CHAPTER X. TREATY OF GUADALUPE HIDALGO.


Up: Contents Previous: CHAPTER IX. WAR WITH MEXICO. Next: CHAPTER XI. BOUNDARY COMMISSION SURVEY AND GADSDEN PURCHASE.


[page 149]

United States in Possession of Mexican Territory—Circumstances Concerning War With Mexico—The Treaty Protocol—Boundaries—Area—Cost of Cession—Delivery of the Cession.

On the first of January, 1848, the United States was in possession of the City of Mexico, the city of Chihuahua, and of the eastern seaports of Mexico, as well as of the territory now forming the States of New Mexico, Arizona and California, together with Lower California. California was the pawn which several European countries claimed and were trying to secure, and England, in particular, had she secured California, in all probability would have held all the coast territory west of the Rocky Mountains, including what is now the States of Utah, Idaho, Washington, Oregon, California and Nevada. She would probably have allowed Mexico or the United States to hold the Apache infested country of New Mexico and Arizona.

In order that my readers may be informed of the circumstances concerning the war with Mexico, and the subsequent acquisition by the United States of that part of the territory of Mexico in Arizona north of the Gila River, I quote here from Donaldson's Public Domain as follows:

The treaty of Guadalupe Hidalgo, between the United States and the Republic of Mexico, February 2nd, 1848, added to the national and


[page 150]

public domain the territory lying between the Rio Grande River north along the one hundred and sixth meridian of longitude west from Greenwich to the forty-second parallel north latitude, and along that parallel to the Pacific Ocean. Prior to the time that Commodore Sloat took possession of California, she had been the object of jealous attention on the part of several foreign nations. The Russians established themselves at Bodega, on the coast of California, in the year 1812, by permission of Spain, for the purpose of fishing and obtaining furs. Then, after this, they brought cattle, raised herds, and produced wheat. Forty miles from Bodega, beyond the San Sebastian river. they built Fort Slawianski, called by the Mexicans 'Fort of Ross.' They flew the Russian flag, and the military governor appointed by the Czar of Russia was in command. During the Mexican Revolution, they assumed to be the actual owners of the territory thus occupied. In the year 1842, through the fostering care of the Russian home government, this colony possessed one-sixth of the white population of California. After the United States finally acquired California, this military colony was withdrawn.

In the year 1835 President Jackson proposed to the government of Mexico to purchase the territory lying east and north of a line drawn from the Gulf of Mexico along the eastern bank of the Rio Grande, up to the thirty-seventh parallel north latitude, and thence along that parallel to the Pacific Ocean. This would have obtained the Bay of San Francisco, but the negotiation failed. Fremont's expedition by


[page 151]

and, and Wilke's exploring expedition by sea and land, all under Government auspices, gave much information to the country at large of the Pacific Coast.

In 1841, by order of Marshal Soult, minister of war of France, an attache of the French mission to Mexico, M. Duflot de Mofras, visited California and made a thorough exploration. He remained there two years.

In 1846 an informal meeting of citizens and natives of California was held at Monterey to consider annexation. The consuls of England (Forbes), of France (Guys), and of the United States (Larkin), were working during this period to encourage in the Californians a desire for annexation to one of their respective countries. Members were elected to a convention to consider annexation, but it never met.

It was claimed that Great Britain intended to seize California as an equivalent for the Mexican debt due to British subjects. She had a fleet in the Pacific waters watching the American fleet, and it entered the harbor of Monterey a few hours after Commodore Sloat had there raised the American flag, July 7, 1846. It is presumed from official action on the part of the naval and other officers of the United States Government, that our navy was to see that no foreign government took possession of California. (See Mr. Buchanan's letter to Minister Slidell, April 10, 1845, as to the French and English designs.)

After the terms of annexation offered to Texas by the United States had been accepted by Texas, President Polk, in 1845, ordered the


[page 152]

army of the United States to occupy the western portion of Texas, between the Nueces and Rio Grande rivers, and to hold it. A strong naval force in the Gulf was ordered to co-operate with the army. Under date of November 10, 1845, Mr. Buchanan, Secretary of State, instructed John Slidell, United States Minister to Mexico, to offer the Mexican Government, for the cession of New Mexico and a boundary line on the Rio Grande and to the forty-second parallel north latitude, the assumption of claims of American citizens against Mexico and $5,000,000; for the cession of the province of California, the assumption of claims of American citizens against Mexico, and $25,000,000; and for the bay and harbor of San Francisco and north of it, $20,000,000.

On the 13th of May, 1846, Congress passed a law declaring that 'war existed by the act of Mexico,' and the war with Mexico ensued.

April 15, 1845, President Polk commissioned Nicholas P. Trist, Esq., chief clerk of the Department of State, to proceed, as the confidential agent of the Government and commissioner to Mexico. He was furnished with a project of treaty stating the purchase prices to be paid for the extension of our boundary. Upon his arrival in Mexico, Mr. Trist opened his negotiations with the Mexican authorities. On the 2nd of September, 1847, he met the Mexican Commissioners and tried to arrange a treaty, but failed. A temporary armistice was granted. September 6, General Scott notified Santa Anna that he would resume military operations the next day,


[page 153]

as the armistice had been repeatedly broken. On the 17th, the war was resumed.

November 22nd, proposals were received from the Mexican authorities for negotiations for a treaty.

It was made by Nicholas Trist, Esq., on behalf of the United States (although a long time before recalled), and Luis G. Cuevas, Bernardo Couto and Miguel Atristain on the part of Mexico. This treaty was done at the city of Guadalupe Hidalgo, Mexico, February 2nd, 1848. Mr. Trist submitted it to Mr. Buchanan, Secretary of State, and President Polk sent it to the Senate with a message, on Wednesday, February 23rd, 1848. He recommended that the tenth article should not be ratified. The Senate, after debate, amended it. It was finally adopted, with amendments, March 10, 1848, by a vote of yeas 38 nays 14.

By and with the advice of the Senate, President Polk appointed Hon. Ambrose H. Sevier (United States Senator), of Arkansas, and Hon. Nathaniel Clifford (Attorney-General), of Maine, commissioners to Mexico, as envoys extraordinary and ministers plenipotentiaries. They took with them a copy of the treaty, with the amendments of the Senate duly ratified by the President, and had full powers to ratify the same. The protocol to the treaty was their work. They arrived at the city of Queretaro May 5, 1848. The amended treaty was submitted to the Mexican Senate on that day, and it passed by a vote of 33 ayes to 5 nays. It had previously passed the House of Deputies.


[page 154]

On the 30th of May, at the same city, ratifications were exchanged, and afterwards the commissioners at the city of Mexico paid over the $3,000,000 cash payment.

Treaty of peace, friendship, limits and settlement, with the Republic of Mexico, concluded February 2, 1848; ratifications exchanged at Queretaro, May 30, 1848; proclaimed July 4, 1848.

In the name of Almighty God:

The United States of America and the United Mexican States, animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics, and to establish upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony and mutual confidence wherein the two people should live, as good neighbors, have for that purpose appointed their respective plenipotentiaries, that is to say:

The President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don. Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic;

Who, after a reciprocal communication of their respective powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following treaty of peace, friendship, limits and settlement between the United States of America, and the Mexican Republic;


[page 155]

ARTICLE I. There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns and people, without exception of places or persons.

ART. II. Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the general-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that in the places occupied by the said forces, constitutional order may be re-established, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation.

ART. III. Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter, (providing this treaty shall then have been ratified by the government of the Mexican Republic, and the ratifications exchanged), immediately to desist from blockading any Mexican ports; and requiring the former, (under the same condition), to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of


[page 156]

the Republic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in its power for rendering the same convenient to the troops, on their march, and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be dispatched to persons in charge of the custom-houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidence of debt for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty, by the government of the Mexican Republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications.

The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the commander of field troops, or sooner if possible.

ART. IV. Immediately after the exchange of ratifications of the present treaty, all castles,


[page 157]

forts, territories, places and possessions which have been taken or occupied by the forces of the United States during the present war within the limits of the Mexican Republic, as about to be established by the following article, shall be definitely restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the government of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be dispatched to the American officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions or other public property. The city of Mexico, within the inner line of intrenchment surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, etc.

The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months from the said exchange of ratifications, or sooner if possible; the Mexican government hereby engaging as in the foregoing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the


[page 158]

United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such cases a friendly arrangement shall be entered into between the general-in-chief of the said troops, and the Mexican Government, whereby healthy and otherwise suitable places at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of November.

All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives and cause them to be restored to their country.

ART. V. The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land opposite the mouth of the Rio Grande, otherwise called the Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; then westwardly, along the


[page 159]

whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence northward, along the western line of New Mexico, until it intersects the first branch of the river Gila (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same); thence down the middle of the said branch, and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in this article, are those laid down in the map entitled: 'Map of the United Mexican States, as organized and defined by various acts of the congress of said Republic, and constructed according to the best authorities. Revised edition. Published at New York, in 1847, by J. Disturnell'; of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southern-most point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing master of the Spanish Fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the


[page 160]

schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective plenipotentiaries.

In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground landmarks which shall show the limits of both Republics, as described in the present article, the two governments shall each appoint a commissioner and a surveyor, who before the expiration of one year from the date of exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty; and shall have the same force as if it were inserted therein. The two governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

The boundary line established by this article, shall be religiously respected by each of the two Republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution.

ART. VI. The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage of the Gulf of California, and by the river Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the


[page 161]

preceding article; it being understood that this passage is to be by navigating the Gulf of California, and the river Colorado, and not by land, without the express consent of the Mexican Government.

If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway, which should be in whole or in part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the governments of both Republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.

ART. VII. The river Gila, and the part of the Rio Bravo del Norte, lying between the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two Republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries, and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or


[page 162]

for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.

The stipulations contained in the present article shall not impair the territorial rights of either Republic within its established limits.

ART. VIII. Mexicans now established in territories previously belonging to Mexico and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.

Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans shall be considered to have elected to become citizens of the United States.

In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans


[page 163]

who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States.

ART. IX. The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time, (to be judged of by the Congress of the United States), to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the meantime, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.

ART. X. (Stricken out).

ART. XI. Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of New Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States, whensoever this may be necessary; and that when they cannot be prevented, they shall be punished by the said government, and satisfaction for the same shall be exacted—all in the same way, and with equal diligence and energy, as if the same incursions


[page 164]

were meditated or committed within its own territory, against its own citizens.

It shall not be lawful, under any pretext whatever, for any inhabitant of the United States, to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two Republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within such Mexican territory by such Indians.

And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the United States, the Government of the latter engages and binds itself in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures; and its agents shall pay the expenses incurred in the maintenance and transportation of the rescued captives; who, in the meantime, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to


[page 165]

effect their release and delivery to the Mexican agent, as above stipulated.

For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when providing for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain.

ART. XII. In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars.

Immediately after this treaty shall have been duly ratified by the Government of the Mexican Republic, the sum of three millions of dollars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico. The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual instalments of three millions of dollars each, together


[page 166]

with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mexican Government and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instalment, as it falls due, the whole interest accruing on such instalment from the beginning shall also be paid.

ART. XIII. The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Republic under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt for the future, from all expense whatever on account of the said claims.

ART. XIV. The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed.


[page 167]

ART. XV. The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever cancelled, whatever their amount may be, undertakes to make satisfaction for the same, to an amount not exceeding three and one-quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commissioners shall be established by the Government of the United States, whose awards shall be final and conclusive; provided that, in deciding upon the validity of each claim, the board shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favor of any claim not embraced by these principles and rules.

If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents in the possession or power of the Government of the Mexican Republic shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister for Foreign Affairs, to be transmitted by the Secretary of State of the United States, and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records


[page 168]

or documents so specified, which shall be in their possession or power, (or authenticated copies or extracts of the same) to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records or documents, shall have been stated under oath or affirmation.

ART. XVI. Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.

ART. XVII. The treaty of amity, commerce and navigation, concluded at the city of Mexico, on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such intention to the other party.

ART. XVIII. All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although


[page 169]

subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish, and vigilantly to enforce all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly approved and established by sentence of a competent tribunal, shall be punished by the confiscation of the property so attempted to be fraudulently introduced.

ART. XIX. With respect to all merchandise, effects and property whatsoever, imported into ports of Mexico whilst in the occupation of the force of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed:

1. All such merchandise, effects and property, if imported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this


[page 170]

treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff.

2. The same perfect exemption shall be enjoyed by all such merchandise, effects, and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and property being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following articles:

3. All merchandise, effects and property described in the two rules foregoing shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax, or impost of every kind, under whatsoever title or denomination. Nor shall they be there subjected to any charge whatsoever upon the sale thereof.

4. All merchandise, effects and property described in the first and second rules, which shall have been removed to any place in the interior whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination.

5. But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon


[page 171]

their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases, if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff.

6. The owners of all merchandise, effects or property, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever.

With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty or contribution upon any such importation, or in any manner to account for the same to the said authorities.

ART. XX. Through consideration for the interest of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom-houses, conformably with the stipulation in the third article, in such case all merchandise, effects, and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of the signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-house at the


[page 172]

time of the restoration of the same. And to all such merchandise, effects and property, the rules established by the preceding article shall apply.

ART. XXI. If unhappily any disagreement shall hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavor, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind by the one republic against the other, until the Government of that which deems itself aggrieved shall have naturally considered, in the spirit of peace and good neighborship, whether it would not be better that such differences should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. and should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference or the circumstances of the case.

ART. XXII. If (which is not to be expected, and which God forbid) war should


[page 173]

unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible:

1. The merchants of either republic then residing in the other shall be allowed to remain twelve months, (for those dwelling in the interior), and six months, (for those dwelling at the seaports), to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages or places, and, in general, all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of


[page 174]

war, they may happen to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable and beneficent purposes, shall be respected, and all persons connected with the same, protected in the discharge of their duties and the pursuit of their vocations.

2. In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prisonships, or prisons; nor be put in irons, or bound, or otherwise retrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldiers shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole, by leaving the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been designated to them, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole, or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms, previously to his being


[page 175]

regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed, either in kind or by commutation, to officers of equal rank in its own army; and all others shall be daily furnished with such rations as is allowed to a common soldier in its own service; the value of all which supplies shall at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be withheld, as a compensation or reprisal for any cause whatever, real or pretended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often as he pleases; shall be allowed to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be sent to them by their friends, and shall be free to transmit his reports in open letter to the party by whom he is employed.

And it is declared that neither the pretense that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided; and, during which, its stipulations are to be as


[page 176]

sacredly observed as the most acknowledged obligations under the law of nature or nations.

ART. XXIII. This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic, with the previous approbation of its general Congress, and the ratifications shall be exchanged in the city of Washington, or at the seat of Government of Mexico, in four months from the date of the signature thereof or sooner if practicable.

In faith whereof, we, the respective plenipotentiaries, have signed this treaty of peace, friendship, limits and settlement, and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second of February, in the year of our Lord one thousand eight hundred and forty-eight.

(Seal) N. P. Trist.
(Seal) Luis G. Cuevas.
(Seal) Bernardo Couto.
(Seal) Migl. Atristain.

PROTOCOL

In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hundred and forty-eight, at a conference between their excellencies, Nathan Clifford and Ambrose H. Sevier, Commissioners of the U. S. of A., with full powers from their Government to make to the Mexican Republic suitable explanations in regard to the amendments which the Senate and Government of the said United States have


[page 177]

made in the treaty of peace, friendship, limits and definitive settlement between the two Republics, signed in Guadalupe Hidalgo, on the second day of February, of the present year; and his Excellency Don Luis de la Rosa, Minister of Foreign Affairs of the Republic of Mexico; it was agreed, after adequate conversation, respecting the changes alluded to, to record in the present protocol the following explanations, which their aforesaid excellencies the Commissioners gave in the name of their Government and in fulfillment of the commission conferred upon them near the Mexican Republic:

1st. The American Government by suppressing the IXth article of the treaty of Guadalupe Hidalgo and substituting the IIId article of the treaty of Louisana, did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabitants of the territories ceded by Mexico. Its understanding is that all of that agreement is contained in the 3d article of the treaty of Louisiana. In consequence all the privileges and guaranties, civil, political, and religious, which could have been possessed by the inhabitants of the ceded territories, if the IXth article of the treaty had been retained, will be enjoyed by them, without any difference, under the article which has been substituted.

2d. The American Government by suppressing the Xth article of the treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwithstanding the suppression of the article of the treaty, preserve


[page 178]

the legal value which they may possess, and the grantees may cause their legitimate (titles) to be acknowledged before the American tribunals.

Conformably to the laws of the United States, legitimate titles to every description of property, personal and real, existing in the ceded territories are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d March, 1836.

3d. The Government of the United States, by suppressing the concluding paragraph of article XIIth of the treaty, did not intend to deprive the Mexican Republic of the free and unrestrained faculty of ceding, conveying or transferring at any time (as it may judge best) the sum of the twelve millions of dollars which the same government of the United States is to deliver in the places designated by the amended article.

And these explanations having been accepted by the Minister of Foreign Affairs of the Mexican Republic, he declared, in name of his Government, that with the understanding conveyed by them the same Government would proceed to ratify the treaty of Guadalupe, as modified by the Senate and Government of the United States. In testimony of which, their Excellencies, the aforesaid Commissioners and the Minister have signed and sealed, in quintuplicate, the present protocol.

(Seal) A. H. Sevier.
(Seal) Nathan Clifford.
(Seal) Luis de la Rosa.


ARTICLES REFERRED TO IN THE FIFTEENTH ARTICLE OF THE PRECEDING TREATY


[page 179]

First and Fifth articles of the unratified convention between the United States and the Mexican Republic of the 20th November, 1843.

ARTICLE I.

All claims of citizens of the Mexican Republic against the Government of the United States which shall be presented in the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Republic, which, for whatever cause, were not submitted to, nor considered, nor finally decided by, the commission, nor by the arbiter appointed by the convention of 1839, and which shall be presented in the manner and time hereafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say: Two commissioners shall be appointed by the President of the Mexican Republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two republics.

ARTICLE V.


[page 180]

All claims of citizens of the United States against the Government of the Mexican Republic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this convention, on the points submitted to the umpire under the late convention, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claim.

THE EVACUATION OF THE CITY OF MEXICO BY THE UNITED STATES

At 6 o'clock, A. M., June 12, 1848, the flag of the United States was taken down from the National palace in the city of Mexico, and the colors of Mexico hoisted in their stead, the customary honors being paid to both. The last division of the American army was withdrawn, and the occupation of Mexico by the United States was at an end. July 4, 1848, President Polk issued proclamation of the foregoing treaty.

BOUNDARIES, AREA, AND COST OF CESSION:

By this cession the United States obtained the acknowledgment of the boundaries of Texas, annexed in 1845, and the territory west of the Rio Grande, and of a meridian north from its


[page 181]

course to the forty-second parallel on the north, the Pacific Ocean on the west, and the national boundary on the south established by this treaty. (See Article V.) This boundary was afterwards altered by the addition of the land purchased by the Gadsden treaty of 1853, and the present national boundary was established. The area of territory obtained by this treaty (exclusive of the Texas cession, in doubt as to part) was estimated at 522,568 square miles, viz.:
Square miles.
Lying now in the State of California, being the entire State… 157,801
The entire State of Nevada… 112,090
Arizona (except the Gadsden purchase of 1853)… 82,381
New Mexico west of the Rio Grande and north of the Gadsden purchase of 1853)… 42,000
Utah, entire… 84,476
Colorado, west of the Rocky Mountains… 29,500
Wyoming, the southwest portion… 14,320
In all estimated at or 334,443,520 acres… 522,568

All of this became national and public domain, and the land laws of the United States were extended over it by congress (for disposition and sale), excepting certain grants made therein by Spanish and Mexican authorities. It cost principal sum under the treaty, $15,000,000.

The southern and western boundary of this cession is (west of Texas) the boundary of the public as well as of the national domain. The


[page 182]

boundary lines were settled and surveyed by a joint commission.

DELIVERY OF THE CESSION

The United States being in possession, by military force, no formal delivery of the territory was had other than by the payment of the sum stipulated and fixing and determining the boundary line.

Up: Contents Previous: CHAPTER IX. WAR WITH MEXICO. Next: CHAPTER XI. BOUNDARY COMMISSION SURVEY AND GADSDEN PURCHASE.




© Arizona Board of Regents