Complete history of the late Mexican war/Treaty
TREATY
OF PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT,
BETWEEN
THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC.
Concluded at Guadalupe Hidalgo, and Ratified, with the Amendments, by the
American Senate. March 10, 1848.
THE TREATY.
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 on a solid basis relations of peace and friendship, which shall confer reciprocal benefits on 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 N. P. Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Louis Gonzaga Cuevas, Don Bernardo Conto, 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.
ARTICLE I.
There shall be a 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.
ARTICLE II.
Immediately on 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.
ARTICLE 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 (provided this Treaty shall then have been ratified by the Government of the Mexican Republic), immediately to desist from blockading the 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 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 the 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 evidences of debt for dutis 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 on exports, collected at such Custom Houses, or elsewhere in Mexico, by authority of the United States, from and after the day of the 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 the said troops, or sooner if possible.
ARTICLE IV.
Immediately after the exchange of ratifications of the present Treaty, all castles, forts, territories, places and possessions, which have been taken and 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 despatched to the American officer commanding such castles and ports, 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 intrenchments surrounding the said city, is comprehended in the above stipulations, as regards the restoration of artillery, apparatus of war, &c.
The final evacuation of the territory of the Mexican Republic by the forces of the United States shall be completed within three months from the said exchange of ratifications, or sooner if possible; the Mexican Republic hereby engages, 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 embarkation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case 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 here 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 alter the exchange of the ratifications of the Treaty. It is also agreed that if any Mexicans should now he 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.
ARTICLE 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 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; 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; thence westwardly, along the 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; far 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 limits 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 southernmost point of the port of San Diego according to the plan of said port, made in the year 1782, by Don Juan Pantojer, second sailing master of the Spanish fleet, and published at Madrid in the year 1802, in the Atlas to the voyage of the schooner 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 on the ground landmarks which shall show the limits of both Republics, as described in the present article, the Governments shall each appoint a Commissioner and Surveyor, who, before the expiration of one year from the date of the exchange of ratification 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 be made therein, except by the express and free consent of both Nations, lawfully given by the General Geverament of each, in conformity with its own Constitution.
ARTICLE VI.
The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado; and not by land without the express consent of the Mexican Government.
If, by the examinations that may be made, it should be ascertained to be practicable and advantageous to construct a Road, Canal, or Railway, which should, 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.
ARTICLE VII.
The river Gila, and the part of the Rio del Norte lying below 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 said rivers navigable, or for maintaining them in such a 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.
ARTICLE 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, or tax whatever.
Those who shall prefer to remain in 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 selection 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 any kind, now belonging to Mexicans not established there shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy, with respect to it, guaranties equally ample as if the same belonged to citizens of the United States.
[In place of the following Article, the Senate has inserted the third Article of the Treaty between France and the United States, for the cession of Louisiana, which provides that the inhabitants of the ceded territory shall be admitted to all the rights and privileges of citizenship, in accordance with the principles of the Constitution, as soon as Congress shall determine; and that in the meantime, they shall be protected in the enjoyment of their liberty, property and religious belief.]
ARTICLE 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 admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights of citizens of the United States. In the meantime they shall be maintained and protected in the enjoyment of their liberty, their property, and the civil rights now vested in them, according to the Mexican laws. With respect to political rights, their condition shall be on an equality with that of the inhabitants of the other territories of the United States, and at least equally good as that of the inhabitants of Louisiana and the Floridas, when these provinces, by transfer from the French Republic, and the Crown of Spain, become territories of the United States.
The most ample guaranty shall be enjoyed by all ecclesiastics and religious corporations, or communities, as well in the discharge of the offices of their ministry, as in the enjoyment of their property of every kind whether individual or corporate. This guaranty shall embrace all temples, houses and edifices dedicated to the Roman Catholic worship; as well as all property destined to its support, or to that of schools, hospitals or other foundations for charitable or beneficent purposes. No property of this nature shall be considered as having become the property of the American Government, or as subject to be by it disposed of, or diverted to other causes.
Finally, the relations and communications between Catholics living in the territories aforesaid, and their respective ecclesiastic authorities, shall he open, free and exempt from all hindrance whatever, even although such authorities should reside within the limits of the Mexican republic, as defined by this Treaty; and this freedom shall continue so long as a new debarcation of ecclesiastical districts shall not have been made, conformably with the aws of the Roman Catholic Church.
ARTICLE X.
(expunged.)
All grants of land made by the Mexican Government, or by the competent authorities, in Territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid, to the same extent that the same grants would be valid if the Territories had remained within the limits of Mexico. But the grantees of land in Texas put in possession thereof, who by reason of the circumstances of the country, since the beginning of the troubles between Texas and the Mexican Government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfil the said conditions within the periods limited in the same respectively, such periods to be now counted from the date of the exchange of ratifications of this Treaty; in default of which, said grants shall not be obligatory on the State of Texas, in virtue of the stipulations contained in this Article.
The foregoing stipulation in regard to grantees of land in Texas, is extended to all grantees of land in the territories aforesaid, elsewhere than in Texas, put in possession under such grants; and in default of the fulfillment of the conditions of any such grant, within the new period which, as is above stipulated, begins with the day of the exchange of ratifications of this treaty, the same shall be null and void. The Mexican Government declares that no grant whatever of lands in Texas has been made since the second day of March, one thousand eight hundred and thirty-six; and that no grant whatever of lands in any of the territories aforesaid, has been made since the thirteenth day of May, one thousand eight hundred and forty-six.
ARTICLE 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 control of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall he 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 were 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, not to purchase or acquire horses, mules, cattle, or property of any kind, stolen within the Mexican territory, by such Indians; nor to provide such Indians with fire-arms or ammunition by sale or otherwise.
And in the event of any person or persons captured within Mexican territory by Indians, being carried into the territory of the United Sates, 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 expenses incurred in the maintenance and transmission of the rescued captives; who, in the mean time, 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 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 Indians from any portion of said Territories, or for its being settled by the citizens of the United States; but, on the contrary, special care then shall 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.
ARTICLE 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 in the one or the other of the two modes below specified.
The Mexican Government shall at the time of ratifying this treaty, declare which of these two modes of payment it prefers; and the mode so selected by it shall be conformed to by that of the United States.
First mode of payment—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. For the remaining twelve millions of dollars the United States shall create a stock, bearing an interest of six per centum per annum, commencing on the day of the ratification of this Treaty by the Government of the Mexican Republic, and payable annually at the City of Washington; the principal of said stock to be redeemable there, at the pleasure of the Government of the United States, at any time after two years from the exchange of ratifications of this Treaty; six months' public notice of the intention to redeem the same being previously given. Certificates of such stock, in proper form for such sums as shall be specified by the Mexican Government, shall be delivered and transferable by the said Government to the same by that of the United States. Second mode of payment—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 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 installments 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 installment from the beginning shall also be paid.
[Certificates in the proper form for the said instalments, respectively, in sums as shall be desired by the Mexican Government, and transferable by it, shall be delivered to the said Government by that of the United States.]
[N. B. The first of these modes is rejected. The latter is adopted, with the exception of the last paragraph, in brackets.]
ARTICLE XIII.
The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and these 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.
ARTICLE XIV.
The United States do farthermore 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.
ARTICLE 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 canceled, whatever their amount may be, undertake 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 principle 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, be assessed 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 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.
ARTICLE 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.
ARTICLE XVII
The treaty of amity, commerce, and navigation, concluded at the City of Mexico on the 5th 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 not 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.
ARTICLE XVIII.
All supplies whatever of troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although 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 revinue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quality, 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 proved and established by sentence of a competent tribunal, should be punished by the confiscation of the property so attempted to be fraudulently introduced.
ARTICLE XIX.
With respect to all merchandise, effects and property whatsoever, imported into ports of Mexico while in the occupation of the forces 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 customhouses to the Mexican authorities, as stipulated for in the third article of this 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 article.
3. All merchandise, effects, and property described in the two rules foregoing, shall, during their continuance at the place of importation, or 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 subject 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 while 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 of 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 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 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 while 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 exportation, or in any manner to account for the same to the said authorities.
ARTICLE XX.
Through consideration for the interests 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 a 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 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-houses at the time of the restoration of the same. And to all such merchandise, effects and property, the rules established in the preceding Article shall apply.
ARTICLE XXI.
If, unhappily, any disagreement should hereafter arise between the Governments of the wo 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 difference 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 in reprisals, aggressions, or hostility of any kind by the one Republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighborship, whether it would not be better that such difference 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.
ARTICLE XXII.
If, (which is not to be expected, and which God forbid!) war shall unhappily break out between the two Republics, they do now, with a view to such calamity, 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 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 pursuits 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, incliment, 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 restrained 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 him, 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 an officer so breaking his parole or any common soldier so escaping from the limits assigned him, shall afterward be found in arms, previously to his being regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be duly furnished by the party in whose power they are, with as many rations, and of the same articles, as are allowed, ether in kind or by commutation, to officers of equal rank in its own army; and all others shall he daily furnished with such ration 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 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 letters to the party by whom he is employed. And it is declared that neither the pretence 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 sacredly observed as the most acknowledged obligations under the law of nature or Natiions.
ARTICLE 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 he exchanged in the city of Washington four months from the date of the signature hereof, or sooner if practcable.
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 day of February, in the year of our Lord one thousand eight hundred and forty-eight.
| N. P. TRIST. [l. s.] |
| LUIS G. CUEVAS. [l. s.] |
| BERNARDO CONTO, [l. s.] |
| MIG. ATRISTAIN, [l. s.] |
Additional and Secret Article of the Treaty of Peace Friendship, Limits and Settlements between the United States of America and the Mexican Republic signed this day by their respective Plenipotentiaries. (Expunged)
In view of the possibility that the exchange of the ratifications of this Treaty may, by the circumnstances in which the Mexican Republic is placed, be delayed longer than the term of four months fixed by its twenty-third article for the exchange of ratifications of the same, it is hereby agreed that such delay shall not, in any manner, affect the force and validity of this Treaty, unless it should exceed the term of eight months, counted from the date of the signature thereof.
This article is to have the same force and virtue as if inserted in the treaty to which this is an addition.
In faith whereof, we, the respective Plenipotentiaries, have signed this additional and secret Article, and have hereunto affixed our seals, respectively. Done in quintuplicate at the City of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight.
| N. P. TRIST. [l. s.] |
| LUIS G. CUEVAS. [l. s.] |
| BERNARDO CONTO, [l. s.] |
| MIG. ATRISTAIN, [l. s.] |