and one thousand nine hundred and four, and of the Independence of the United States of America the one hundred and twenty eighth.