Treaty of Paris (1898) — Article IX: Puerto Rico's Transfer

The Treaty of Paris, signed on December 10, 1898, ended the Spanish-American War and transferred Puerto Rico, Guam, and the Philippines from Spain to the United States. Article IX specifically addressed the civil and political status of the inhabitants of the ceded territories.

Article IX Text (excerpt):
"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... 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...

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."

Critical Analysis:

1. Transferred as Property: Puerto Rico was 'ceded' — transferred as property between empires. The Puerto Rican people were not consulted and had no say in the transfer. Their status as Spanish subjects with specific rights under the Autonomous Charter of 1897 was simply overridden.

2. 'Shall Be Determined by Congress': This phrase — six words buried in a treaty — became the constitutional foundation for 126+ years of colonial rule. It means Congress has plenary (absolute) power over Puerto Rico and its inhabitants. This power has never been relinquished.

3. No Self-Determination: The treaty made no provision for Puerto Rican self-determination — no plebiscite, no timeline for independence, no pathway to statehood. Puerto Ricans were simply transferred from one colonial master to another.

4. The Autonomous Charter Was Revoked: Under Spain, Puerto Rico had won an Autonomous Charter in 1897 that granted significant self-governance. The U.S. invasion and the Treaty of Paris revoked this autonomy, replacing it with direct military, then civilian, colonial rule.

5. International Law: The Treaty of Paris predates the UN Charter and modern international law on self-determination. However, the International Court of Justice has held that 'sacred trust' obligations existed even before the UN era. The treaty violated existing principles of consent of the governed.

The Treaty of Paris is the original sin of American colonialism in Puerto Rico — the moment when 3.7 million people's fate was determined by negotiation between empires in which they had no voice.