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124
THE TREATY.

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.