Mr. Hay to Mr. Day.

[Telegram.]

Your No. 33 received.

It was held by us in Porto Rico that the armament of forts, fortifications, and fixed batteries were to be included in the surrender and taken over into the possession of the United States. The Spanish army was to take with it small arms and accouterments, batteries and field artillery of 9 centimeters caliber, supply and baggage wagons, ambulances, and other impedimenta.

The President thinks it undesirable to include in treaty any preferential privileges to Spain in Cuba or Puerto Rico; and if such privileges tendered by you in Philippines are accepted, care should be taken to avoid possible embarrassments to legislation by Congress or demands by other governments under favored-nation clause.

Hay.