The History of Cuba, vol. 2

by Willis Fletcher Johnson

ARTICLE X

That in consideration of the fact that this port is so conveniently situated for those navigating in these parts of America, be they Spanish or English, it shall be available to the subjects of H. Catholic Majesty as a neutral port and they shall be permitted to enter and leave freely, taken the food they require and repair their vessels, paying for everything at current prices, and that they cannot be insulted or disturbed in their navigation by the ships of H. British Majesty, nor the ships of his subjects and allies, from the promontory of Celoche on the coast of Campêche and St. Antonio in the West, and from the sound of la Tortuga to this port, and thence to the latitude 33° North, until their two Majesties agree otherwise. ("Refused.")

ARTICLE XI

That all permanent inhabitants of the city and neighborhood remain in the free use and possession of their political offices and employments, and in that of their funds and other property, i.e. household stuff of whatever origin, quality, or in whatever condition they be, without being obliged to contribute in other terms than those made by H. Catholic Majesty. (Conceded, and they will be permitted to continue in the enjoyment of their property so long as their conduct does not give cause for denying them.)

ARTICLE XII

That these same should retain and have guaranteed the rights and privileges which they hitherto enjoyed, and that they will be governed in the name of H. British Majesty under the same conditions as they have been under Spanish domination, naming their judges and agents of justice according to usages and customs. (Answered in the preceding.)

ARTICLE XIII

That whoever of said inhabitants is unwilling to stay in this city, be permitted freely to remove his property and wealth in the manner most convenient to him, to sell them or leave them to be administrated, and to go away with them to the dominions of H. Catholic Majesty, he may choose, granting them a space of four years and giving them bought or chartered vessels for conveyance, with the passports and necessary protection of safety, and the power to arm them in the cruise against the Moors and Turks, with the express condition not to use them against subjects of H. British Majesty or his allies, nor to be ill-treated or molested by them. (Reply: The inhabitants will be permitted to sell and remove their effects to any place of Spanish dominions, in vessels at its coast, for which purpose they will be given passports; and it is to be understood that officials who have property in the island will enjoy the same benefits as conceded to the other inhabitants.)

ARTICLE XIV

That these will not be in the least molested for having in their loyalty taken up arms, and enlisted their militia for the war; nor shall the English troops be permitted to plunder or any other abuse, and that, to the contrary, they shall completely enjoy the other rights, exemptions and prerogatives as the other subjects of H. British Majesty, the families that had left the town on account of the present invasion to return without any obstacle or difficulty from the country to the city with all their provisions and funds, and it is to be understood that neither the one nor the others will be inconvenienced by the stationing of troops in their houses, unless it be in quarters as were used during Spanish dominion. (Reply: Conceded, excepting that in case it becomes necessary to quarter the troops, it must be left to the direction of the Governor. All the slaves of the King will be delivered to the persons that will be named to receive them.)