In the absence of a Spanish Ambassador at Washington the French and Austro-Hungarian Governments had accepted, conjointly, the protection of Spanish subjects and interests in the United States on terms set forth in the French Ambassadorʼs letter to the Secretary of State in Washington, dated April 22, 1898. In August the city of Santiago de Cuba was beleaguered by the Americans under General Shafter; the forts had been destroyed by Admirals Schley and Sampson; General Linares, in command there, had been wounded and placed hors de combat; the large force of Spanish troops within the walls was well armed and munitioned, but being half-starved, the morale of the rank-and-file was at a low ebb, and General Toral, who succeeded General Linares, capitulated. The final blow to Spanish power and hopes in Cuba was the destruction of Admiral Cerveraʼs fleet outside the port of Santiago de Cuba. Cuba was lost to Spain. No material advantage could then possibly accrue to any of the parties by a prolongation of hostilities, and on July 22 the Spanish Government addressed a Message to the President of the United States (Mr. William McKinley) to inquire on what terms peace might be re-established between the two countries. In reply to this inquiry the U.S. Secretary of State sent a despatch, dated July 30, conveying an outline of the terms to be stipulated. The French Ambassador at Washington, M. Jules Cambon, having been specially appointed “plenipotentiary to negotiate and sign,” by decree of the Queen-Regent of Spain, dated August 11, 1898, peace negotiations were entered into, and a Protocol was signed by him and the U.S. Secretary of State, Mr. William R. Day, for their respective Governments at 4.25 p.m. on August 12, 1898. It is interesting to note the exact hour and date, in view of subsequent events.
Protocol of Peace
The English Text[10]
Article 1.—Spain will relinquish all claim of sovereignty over and title to Cuba.
Article 2.—Spain will cede to the United States the Island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and also an island in the Ladrones to be selected by the United States.
Article 3.—The United States will occupy and hold the city, bay, and harbour of Manila, pending the conclusion of a treaty of peace which shall determine the control, disposition, and government of the Philippines.
Article 4.—Spain will immediately evacuate Cuba, Porto Rico, and other islands now under Spanish sovereignty in the West Indies; and to this end each Government will, within ten days after the signing of this protocol, appoint Commissioners, and the Commissioners so appointed shall, within 30 days after the signing of this protocol, meet at Havana for the purpose of arranging and carrying out the details of the aforesaid evacuation of Cuba and the adjacent Spanish islands; and each Government will, within ten days after the signing of this protocol, also appoint other Commissioners, who shall, within 30 days after the signing of this protocol, meet at San Juan, in Porto Rico, for the purpose of arranging and carrying out the details of the aforesaid evacuation of Porto Rico and other islands now under Spanish sovereignty in the West Indies.
Article 5.—The United States and Spain will each appoint not more than five Commissioners to treat of peace, and the Commissioners so appointed shall meet at Paris not later than October 1, 1898, and proceed to the negotiation and conclusion of a treaty of peace, which treaty shall be subject to ratification according to the respective constitutional forms of the two countries.
Article 6.—Upon the conclusion and signing of this protocol, hostilities between the two countries shall be suspended, and notice to that effect shall be given as soon as possible by each Government to the commanders of its military and naval forces.
Done at Washington in duplicate, in English and in French, by the undersigned, who have hereunto set their hands and seals, the 12th day of August, 1898.