The History of Cuba Volume II Part 4

ARTICLE V

That in this capitulation shall be comprised H. Ex Conde de Superanda, Lieutenant-General of the armies of H. Catholic Majesty, and former Viceroy of Peru, as well as Don Diego Tabares, Fieldmarshal of the same royal arms, and former Governor of Cartagena, who happens to be in that town on their way to Spain, together with their families. They shall be left in the possession of their baggage and their sailing to Spain shall be facilitated.

ARTICLE VI

That the Catholic Apostolic Roman religion shall be maintained, and conserved, as before exercised under H. Catholic Majesty, and that not the least impediment shall be placed in the public acts in regard to the rites exercised and with the churches, and the observation of religious feasts, and all priests, convents, monasteries, hospitals, societies, universities, colleges shall remain in the free enjoyment of their privileges and rights, as to their property and income, and furnitures, as they had enjoyed before.

ARTICLE VII

That the Bishop of Cuba shall likewise conserve his rights, privileges and prerogatives, which are required for the direction and spiritual nourishment of the faithful of the Catholic religion, or nomination of priests and ecclesiastical ministers necessary, and exercise his accustomed jurisdiction. (Note: Conceded with the reserve that the nomination of priests and other employes be subject to the approval of the Governor of H. British Majesty sent to the place.)

ARTICLE VIII

That in the cloisters and nunneries the internal government hitherto prevailing shall be followed with subordination to their legitimate superiors, according to the statutes of the particular inst.i.tutions.

("Conceded.")

ARTICLE IX

That the funds in the town belonging to H. Catholic Majesty shall be embarked on the vessels of the fleet that happen to be in port to be shipped to Spain, likewise all the tobacco belonging to H. Catholic Majesty; that even in war time the same Sovereign shall be permitted to buy tobacco from the island, in the district subject to the King of Great Britain at current prices, and to transport it to Spain in their own foreign vessels. ("Refused.")

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 Campeche and St. Antonio in the West, and from the sound of la Tortuga to this port, and thence to the lat.i.tude 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 s.p.a.ce of four years and giving them bought or chartered vessels for conveyance, with the pa.s.sports 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 pa.s.sports; 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.)

ARTICLE XV

That holders of stocks found in this town and belonging to merchants of Cadiz and in which all nations of Europe are interested, be facilitated to depart freely with them, to remit them with the protocols without being insulted in their voyage.

ARTICLE XVI

That the ministers in charge of the administration and distribution of the Exchequer or any other business of H. Catholic Majesty be left in the free use of all those doc.u.ments that are in their guard, with the power to remit or bring them to Spain for safety, and the same to hold also good with regard to the Royal Company established in this town, and its clerks. All public papers will be delivered for revision to the secretaries of the Admiral, and will be restored to the ministers of H.

Catholic Majesty, unless they be found necessary for the Government of the island.

ARTICLE XVII

That the public archives remain in the power of the Ministers in whose charge they are, without being permitted the least irregularity in regard to these papers and the instruments they contain, because of the grave mischief that would result from it to the rights of the community and to private individuals. (Replied in the preceding articles.)

ARTICLE XVIII

That the officials and soldiers who are in the hospitals be treated in the same way as the garrison, and after having recovered, they should be helped in obtaining beasts of burden or vessels for their transportation to where the rest of the garrison happens to be, as well as everything necessary for their safety and subsistence during the voyage, and among others they should be given the provisions and medicines asked for by the directors and surgeons of said hospitals. (Conceded: The governor having competent commissaries to a.s.sist them with provisions, surgeons and the necessary medicines at the cost of H. Catholic Majesty.)

ARTICLE XIX

That the prisoners of either party taken by the other since the sixth of June when the English fleet appeared before this port, be reciprocally rest.i.tuted without any ransom whatever in the course of two months.

(This article cannot be concluded before the British prisoners are returned.)

ARTICLE XX

Upon the granting of the articles of this capitulation, and the giving of hostages by either party, the gate of Tierra will be delivered to the troops of H. British Majesty, for placing there a guard, together with another provided by the garrison of the place until the evacuation is carried out, and His Ex Conde de Albemarle will send a few soldiers for the protection of the churches, convents, the houses of the generals and other officials. (Conceded.)

ARTICLE XXI

That the governor and commander of the fleet be permitted to dispatch to H. Catholic Majesty and to other parties information by the vessels, to which pa.s.sports for their voyage shall be given. (Since the troops are to be sent to Spain, the information is useless.)

ARTICLE XXII

That in consideration of the vigorous defense made by the Fort of la Punta, it shall be included in this capitulation and its garrison shall enjoy the same honors as that of the fortress, and it shall leave through one of the most suitable breaches made in the ramparts.

(Conceded.)

ARTICLE XXIII

This capitulation to be observed punctually and literally. (Conceded.)