MESSAGE from the PRESIDENT OF THE UNITED STATES, communicating a Copy of the Treaty with the Mexican Re public, etc. Washington, 1848. University of California Berkeley From the FRANCIS P. FARQUHAR EXPLORATION LIBRARY Gift of THE MARJORY BRIDGE FARQUHAR 1972 TRUST 30th CONGRESS, [SENATE.] EXECUTIVE, 1st Session. No. 60. MESSAGE FROM Tlfe PRESIDENT OF THE UNITED STATES, COMMUNICATING copy of the treaty with the Mexican republic, of February 2, 1848, and of the correspondence in relation thereto, and recom mending measures for carrying the same into effect. JULY 6, 1848. Read, and ordered to be printed, and that 5.000 additional copies be printed for the ifse of the Senate; and that so much of the naesc?age as appropriately belongs to -the Committees oh Foreign Relations, Finance, Military Affairs, Naval Affairs, Public Lands, Judiciary, and Territories, be referred thereto. To the Senate and House of Representatives of the United States: I lay before Congress copies of a treaty of peace, friendship, limits, and settlement, between the United States and the Mexican republic, the ratifications of which were duly exchanged at the city of Queretaro, in Mexico, on the 30th day of May, 1848. The war in which our country was reluctantly involved, in the necessary vindication of the national rights and honor, has been /thus terminated, and I congratulate Congress, and our common constituents, upon the restoration of an honorable peace. The extensive and valuable territories ceded by Mexico to the United States constitute indemnity for the past, and the brilliant achievements and signal successes of our arms will be a guaranty of security for the future, by convincing all nations that our rights must be respected. The results of the war with Mexico have given to the United States a national character abroad which our country never before enjoyed. Our power and our resources have become known, and are respected throughout the world, and we shall pro bably be saved from the necessity of engaging in another foreign war for a long series of years. v It is a subject of congratulation that we have passed through a war of more than two year's dura tion, with the business of the country uninterrupted, with our re sources unexhausted, and the public credit unimpaired. I communicate for the information of Congress the accompany ing documents and correspondence relating to the negotiation and ratification of the treaty. [ 60 ] 2 Before the treaty can be fully executed on the part of the United States, legislation will be required. It will be proper to make the necessary appropriations for the payment of the twelve millions of dollars, stipulated by the twelfth article, to be paid to Mexico in four equal annual instalments. Three millions of dollars were appropriated by the act of March 3, 1847, and that sum was paid to the Mexican government after the ex change of the ratifications of the treaty. The fifth article of the treaty provides that, " in order to desig nate the boundary line with due precision upon authoritative maps, and to establish, upon the ground, land marks 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 the ex change 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." It will be necessary that provision should be made by law for the appointment of a commissioner and surveyor, on the part of the United States, to act in conjunction with a commissioner and sur veyor appointed by Mexico, in executing the stipulations of this article. It will be proper, also, to provide by law for the appointment of a a board of commissioners" to adjudicate and decide upon all claims of our citizens against the Mexican government, which by the treaty have been assumed by the United States. New Mexico and Upper California have been ceded by Mexico to the United States, and now constitute a part of our country. Em bracing nearly ten degrees of latitude, lying adjacent to the Oregon territory, and extending from the Pacific ocean to the Rio Grande, a mean distance of nearly a thousand miles, it would be difficult to estimate the value of these possessions to the United States. They constitute of themselves a country large enough for a great empire, and their acquisition is second only in importance to that of Lou isiana in 1803. Rich in mineral and agricultural resources, with a climate of great salubrity, they embrace the most important ports on the whole Pacific coast of the continent of North America. The possession of the ports of San Diego and Monterey and the bay of San Francisco, will enable the United States to command the already valuable and rapidly increasing commerce of the Pacific. The number of our whale ships alone now employed in that sea exceeds seven hundred, requiring more than twenty thousand sea men to navigate them, while the capital invested in this particular branch of commerce is estimated at not less than forty millions of dollars. The excellent harbors of Upper California will, under our flag, afford security and repose to our commercial marine, and American mechanics will soon furnish ready means of ship-building and repair} which are now so much wanted in that distant sea. By the acquisition of these possessions, we are brought into im mediate proximity with the west coast of America, from Cape Horn to the Russian possessions north of Oregon, with the islands of [60] the Pacific ocean, and by a direct voyage in steamers we will be in less than thirty days of Canton and other ports of China. In this vast region, whose rich resources are soon to be devel oped by American energy and enterprise, great must be the aug mentation of our commerce, and with it new and profitable de mands for mechanic labor in all its branches, and new and valuable markets for our manufactures and agricultural products. While the war has been conducted with great humanity and for bearance, and with complete success on our part, the peace has been concluded on terms the most liberal and magnanimous to Mexico. Jn her hands the territories now ceded had remained, and it is be lieved would have continued to remain almost unoccupied and of little value to her or to any other nation, whilst, as a part of our Union, they will be productive of vast benefits to the United States, to the commercial world, and the general, interests of man kind. The immediate establishment of territorial governments, and the extension of our laws over these valuable possessions, are deemed to be not only important, but indispensable to preserve order, and the due administration of justice within their limits; to afford pro tection to the inhabitants, and to facilitate the development of the vast resources and wealth which their acquisition has added to our country. The war with Mexico having terminated, the power of the Exe cutive to establish, or to continue temporary civil governments over these territories, which existed under the laws of natiors, whilst they were regarded as conquered provinces, in our military occupation, has ce\sed. By their cession to the United States, Mexico has no longer any power over them, and, until Congress shall act, the inhabitants will be without any organized govern ment. Should they be left in this condition, confusion and anarchy will be likely to prevail. Foreign commerce, to a considerable amount, is now carried on in the ports of Upper California, which will require to be regulated by our laws. As soon as our system shall be extended over this commerce, a revenue of considerable amount will be at once col lected, and it is not doubted that it w?ll be annually increased. For these, and other obvious reasons, I deem it to be my duty, earnestly to recommend the action of Congress on the subject at the present session. In organizing governments over these territories, fraught with such vast advantages to every portion of our Union, I invoke that spirit ^.of concession, conciliation, and compromise in your delib erations, in which the constitution was framed, in which it should be administered, and which is so indispensable to preserve and perpetuate the harmony and union of the States. We should never forget that this union of confederated States was established and cemented by kindred blood, and by the common toils, suffer ings, dangers, and triumphs of all its parts, and has been the ever augmenting source of our national greatness and^of all our blessings. [60] There has, perhaps, been no period, since the warning so im pressively given to his countrymen by Washington, to guard against geographical divisions and sectional parties, which appeals with greater force than the present, to the patriotic, sober minded, and reflecting of all parties, and of all sections of our country. "Who can calculate the value of our glorious Union? It is a model and example of free government to all the world, and is the star of hope and haven of rest to the oppressed of every clime. By its preservation we have been rapidly advanced, as a nation, to a height of strength, power, and happiness, without a parallel in the history of the world. As we extend its blessings over new regions, shall we be so unwise as to endanger its existence by geographical divisions and dissentionsl With a view to encourage the early settlement of these distant possessions, I recommend that liberal grants of the public lands be secured to all our citizens who have settled, or may in a lim ited period settle, within their limits. In execution of the provisions of the treaty, orders have beer* issued to our military and naval forces to evacuate without delay the Mexican provinces, cities, towns, and fortified places in our military occupation, and which are not embraced in the territories ceded to the United States. The army is already on its way to the United States. That portion of it, as well regulars as volunteers, who engaged to serve during the war with Mexico, will be dis charged as soon as they can be transported or marched to conve nient points in the vicinity of their homes. A part of the regu lar army will be employed in New Mexico and Upper California^ to afford protection to the inhabitants and to guard our interests in these territories. The old army, as it existed before the commencement of the war with Mexico, especially if authority be given to fill up the ranlr and file of the several corps to the maximum number authorized during the war, it is believed will be a sufficient force to be re tained in service during a period of peace. A few additional offi cers, in the line and staff of the army, have been authorized, and ; these, it is believed, will be necessary in the peace establishment,, and should be retained in the service. The number of the general officers may be reduced, as vacancies occur by the casualties of the service, to what it was before the war. While the people of other countries, who live under forms of government less free than our own, have been for ages oppressed by taxation, to support large standing armies in periods of peace ? our experience has shown that such establishments are unnecessary in a republic. Our standing army is to be found in the bosom of society. It is composed of free citizens, who are ever ready to take up arms in the service of their country when an emergency requires it. Our experience in the war just closed fully confirms the opinion that such an army may be raised upon a few week's notice, and that our citizen soldiers are equal to any troops in the world. No reason, therefore, is perceived why we should en- Jarge our lancf forces and thereby subject the treasury to an annual [60] increased charge. Sound policy requires that we should avoid the creation of a large standing army in a period of peace. No- public exigency requires it. Such armies are not only expensive and unnecessary, but may become dangerous to liberty. Besides making the necessary legislative provisions Tor the exe cution of the treaty, and the establishment of territorial govern ments in the ceded country, we have, upon the restoration of peace, other important duties to perform. Among these I regarcl none as more important than the adoption of proper measures for the speedy extinguishment of the national debt. It is against sound policy and the genius of our institutions, that a public debt should be permitted to exist a day longer than the means of the treasury will enable the government to pay it off. We should adhere to the wise policy laid down by President Washington, of "avoiding the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace, to discharge the debts which unavoidable wars have occasioned, not ungenerously throw ing upon posterity the burden we ourselves ought to. bear." At the commencement of the present administration, the public debt amounted to seventeen millions seven hundred and eighty-eight thousand seven hundred and ninety-nine dollars and sixty-two cents. In consequence of the war with Mexico, it has been necessarily increased, and now amounts to sixty-five millions seven hundred and seventy eight thousand four hundred and fifty dollars and forty- one cents, including the stock and treasury notes which may yet be issued under the act of January 28, 1847, and the sixteen mil lion loan recently negotiated, under the act of March 31, 1848. In addition to the amount of the debt, the treaty stipulates that twelve millions of dollars shall be paid to Mexico, in four equal annual instalments of three millions each, the first of which will fall due on the 30th day of May, l49. The treaty also stipulates that the United States shall " assume and pay " to our own citizens a the claims already liquidated and decided against the Mexican re public," and u all claims not heretofore decided against the Mexi can government," u to an amount not exceeding three and a quar ter millions of dollars." The u liquidated " claims of citizens of the United States against Mexico, as decided by the joint board of commissioners under the convention between the United States and Mexico of the llth of April, 1839, amounted to two millions and twenty-six thousand one hundred and thirty-nine dollars and sixty- eight cents. This sum was payable in twenty equal annual instal ments. Three of them have been paid to the claimants by the Mexi can government, and two by the United States leaving to be paid of the principal of the liquidated amount assumed by the United States the sum of one million five hundred and nineteen thousand six hundred and four dollars and seventy-six cents, together w T ith. the interest thereon. These several amounts of u liquidated" and unliquidated claims assumed by the United States, it is believed, may be paid as they fall due, out of the accruing revenue, without the issue of stock or the creation of any additional public debt. I cannot too strongly recommend to Congress the importance of [60] 6 Husbanding all our national resources, of limiting the public ex penditures to necessary objects, and of applying all the surplus at any time in the treasury to the redemption of the debt. I recom mend that authority be vested in the Executive by law to antici pate the period of reimbursement of such portion of the debt as may not be now redeemable, and to purchase it at par, or at the premium which it may command in the market, in all cases in which that authority has not already been granted. A premium has been obtained by the government on much the larger portion of the loans; and if, when the government becomes a purchaser of its own stock, it shall command a premium in the market, it will be sound policy to pay it, rather than to pay the semi-annual in terest upon it. The interest upon the debt, if the outstanding treasury notes shall be funded, from the end of the last fiscal year until it shall fall due and be redeemable, will be very nearly equal to the principal, which must itself be ultimately paid. Without changing or modifying the present tariff of duties, so great has been the increase of our commerce under its benign ope ration, that the revenue derived from that source, and from the sales of the public lands, will, it is confidently believed, enable the government to discharge annually several millions of the debt, and at the same time possess the means of meeting necessary ap propriations for all other proper objects. Unless Congress shall authorize largely increased expenditures, for objects not of abso lute necessity, the whole public debt existing before the Mexican war, and that created during its continuance, may be paid off with out any increase of taxation on the people long before it fall due. Upon the restoration of peace, we should adopt a policy suited to a state of peace. In doing this, the earliest practicable pay ment of the public debt should be a cardinal principle of action. Profiting by the experience of the past, we should avoid the errors into which the country was betrayed shortly after the close of the war with Great Britain in 1815. In a few years after that period, a broad and latitudinous construction of the powers of the fede ral government, unfortunately received but too much countenance. Though the country was burdened with a heavy public debt, large, and in some instances unnecessary and extravagant expen ditures were authorized by Congress. The consequence was, that the payment of the debt was postponed for more than twenty years; and even then it was only accomplished by the stern will and unbending policy of President Jackson, who made its payment a leading measure of his administration. He resisted the attempts which were made to divert the public money from that great object, and apply it in wasteful and extravagant expenditures for other objects; some of them of more than doubtful constitutional author ity and expediency. If the government of the United States shall observe a proper economy in its expenditures, and be confined in its action to the conduct of our foreign relations, and to the few general objects of its care enumerated in the Constitution, leaving all municipal and Jocal legislation to the States, our greatness as a nation, in moral 7 [60] and physical power, and in wealth and resources, cannot be cal culated. By pursuing this policy, oppressive measures operating unequally and unjustly upon sections and classes, will be avoided, and the people, having no cause of complaint, will pursue their own inter ests, under the blessings of equal laws and the protection of a just and paternal government. By abstaining from the exercise of all powers not clearly conferred, the current of our glorious Union, now numbering thirty States, will be strengthened as we grow in age and increase in population, and our future destiny will be without a parallel or example in the history of nations. JAMES K. POLK. WASHINGTON, July 6, 1848. [60] 8 TREATY Of peace, friendship, limits and settlement, between the United- States of America and the Mexican republic. Dated at Guada- lupe Hidtflgo, February 2, 1848; ratified by the President of the United States, March 16, 1848; exchanged at Queretaro, May 30, 1848; proclaimed by the President of the United States, July 4, 1848. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. WHEREAS, a treaty of peace, friendship, limits and settlement, be tween the United States of America and the Mexican republic, was concluded and signed at the city of Guadalupe Hidalgo, on the second day of February, one thousand eight hundred and forty-eight, which treaty, as amended by the Senate of the United States, and, being in the English and Spanish languages, is word for word as follows: In the name of Almighty Gcd: 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 re spective plenipotentiaries, that is to say, the President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the Pres ident 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 En el nombre de Dios Todo- Poderoso: Los Estados Unidos Mexicanos y los Estados Unidos de Amer ica, animados de un sincero de- seo de poner termino a las cala- midades de la guerra que des- graciadamente existe entre ambas republicas, y de establecer sobre bases s<5lidas relaciones de paz y buena amistad, que procuren re- ciprocas ventajas a los ciudada- nos de uno y otro pais, y afian- zen la concordia, armonia y mutua seguridad en que deben vivir, como buenos vecinos, los dos pueblos ban nombrado a este efecto sus respectivos plen- ipotenciarios; a saber, el Presi- dente de la repiiblica Mexicana a Don Bernardo Couto, Don Mi guel Atristain, y Don Luis Gon zaga Cuevas, ciudadanos de la misma repiiblica; y el Presidente de los Estados Unidos de Amer ica a Don Nicolas P. Trist, eiu- [60] reciprocal communication of their respective full powers, have, un der the protection of Almighty God, the author of peace, ar ranged, agreed upon, and signed the following Treaty of peace , friendship , lim its and settlement, between the United States of America and the Mexican republic. ARTICLE I. There shall be firm and uni versal peace between the United States of America and the Mex ican republic, and between their respective countries, territories, cities, towns and people, with out exception of places or per sons. ARTICLE II. Immediately upon the signa ture of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the general-in- chief of 4ne forces of the United States, and such as may be ap pointed by the Mexican govern ment, to the end that a provi sional 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 ju dicial branches, so far as this shall be permitted by the cir cumstances of military occupa tion. ARTICLE III. Immediately upon the ratifica tion 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 dadano de dichos Estados; qui- enes despues de haberse comuni- cado sus plenos poderes, bajo la proteccion del Sefior Dios Todo Poderoso, autor de la paz, han ajustado, convenido, y firmado el siguiente Tratado de paz, amistad^ limites y arreglo definitive entre la repiiblica Mexicana y los Esta- dos Unidos de America. ARTICULO I. Habra paz firme y universal entre. la republica Mexicana y los Estados Unidos de America, y entre sus respectivos paises, territories, ciudades, villas, y pueblos, sin escepcion de lugares 6 personas. ARTIGULO II. Luego que se firme el presente tratado, iabra un convenio entre el comisionado u comisionados del gobierno Mexicano, y el 6 los que nombre el General en gefe de las fuerzas de los Esta dos Unidos, para que cesen pro- visionalmente las hostiliclades, y se restablezca en los lugares oc- upados por las mismas fuerzas el orden constitucional en lo poli tico, administrative, y judicial, en cuantb lo permitan las cir- cunstancias de ocupacion mil- itar. ARTICULO III. Luego que este tratado sea ra- tificado por el gobierno de los Estados Unidos, s expediran 6rdenes a sus comandantes de tierra y mar previniendo a estos segundos (siempre que el tratado [60] 10 latter (provided this treaty shall then have been ratified by the government of the Mexican re public, and the ratifications ex changed) immediately to desist from blockading any Mexican ports; and requiring the former (under the same condition) to commence, at the earliest mo ment practicable, withdrawing all troops of the United States then in the interior of the Mexi can republic, to the 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 pos sible delay; the Mexican govern ment hereby binding itself to afford every facility in its power for rendering the same conve nient to the troops, on their march and in their new posi tions, and for promoting a good understanding between them and the inhabitants. In like man ner, orders shall be despatched to the persons in charge of the custom houses at all ports occu pied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorised by the Mexican government to receive it, together with all bonds and evidences of debts 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 on exports, collected at such custom houses, or else where in Mexico, by authority of the United States, from and after the day of the ratification of this treaty by the govern ment of the Mexican republic; haya sido ya ratificado por el gobierno de la republica Mexi- cana, y cangeadas las ratifica- ciones) que inmediatamente alcen el bloqueo de todos los puertos Mexicanos,y raandando a los pri- meros (bajo la misma condicion) que a. la mayor posible brevedad comiencen a retirar todas las tropas de los Estados Unidos que se hallaren entonces en el inte rior de la republica Mexicana, a puntos que se elegiran de comun acuerdo, y que no distaran de los puertos mas de trienta leguas; esta evacuacion del inte rior de la republica se consu- mera con la menor dilacion pos ible, comprometiendose a la vez el gobierno Mexicano a facilitar, cuanto quepa en su arbitrio, la evacuacion de las tropas Ameri- canas; a hacer cdmodas su marcha y su permanencia en los nuevos puntos que se elijan; y a promover una buena inteligencia entre eilas y los habitantes. Igualmente se libraran ordenes & las personas encargadas de las aduanas maritiraas en todos los puertos ocupados por las fuerzas de los Estados Unidos, previni- endoles (bajo la misma condi cion) que pongan inmediata mente en posesion de dichas aduanas a las personas autoriza- das por el gobierno Mexicano para recibirlas, entregandoles al misnio tiempo todas las obliga- ciones y constancias de deudas pendientes por derechos de im- portacion y exportacion, cuyos plazos no esten vencidos. Ade- mas se formara una cuenta fiel y exacta que manifeste el total monto de los derechos de impor- tacion y exportacion, recaudados en las mismas aduanas mariti- mas 6 en cualquiera otro lugar de Mexico por autoridad de los Estados Unidos desde el dia de 11 [60] and also on 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 the ratifications. The evacuation of the capital of the Mexican republic by the troops of the United States, in virtue of the above stipulations, shall be completed in one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner if possible. la ratificacion de este tratado por el gobierno de la republica Mex icana; y tambien una cuenta de los gastos de racaudacion; y la total suma de los derechos cob- rados, deducidos solamente los gastos de racaudacion, se entre- gara al gobierno Mexicano en la ciudad de Mexico a los tres meses del cange de las ratifica- ciones. La evacuacion de la capital de la republica Mexicana por las tropas de los Estados Unidos, en consecuencia de lo que queda es- tipulado, se completara al mes de recibirse por el comandante de dichas tropas las 6rdenes con- venidas en el presente articulo 6 antes si fuere posible. ARTICLE IV. Immediately after the exchange of ratifications of the present treaty, all castles, forts, territo ries, places, and possessions, which have been taken or occu pied by the forces of the United States during the present war, within the limits of the Mexican republic, as about to be estab lished by the following article, shall be definitively restored to the said republic, together with all the artillery, arms, apparatus of war, munitions, and other pub lic property, which were in the said castles and forts when cap tured, and which shall remain there at the time when this trea ty shall be duly ratified by the government of the Mexican re public. To this end, immediate ly upon the signature of this treaty, orders shall be despatch ed to the American officers com manding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, muni- ARTICULO IV. Luego que severifique el cange de las ratificaciones del presente tratado, todos los castillos, for- talezas, territories, lugares, y posesiones que hayan tornado u ocupado las fuerzas de los Esta dos Unidos, en la presente guer- ra, dentro de los limites que por el siguiente articulo van afijarse a la republica Mexicana, se de- volveran definitivamente a la misma republica, con toda la ar- tilleria, armas, aparejos de guer- ra, municiones, y cualquiera otra propiedad publica existentes en dichos castillos y fortalezas, cu- ando fueron tornados, y que se conserve en ellos al tiempo de ratificarse por el gobierno de la republica Mexicana el presente tratado. A este efecto, inmedi- atamente despuesque sefirme,se expediran ordenes a los oficiales Americanos que mandan dichos castillos y fortalezas para asegu- rar toda la artilleria, armas, apa rejos de guerra, municiones, y cualquiera otra propiedad piibli- [ 60 ] 12 tions, or other public property. The city of Mexico, within the inner line of intrenchments sur rounding the said city, is com prehended in the above stipula tions, as regards the restoration of artillery, apparatus of war, &c. The final evacuation of the territory of the Mexican repub lic, by the forces of the United States, shall be completed in three months from the said ex change of ratifications, or sooner if possible: the Mexican govern ment hereby engaging, as in the foregoing article, to useallmeans in its power for facilitating such evacuation, and rendering it con venient to the troops, and for promoting a good understanding between them and the inhabi tants. 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 comple ted before the commencement of the sickly season, at the Mexi can ports on the Gulf of Mexico, in such case a friendly arrange ment shall be entered into be tween 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 ex ceeding 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 com prehending 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 bide, on land or on sea, ca, la cual no podra en adelante rernoverse de donde se halla, ni destruirse. La ciudad de Mexi co dentro de la linea interior de atrincheramientos que la circun- dan queda comprendida en la precedente estipulacion en lo que toca a la devolucion de artilleria, aparejos de guerra, etc. La final evacuacion del territo- rio de la repiiblica Mexicana por las fuerzas de los Estados Uni- dos quedara consumada a los tres meses del cange de las ratifica- ciones, 6 antes si fuere posible, comprometiendose a la vez el go- bierno Mexicano, como en el ar- ticulo anterior, a usar de todos los medios que esten en su poder para facilitar la tal evacuacion, hacerla comodaalas tropas Amer- icanas, y promover entre ellas y los habitantes una buena intelli- gencia. Sin embargo, si la ratificacion. del presente tratado por ambas partes no tuviera efecto en tiem- po que permita que el embarque de las tropas de los Estados Uni- dos se complete, antes de que comience la estacion malsana en los puertos Mexicanos del golfo de Mexico; en tal caso, se hara un arreglo amistoso entre el go- bierno Mexicano y el general-en- gefe de dichas tropas, y por me- dio de este arreglo se senalaran lugares salubres y convenientes (que no disten de los puertos mas de treinta leguas) para que resi- dan en elios hasta lavuelta dela estacion sana la.s tropas que aun. no sehayan embarcado. Y queda entendido que el espacio de tiem- po de que aqui se habla, coma comprensivo de la estacion mal sana, se extiende desde el dia primero de Mayo hasta el dia primero de Noviembre. Todos los prisioneros de guerra tornados en mar 6 tierra por am- 13 [60] shall be restored as soon as prac ticable after the exchange of rat ifications 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 govern ment of the United States will exact the release of such cap tives, and cause them to be re stored to their country. bas partes, se restituiran a la may or brevedad posible despues del cange de las ratificaciones del presente tratado. Queda tambien convenido que si algunos Mexi- canos estuvieren ahora cautivos en poder de alguna tribu salvage dentro de los limites que por el siguiente articulo van & iijarse & los Estados Unidos, el gobierno de los misnios Estados Unidos exigira" su libertad y los hara res- tituir a su pais. 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 di rectly into the sea; from thence tip the middle of that river, fol lowing the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mex ico; 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 in tersects the first branch of the river Gila; (or if it should not intersect any branch of that riv er, 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 ARTICULO V. La linea divisoria entre las dos repiiblicas commenzara en el gol- fo de Mexico, tres leguas fuera de tierra frente a la desembocadura del Rio Grande, llamado por otro nombre Rio Bravo del Norte, 6 del mas profundo de sus brazos, si en la desemboca dura tuviere varies brazos; cor- . rera por mitad de dicho rio, siguiendo el canal mas profundo, donde tenga mas de un canal,, hasta el punto en que dicho rio corta el lindero meridional de Nuevo Mexico; continuara luego. hacia occidente por todo este lindero meridional (que corre al norte del pueblo llamado Paso) hasta su termino por el lado de occidente; desde alii subira la linea divisoria hacia el norte por el lindero occidental de Nuevo Mexico, hasta donde este lindero este cortado por el pri mer brazo del rio Grili; (y si no esta cortado por ningun brazo del rio Gila, entonces hasta el punto del ruismo lindero occi dental mas cercano al tal brazo, y de alii en una linea recta al mismo brazo;) continuard. des pues por mitad de este brazo y del rio Gila hasta su confluencia con el rio Colorado; y desde la [60] 14 Lower California, to the Pacific ocean. The southern and western lim its of New Mexico, mentioned in this article, are those laid down in the map entitled "Map of the United Mexican States, as organ ized 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 tra cing 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 Paciic 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 Pantoja, second sail ing-master of the Spanish fleet, and published at Madrid in the year 1802, in the Atlas to the voyage of the schooners Sutil and Mexicana, of which plan a copy is hereunto added, signed and sealed by the respective pleni potentiaries. In order to designate the boun dary line with due precision, upon authoritative maps, and to establish upon the ground land marks which shall show the lim its of both republics, as describ ed in the present article, the two governments shall each appoint confluencia de ambos rios la linea divisoria, cortando el Col orado, seguira el limite que separa la Altn de la Baja Cali fornia hasta el mar Pacifico. Los linderos meridional y oc cidental de Nuevo Mexico, de que habla este articulo, son los que se marcan en la carta titulada: Mapa de los Estados Unidos de Mexico segun lo or- ganizado y definido por las va- rias actas del Congreso de dicha republica, y construido por las mejores autoridades. Edicion re- visada que publico en Nueva York en 1847, J. Disturnell; de la cual se agrega un ejemplar al presente tratado, firmado y sel- lado por los plenipotenciarios infrascriptos. Y para evitar toda dificultad al trazar sobre la tierra el limite que separa la Alta de la Baja California, queda con- venido que dicho limite consis- tira en una linea recta tirada desde la mitad del rio Gila en el punto donde se une con el Colorado, hasta un punto en la costa del mar Pacifico, distante una legua marina al surdel punto mas meridional del puerto de San Diego, segun este puerto esta dibujado en el piano que levantd el ano de 1782 el segun- do piloto de la armada Espanalo Don Juan Pantoja, y se publico en Madrid el de 1802, en el atlas para el viage de las goletas Sutil y Mexicana; del cual piano se agrega copia firmada y sellada por los plenipotenciarios respec- tivos. Para consiguar la linea divi soria con la precision debida en mapas febacientes, y para es- tablecer sobre la tierra mojones que pongan a la vista los limites de ambas republicas, segun que- dan descritos en el presente ar ticulo, nombrara cada uno de los 15 [60] -a commissioner and a surveyor, who, before the expiration of one year from the date of the 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 re spective escorts, should such be necessary. The boundary line established by this article shall be religious ly 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 con stitution. ARTICLE VI. The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage 'by the gulf of Califor nia, and by the river Colorado below its confluence with the Gila, to and from their posses sions situated north of the boun dary line defined in the preced ing article; it being understood that this passage is to be by nav igating the gulf of California and the river Colorado, and not by land, without the express con sent of the Mexican government. dos gobiernos un commisario y un agrimensor que se juntaran antes del termino de un ano con- tado desde la feeha del cange de las ratificaciones de este tratado, en el puerto de San Diego, y procederan a senalar y demarcar la expresada linea divisoria en todo su curso hasta la desembo- cadura del Rio Bravo del Norte. Llevaran diarios y llevantaran pianos de sus operaciones: y el resultado convenido por ellos se tendra por parte de este tratado, y tendra la misma fuerza que si estuviese inserto en el; debiendo convenir amistosamente los dos gobiernos en el arreglo de cuan- to necesiten estos individuos, y en la escolta respectiva que de- ban llevar, siempre que se crea necessario. La linea divisoria que se esta- blece por este articulo sera re- ligiosamente respetada por cada una de las dos repiiblicas, y nin- guna variacion se hara jamas en ella, sino de expreso y libre con- sentimiento de arabas naciones, otorgado legalmente por el go- bierno general de cada una de ellas, con arreglo a su propia constitucion. ARTICULO VI. Los buques y ciudadanos de los Estados Unidos tendran en todo tiempo un libre y no inter- rumpido transito por el golfo de California y por el rio Colorado desde su confluencia con el Gila, para sus pesesiones y desde sus posesiones sitas al riorte de la linea divisoria que queda mar- cada en el articulo precedente; entendiendose que este transito se ha do hacer navegando por el golfo de California y por el Rio Colorado, y no por tierra, sin expreso consentimiento del gobierno Mexicano. [60] 16 If, by the examinations which may be made, it should be ascer tained to be practicable and ad vantageous 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 govern ments of both republics will form an agreement regarding its con struction, in order that it may serve equally for the use and ad vantage of both countries. ARTICLE VII. The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two repub lics, the navigation of the Gila and of the Bravo below said boundary shall be free and com mon 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 pur pose of favoring new methods of navigation. Nor shall any tax or contribution, under any deno mination 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 for maintain ing 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 im- Si por recopocimientos que se practiquen, se comprobare la posibilidad y conveniencia de construir un camino, canal, 6 fer- ro-carril, que en todo 6 en parte corra sobre el rio Gila 6 sobre alguna de sus margenes derecha 6 izquierda en la latitud de una legua marina de uno 6 de otro lado del rio, los gobiernos de ambas republicas se pondran de acuerdo sobre su construccion a fin de que sirva igualmente para el uso y provecho de ambos paises. ARTICULO VII. Como el rio Gila y la parte del Rio Bravo del Norte que corre bajo el lindero meridional de Nuevo Mexico se dividen por mitad entre las dos republicas ? segun lo establecido en el arti- culo quinto, la navegacion en el Gila y en la parte que queda in- dicada del Bravo, sera libre y comun a los buques y ciudadanos de ambos paises, sin que por al- guno de ellos pueda hacerse (sin censentimiento del otro) ninguna obra que impido 6 interrumpa en todo 6 en parte el ejercicio de este derecho, ni aim con motivo de favorecer nuevos metodos de navegacion. Tampoco se podra cobrar (sino en el caso de desem- barco en alguna de sus riberas) ningun impuesto 6 contribucion bajo ninguna denominaoion 6 ti- tuio a los buques, efectos, mer- cancias 6 personas que nareguen. en dichos rios. Si para hacerlos 6 mantenerlos navegables fuere necesario 6 conveniente estable- cer alguna contribucion 6 impu esto, no podra esto hacerse sin el consentimiento de los dos go biernos. Las estipulaciones contenidas en el presente articulo dejan ile- sos los derechos territoriales de 17 [60] pair the territorial rights of eith er 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 re side, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or dispos ing 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 re main 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 elec tion within one year from the date of the exchange of ratifica tions of this treaty; and those who shall remain in the said ter ritories after the expiration of that year, without haying de clared 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, proper ty of every 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 re spect to it guaranties equally ample as if the same belonged to citizens of the United States. una y otra repiiblica dentro de los limites que les quedan mar- cados. ARTICULO VIII. Los Mexicanos eslablecidos hoy en territories pertenecientes antes a Mexico, y que quedan para lo futuro dentro de los li mites senalados por el presente tratado a los Estados Unidos, po- dran permanecer en donde abora habitan, 6 trasladarse en cual- quier tiempoala repiiblica Mex- ieana, conservando en los indi- cados territories los bienes que poseen, 6 enagenandolos y pas- ando su valor a donde les con- venga, sin que por esto pueda exigirselesningun genero de con- tribucion, gravamen 6 impuesto. Los que prefieran permanecer en los indicados territories, po- dran conservar el titulo y clere- chos de ciudadanos Mexicanos, 6 adquirir el titulo y derechos de ciudadanos de los Estados Uni dos. Mas la eleccion entre una y otra ciudadania deberan hacer- la dentro de un ano contado des- de la fecha del cange de las rati- ficaciones de este tratado. Y los que permanecieren en los indica dos territorios despues de trans- currido el ano, sin haber decla- rado su intencion de retener el caracter de Mexicanos, se consi- derara que han elegido ser ciu dadanos de los Estados Unidos. Las propiedades de todo gene ro existentes en los expresados territorios, y que pertenecen aho- ra a Mexicanos no establecidos en ellos, seran respetadas invio- lablemente. Sus actuates duenos, los herederos de estos, y los Me xicanos que en lo venidero pue- dan adquirir por contrato las in- dicadas propiedades, disfrutaran respecto de ellas tan amplia ga- rantia, como si perteneciesen a ciudadanos de los Estados Unidos. [CO] 18 ARTICLE IX. The Mexicans who, in the ter ritories aforesaid, shall not pre serve the character of citizens of the Mexican republic, conform ably with what is stipulated in the preceding article, shall be in corporated 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 Uni ted States, according to the prin ciples of the constitution; and in the mean time shall be maintained and protected in the free enjoy ment of their liberty and proper ty, and secured in the free exer cise of their religion without re striction. ARTICLE X. [Stricken out.] ARTICLE XI. Considering that a great part of the territories which, by the present treaty, are to be compre hended for the future Within the limits of theUnited States, is now occupied by savage tribes, who will hereafter be under the ex clusive control of the govern ment of the United States, and whose incursions within the ter ritory of Mexico would be pre judicial in the extreme, it is so lemnly agreed that all such in cursions shall be forcibly re strained by the government of the United States whensoever this may be necescary; 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 medi- ARTICULO IX. Los Mexicanos que,en los ter ritories antedichos no conserven el caracter de ciudadanos de la re- publica Mexicana, segun lo esti- pulado en el articulo precedente seran incorporados en la union de los Estados Unidos, y se admiti- ran en tiempo oportuno (a juicio del Congreso de los Estados Uni dos) al goce de todos los dere- chos de ciudadanos de los Esta dos Unidos conforme a los prin- cipios de la constitucion; y en- tretanto seran mantenidos y pro- tegidos en el goco de su libei tad y propiedad, y asegurados en el libre ejercicio de su religion sin restricion alguna. ARTICULO X. [Suprimido.] ARTICULO XI. En atencion a qne una gran parte de los territories que por el presente tratado van a quedar para lo futuro dentro de los limi- tes de los Estado Unidos, se halla actualmente ooupada por tribus salvages, que han de estar en adelante bajo la exclusiva auto- ridad del gobierno de los Estados Unidos, y cuyas incursiones sobre los distritos Mexicanos serian en extreme perjudiciales; esla so- lemnemente convenido que el mismo gobierno de los Estados Unidos contendra las indicadas incursiones pormedio de la fuer- za siempre que asisea necesario; y cuando no pudiere prevenirlas, castigara y cscarmentara d los invasores, exiglendoles ademas la debida reparacion: todo del mismo modo, y con la misma di- ligencia y energia con que obra- ria ; si las incursiones se hubiesea 19 [60] tated 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 Mexi can, or any foreigner residing in Mexico, who may have been cap tured by Indians inhabiting the territory of either of the two re publics, nor to purchase or ac quire horses, mules, cattle, or property of any kind, stolen with in Mexican territory by such In dians. And in the event of any per son or persons, captured within Mexican territory by Indians, be ing carried into the territory of the United States, the govern ment 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 gov ernment of the United States no tice of such captures; and its agent shall pay the expenses in- cu^red in the maintenance and transmission of the rescued cap tives; who, in the meantime, shall be treated with the utmost hospitality by the American au thorities at the place where they may be. But if the government of the United States, before re ceiving such notice from Mex ico, should obtain intelligence, through any other channel, of the existence of Mexican cap tives within its territory, it will proceed forthwith to eiiect i eir meditado 6 ejecutado sobre ter ritories suyos 6 contra sus pro- pios cludadanos. A ningun habitanle de los Es- tados Unidos sera licito, bajo ningun pretesto, comprar 6 ad- quirir cautivo alguno, Mexicano 6 extrangero, residente en Mex ico, apresado por los Indies habi- tantes en territorio de cualquiera de las dos republicas, ni los ca- ballos, mulas, ganados, 6 cual quiera otro genero de cosas que hayan robado dentro del terri torio Mexicano. Y en caso de que cualquier per sona 6 personas cautivadas por los Indios dentro del territorio Mexicano scan llevadas al terri torio de los Sstados Unidos, el gobierno de dichos Estados Uni dos se compromete y liga de la manera mas solemne, en cuanlo le sea posible, a rescatarlas, y a restituirlas a su pais, 6 entregar- las al agente 6 reprerentanta del gobierno Mexicano ; haciendo todo esto, tan luego como sepa que los dichos cautivos se hallan dentro de su territorio, y emple- ando al efecto el leal ejercicio de suj[influencia y poder. Las autoridades Mexicanas daran a las de los Estados Unidos, segun sea practicable, una noticia de tales cautivos; y el agente Mexi cano pagara los gastos erogados en el mantenimiento y remision de los que se rescaten, los cuales entre tanto se an tratados con la mayor hospitalidad por las auto ridades Americanas del lugar en que se encuentren. Mas si el gobierno de los Estados Unidos antes de recibir aviso de Mexico, tuviera noticia por cualquiera otro conducto de existir en su territorio cuativos Mexicanos, procedera desde luego a verificar su rescate y entrega al agente [60] 20 release and delivery to the Mexi can agent as above stipulated. For the purpose of giving to these stipulations the fullest pos sible efficacy, thereby affording the security and redress demand ed 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 ter- tories, or for its being settled by citizens of the United States; but on the contrary, special care shall be taken not to place its Indian occupants under the necessity of seeking new homes, by commit ting those invasions which the United States have solemnly obliged themselves to restrain. ARTICLE XII. In consideration of the exten sion 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 mil lions 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 Mexicano, segun queda conve- nido. Con el objeto de dar a estas estipulaciones la mayor fuerza posible, y afianzar al rnismo ti- enapo la seguridad y las repara- ciones que exige el verdadero espiritu e intencion con que se han ajustado, el gobierno de los Estados Unidos dictara sin iniitiles delaciones, ahora y en lo de adelante, las leyes que re- quiera la naturaleza del asunto, y vigilara siempre sobresu ejecu- cion. Finalmente, el gobierno de los mismos Estados Unidos ten- dra muy presente la santidad de esta obligacion siempre que tenga que desalojar a los Indies de cualquier punto de los indicados territorios 6 que establecer en el a ciudadanos suyos: y cuidara muy especialmente de que no se ponga a los Indios que habitaban antes aquel punto, en necesidad de buscar nuevos hogares por medio de las incursiones sobre los distritos Mexicanos, que el gobierno de los Estados Unidos se ha comprometido solemne- mente a reprimir. ARTICULO XII. Enconsideracion dla estension que adquieren los limites de los Estados Unidos, segun quedan descritos en el articulo quinto del presente tradado, el gobierno de los mismos Estados Unidos se compromete a pagar al de la re- publica Mexicana la suma de quince millones de pesos. Inraediatamente despues que este tratado haya sido ratificado por el gobierno de la republica Mexicana, se entregara al mismo gobierno por el de los Estados Unidos, en la ciudad de Mexico, y en moneda de plata u oro del cuno Mexicano la suma de tre& millones de pesos. Los doce 21 [60] millions of dollars shall be paid at the same place, and in the same coin, in annual instalments of three millions of dollars each, to gether 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 govern ment, and the first of the instal ments shall be paid at the expi ration 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. ARTICLE XIII. The United States engage, moreover, to assume and pay to the claimants all the amounts now due them., and those here after to become due, by reason of the claims already liquidated and decided against the Mexican republic, under the conventions between the two republics sever ally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thir tieth day of January, eighteen hundred and forty-three; so that the Mexican republic shall be absolutely exempt, for the fu ture, from all expense whatever on account of the said claims. AETICLE XIV. The United States do further more discharge the Mexican re public from all claims of citizens of the United States, not hereto fore decided against the Mexi can government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final millones de pesos restantes se pagaran en Mexico, en moneda de plata u oro del curio Mexi- cano, en abonos de tres millones de pesos cada ano, con un redito de seis por ciento anual: este redito cornienza a correr para toda lasumade los doce millones el dia de la ratificacion del pre- sente tratado por el gobierno Mexicano, y con cada abono anual de capital se pagara el re dito que corresponda a la suma abonada. Los plazos para los. abonos de capital corren desde el inismo dia ^ue empiezan a cau- sarse los reditos. ARTICULO XIII. Se obliga ademas el gobierno de los Estados Unidos a tomar sobre si, y satisfacer cumplida- mente a los reclamantes, todas las cantidades que hasta aqui se les deben y cuantas se venzan en adelante por razon de las recla- maciones ya liquidadas y senten- ciadas contra la republica Mexi- cana conforme a los convenios ajustados entre ambas repubHcas el once de Abril de mil ochoci- entos treinta y nueve, y el tre- inta de Enero de mil ochocientos cuarenta y tres; de manera que la republica Mexicana nada ab- solutamente tendra que lasta en lo venidero, por razon de los in- dicados reclames. ARTICULO XIV. Tambien exoneran los Estados Unidos a la republica Mexicana de todas las reclamaciones de ciudddanos de los Estados Uni dos no decididas aun contra el gobierno Mexicano, y que pue- dan haberse originado antes de la fecha de la firma del presente tratado: esta exoneracion es de- [60] 22 and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following ar ticle, and whatever shall be the total amount of those allowed. ARTICLE XV. TheUnited States, exonerating Mexico from all demands on ac count of the claims of their citi zens mentioned in the preceding article, and considering them en tirely and forever cancelled, 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 ascer tain the validity and amount of those claims, a board of commis sioners shall be established by the government of the United States, whose awards shall be final and conclusive: .provided, that, in deciding upon the vali dity of each claim, the board shall be guided and governed by the principles and rules of deci sion 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 de cision of any claim, the commis sioners, or the claimants through them, shall, within such period finitiva y perpetua, bien sea que las dichas reclamaciones se ad- mitan, bien sea que se desechen por el tribunal d^ comisafios de que habla el articulo siguiente y cualquiera que pueda ser el mon- to total de las que queden admi- tidas. ARTICULO XV. Los Estados Unidos, exoner- ando a Mexico de toda responsa- bilidad por las reclamaciones de sus ciudadanos rnencionadas en el articulo precedente, y con- siderandolas completamente can- celadas para siempre, sea cual fuere su monto, toman a su car go satisfacerlas hasta una canti- dad que no exceda de tres mil- lones doscientos cincuenta mil pesos. Para fijar el monto y validez de estas reclarcaciones y se establecera por el gobierno de los Estados Unidos un tribunal de comisarios, cuyos fallos seran definitives y cOncluyentes, cor* tal que al decidir sobre la vali dez de dichas reclamaciones, el tribunal se haya guiado y gober- nado por los principios y reglas de decision establecidos en los articulos primero y quinto de la convencion, no ratificada, que se ajusto en la ciudad de Mexico el veinte de Noviembre de mil ochocientos cuarenta y tres: y en ninguri caso se dara fallo en favor de ninguna reclamacion que no este comprendida en las reglas y principios indicados. Si en juicio del dicho tribunal de comisarios, 6 en el de los re- clamantes se necesitaFe para la justa decision de cualquier recla macion algunos libros, papeles de archive 6 documentos que posea el gobierno Mexicano, 6 que esten en su poder; los com isarios, 6 los reclamantes por conducto de ellos, los pediran 23 [60] fis Congress may designate, make an application in writing ior 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 en gages, 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 authen ticated 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 com missioners: 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, com merce, and navigation, con- cluJed at the city of Mexico on the fifth day of April, A. D. 1831, between the United States of America and the United Mex ican 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 pre sent treaty, is hereby revived for the period of eight years from the day of the exchange of rati- por escrito (dentro del plazo que designe el Congreso) dirigien- dose al ministro Mexicano de relacione? exteriores, a quien transmitira las peticiones de esta clase el Secretario de Estado de los Estados Unidos: y el gobier- no Mexicano se compromete a entregar a la mayor brevedad posible, despuesde recibida cada demanda, los libros, papeles de archive 6 documentos, asi espe- cificados, que posea 6 esten en su poder, 6 copias 6 extractos au- tenticos de los mismos, con el objeto de que scan transmitidos al Secretario de Estado, qui en los pasara inmediatamente al ex- presado tribunal de comisarios. Y no se hara peticion alguna de los enunciados libros, papeles 6 documentos, por 6 a instancia de ningun reclamante, sin que antes se haya aseverado bajo juramento 6 con afirmacion solemne la ver- dad de los hechos que con ellos se pretende probar. ARTICULO XVI. Cada una de las dos republi- cas ?e reserva la completa facul- tad de fortificar todos los puntos que para su seguridad estime convenientes en su propio terri- toiio. ARTICULO XVII. El tratado de amistad, comer- cio y navegacion, concluido en la ciudad de Mexico el cinco de Abril, del ano del Senor 1831, entre la republica Mexicana y los Estaclos Unidos de America, esceptuandose el articulo adici- onal y cuanto pueda haber en sus estipulaciones incompatible con alguna de las contenidas en el presente tratado, queda resta- blecido por el periodo de ocho anos desde el dia del cange de las ratificaciones del mismo pre- [60] 24 fications of this treaty, with the same force and virtue as if in corporated therein; it being un derstood that each of the con tracting 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 no tice of such intention to the other party. ARTICLE XVIII. All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops pre vious to the final evacuation thereof, although subsequently to the restoration of the custom houses at such ports, shall be en tirely exempt from duties and charges of any kind; the gov ernment of the United States hereby engaging and pledging its faith to establish, and vigi lantly 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 want ed for the use and consumption of the forces of the United States during the time they may re main in Mexico. To this end, it shall be the duty of all officers and agents of the United States to denounce to the Mexican au thorities at the respective ports any attempt 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 tribu- sente tratado, con igual fuerza y valor que si estuviese inserto en el; debiendo entenderse que cada una de las partes contratan- tes se reserva el derecho de po- ner termino al dicho t'ratado de comercio y navegaciou en cual- quier tiempo luego que haya ex- pirado el periodo de los ocho anos, comunicando su intencion a la otra parte con un aiio de an- ticipacion. ARTICULO XVIII. No se exigiran derechos ni gravamen de ninguna blase a los articulos todos que lleguen para las tropas de los Estados Uni- dos a los puertos Mexicanos oc- cupados por ellas, antes de la evacuacion final de los mismos puertos, y despues de la devolu^ cion a Mexico de las aduanas situadas en ellos. El gobierno de los Estados Unidos se com- promete a la vez, y sobVe esto empefia su fe, a establecer y man- tener con vigilancia cuantos guardas scan posibles para ase- gurar las rentas de Mexico, pre- caviendo la importacion, a la sombra de esta estipulacion, de cualesquiera articulos que real- mente no scan necesarious, 6 que excedan en cantidad de los que se necesiten para el uso y con- sumo de las fuerzas de los Esta dos Unidos mientras ellas per- manezcan en Mexico. A este efecto, todos los oficiales y a- gentes de los Estados Unidos tendran obligacion de denunciar a las autoridades Mexicanas en los mismos, puertos, cualquier conato de fraudulento abuso de esta estipulacion que pudieren conocer 6 tuvieren motive de sospechar; asi como de impartir & las mismas autoridades todo el auxilio que pudieren con este objeto: y cualquier conato de [60] nal, shall be punished by the confiscation of the property so attempted to be fraudulently in troduced. ARTICLE XIX. With respect to all merchan dise, effects, and property what soever, imported into ports of Mexico whilst 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 ob served: 1. All such merchandise, ef fects, 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 treaty, shall be exempt from confisca tion, although the importation of the s^me be prohibited by the Mexican tariff. 2. The same perfect exemption shall be enjoyed by all such mer chandise, 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 re spectively; the said merchandise, effects, and property being, how ever, at the time of their impor tation, 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, and upon their leav ing such place for the interior, esta cle.se, que fu.er.e legalmente probado, y declarado por senten- cia de tribunal competente, sera castigado con el comiso de la cosa que se haya intentado in- troducir fraudulentamente. ARTICULO XIX. , Respecto de los efectos, mer- cancias y propiedades importados en los puertos Mexicanos durante el tiempo que han estado ocupa- dos por las fuerzas de los Esta- dos Unidos, sea por ciudadanos de cuctlquiera de las dos repub- licas, sea por ciudadanos 6 sub- ditos de alguna naciori neutral, se observaran las reglas siguien- tes: 1. Los dichos efectos, mercan- cias y propiedades siempre que se hayan importado antes de la devolucion de las aduanas a las autoriades Mexicanas comforme a lo estipulado en el articulo tercero de este tratado, quedaran libres de la pena de corniso, aun cu'indo scan de los prohibidos en el aranc6l Mexicano. 2. La misma exencion gozaian los efectos, mercancias y propie dades que lleguen a los puertos Mexicanos; despues de la devo lucion a Mexico de las aduanas maritimas, y antes do que expi- ren los sesenta dias que van a fijarse en el articulo siguiente para que empiezea regir el aran- c6l Mexicano en los puertos; de- biendo al tiempo de su importa- cion sujetarse los tales efectos, mercancias y propiedades, en cuanto al pago de derechos, a lo que en el indicado siguiente ar ticulo se establece. 3. Los efectos, mercancias y propiedades designados en las dos reglas anteriores quedaran exentosde todo derecho, alcaba- la 6 impuesto, sea bajo el titulo de internacion, sea bajo cualqui- [60] 26 be exempt from all duty, tax, or impost of every kind, under whatsoever title or denomination. Nor shall they be there subject ed to any charge whatsoever up on 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 denomina tion. 5. But if any merchandise, ef fects, or property, described in the first and second rules, shall be removed to any place not oc cupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or con sumption there, be subject to the same duties which, under the Mexican laws, they would be re quired to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there pai rl the duties conformably with the Mexican tariff. 6. The owners of all merchan dise, effects, or property de scribed 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- era otro, mientras permenezcan en los puntos donde se hayan importado, y a su salida para el interior- y en los mismos pun tos no podra jamas exigirse impuesto alguno sobre su \eiua. 4. Los efectos, mercancias, y propiedades, designados en las reglas primera y segunda que hayan sido internados a cualquier lugar ocupado por fuerzas de los Estados Unidos, quedaran exen- tos de todo derecho sobre su venta 6 consume, y de todo im puesto 6 contribucion bajo cual quier titulo 6 denominacion ? mientras permanezcan en 61 mis- mo lugar. 5. Mas si algunos efectos, mercancias 6 propiedades de los designados en las reglas primera y segunda se trasladaren a algun lugar no ocupado a la sazon por las fuerzas de los Estado? Uni dos; al introducirse a tal lugar, 6 al venderse 6 consurnirse en el quedaran sujetos a los mismos derechos que bajo las leyes Mex- icanas deberian pagar en tales casos si se hubie*ran importado en tiempo depaz por las aduanas maritimas, y hubiesen pagado en ellas los derechos que es-Ublece el arance"! Mexicano. 6. Los duenos de efectos, mer cancias, y propiedades designa dos en las reglas primera y se gunda, y existentes en algun pu- erto de Mexico, tienen derecho de reembarcarlos, sin que pueda exigirseles ninguna clase de im puesto, alcabala 6 contribucion. Respecto de los metales y de toda otra propiedad exportados por cualquier puerto Mexicano durante su ocupacion por las fu erzas Americanas, y antes de la devolution de su aduana al go- louse 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 ex portation, or in any manner to account lor the same to the said authorities. ARTICLE XX. Through consideration for the interests of commerce genera 1 ^; 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 arti cle, 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-houses at the time of the restoration of the same. And to all such merchan dise, effects, and property, the rules established by the prece ding article shall apply. ARTICLE XXI. If unhappily any disagreement should hereafter arise between the governments of the two re publics, whether with respect to the interpretation of any stipu lation in this treaty, or with re spect to any other particular concerning the political or com mercial relations of the two na tions, the said government, in the name of those nations, do promise to each other that they will endeavor, in the most sin- [ 60 ] bierno Mexicano, no se exigira a ninguna persona por las autor- idades de Mexico^ ya dependan del gobierno general, ya de algun estado que pague ningun impu- esto, alcabala 6 derecho por la indicada exportacion, ni sobre ella podra exigirsele por las di- chas autoridades cuenta alguna. ARTICULO XX. For consideracion a los inter- 6ses del comercia de todas las naciones, queda convenido que si pasaren menos de sesenta dias desde la fecha de lafirma de este tratado hasta que se haga la dev olucion de las aduanas mariti- maSj segun lo estipulado en el articulo tercero; todos los efec- tos, mercancias, y propiedades que lleguen a los puertos Mexi- canos desde el dia en que se ver- ifique la devolucion de las dichas aduanas hasta que se completen sesenta dias contados desde la fecha de la firma del presente tratado, se admitiran no pagando otros derechos que los estableci- dos en la tarifa que est6 vigente en las expresadas aduanas al ti- empo de su devolucion, y se ex- tenderan a dichos efectos, mer cancias, y propiedades las mis- mas reglas establecidas en el ar ticulo anterior. ARTICULO XXI. Si desgraciadamente en el ti- empo future se suscitare algun punto de desacuerdo entre los gobiernos de las dos republicas, bien sea sobre la inteligencia de alguna estipulacion de este tra tado, bien sobre cualquiera otra materia de las relaciones politi- cas 6 comerciales de las dos na ciones, los mismos gobiernos, a nombre de ellas,se comprometen a procurar de la manera mas sin- cera y empenosa a llanar las dif- [60] cere and earnest manner, to set tle 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 pa cific negotiations. And if, by these means, they should not be enabled to come to an agree ment, a resort shall not, on this account, be had to reprisals, ag gression, or hostility of any kind, .by the one republic against the other, until the government of that which deems itself ag grieved shall have maturely con sidered, 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 ac ceded to by the other, unless deemed by it altogether incom patible with the nature of the difference, or the circumstances of the case. ARTICLE XXII. If (which is not to t be expect ed, and which God forbid!) war should unhappily break out be tween the two republics, they do now, with a view to such ca lamity, solemnly pledge them selves to each other and to the world, to observe the following rules: absolutely, where the na ture of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible: 1. The merchants of either re public then residing in the other shall be allowed to remain erencias que se presenten y con- servar el estado de paz yamistad en que ahora se ponen los dos paises, usando al efecto de rep- resentaciones mutuas y de nego- ciaciones pacificas. Y si por estos medios no se lograre toda- via ponerse de acuerdo no por eso se apelara a represalia, agre- sion ni hostilidad de ningun gen- ero de una republica contra otra, hasta que el gobierno de la que Se crea agraviada haya consider- ado maduramente y en espiritu de paz y buena vecindad, si no seria mejor que la diferencia se terminara por un arbitramento de comisarios nombrados por ambas partes, 6 de una nacion amiga. Y si tal medio fuere pro- puesto por cualquiera de las dos partes, la otra accedera a el, a no ser que lo juzgue absoluta- mente incompatible con la natu- raleza y circunstancias del caso. ARTICULO XXII. Si (lo que no es de esperarse, y Dios no permita) desgraciada- mente se suscitare guerra entre las dos republicas, estas para el caso de tal calamidad se com- prometen ahora solemnemente, ante si mismas y ante el mundo, a observar las reglas signientes de una manera absoluta si la naturaleza del objeto a que se contraen lo permite; y tan ex- trictamente como sea dable en todos los casos en que la abso luta observancia de ellas fue>e imposible: 1. Los coinerciantes de cada una de las dos republicas que a la sazoa residan en territorio de 29 [60] twelve months, (for those dwel ling 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 sub jects of the most friendly na tions; and, at the expiration thereof, or any time before, they shall have full liberty to depart, carrying off all their ef fects without molestation or hin- derance: 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, schol ars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfor tified towns, villages, or places, and in general all persons whose occupations are for the common subsistence and benefit of man kind, shall be allowed to con tinue their respective employ ments unmolested in their per sons. Nor shall their houses or goods be burnt or otherwise de stroyed, 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 neces sity 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, col leges, libraries, and other estab lishments, for charitable and beneficent purposes, shall be re spected, and all persons connect ed with the same protected in la otra, podran permanecer doce meses los que residan en el inte rior, y seis meses los que resi dan en los puertos, para recoger sus deudas y arreglar sus nego- cios; durante estos plazos dispu- taran la misma proteccion y es- taran sobre el mismo pie en to- dos respectos que los ciudadanos 6 subditos de las riaciones mas amigas; y al expirar el terminoj 6 antes de el, tendran completa libertad para salir y llevar todos sus efectos sin molestia 6 emba- razo, sujetandose en este partic ular a las mismai leyes a que estan sujetos, y deban arreglarse los ciudadanos 6 subditos de las naciones mas amigas. Cuando los ejercitos de una de las dos naciones entren en territories de la otra, las mujeres y ninos, les ecclesiasticos, los estudiantes de cualquier facultad, los labra- dores, comerciantes, artesanos, manufacturers, y pescadores que esten desarmados y residan en ciudades, pueblos, 6 lugares no fortificados, y en general todas las personas cuya ocupacion sirva para la comun subsistencia y beneficio- del genero humano, podran continuar en sus ejerci- cios, sin que sus personas sean molestadas. No seran incendia- das sus casas 6 bienes, 6 destrui- dos de otra manera; ni seran to rnados sus ganados, ni devasta- dos sus campos por la fuerzs ar mada en cuyo poder puedan ve- nir a caer por los acontecimien- tos de la guerra; pero si hubiere necesidad de tomarles alguna cosa para el us de la misma fuerza armada, se les pagara lo tornado ii un precio justo. To das las iglesias, hospitales, escu- elas, colegios, librerias, y demas establecimientos de caridad y beneficencia seran respetados; y todas las personas que dependan [60] 30 the discharge of their duties 3 and the pursuit of their vocations. 2. In order that the fate of prisoners of war may be allevia ted, all such practices as those of sending them into distant, in clement, or unwholesome dis tricts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison-ships, or prisons; nor be put in irons, or bound, or other wise 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 dis posed in cantonments, open and extensive enough for air and ex ercise, and lodged in barracks as roomy and good as are pro vided by the party in whose power they are for its own troops. JBut if any officer shall break his parole by leaving the district so assigned him, or any other pris oner 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 ar ticle as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole, or any common sol dier so escaping from the limits assigned him, shall afterwards be found in arms, previously to his being regularly exchanged, the person so offending shall be dealt with according to the es tablished laws of war. The of ficers shall be daily furnishf d by the party in whose power they are with as DC any rations, and of the same articles, as are ai de los mismas serati protegidas en el desempeno de sus deberes y en la continuacion de sus pro- fesiones. 2. Para aliviar la suerte de los prisioneros de guerra se evitaran cuidadosamente, las praticas de cnviarlos a distritos distantes, inclementes 6 malsanos, 6 de ag- lomerarlos en lugares estrechos y enfirmizos. No se confinaran, en calabosos, prisiones ni pon- tones; no se les aherrojara ni se les atara, ni se les impedira de ningun otro modo el uso de sus miembros. Los onciales que da- ran en libertad bajo su palabra de honor, dentro de distritos convenientes y tendran alojami- entos comedos; y los soldados rasos se colocaran en acantona- mientos bastante despejados y extensos para la ventilacion y el ejercicio, y se alojaran en cuar- teles tan amplios y comedos como los que use para sus propias tro pes la parte que los tenga en su poder. Pero si algun oficial fal- tare a su palabra, saliendo del distrito que se le ha senalado; 6 algun otro prisionero se fugare de los limites de su acantonami- ento despues que cstos se Jes hayan fijado, tal oficial 6 prision ero perdera el beneficio del pre- sente articulo por lo que inera a su libertad bajo su palabra 6 en acantonamiento. Y si algun ofi cial faltando asi a su palabra, 6 algun soldado raso saliendo de los limites que se Je han asig- nado, fuere encontrado despues con las armaa en la mano antes de ser debidamente cangeado, tal persona en esta actitud ofen- siva sera tradada conforme a las leyes comunes de la guerra. A los oficiales se proveera diaria- mente por la parte en cuyo po der esten, de tantas raciones com- puestas de los misiaos articulos 31 [60] lowed, either in kind or by com mutation, to officers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own ser vice: 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 adjust ment of accounts for subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be with held, as a compensation or re prisal for any cause whatever, real or pretended. Each party shall be allowed to keep a com missary 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 du ties or taxes, and to distribute, whatever comforts may be sent to them by their friends; and shall be free to transmit his re ports 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 what ever, shall be considered as an nulling or suspending the solemn covenant contained in this ar ticle. 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 nations. como las que gozan en especie 6 en equivalente los oficiales de la misma graduacior en su propio ejercito: a todos los demas pris- ioneros se proveera diariamente de una racion semejante a la que sc ministra al soldado raso en su propio servicio: el valor de to- das estas suministraciones se pa- gara por la otra parte al con- cluirse la guerra, 6 en los perio- dos que se convengan entre sus respectivos comandantes, prece- diendo una mutua liquidacion de las cuentas que se lleven del mantenimiento de prisioneros: y tales cuentas no se mezclaran ni compensaran con otras; ni el sal- do que resulte de ellas, se reu- sara bajo pretesto de compensa- cion 6 represalia por cualquiera causa, real 6 figurada. Cada una de las partes podra mantener un. comisario de prisioneros nom- brador por ella misma en cada acantonamiento de los prisione ros que esten en poder de la otra parte: este romisario visi- tara a los prisioneros siempre que quiera; tendra facultad de recibar, libres de todo derecho 6 impuesto, y de distribuir todos los auxilios que pueden envi- arles sus amigos, y podra libre- mente transmitir sus partes en cartas abiertas a la autoridad por la cual esta empleado. Y se declara que ni el pretesto de que la guerra destruye los tratados, ni otro alguno, sea el que fuere, se considerara que anula 6 suspende el pacto sol- emne contenido en este articulo. Por el contrario, el estado de guerra es cabalmente el que se ha tenido presents al ajustarlo, y durante el cual sus estipula- ciones se han de observar tan santamente como las obligaci- ones mas reconocidas de .a ^ey natural 6 de gentes. [60] ARTICLE XXIII. This treaty shall be ratified by the President of the United States of America, by and with the ad vice and consent of the Senate thereof; and by the President of the Mexican republic, with the previous approbation of its gen eral Congress: and the ratifica tions 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 hereof, or sooner if practicable. In faith whereof, we ? the re spective plenipotentiaries, have signed this treaty of peace, friendship, limits, and settle ment; and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Gua- dalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hun dred and forty-eight. N. P. TRIST, [L. s. LUIS G. CUEVAS, [L. s. BERNARDO COUTO, |L. s. MIGL. ATRISTAIN, [L. s. ARTICULO XXIII. Este tratado sera ratificado por el Presidente de la republica Mexicans, previa la aprobacion de su Congreso General; y por el Presidente de los EstadosUni- dos de America con el consejo y consentimiento del Senado; y las ratificaciones se cangearan en la ciudad de Washington, 6 donde estuviere el gobierno Mexicano, a los cuatro meses de la fecha de la firma del mismo tratado, 6 antes si fuere posible. En f de lo cual, nosotros los respectivos plenipotenciarios he- mos firmado y sellado por quin- tuplicado este tratado de paz, amistad, limites y arreglo defini- tivo, en la ciudad de Guadalupe Hidalgo, el dia dos de Febrero del ano de nuestro Senor mil * ochocientos cuarenta y ocho. BERNARDO COUTO, MIGL. ATRISTAIN, LUIS G. CUEVAS, N. P. TRIST, L. S. L. S, L. S, L. S, And whereas the said treaty, as amended, has been duly ratified on both parts, and the respective ratifications of the same were ex changed at Queretaro on the thirtieth day of May last, by Ambrose H. Sevier and Nathan Clifford, commissioners on the part of the government of the United States, and by Senor Don Louis de la Rosa, Minister of Relations of the Mexican republic, on the part of that government. Now, therefore, be it known, that I, JAMES K. POLK, Presi dent of the United States of America, have caused the said treaty, to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. ******* Done at the. city of Washington, this fourth day of July, j s. L. J one thousand eight hundred and forty-eight, and of the independence of the United States the seventy-third. JAMES K. POLK, By the President: JAMES BUCHANAN^ Secretary of State, 33 [ 60 ] LIST. Mr. Buchanan to Mr. Slidell, November 10, 1845. Mr. Buchanan to Mr. Trist, April 15, 1847. Mr. Trist to Mr. Buchanan, (extract,) June 3, 1847. Mr. Buchanan to Mr. Trist, (extract,) June 14, 1847. The same to the same, (extract,) July 13, 1847. The same to the same, (extract,) July 19, 1847. The same to the same, October 6, 1847. The same to the same, October 25, 1847. Mr. de la Rosa to Mr. Trist, (translation,) October 31, 1847. Mr. Trist to Mr. Buchanan, November 27, 1847. Mr. Trist to a confidential friend at Queretaro, December 4, 1847. Mr. Buchanan to the Minister of Foreign Relations of the Mexi can Republic, March 18, 1848. Messrs. Sevier and Clifford to Mr. Buchanan, May 25, 1848. Messrs. Sevier and Clifford to Mr. Buchanan, May 30, 1848. Mr. Clifford to Mr. Buchanan, June 12, 1848. 4 Mr. Buchanan to Mr. Slidell. [No. 1,] DEPARTMENT OF STATE, Washington, November 10, 1845. SIR: I transmit, herewith, copies of a despatch addressed by me, under date the 17th September, 1845, to John Black, esq., consul of the United States at the city of Mexico; of a note written by the consul to the Mexican Minister, for Foreign Affairs, dated October 13, 1845; and of the answer of that minister, under date October 15, 1845. From these papers you will perceive that the Mexican govern ment have accepted the overture of the President, for settling all the questions in dispute between the two republics by negotiation; and that consequently the contingency has occurred in which your acceptance of the trust tendered to you by the President is to take effect. You will therefore repair without delay to your post, and present yourself to the Mexican government as the envoy extraor dinary and minister plenipotentiary of the United States. In the present crisis of the relations between the two countries, the office for which you have been selected is one of vast import ance. To counteract the influence of foreign powers exerted against the United States in Mexico, and to restore those ancient relations of peace and good will which formerly existed between the govern ments and the citizens of the sister republics, will be principal ob jects of your mission. The wretched condition of the internal af fairs of Mexico, and the misunderstanding which exists between her government and the ministers of France and England, seem to render the present a propitious moment for the accomplishment of 3 [60] 34 these objects. From your perfect knowledge of the language of the country, your well-known firmness and ability, and your taste and talent for society, the President hopes that you will accomplish much in your intercourse with the Mexican authorities and people. The early and decided stand which the people of the United States and their government took and maintained in favor of the inde pendence of the Spanish American republics on this continent, se cured their gratitude and good will. Unfortunate events have since estranged from us the sympathies of the Mexican people. They ought to feel assured that their prosperity is our prosperity; and that we cannot but have the strongest desire to see them elevated, under a free, stable, and republican government, to a high rank among the nations of the earth. The nations on the continent of America have interests peculiar to themselves. Their free forms of government are altogether dif ferent from the monarchical institutions of Europe. The interests and the independence of these sister nations require that they should establish and maintain an American system of policy for their own protection and security, entirely distinct from that which has so long prevailed in Europe. To tolerate any interference on the part of European sovereigns with controversies in America to permit them to apply the worn-out dogma of the balance of power to the free States on this continent and, above all, to suffer them to es tablish new colonies of their own, intermingled with our free repub lics, would be to make to the same extent a voluntary sacrifice of our independence. These truths ought everywhere throughout the continent of America to be impressed on the public rnind. If, therefore, in the course of your negotiations with Mexico, that gov ernment should propose the mediation o,r guarantee of any Euro pean power, you are to reject the proposition without hesitation. The United States will never afford, by their conduct, t e slightest pretext for any interference from that quarter in American concerns. Separated as we are from the Old World by a vast ocean, and still further removed from it by the nature of our political institutions, the march of free government on this continent must not be tram melled by the intrigues and selfish interests of European powers. Liberty here must be allowed to work out its natural results; and these will ere long astonish the world. Neither is i1> for the interest of those powers to plant colonies on this continent. No settlements of the kind can exist long. The expansive energy of free institutions must soon spread over them. The colonists themselves will break from the mother country, to become free and independent States. Any European nati6n which should plant a new colony on this continent would thereby sow the seeds of troubles and of wars, the injury from which, even to her own interests, would far outweigh all the advantages which she could possibly promise herself from any such establishment. The first subject which will demand your attention is the claims of our citizens on Mexico. It would be useless here to trace the history of these claims, and the outrages from which they spring. The archives of your legation will furnish all the necessary informa- 35 [ 60 ] tion on this subject. The history of no civilized nation presents, in so short a period of time, so many wanton attacks upon the rights of persons and property as have been endured by citizens of the United States from the Mexican authorities. These- never would have been tolerated by the United States from any nation on the face of the earth, except a neighboring and sister republic. President Jackson, in his message to the Senate of the 7th Feb ruary, 1837, uses the following language with great justice and truth: " The length of time since some of the injuries have been committed; the repeated and unavailing applications for redress; the wanton character of some of the outrages upon the property and persons of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late Extraordinary Mexican Minister, would justify, in the eyes of all nations, immediate war." Still, he was unwilling to resort to this last extremity, without " giving to Mexico one more opportunity to atone for the past be fore we take redress into our own hands." Accordingly, he rec ommended a that an act be passed authorizing reprisals, and the use of the naval force of the United States by the Executive against Mexico, to enforce them, in the event of a refusal by the Mexican government to come to an amicable adjustment of the matters in controversy between us, upon another demand thereof made from on board one of our vessels of war on the coast of Mexico." This message was referred to the Committee on Foreign Rela tions, which, on the 19th February, 1837, made a report to the Sen ate entirely in accordance with the message of the President in re gard to the outrages and wrongs committed by Mexico on citizens of the United States. They recommended, however, that another demand should be made for redress upon the Mexican government, in pursuance of the form required by the 34th article of our treaty with Mexico, and the result submitted to Congress for their deci sion before actual hostilities should be authorized. The committee say: "After such a demand, should prompt justice be refused by the Mexican government, we may appeal to all nations not only for the equity and moderation with which we have acted towards a sis ter republic, but for the necessity which will then compel us to seek redress for our wrongs, by actual war or by reprisals. The subject will then be presented before Congress at the commence ment of the next session, in a clear and distinct form, and the com mittee cannot doubt but that such measures will be immediately adopted as may be necessary to vindicate the honor of the country, and insure ample reparation to our injured fellow-citizens." The resolution with which this report concludes, was, on the 27th February, adopted by the unanimous vote of the Senate. The re port of the Committee on Foreign Affairs made to the House of Representatives on the 24th February, 1837, breathes the same spirit with that of the Senate. In pursuance of the suggestion of the Committee on Foreign Relations of the Senate, a special messenger was sent to Mexico to make a final demand for redress, with the documents required by [60] 36 the 34th article of the treaty. This demand was made on the 20th July, 1837. The answer to it contained fair promises. How these were evaded from time to time, you will learn by an examination of the archives of your legation. Finally, on the llth April, 1839, a convention was concluded "for the adjustment of claims of citizens of the United States of America upon the government of the Mexican republic." The board of commissioners was no.t organized under this con vention until the 25th August, 1840; and, under its terms, they were obliged to terminate their duties within eighteen months from that date. Four of these eighteen months were spent in preliminary discussions, which had arisen on objections raised by the Mexican commissioners; and, at one time, there was great danger that the board would separate without hearing or deciding a single case. It was not until the 24th December, 1840, that they commenced the examination of the claims of our citizens. Fourteen months only were left to examine and decide upon these numerous and compli cated cases. The claims allowed by the commissioners, without reference to the umpire, amounted, principal and interest, to $439,393 82 The amount, principal and interest, subsequently awarded by the umpire, was 1,586,745 86 $2,026,139 68 The Mexican government finding it inconvenient to pay the amount awarded, either in money or in an issue of treasury notes, accord ing to the terms of the convention, a new convention was conclu ded between the two governments on the 30th January, 1843, to relieve that of Mexico from this embarrassment. Under its terms, the interest due on the whole amount awarded was to be paid on the 30th April, 1843; and the principal, with the accruing interest, was made payable in five years, in equal instalments every three months. Under this new agreement, made to favor Mexico, the claimants have yet received only the interest up to the 30th April, 1843, and three of the twenty instalments. But this is not all. There were pending before the umpire, when the commission expired, claims which had been examined and awar ded by the American commissioners, amounting to $928,627 88. Upon these he refused to decide, alleging that his authority had expired. This was a strange construction of the treaty. Had he decided that his duties did not commence until those of the commissioners had ended, this would have been a more natural interpretation. To obviate this injustice, and to provide for the decision of other claims of American citizens, amounting to $3,336,837 05, which had been submitted too late to be considered by the board, a third convention was signed at Mexico on the 20th November, 1843, by Mr. Waddy Thompson on the part of the United States, and Messrs. Bocanegra and Trigueras on the part of Mexico. On the 30th 37 [ 60 ] January, 1844, this convention was ratified by the Senate of the United States, with two amendments. The one changed the place of meeting of the commissioners from Mexico to Washington; and the other struck out the 16th article, which referred the claims of a pecuniary nature, that ihe two governments might have against each other, to the commissieners, with an appeal to the umpire in case a majority of them could not agree. These amendments were manifestly reasonable and necessary. To have compelled the claimants, all of whom are citizens of the United States, to go to Mexico with their documents and testimony, would, in a great degree, have frustrated the object of the com mission. Besides, the new commission was, in fact, but a contin uance of the old one; and its duties simply were, to complete the business which had been left unfinished in the city of Washington. It was something new in the history of sovereign nations to refer their mutual claims to the arbitrament of a board composed of their own citizens, with an appeal to*a subject appointed by a foreign sovereign. The dignity of sovereign States forbade such a pro ceeding. Besides, it never had been suggested that either of the two governments had claims upon the other, or that there were any claims in existence except those of American citizens on Mexico. It is difficult to conceive why this convention, departing from that of the llth April, 1839, should -have embraced any such pro vision; or why it should have stipulated for claims of citizens of Mexico against the United States, when no such claims had ever been alleged to exist. Upon a reference of these amendments to the government of Mexico, it interposed the same evasions, difficulties and delays, which have always characterized its policy towards the United States. It has never yet decided whether it would or would not accede to them, although the subject has repeatedly been pressed upon its consideration by our ministers. The result of the whole is, that the injuries and outrages com mitted by the authorities of Mexico on American citizens, which, in the opinion of President Jackson, would, so long ago as Febru ary, 1837, have justified a resort to war or reprisals for redress, yet remain wholly unredressed, excepting only the comparatively small amount received under the convention of April, 1839. It will be your duty, in a prudent and friendly spirit, to impress the Mexican government with a sense of their great injustice to wards the United States, as well as of the patient forbearance which has been exercised by us. This cannot be expected to endure much longer, and these claims must now speedily be adjusted in a satis factory manner. Already have the government of the United States too long omitted to obtain redress for their injured citizens. But in what manner can this duty be performed consistently with the amicable spirit of your mission'? The fact is but too well known to the world, that the Mexican government are not now in a con dition to satisfy these claims by the payment of money. Unless the debt should be assumed by the government of the United States, the claimants cannot receive what is justly their due. Fortunately, [ 60 ] 38 the joint resolution of Congress, approved 1st March, 1845, "for annexing Texas to the United States," presents the means of satis fying these claims, in perfect consistency with the interests, as well as the honor of both republics. It has reserved to this government the adjustment "of all questions of boundary that may arise with other governments." This question of boundary may, therefore, be adjusted in such a manner between the two republics as to cast the burden of the debt due to American claimants upon their own government, whilst it will do no injury to Mexico. In order to arrive at a just conclusion upon this subject, it is necessary briefly to state what, at present, are the territorial rights of the parties. The Congress of Texas, by the act of December 19, 1836, have declared the Rio del Norte, from its mouth to its source, to be a boundary of that republic. In regard to the right of Texas to the boundary of the Del Norte, from its mouth to the Paso, there cannot, it is apprehended, be any very serious doubt. It would be easy to establish, by the author ity of our most eminent statesmen, at a time, too, when the ques tion of the boundary of the province of Louisania was better un derstood than it is at present, that, to this extent, at least, the Del Norte was its western limit. Messrs. Monroe and Pinckney, in their communications of January 28, 1805, to Don Pedro Cevallos, then the Spanish minister of foreign relations, assert, in the strongest terms, that the boundaries of that province "are the river Perdido to the east, and the Rio Bravo to the w_est." They say, "the facts and principles which justify this conclusion are so satisfactory to our government^ as to convince it that the United States have not a better right to the island of New Orleans, under the cession referred to, (that of Louisiana,) than they have to the whole district of territory which is above described." Mr. Jef ferson was at that time President, and Mr. Madison Secre tary of State; and you well know how to appreciate their author ity. In the subsequent negotiation with Mr. Cevallos, Messrs. Monroe and Pinckney conclusively vindicated the right of the United States as far west as the Del Norte. Down to the very conclu sion of the Florida treaty, the United States asserted their right to this extent not by words only, but by deeds. In 1818, this gov ernment having learned that a number of adventurers, chiefly Frenchmen, had landed at Galveston, with the avowed purpose of forming a settlement in that vicinity, despatched George Graham, esq., with instructions to warn them to desist. The following is an extract from these instructions 3 dated 2d June, 1818: "The Pre sident wishes you to proceed with all convenient speed to that place, (Galveston,) unless, as is not improbable, you should, in the progress of the journey, learn that they have abandoned, or been driven from it. Should they have removed to Matagorda, or any other place north of the Rio Bravo, and within the territory claimed by the United States, you will repair thither, without, however, exposing yourself to be captured by any Spanish military force. When arrived, )ou will, in a suitable manner, make known to the 39 [ 60 ] chief, or leader of the expedition, your authority from the gov ernment of the United States, and express the surprise with which the President has seen possession thus taken, without authority from the United States, of a place within their territorial limits, and upon which no lawful settlement can be made without their sanction. You will call upon him explicitly to avow under what national authority they profess to act, and take care that due warn ing be given to the whole body, that the place is within the United States, who will suffer no permanent settlement to be made there under any authority other than their own." It cannot be denied, however, that the Florida treaty of 22d February, 1819, ceded to Spain all that part of ancient Louisiana within the present limits of Texas; and the more important in quiry now is, what is the extent of the territorial rights which Texas has acquired by the sword in a righteous resistance to Mex ico. In your negotiations with Mexico, the independence of Texas must be considered a settled fact, and is not to be called in question. Texas achieved her independence on the plain of San Jacinto, in April, 1836, by one of the most decisive and memorable victo ries recorded in history. She then convinced the world, by her courage and her conduct, that she deserved to rank as an indepen dent nation. To use the language of Mr. Webster, Secretary of State, in a despatch to our minister at Mexico, dated 8th July, 1842: "From the time of the battle of San Jacinto, in April, 1836, to the present moment, Texas has exhibited the same external signs of national independence as Mexico herself, and with quite as much stability of government. Practically free and indepen dent, acknowledged as a political sovereignty by the principal powers of the world, no hostile foot finding rest within her terri tory for six or seven years, and Mexico herself refraining, for all that period, from any further attempt to re-establish her own au thority over that territory," &c., &c. Finally, on the 29th March, 1845, Mexico consented, in the most solemn form, through the intervention of the British and French governments, to acknowledge the independence of Texas, provided she would stipulate not to annex herself, or become subject to any country whatever. It may, however, be contended, on the part of Mexico, that the Nueces, and not the Rio del Norte, is the true western boundary of Texas. I need not furnish you arguments to controvert this position. You have been perfectly familiar with the subject from the beginning, and know that the jurisdiction of Texas has been extended beyond that river, and that representatives from the coun try between it and the Del Norte have participated in the delibe rations of both her congress and her convention. Besides, this portion of the territory was embraced within the limits of ancient Louisiana. The case is different in regard to New Mexico. Santa Fe, its capital, was settled by the Spaniards more than two centuries ago; and that province has been ever since in their possession, and that [ 60 ] 40 of the republic of Mexico. The Texans never have conquered or taken possession of it, nor have its people ever been represented in any of their legislative assemblies or conventions. The long and narrow valley of New Mexico, or Santa Fe, is situated on both banks of the upper Del Norte, and is bounded on both sides by mountains. It is many hundred miles remote from other settled portions of Mexico, and from its distance it is both difficult and expensive to defend the inhabitants against the tribes of fierce and warlike savages, that roam over the surrounding country. For this cause, it has suffered severely from their incur sions. Mexico must expend far more in defending so distant a possession, than she can possibly derive benefit from continuing to hold it. Besides, it is greatly to be desired that our boundary with Mex ico should now be established in such a manner as to preclude all future difficulties and disputes between the two republics. A great portion of New Mexico being on this side of the Rio Grande, and included within the limits already claimed by Texas, it may here after, should it remain a Mexican province, become a subject of dispute, and a source of bad feeling between those who, I trust, are destined, in future, to be always friends. On the other hand, if, in adjusting the boundary, the province of New Mexico should be included within the limits of the United States, this would obviate the danger of future collisions. Mexico would part with a remote and detached province, the possession of which can never be advantageous to her; and she would be re lieved from the trouble and expense of defending its inhabitants against the Indians. Besides, she would thus purchase security against their attacks for her other provinces west of the del Norte, as it would at once become the duty of the United States to re strain the savage tribes within their limits, and prevent them from making hostile incursions into Mexico. From these considerations, and others which will readily suggest themselves to your mind, it would seem to be equally the interest of both powers that New Mexico should belong to the United States. But the President desires to deal liberally by Mexico. You are, therefore, authorized to offer to assume the payment of all the just claims of our citizens against Mexico; and, in addition, to pay five millions of dollars, in case the Mexican government shall agree to establish the boundary between the two countries from the mouth of the Rio Grande, up the principal stream to the point where it touches the line of New Mexico; thence west of the river, along the exterior line of that province, and so as to include the whole within the United States, until it again intersects the river; thence up the principal stream of the same to its source, and thence due north, until it intersects the forty-second degree of north lati tude. A boundary still preferable to this, would be an extension of the line from the northwest corner of New Mexico, along the range of mountains until it would intersect the forty-second parallel. Should the Mexican authorities prove unwilling to extend our 41 [ 60 ] boundary beyond the Del Norte, you are, in that event, instructed to offer to assume the payment of all the just claims of citizens of the United States against Mexico, should she agree that the line shall be established along the boundary defined by the act of con gress of Texas, approved December 19, 1836, to wit: beginning at "the mouth of the Rio Grande; thence up the principal stream of said river to its source; thence due north to the forty-second degree of north latitude." It is scarcely to be supposed, however, that Mexico would re linquish five millions of dollars, for the sake of retaining the nar row strip of territory in the valley of New Mexico, west of the Rio Grande; and thus place under two distinct governments the Small settlements, closely identified with each other, on the oppo site banks of the river. Besides, all the inconveniences to her from holding New Nexico, which I have pointed out, would be se riously aggravated by her continuing to hold that small portion of it which lies west of the river. There is another subject of vast importance to the United States, which will demand your particular attention. From information possessed by this department, it is to be seriously apprehended that both Great Britain and France have designs upon California. The views of the government of the United States on this subject, you will find presented in my despatch to Thomas O. Larkin, esq., our consul at Monterey, dated October 17, 1845, a copy of which is herewith transmitted. From it you will perceive that, whilst this government does not intend to interfere between Mexico and California, it would vigorously interpose to prevent the latter from becoming either a British or a French colony. You will endeavor to ascertain whether Mexico has any intention of ceding it to the one or the other power; and if any such design exists, you will exert all your energies to prevent an act which, if consummated, would be so fraught with danger to the best interests of the United States. On this subject you may freely correspond with Mr, Lar kin, taking care that your letters shall not fall into improper hands. The possession of the bay and harbor of San Francisco is all- important to the United States. The advantages to us of its ac quisition are so striking, that [it would be a waste of time to enu merate them here. If all these should be turned against our coun try by the cession of California to Great Britain, our principal commercial rival, the consequences would be most disastrous. The government of California is now but nominally dependent upon Mexico; and it is more than doubtful whether her authority will ever be reinstated. Under these circumstances, it is the desire of the President that you shall use your best efforts to obtain a cession of that province from Mexico to the United States. Could you accomplish this object, you would render immense service to your country, and establish an enviable reputation for yourself. Money would be no object, when compared with the value of the acquisition. Still, the attempt must be made with great prudence and caution, and in such a manner as not to alarm the jealousy of [60] 42 the Mexican government. Should you, after sounding the Mexi can authorities on the subject, discover a prospect of success, the President would not hesitate to give, in addition to the assumption of the just claims of our citizens on Mexico, twenty-five millions of dollars for the cession. Should you deem it expedient, you are authorised to offer this sum for a boundary running due west from the southern extremity of New Mexico to the Pacific ocean, or from any other point on its western boundary which would em brace Monterey within our limits. If Monterey cannot be obtained, you may, if necessary, in addition to the assumption of these claims, offer twenty millions of dollars for any boundary commencing at any point on the western line of New Mexico, and running due west to the Pacific, so as to include the bay and harbor of San Francisco. ' The larger the territory south of this bay, the better. Of course, when I speak of any point on the western boundary of New Mex ico, it is understood that from the Del Norte to that point, our boundary shall run according to the first offer which you have been authorized to make. I need scarcely add that, in authorizing the offer of five millions, or twenty-five millions, or twenty millions of dollars, these are to be considered as maximum sums. If you can accomplish either of the objects contemplated, for a less amount, so much more satisfactory will it prove to the President. The views and wishes of the President are now before you, and much, at last, must be left to your own discretion. If you can accom plish any one of the specific objects which have been presented in these instructions, you are authorized to conclude a treaty to that effect. If you cannot, after you shall have ascertained what is practicable, you will ask for further instructions, and they shall be immediately communicated. Your mission is one of the most delicate and important which has ever been confided to a citizen of the United States. The people to whom you will be sent are proverbially jealous; and they have been irritated against the United States by recent events and the intrigues of foreign powers. To conciliate their good will is indis pensable to your success. I need not warn you against wounding their national vanity. You may probably have to endure their un just reproaches with equanimity. It would be difficult to raise a point of honor between the United States and so feeble and dis tracted a power as Mexico. This reflection will teach you to bear and forbear much, for the sake of accomplishing the great objects of your mission. We are sincerely desirous to b,e on good terms with Mexico; and the President reposes implicit confidence in your patriotism, sagacity, and ability to restore the ancient relations of friendship between the two republics. Herewith you will also receive your full powers to conclude a treaty, together with two maps the one Arrowsmith's and the other Emory's on which are designated the limits of New Mexico. You will keep the department advised of your progress as often as safe opportunities may offer. You are aware that Congress, at their last session, made the fol lowing appropriation: 43 [ 60 ] "For paying the April and July instalments of the Mexican in demnities, due in eighteen hundred and forty-four, the sum of two hundred and seventy-five thousand dollars: Provided, it shall be ascertained to the satisfaction of the American government that said instalments have been paid by the Mexican government to the agent appointed by the United States to receive the same, in such manner as to discharge all claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States." The whole transaction between Emilio Voss, esquire, the agent of the United States, and the Mexican authorities, is yet involved in mystery, which this government has not been able to unravel. You will endeavor, with as little delay as possible, to ascertain the true state of the case in relation to the alleged payment of these instalments by the Mexican government to our agent, and give the government the earliest information on the subject. A copy of his receipt ought to be obtained, if possible. I am, &c., JAMES BUCHANAN. JOHN SLIDELL, Esq., Envoy Extraordinary and Minister Plenipotentiary from the United States to Mexico. Mr. Buchanan to Mr. Trist. DEPARTMENT or STATE, Washington, April 15, 1847. SIR: Since the glorious victory of Buena Vista, and the capture of Vera Cruz and the castle of San Juan d'Ulloa by the American arms, it is deemed probable that the Mexican government may be willing to conclude a treaty of peace with the United States. With out any certain information, however, as to its disposition, the Pre sident would not feel justified in appointing public commissioners for this purpose, and inviting it to do the same. After so many overtures rejected by Mexico, this course might not only subject the United States to the indignity of another refusal, but might, in the end, prove prejudicial to the cause of peace. The Mexican government might thus be encouraged in the mistaken opinion, which it probably already entertains, respecting the motives which have actuated the President in his repeated efforts to terminate the war. He deems it proper, notwithstanding, to send to the head quarters of the army a confidential agent, fully acquainted with the views of this government, and clothed with full powers to conclude a treaty of peace with the Mexican government, should it be so inclined. In this manner he will be enabled to take advantage, at the propitious moment, of any favorable circumstances which might dispose that government to peace. The President, therefore, having full confidence in your ability, patriotism, and integrity, has selected you as a commissioner to the [ 60 ] 44 United Mexican States, to discharge the duties of this important mission; and for your services in this capacity you will be allowed the outfit and salary of a charge d'affaires. You are herewith furnished with a projet of a treaty (marked A) embraced in eleven articles, and founded upon just and liberal prin ciples towards Mexico, which, together with your instructions, you may communicate confidentially to Major General Scott and Com modore Perry. Should a Mexican plenipotentiary meet you, duly authorized by his government to conclude a treaty of peace, you will, after a mu tual exchange of your full powers, deliver him a copy of this pro- jet, with the sum in blank contained in the 5th article as a consid eration for the extension of our boundaries, and inform him that you are prepared to sign it, on behalf of the government of the United States, as soon as the sum with which the blank is to be filled shall be agreed upon by the parties. This sum ought to be as much below the fifteen millions contained in the article as you can accomplish. Considering the heavy expenses and sacrifices of the war on our part, and the brilliant success of our arms, as well as the large amount which, under the projet, this government has as sumed to pay our own citizens for claims due to them by Mexico, justice would seem to require that the treaty should not stipulate for the payment of any very large sum. You may, in conversation with him, ascertain what change in the terms of the proje*t the Mexican government would require; and if this should become indispensable to attain the object, you may mo dify these terms, including the amount to be paid to Mexico, in the following particulars: 1. Instead of fifteen millions of dollars stipulated to be paid by the fifth article, for the extension of our boundary over New Mexi co and Upper and Lower California, you may increase the amount to any sum not exceeding thirty millions of dollars, payable by instalments of three millions per annum, provided the right of pas sage and transit across the isthmus of Tehuantepec, secured to the United States by the 8th article of the projet, shall form a part of the treaty. 2. Whilst it is of the greatest importance to the United States to extend their boundaries over Lower California, as well as New Mexico and Upper California, you are not to consider this as a sine qua non to the conclusion of a treaty. You will, therefore, not break off the negotiation if New Mexico and Upper California can alone be acquired. In that event, however, you will not stipulate to pay more than twenty millions of dollars for these two provinces, without the right of passage and transit across the isthmus of Te huantepec. 3. You are authorized x to stipulate for the payment of any sum not exceeding twenty-five millions of dollars for New Mexico and Upper California, without Lower California, provided the stipula tion securing the right of passage and transit across the isthmus of Tehuantepec shall be retained in the treaty; or, if this should be stricken out, you are authorized to stipulate for the payment 45 [ 60 ] of the like sum of twenty-five millions of dollars for Lower Cali fornia, in addition to New Mexico and Upper California. Should Lower California not be embraced in the treaty, then it will become necessary to change the delineation of boundary con tained in the fourth article of the proje*t in the following manner: Instead of the concluding words "to the Pacific ocean," let it read, "to a point directly opposite the division line between Upper and Lower California; thence due west, along the said line which runs north of the parallel of thirty-two degrees and south of San Miguel, to the Pacific ocean; and the vessels and citizens of the United States shall, in all time to come, have free and uninter rupted access to and from the ocean, through the gulf of California, from and to their possessions north of the said division line." You wilLnot fail to observe that the sums of thirty, twenty, and twenty-five millions of dollars, respectively, which you are authorized to offer, are all maximums; and you will not go to the extent of either, unless you shall find this absolutely necessary to the conclusion of a treaty. You will not exceed the fifteen mil lions of dollars contained in the fifth article of the projet, until you shall have good reason to believe that the Mexican govern ment would break off the negotiation unless it should be increased; and, in departing from this sum, you will go as little beyond it as practicable. Whilst it would be most convenient for the treasury of the Uni ted States to pay any sum for which you may stipulate in annual instalments of three millions each, yet this is not indispensable. If necessary, therefore, to the conclusien of the treaty, you may agree that, for the remainder of the sum above the three millions of dollars to be paid upon its ratification by Mexico, the govern ment of the United States shall create a six per cent, siock, similar to that created for the purchase of Louisiana, to be transferred to the government of Mexico, the interest on the same to be paya ble annually at the city of Washington, and the principal to be re deemable there, at the pleasure of this government, any time after two years from the exchange of ratifications. Should this stock not be created, then, if insisted upon by the Mexican government, each of the annual instalments may bear an interest of six per cent., but the interest on each instalment to be payable only when the principal shall be paid. If you can obtain the postponement of the payment of the whole or any part of the three millions of dollars stipulated to be paid by the projet, immediately after the ratification of the treaty by Mexico, until the ratifications shall have been exchanged, this would be highly satisfactory to the President. The rights of the persons and property of the inhabitants of the territory over which the boundaries of the United States shall be extended, will be amply protected by the constitution and laws of the United States. An article, therefore, to secure these rights has not been inserted in the projet; but should this be deemed neces sary by the Mexican government, no strong objection exists against inserting in the treaty an article similar to the third article of [60] 46 the Louisiana treaty.' It might read as follows: " The inhabitants of the territory over which the jurisdiction of the United States has been extended by the fourth article of this treaty shall be in corporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal consti tution, to the enjoyment of all the rights, advantages, and immu nities of citizens of the United States; and, in the meantime, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess." In the event of the insertion of this article, it would be proper to add to it the following: u Provided that all grants or con cessions whatever of any lands, made or issued by the Mexican government since the thirteenth day of May, one thousand eight hundred and forty-six, within the said territory, shall be abso lutely null and void." The date might, if necessary, be changed from the day when Congress recognised the existence of the war, to the month of September, 1846, when the American forces took possession of California. The extension of our boundaries over New Mexico and Upper California, for a sum not exceeding twenty millions of dollars, is to be considered a sine qua non of any treaty. You may modify, change, or omit the other terms of the proje*t if needful, but not so as to interfere with this ultimatum. If you should not succeed in acomplishing the chief object of your mission, you are authorized to make the necessary preliminary arrangements with the Mexican government for the conclusion of a treaty of peace by commissioners, to be appointed by both par ties, according to the proposition contained in my note of the 18th January last to the Mexican Minister of Foreign Relations; pro vided a reasonable prospect shall exist that such Mexican commis sioners will agree to the ultimatum which I have specified. So rapidly does revolution follow revolution in Mexico, that it v. ould be difficult to conjecture what form of government you may . 1 in existence over that ill-fated country on your arrival at the head-quarters of the army. The constitution of 1824 may then have been abolished, and a dictatorship be again existing in its stead. You will not hesitate, however, to conclude a treaty with whatever government you shall find there upon your arrival, pro vided it presents a reasonable prospect of being able to maintain itself. Should a dictator be established who has subverted the constitution of 1824, and acquired the supreme power, his ratifica tion of the treaty will be sufficient without the previous approba tion of the general Congress. Were this government to refuse to conclude a treaty of peace until the Mexican government shall as sume any permanent constitutional form, the war might yet con tinue for many years to come. If the contingency shall occur on the happening of which, as provided by the third article of the proposed treaty, hostilities are required to be suspended, you will, without delay, communicate this fact to the commanders of our land and naval forces re spectively; the Secretaries of War and the Navy having already 47 [ 60 ] issued orders to them for the suspension of hostilities upon the re ceipt of such a notice from yourself. You will herewith receive a certificate from the Secretary of the Treasury, that your draft in favor of the Mexican government, for the whole or any part of three millions of dollars appropriated by the act of Congress of the 3d March, 1847, entitled u An act mak ing further appropriation to bring the existing war with Mexico to a speedy and honorable conclusion," will be duly honored. You will be exceedingly careful not to draw for any part of this sum until the conditions required by that act shall have been fully com plied with, and the treaty which you may sign with the authorized agent or agents of the Mexican government has been " duly ratified by Mexico." As the disbursement of so large a sum is a matter of so great importance, you should use every precaution to be certain that your drafts shall be drawn in favor of the proper functionary of the Mexican government, and the whole business transacted in such a manner that no difficulty can hereafter arise on the subject. You will take receipts in triplicate for any draft or drafts which you draw; which ought, if possible, to be signed by the President of Mexico, a :d countersigned by the Minister of Finance. I am, sir, with great respect, your obedient servant, JAMES BUCHANAN. NICHOLAS P. TRIST, Esq., FA.] PROJET. The United Slates of America and the United Mexican States, desirous of termi ating the war which has unhappily subsisted be tween the two * publics, and of restoring peace, friendship, and good understandin t> between them, have, for that purpose, appoint ed their respective plenipotentiaries; that is to say, the President of the United Stales has appointed Nicholas P. Trist, &c., &c., and who, after a reciprocal communication of their respective full pow ers, have agreed upon the following articles: ARTICLE I. There shall be a firm and universal peace between the United States of America and the United Mexican States, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. All hostilities, both by sea and land, shall definitively cease so soon as the ratifications of this treaty shall have been exchanged by the parties. [ 60 ] 48 ARTICLE II. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the exchange of the ratifications of this treaty. / ARTICLE III. As soon as the present treaty shall have been duly ratified by the United Mexican States, this fact shall be made known with the least possible delay to the military and naval commanders of both parties, whereupon a suspension of hostilities shall take place both by land and by sea, as well on the part of the military and naval forces of the United States as on the part of those of the United Mexican States; and the said suspension of hostilities shall be in violably observed on both sides. Immediately after the exchange of the ratifications of 'the present treaty, all the forts, territories, places, and possessions, whatsoever, taken by the United States from the United Mexican States during the war, except such as are embraced within the limits of the United States as defined by the fourth article of this treaty, shall be restored without delay, and without causing any destruction, or carrying away any of the ar tillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty: and in like manner, all the forts, territories, places, and possessions, whatsoever, taken by the Uni ted Mexican States from the United States during the war, and also all such forts, territories, places, and possessions embraced within the limits of the United States under the fourth article of this treaty, shall be restored, evacuated, and delivered over to the United States without delay, and without causing any destruction, or carrying away any of the artillery or other public property from the said forts or places, and which shall remain therein upon the exchange of the ratifications of this treaty. ARTICLE IV. The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from the land opposite the mouth of the Rio Grande; frm thence up the middle of that river to the point where it strikes the southern line of New Mexico; thence westwardly along the southern boundary of New Mexico to the southwestern corner of the same; thence northward along the west ern 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, and down the middle of said branch, and of the said rirer, until it empties into the Rio Colora do; thence down the middle of the Colorado, and the middle of the Gulf of California, to the Pacific ocean. 49 [ 60 ] ARTICLE V. In consideration of the extension of the boundaries of the United States, as denned by the last preceding article, the United States agree to pay to the United Mexican States, at the city of Vera Cruz, the sum of fifteen millions of dollars, in five equal annual instalments, each of three millions of dollars; the first instalment to be paid immediately after this treaty shall have been duly rati fied by the government of the United Mexican States. ARTICLE VI. As a further consideration for the extension of the boundaries of the United States, as defined by the fourth article of this treaty, the United States agree to assume and pay to the claimants all the in stalments now due, or hereafter to become due, under the conven tion between the two republics, concluded at the city of Mexico on the 30th day of January, 1843, " further to provide for the payment of awards in favor of claimants under the convention between the United States and the Mexican republic, of the llth April, 1839." And the United States also agree to assume and pay, to an amount not exceeding three millions of dollars, all claims of citizens of the United States not heretofore decided against the government of the United Mexican States, which may ffave arisen previous to the 13th of May, 1846, and shall be found to be justly due by a board of commissioners to be established by the government of the United States, whose awards shall be final and conclusive: Provided, That in deciding upon the validity of these claims, the board shall be guided and governed by the principles and rules of decision pre scribed by the first and fifth articles of the unratified convention concluded at the city of Mexico on the 20th day of November, A. D. 1843; and, in no case shall an award be made in favor of any claim not embraced by these principles and rules. And the United States do hereby forever discharge the United Mexican States from all liability for any of the said claims, whether the same shall be rejected or allowed by the said board of commissioners. ARTICLE VII. If, in the opinion of the said board of commissioners, or of the clairnants,any books, records or documents, in the possession or power of the government of the United Mexican States, shall be deemed necessary to the just decision'of any of said claims, the commis sioners, or the claimants through them, shall, within such period as Congress may designate, make a demand in writing for the same, addressed to the Mexican Minister for Foreign Affairs, to be trans mitted 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 said books, records, or documents in their possession or power, which shall be specified, to be transmitted to the said Secretary of State, who shall imme- 4 [ 60 ] 50 diately deliver them over to the said board of commissioners: Pro vided^ That no such demand shall be made at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall first have been stated under oath or affirmation. ARTICLE VIII. The government of the United Mexican States hereby grant and guaranty forever, to the government and citizens oi the United States, the right to 1 transport across the isthmus of Tehuantepec, from sea to sea, by any modes of communication now existing, whether by land or water, free of any toll or charges whatever, all and any articles the growth, produce, or manufacture of the United States, or of any foreign country, belonging to the said government or citizens; and also the right of free passage over the same to all citizens of the United States. And the government of the United Mexican States also grant and guaranty to the government and citizens of the United States the same right of passage for their merchandise and articles aforesaid, as well as for such citizens, over any railroad or canal which may hereafter be constructed across the said isthmus by the government of the United Mexican States, or by its authority, paying no more than fair and reasonable tolls for the same; and no higher tolls and charges shall be levied and collected upon any of the beforementioned articles and , mer chandise belonging to the government or citizens of the United States, or upon the persons of such citizens, for passing over the said railroad or canal, than shall be levied and collected upon like articles and merchandise belonging to the government or citizens of Mexico, being the growth, produce, and manufacture of Mexico, or of any foreign country, or upon the persons of such citizens. And none of the said articles whatever, belonging to the govern ment or citizens of the United States, thus passing in transit over the said isthmus, from sea to sea, either by the e'xisting modes of communication, or over any railroad or canal which may here after be constructed, in either direction, for the purpose of being transported to any port of the United States, or of any foreign country, shall be liable to any import or export duty whatever. The two governments hereby engage, with as little delay as possi ble, mutually to agree upon such regulations as may be -necessary to prevent fraud and smuggling, in consequence of the right of pas sage thus granted and perpetually guarantied to the government and citizens of the United States. ARTICLE IX. All goods, wares, or merchandise, which shall, during the war, have been imported into any of the ports or places of either party whilst in the military occupation of the other, by the citizens of either, or by the citizens or subjects of any neutral power, shall be permitted to remain exempt from confiscation, or from any tax or 51 [60 duty upon the sale or exchange of the same, or upon the withdrawal of the said property from the country; and the owners thereof shall be permitted to sell and dispose of the said property, in the same manner, in all respects whatever, as if it had been imported into the country in time of peace, and had paid the duties under the laws of either party, respectively. ARTICLE X. 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, and every article thereof, with the exception of the additional article, are hereby revived for the period of eight years from the day of the ratifications of this treaty, with the same force and virtue as if they made part of the context of the same; 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 XI. This treaty shall be approved and ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and b/ the President of the United Mexican States, with the previous approbation of their general Congress; and the ratifications shall be exchanged in the city of Washington within six months from the date of the signature thereof, or sooner if practicable. In faith whereof, we, the respective representatives, have signed this treaty, and have hereunto affixed our seals. Done in duplicate, at , the day of , A. D. one thousand eight hundred and forty-seven. Mr. Trist to Mr. Buchanan. Extract. [No. 6.] PUEBLA, June 3, 1847. SIR: * * # * # # # * I enclose also a letter addressed to me by a gentleman whose name will be communicated hereafter. Being struck with the clearness and comprehensiveness, as well as the justness, of the views expressed by him in conversation with me, I requested him to commit the substance to writing; which he has obligingly done. I beg leave to call your attention to the part relating lo the point below the Paso del Norte, to which he attaches great importance in a military point of view. If deemed proper, the boundary defined [ 60 ] 52 in my instructions might easily be modified in accordance with this suggestion (so far as regards that post) by saying, "up the middle of the Rio Bravo to the 32d degree of north latitude; thence due west to a point due south of the southwestern angle of New Mex ico; thence due north to the said angle; thence along the western boundary," &c. I will add, that he has not the slightest idea of what my instructions contain on this or any other subject. ******** Hon. JAMES BUCHANAN, Secretary of State. Mr. Buchanan to Mr. Trist. Extract. [No. 2.] DEPARTMENT OF STATE, Washington, June 14, 1847. SIR: * * # ###*## Enclosed I transmit you a copy of the orders issued on the llth instant by the President, to the Secretaries of War and of the Navy, upon the report of the Secretary of the Treasury of the day preceding, in relation to the Mexican tariff. From these, you will perceive, it has been announced to the world, that the government intend to provide by treaty with Mexico, that goods imported into any of the ports of that country, whilst, in our military possession^ shall be exempt from any new import duty or charge after the con clusion of peace. This will render it necessary for you to insist upon the insertion of the 9th article of the projet in the treaty. Indeed, you may consider this as a sine qua non. Yours, very respectfully, JAMES BUCHANAN. To N. P. TRIST, Esq , Mr. Buchanan to Mr. Trist. Extract. [No. 3.] DEPARTMENT OF STATE, Washington, July 13, 1847. SIR: *** * * * *** According to the suggestion in your despatch, No. 6, you are au thorized to modify the boundary contained in your instructions, so as to make it read, "up the middle of the Rio Grande to the thirty- second degree of north latitude; thence due west to a point due south of the southwestern angle of New Mexico; thence due north to the said angle; thence northward along the western line of New Mexico," &c., &c., &c. This modification, which would embrace the Paso del Norte within the limits of the United States, is deemed 53 [ 60 ] important: still you are not to consider it as a sine qua no/i, nor suffer it to delay the conclusion of a treaty. I would suggest another and more important modification of the line; and this is, to run it along the thirty-second parallel of north latitude from the Rio Grande to the middle of the gulf of Califor nia, and thence down the middle of the gulf to the Pacific ocean; or if this cannot be obtained, to run it due west from the southwest angle of New Mexico to the middle of the gulf. Either of these lines would include within our limits the whole course of the Gila. From information derived from Major Emory, the valley of that river presents a favorable route for a railroad to the Pacific; but this would sometimes pass on the one side and sometimes on the other of the bed of the stream. For this reason it is deemed im portant that the whole valley of that river should be included within the boundary of the United States. You are, therefore, au thorized and instructed to make the first, or if this cannot be ob tained, the second modification above suggested, in the line; but still with the understanding that neither of these two changes is to be considered as a sine qua 7ion,nor is it to delay the conclusion of a treaty. In case Lower California cannot be obtained, then the line might be run on the parallel of thirty-two degrees, or due west from the southwest corner of New Mexico to the Pacific ocean. If the lat ter line should be adopted, care must be taken that San Miguel shall be included within our limits. Yours, very respectfully, JAMES BUCHANAN. To N. P. TRIST, Esq., #c., c., #c. Mr. Buchanan to Mr. Trist-. Extract. [No. 4.] DEPARTMENT OF STATE, Washington, July 19, 1847. SIR; f enclose you a duplicate pf my despatch No. 3, of the 13th instant. The more I refle.ct upon the subject, the better ami convinced of the importance of running the boundary line between the Rio Grande and the gulf of California, along the thirty-second parallel of north latitude. We cannot learn that the boundaries of New Mexico have ever been authoritatively and specifically determined; and difficulties might hereafter arise between the two governments in ascertaining where the south-western angle of New Mexico is situated. A conversation with Major Emory since the date of my last despatch, has convinced me still more of the* importance of this modification. You will, therefore, in the copy of the projet of a treaty which you are instructed to present to the Mexican plenipotentiary, if this be not too late, substitute the following, instead of the 4th article: ARTICLE 4. The boundary line between the two republics shall [ 60 ] 54 commence in the gulf of Mexico three leagues from the land, oppo site the mouth of the Rio Grande"; from thence up the middle of that river to the thirty-second parallel of north latitude; from thence due west along this parallel of latitude to the middle of the gulf of California; thence down the middle of the same to the Pa cific ocean. It is not intended that you shall make the parallel of 32, instead of the river Gila, a sine que non ; but yet it is deemed of great im portance that you should obtain this modification, if it be prac ticable. If Lower California cannot be obtained, then the line on the par allel of 32 might be extended to the Pacific ocean; taking care, in that event, to secure to our citizens, in accordance with your origi nal instructions, " in all time to come, a free anduninterrupted ac cess to and from the ocean through the gulf of California, from and to their possessions north of the said division line." Major Emory, whilst in California, has accurately ascertained the latitude of two important points in that country. The latitude of the town of San Diego is 32 44' 59". The harbor is some miles south of the town. The latitude of the mouth of the Gila where it empties into^ the Colorado, is 32 43'. * # #*" # # =* # * # To N. P. TRIST, Esq., #c., #c., &c. Mr. Buchanan to Mr. Trist. [No. 5.J DEPARTMENT OF STATE, Washington, October 6, 1847. SIR: /On thp 2d instant, there was received at this department, from Vera Cruz, a printed document in Spanish, consisting of eight quarto pages, and entitled u Contestaceones habedas entre el Su premo Gobierno Mexicano, el General en Gefe del ejercito Ameri cano, y el Comisionado de los Estados Unidos." This purports to give a history in detail of the origin, progress, and unsuccessful termination of your negotiations with the Mexican commissioners. The, counter projet of the Mexican government is, indeed, under all the circumstances, a most extraordinary document. Its extrava gance proves conclusively that they were insincere in appointing commissioners to treat for peace, and that the armistice and subse quent negotiations were intended merely to gain time. They must have known that the government of the United States never would surrender either the territory between the Nueces and the Rio Grande, or New Mexico, or any portion of Upper California never would indemnify Mexican citizens for injuries they may have sus tained by o*ur troops in the prosecution of the present just and ne cessary war and never could, without dishonor, suffer the Mexican government to levy new duties upon goods imported into ports now in our actual possession which had already paid duties to the United States. To propose such terms, was a mere mockery. And here I 55 [ 60 ] ought to observe, in justice to yourself, that we do not believe there is any truth in the assertion of the Mexican commissioners, that you had proposed (if the other terms of the treaty were made satisfactory) to refer to your government, " with some hope of a good result," the question of surrendering .to Mexico that portion of the sovereign State of Texas between the Nueces,and the Rio Grandee, or any part of Upper California. Your original instructions were framed in the spirit of forbear ance and moderation. It was hoped, that after the surrender of Vera Cruz and the castle of San Juan d'Ulloa, the Mexican govern ment would be willing to listen to the counsels of peace. The terms, therefore, to which you were authorized to accede, were of the most liberal character, considering our just claims on Mexico, and our success in the war. New Mexico, the Californias, several of the northern States, and most of the important ports of Mexico, were then in our possession; and yet we were at that time willing freely to surrender most of these conquests, and even to make an ample compensation for those which we retained. Circumstances have entirely changed since the date of your origi nal instructions. A vast amount of treasure has' since been ex pended; and, what is of infinitely more value, the lives of a great number of our most valuable citizens have been sacrificed in the prosecution of the war. In the annals of history never has there been a war conducted in the same manner by invading forces. Instead of levying military contributions for the support of our armies in the heart of our ene my's country, we have paid fair, and even extravagant prices, for all the supplies which we have received. We have not only held sacred the private property of the Mexicans, but on several occa sions have fed their famishing soldiers, and bound up their wounds. And what has been the return? Treachery and cruelty have done their worst against us. Our citizens have been murdered, and their dead bodies mutilated, in cold blood, by bands of savage and cow ardly guerillas; and the parole of honor, sacred in all civilized war fare, has been habitually forfeited by Mexican officers and soldiers. Those paroled at Vera Cruz have fought against us at Cerro Gordo; and those paroled at Cerro Gordo have doubtless been in the ranks of the enemy in the battles so glorious to our arms at and near the city of Mexico. After the battle of Cerro Gordo, the President entertained serious thoughts of modifying your instructions, at least so far as greatly to 'reduce the maximum sums which you were authorized to pay for portions of the Mexican territory; but, wishing to afford to the world an example of continued moderation and forbearance in the midst of victory, he suffered them to remain unchanged. And what has been the consequence? , After a series of brilliant victories, when our troops were at the gates of the capital, and it was completely in our power, the Mexi can government have not only rejected your liberal offers, but have insulted our country by proposing terms the acceptance of which would degrade us in the eyes of the world, and be justly condemned [ 60 ] 56 by the whole American people. They must attribute our liberality to fear, or they must take courage from our supposed political di visions. Some such cause is necessary to acount for their strange infatuation. In this state of affairs, the President, believing that your continued presence with the army can be productive of no good, but may do much harm by encouraging the delusive hopes an 1 false impressions of the Mexicans, has directed me to recall you from your mission, and to instruct you to return to the' United. States by the first safe opportunity. He has determined not to make another offer to treat with the Mexican government, though he will be always ready to receive and consider their proposals. They must now first sue for peace. What terms the President may be willing to grant them will de pend upon the future events of the war, and the amount of the precious blood of our fellow citizens and the treasure which shall in the mean time have been expended. Should the Mexican government dtsire hereafter to open nego tiations, or to propose terms of peace, their overtures will be im mediately transmitted to Washington by the commanding general, where they will receive the prompt consideration of the President. Should you have concluded a treaty before this despatch shall reach you, which is not anticipated, you will bring this treaty with you to the United States, for the consideration of the President; but should you, upon its arrival, be actually engaged in negotia tions with Mexican commissioners, these must be immediately sus pended; but you will inform them that the terms which they may have proposed, or shall propose, will be promptly submitted to the President on your return. You are not to delay your departure, however, awaiting the communication of any terms from these com missioners, for the purpose of bringing them to the United States. I am, sir, very respectfully, your obedient servant, JAMES BUCHANAN. To NICHOLAS P. TRIST, Esq., 4rc., 4rc., 4rc. Mr. Buchanan to Mr. Trist. [No. 6.] DEPARTMENT OF STATE, Washington, October 25, 1847. SIR: Your despatches, either in original or duplicate, to No. 16 inclusive, with the exception of Nos. 5 and 8, have been received at the department. From your No. 15, of the 4th September, received on the 21st instant, it appears that y^ou had offered to the Mexican commissio ners, that if they would propose to you to establish the boundary between the two republics by a line by which the United States would surrender that portion of the State of Texas between the Rio Grande and the Nueces, and also that portion of Upper Cali fornia south of the thirty-third parallel of latitude, between the 57 [ 60 ] Colorado and the Pacific ocean, you would transmit such a-propo- sition, proceeding from them, to Washington, and would propose to General Scott to continue the then existing armistice, until you should receive the answer of your government. You will have learned from my despatch No. 5, of the 6th inst., that we did not believe there was any truth in the statement of the Mexican commissioners, that you had made such a proposal. As this fact is now p'aced beyond a doubt, the President has instructed me to express to you his profound regret that you should have gone so far beyond the carefully considered ultimatum, to whicL you were limited by your instructions. The State of Texas is in the exercise of peaceful and undisturbed jurisdiction over the country ^between the Nueces and the Rio Grande. She has made extensive grants of land within its limits; divided it into counties, which have been represented in -her con vention and legislative assemblies; established courts of justice therein; and, in short, has exercised the same sovereign rights over it as over any other portion of her territory. Congress, acting upon these incontestable facts, as well as upon the cltar right of Texas to extend to the Rio Grande, in December, 1845, created a port of delivery west of the Nueces, at Corpus Christi, and in May, 1816, established post routes between these two rivers. This region, also, constitutes a part of one of the con gressional districts of Texas, and its people are now represented in the Congress of the United States. Under these circumstances, the President could not for a single moment entertain the question of surrendering that portion of Texas, even if this were practicable. But such is not the case. Considering the enterprising and energetic character of the Ame rican people, it would be impossible to expel by force the inhabi tants between the Nueces and the Rio Grande from their posses sions, and to convert this territory into a desert, for the security of the Mexican frontier. The President has also directed me to express his regret that you should have been willing to entertain the question of surrendering any portion of Upper California to Mexico. By running the divi sion line from the Colorado to the Pacific, along the thirty-third parallel of latitude, the bay and harbor of San Diego would be re stored to the Mexican republic. This port, being nearly five de grees further south, is, for every commercial purpose, of nearly equal importance to the United States with that of San Francisco. It was to secure to us the bay and harbor of San Diego beyond all question, and to prevent the Mexican government from hereafter contesting the correctness of the division line between Upper and Lower California, as delineated on the map which you carried with you, that your original instructions directed that if you could not obtain Lower California, the 4th article of the projet should in terms fix this line as running " north of the parallel of 32 and south of San Miguel, to the Pacific ocean." To have arrested our victorious army at the gates of the capital for forty or fifty days, and thus to have afforded the Mexicans an [60] 58 opportunity to recover from their panic, to embody their scattered forces, and to prepare for further resistance, in order that in the mean time you might refer such proposals to your government, would, in the President's opinion, have been truly unfortunate. With these considerations in view, the President has directed me to reiterate your recall. The date of the last despatch received at the War Department from General Scott, is the 4th June. The President is now becom ing apprehensive that he may not receive despatches from him before the meeting of Congress. I transmit herewith a copy, in triplicate, of my despatch No. 5. Yours, very respectfully, JAMES BUCHANAN. To N. P. TRIST, Esq., 4rc., Src., $c. Mr. De la Rosa to Mr. Trist. [Translation.] QUERETARO, October 31, 1847. The undersigned, minister of foreign relations of the Mexican republic, has had the honor to receive the note under date the 20th ultimo,* addressed to him by his excellency Nicholas Trist, com- mission-er of the United States of America, clothed with full powers to conclude a treaty of peace with the said republic. The undersigned has received, also, the note of his excellency Mr. Trist, in reply to that addressed to him under date the 6th Septern- berf by their excellencies the commissioners, on the part of Mex ico, for negotiating a peace. Although the two documents referred to leave but little hope that peace may be re-established, the undersigned can assure his excellency, Mr. Trist, that the government of Mexico is animated by the same ardent wish as his excellency for the cessation of a war, the calamities of which now bear heavily upon this republic; and the consequences of which will, sooner or later, make them selves felt by the United States of America. The undersigned will, in consequence, have the honor, in the course of a few days, to advise his excellency, Mr. Trist, of the appointment of commis sioners to continue the negotiations for peace, to whom will be given instructions for the previous adjustment of an armistice, which the government of the undersigned believes will conduce greatly to the good result of the said negotiation. The undersigned offers to his excellency, Nicholas Trist, the as surance of his very distinguished consideration. LUIS DE LA ROSA. * This note has not been received at the Department of State. t A copy of this note has been communicated to the Senate in legislative session. 59 . [ 60 ] Mr. Trist to Mr. Buchanan. [No, 21.] HEAD QUARTERS OF THE U. S. ARMY, ' Mexico, November 27, 1847. SIR: I have the honpr to acknowledge the receipt, on the 16th instant, by a courier from Vera Cruz, of your despatch of the 25th ultimo, accompanied by the triplicate of that of the 6th of the same month, the original of which was delivered to me on the evening of the next day, by Mr. Smyth, the bearer of despatches. The . duplicate has not yet come to hand. It probably forms part of the large mail which, agreeably to the intelligence received here, left Vera Cruz in company with General Patterson, who had stopped at Jalapa. On a future occasion, perhaps, should I ever find time to employ on a theme so insignificant with respect to the public interests, and so unimportant in my own eyes, so far as regards its bearings upon- myself personally, I may exercise the privilege of ^examining the grounds for the censure cast upon my course by the President, and explaining those upon which rests the belief still entertained by me, that that course was calculated to attain the end contemplated by our government, and was the only one which afforded the slight est possibility of its being attained; the end, I mean, of bringing about a treaty of peace on the basis, in all material respects, of the project intrusted to me. For the present I will merely call atten tion to the fact, that a mere offer to refer a question to my govern ment constitutes the only ground on which I can be charged with having u gone so far beyond the carefully considered ultimatum to which I was limited by my instructions." Whether this offer, under the circumstances, and prospects of the crisis when it was made, was wise or unwise I mean with reference to the end de sired by our government is a question which no longer possesses any practical importance; though the time was, when it constituted with me a subject of the most careful and the most anxious deliber ation; not because of the personal responsibility attaching to the decision in which that deliberation resulted for that never occu pied my mind for an instant but because I knew, and I felt^ that upon my own decision depended, according to every human proba bility, the early cessation of the war, or its indefinite protraction. The alternative presented by the position in which I found myself was, on the one hand, to keep on safe ground so far as I was per sonally concerned, jmd destroy the only possible chance for a peace; on the other hand, to assume responsibility, and keep that chance alive, with some prospect at least and, all things considered, as perhaps I may hereafter take the trouble to show, by no means a prospect to be despised, under such circumstances that the adop tion of our projet might come to pass. * * * * # # # * * Upon perusing your two despatches above referred to, my first thought was immediately to address a note to the Mexican govern- < ment, advising them of the inutility of pursuing their intention to [ 60 ] . 60 appoint commissioners to meet me. On reflection, however, the depressing influence which this would exercise upon the peace party, and the exhiliration which it would produce among the op position, being perfectly manifest, I determined to postpone mak- 1 ing this communication officially, and meanwhile ptivately to advise the leading men of the party here, and at Queretaro, of the instructions which I had received. Their spirits had, for the last few days, been very much raised by the course of events at Quere taro; and one of them (the second of the two heads mentioned in a late despatch) called on me on the very day after your despatches came to hand, for the purpose of communicating "the good news," and making known " the brightening prospects." Upon my say ing that it was all too late, and telling what instructions I had re ceived, his countenance fell, and flat despair succeeded to the cheeriness with which he had accosted me. The same depression has been evinced by every one of them that I have conversed with, whilst joy has been the effect with those of the opposite party who have approached me to inquire into the truth of the newspaper statement from the Union. By both parties the peace men were considered as floored; this was the coup de grace for them. Mr. Thornton was to set out (as he did) the next morning for Queretaro; and I availed myself of this, privately to apprize the members of the government of the state of things, with reference to which their exertions in favor of peace must now be directed, and to exhort them not to give up, as those here had at first seemed strongly disposed to do, and as it was believed here that those at Queretaro would at once do. Fortunately, however, when the news reached there, they had just taken in a strong dose of confi dence the result of the meeting of the governors -.which has served to brace them against its stunning effect. Mr. Thornton left here on the 17th, and was to complete his journey on the even ing of the 21st. Before he had reached there, I was privately ad vised here of the appointment of the commissioners named in the official note from the minister of relations, under date the 22d, herein enclosed, together with a copy of my reply to the same, which was despatched from Queretaro on the morning of that day. Their extreme anxiety on the subject may be judged of from the fact, that I have received already the same communication in du plicate and triplicate. The peace men did not cease for several days to implore me to remain in the country, at least until Mr. Parrott shall have arrived with the despatches of which report makes him the bearer. To these entreaties, however, I have turned a deaf ear, stating the absolute impossibility that those de spatches should bring anything to change my position in the slight est degree. General Scott at once said that he would despatch a train at any time I might name. And I should have set out before this, but for two considerations: one, that the garrison here is al ready so small that its duties are exceedingly oppressive to both officers and men, and the matter would be made still worse by the detachment of another escort; the other, that General Scott * * 61 [ 60 ] For these reasons I determined to postpone my departure until the return of the train under Lieutenant Colonel Johnson, which is ex pected on the 4th or 5th of next month. Should it be delayed beyond that time, and should any reinforcements h^ve arrived here or be near, I will set out immediately after. It will take us twelve flays at least to reach Vera Cruz. I recommended to the peace men to send immediately, through General Scott, whatever propositions they may have to make, or to despatch one or more commissioners with me. After full conver sations on the subject, however, I became thoroughly satisfied of the impracticability of either plan: it would, to a certainty, frave the effect of breaking them down. The only possible way in which a treaty can be made is, to have the work done on the spot; ne gotiation and ratification to take place at one dash. The complex ion of the new Congress, which is to meet at Queretaro on the 8th of January, is highly favorable. This will be the last chance for a treaty. I would recommend, therefore, the immediate appoint ment of a commissioner on our part. 1 am, sir, in great haste, and very respectfully, your obedient servant, N. P. TRIST. Hon. JAMES BUCHANAN, Secretary of State. Mr. Pena y Pena to Mr. Trist. [Translation.] QUERETARO, November 22, 1847. The undersigned, minister of relations of the Mexican govern ment, has the honor to address the present note to his excellency Don Nicholas Trist, commissioner of the United States of the north, and to acquaint his excellency that the provisional govern ment of the president of the supreme court of justice of Mexico being ended by the election of Don Pedro Maria Annaya as presi dent of the republic ad interim, and his excellency having ap pointed the undersigned the head of this department of relations, the new President at once began to inform himself respecting the last discussions which took place between his excellency Mr. Trist and this department. Seeing in them the ardent desire which his excellency states he entertains, to cause an end to be put to the calamities of the war which unfortunately severs both republics, and that for this pur pose the appointment of commissioners on the part of Mexico was pending, which appointment the president of the supreme court of justice did not make on account of the temporary character of his government, the present president has decided to choose anew the same two gentlemen who had already been appointed Don Ber nardo Conto and Don Miguel Atnstain; and Don Jose Joaquin Her- [60] 62 rera and Don Ignacio Mora y Villamil n'ot having it in their power to continue upon the commission the first in consequence of being seriously ill, and the second in consequence of being appointed minister of war Don Manuel Rincon and Don Luis Gonzaga Cue- vas have been appointed instead of those two individuals, and have been duly informed thereof by the undersigned. But as those gentlemen are in different parts of the republic, although not very far from this city, they have been requested to repair hither forthwith, to receive their appropriate instructions; and, when received, they will communicate with his excellency Mr. Trist, in order that, upon proper conditions, the conferences which remain pending may be continued, and may lead to the happy result of an honorable and useful peace. The undersigned sincerely unites his desires to those of his ex cellency Mr. Trist, that the powers conferred may not be vain or useless; and, with that view, he has the satisfaction of offering to his excellency the assurances of his very distinguished considera tion. MANUEL DE LA PENA Y PENA. Mr. Trist to Mr. Pena y Pena. MEXICO, November 24, 1847. The undersigned has the honor to acknowledge the receipt of the note, under date the 22d instant, of his excellency Don Manuel de la Pena y Pena, minister of relations of the Mexican government, acquainting him of the appointment ofthe commissioners therein named, to negotiate for the restoration of Peace. The under signed regrets to say, in reply, that the powers conferred upon him for that purpose have been revoked, and that, agreeably to the in structions received by him, he is under the necessity of returning, without delay, to the United States. At the same time, he has been instructed to say that any communication from the Mexican gov ernment, having for its object the opening of negotiations for the restoration of peace, will be immediately transmitted by the com manding general of the United States forces of" this republic, to Washington, where it will receive the" prompt consideration of the President. The undersign'ed still cherishes, therefore, the hope that the sig nature of the treaty, which has been reserved for another hand than his, is destined to take place at an early day. In this hope, he tenders to, &c., &c., N. P. TRIST. To his Excellency Don MANUAL DE LA PENA Y PENA, Minister of Relations of the Mexican government. 63 [ 60 ] Mr. Trist to a confidential friend at Queretaro. [CONFIDENTIAL. | MEXICO, December 4, 1847. MY DEAR MR. : This letter will occasion you great surprise, but no greater than I should myself have experienced a few hours ago, had a seer, in whose prophetic powers I put faith, foretold to me that I was to write it. Down to that moment, I have, from the time when I last wrote to you, considered it as a thing fixed and unchangeable as absolutely fixed as any thing can' be that the treaty of peace, which I yet hoped might take place at an early day, was not to be signed by my hand. True, every time the subject presented itself to my mind, my fears had become greater and greater that the opportunity would be lost. The criti cal position of the peace party whose difficulties and whose peril, as we fully know, cannot but augment with every revolving. hour a until their object shall have been consummated had seldom been absent from my thoughts; and every time it occurred to me, I be came more and more deeply and anxiously impressed with the pro bability that, through mere delay, through 'the mere loss of a few weeks, all their efforts were to prove vain; that the incessant exer tions, the indefatigable industry, and the patriotic courage on their part, by which the present state of things has been brought about, were, after all, to result in nothing; nay, in something far worse than nothing; their own entire prostration and dissolution, through flat despair and death to the sentiment of peace, in every bosom which has cherished it. Still, although this has constantly been the state of my mind on the subject, I have never, until a few hours ago, for an instant wavered from the determination expressed in my reply to your letter; never once conceived the possibility of a change in that determination. So convinced had all become that it was fixed, beyond the possibility of change, that all en-treati'es and arguments to move me had long ceased. Nevertheless, it now stands reversed. For good or for evil, this reversal has occurred, and has been made known in the proper quarter. I am now re solved, and committed, to carry home with me a treaty of peace, if the Mexican government feel strong enough to venture upon making one on the basis, as regards boundary, of the projet origi nally presented by me, modified according to the memorandum which I subsequently gave to one of the commissioners: that is to say, running up the middle of the Rio Bravo from its mouth to the thirty-second degree of latitude, and thence along that parallel to the Pacific ocean; with free access to and from the ocean, through the Gulf of California, from and to our possessions. If they feel able to make and carry through a treaty on thisbasis, it would be utterly idle to talk or to think for an instant of any other, and I cannot listen to a single word on the subject: let them say the word, and the treaty shall be made. If they do not feel thus able, let them surrender at once to the Paros, and dismiss forever all thought of a treaty;, for it is the best chance that Mexico can have one equally favorable to Iver, or [60] 64 indeed for one which any party in this country can accept. I am fully persuaded that its terms would not, by any means, meet the views now entertained by my government. So decided is my belief on this point, that even if I were clothed with discretionary powers to make any treaty which I deemed compatible with those views, I could not consistently with this limitation offer the terms I now propose; and I should not now make the offer but for my clear and perfect conviction on these three points: First, that peace is still the desire of my government: Secondly, that if the present oppor tunity be not seized at once, all chance for making a treaty at all will be lost for an indefinite period probably forever: Thirdly, that this is the utmost point to which the Mexican government can, by any possibility, venture. It is my conviction on the second of these points particularly a conviction which has been becoming clearer and stronger every day for the last fortnight that causes me to depart from the deter mination I had taken; a determination which, in any other position than the one wherein this most extraordinary, this altogether un precedented combination of circumstances, places me with refer ence to the known wishes of my government and country places, indeed, that very country itself it would be so obviously my duty to allow nothing to shake. In my last despatch home I repre sented the nature of the crisis, and recommended the immediate appointment of a commission. I then hoped that this step might be taken in time. I then considered that whether it should or should not so turn out, and whatever might be the consequences of its turning out otherwise, I had nothing to do but close my eyes to those consequences; for they had passed entirely beyond my Control. I did so close my eyes, and I believed for the moment that the subject was dismissed forever from my thoughts. But ever since then, the hope that the step referred to can be taken ere it will be too late, has been becoming fainter and fainter every day; and as it has thus waned, so have the consequences presented themselves under a more and more threatening and disheartening aspect, as they loomed up through the dim future in their as yet indistinct and ill-defined character, but plainly incalculable im mensity. Thus has the question which your Jetter had raised in my mind, and which, on concluding my reply, I had considered as dismissed for once and all, again come up, and brought itself home to m.e. What is my line of duty to my government and my country, in tnis most extraordinary position in which I find myself ? Knowing, as I do, that peace is the earnest wish of both, is it, can it be my duty to allo^w this last chance for peace to be lost, by my conforming to a determination of that government, taken with reference to a sup posed state of things in this country entirely the reverse of that "which actually exists? Upon full reflection, I have come to the conclusion that my duty is to pursue the opposite course; and upon this conclusion 1 have taken my stand. It remains to be seen whet- er the Mexican government can come up to the mark, and give effect to my rtsolve. "Now or never" is the word; and 65 [ 60 ] I need not say to you that this word is uttered in all sincerity, and with as t total an absence of all diplomatic reserves behind it as ever occurred in the most solemn vow pronounced by man. I have had no new instructions, no hint of any kind from Washington or else where, in or out of the United States. The .ease stands in this re spect precisely as when we parted. I am, &c., N. P. TRIST. Mr. Trist to Mr. Buchanan. [No. 28.] HEAD-QUARTERS OF THE U. S. ARMY, Mexico, February 2, 1848. SIR: I transmit herewith the treaty of peace, friendship, limits and settlement, signed one hour ago at the city of Guadalupe; a spot which, agreeably to the creed of this country, is the most sa cred on earth, as being .the scene of the miraculous appearance of the virgin, for the purpose of declaring that Mexico was taken under her special protection. During the negotiation which has been an exceedingly labo rious one, and has kept me closely employed for several weeks past, during every day and night, for as many hours as I could pos sibly give to labor I have written many notes which would serve as an explanation of the treaty in all its stipulations; and I have also written a long despatch on the subject. But it has proved impossible for me to find time to copy these papers, or to get them copied, for transmission. They will go some days hence with the duplicate of the treaty. Meanwhile, this must speak for itself. It will be delivered to you by Mr. James L. Freaner, the corres pondent of the New Orleans Delta, who has given such celeb rity to the signature of "Mustang." For a service of this kind he would be my first choice, by far, of all the men whom I have ever known; as he would be among the first for any service which a man may be qualified for by high integrity of character, strong, manly, good sense, extraordinary sagacity and presence of mind, perfect fearlessness, and many other noble qualities; all united with a frame of steel, and the sinews of a mountain deer. He hadmade his arrangements for leaving this place, on his return to the United States, with the train w.hich I had myself intended to accompany, and which set out from hence on the 9th of Decem ber last. Aware of his great value in such a capacity, at a junc ture like the present, when the loss of a single hour might be attended with consequences the most momentous, I obtained his consent to remain here, with a view to the contingency which has occurred. I consider him, therefore, as having been in the em ployment of the government as a special bearer of despatches, from the 9th of December. As generous and disinterested in his dispo sition as he is brave and upright, he would be perfectly content with the consciousness of having been useful to our country, with- D [ 60 ] 66 out any other reward; but I have told him that I should insist upon this matter being placed upon the footing just stated. With respect to the ratification of the treaty, I believe the chances to be very greatly in its favor; although it cannot be counted upon in less than two months from the date of the pro clamation whick will be issued by the executive, summoning the new Congress. The elections have not yet been held in the States of 'Vera Cruz and Puebla. In the former, the Puros (war party) never had any strength whatever; and in the latter not enough to counteract a vigorous and concerted effort on the part of the Mod- erados. These elections will now speedily take place under the arrangements for facilitating them which will be entered into in pursuance of the second article of the treaty, (inserted with a spe cial view to this object;) and the result will, according to every probability, give to the peace party in Congress a preponderance so decided as to insure its prompt ratification. I am, sir, very respectfully, your obedient servant, N. P. TRIST. Hon. JAMES BUCHANAN, Secretary of State. Mr. Buchanan to the Minister of Foreign Relations of the Mexican Republic. DEPARTMENT OF STATE, Washington, March 18, 1848. SIR: Two years have nearly passed away since our republics have been engaged in war. Causes which it would now be vain, if not hurtful, to recapitulate, have produced this calamity. Under the blessing of a kind Providence this war, I trust, is about to termi nate; and hereafter, instead of the two nations doing each other all the harm they can, their mutual energies will be devoted to pro mote each other's welfare, by the pursuits of peace and of com merce. I most cordially congratulate you on the cheering pros pect. This will become a reality as soon as the Mexican govern ment shall approve the treaty of peace between the two nations concluded at Guadalupe Hidalgo on the 2d February last, with the amendments thereto which have been adopted by the Senate of the United States. The President, in the exercise of his constitutional discretion, a few days after this treaty was received, submitted it to the Senate for their consideration and advice as to its ratification. Your excellency is doubtless aware, that, under the Constitution of theUnited States, u the advice and consent of the Senate" is ne cessary to the validity of all treaties, and that this must be given by a majority of two-thirds of the Senators present. Every treaty must receive the sanction of this august executive council, in the manner prescribed by the Constitution, before it can be binding on the United States. 67 [ 60 ] The Senate commenced their deliberations on this treaty on the 23d February last, and continued to discuss its provisions until the 10th instant, (March,) when they finally advised and consented to its ratification, by a majority of 38 to 14. Your excellency will perceive that a change of four votes, taken from the majority, and added to the minority, would have defeated the treaty. I have now the honor to transmit you a printed copy of the treaty, with a copy in manuscript of the amendments and final proceedings of the Senate upon it. This is done to hasten, with as little delay as practicable, the blessed consummation of peace, by placing in the possession of the Mexican government, at as early a period as possible, all the information which they may require to guide their deliberations. In recurring to the amendments adopted by the Senate, it affords me sincere satisfaction to observe that none of the leading features of the treaty have been changed. Neither the delineation of the boundaries between the two republics; nor the consideration to be paid to Mexico for the extension of the boundaries of the United States; nor the obligations of the latter to restrain the Indians within their limits from committing hostilities on the territories of Mexico; nor, indeed, any other stipulation of national importance to either of the parties, has been stricken from the treaty by the Senate. In all these important features it remains substantially as it was when it came from the hands of the negotiators. The first amendment adopted by the Senate is, to insert in arti cle 3, after the words "Mexican republic," where they first occur, the words il and the ratifications exchanged." Under this article, as it orignally stood, the blockades were to cease, and the troops of the United States were to commence the evacuation of the Mexican territory immediately upon the ratifica tion of the treaty by both governments. The amendment requires, in addition, that these ratifications shall have been first exchanged. The object of this amendment, doubtless, was to provide against the possibility that the American Senate and the Mexican Congress might ratify the treaty, the first in its amended and the latter in its original form; in which event, peace would not thereby be con cluded. Besides, it was known that this amendment could pro duce no delay, as under the amendment of the 'Senate to the 23d article, the ratifications of the treaty may be exchanged at the seat of government of Mexico the moment after the Mexican govern ment and Congress shall have accepted the treaty as amended by the Senate of the United States. The second amendment of the Senate is to strike out the 9th ar ticle, and insert the following in lieu thereof: " ARTICLE IX. u The Mexicans who, in the territories aforesaid, shall not pre serve the character of citizens of the Mexican republic, conforma bly with what is stipulated in the preceding article, shall be incor porated into the Union of the United States and be admitted, at [60] 68 the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights f citizens of the United States, according to trie principles of the constitution; and in'the mean time 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." This article is substantially the same with the original 9th ar ticle; but it avoids unnecessary prolixity, and accords with the former safe precedents of this government in the treaties by which we acquired Louisiana from France and Florida from Spain. The Louisiana treaty, of the 30th April, 1803, contains the following article: " ARTICLE III. " The inhabitants of the ceded territory shall be incorporated in the union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the en joyment of all the rights, advantages, and immunities of citizens of the United States; and, in the meantime, they shall be main tained and protected in the free enjoyment of their liberty, prop erty, and the religion which they profess." Again, in the Florida treaty, of February 22, 1819, the following articles are contained: " ARTICLE V. "The, inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction:, and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects at any time whatever, without being subject in either case to duties." " ARTICLE VI. ' The inhabitants of the territories which his Catholic majesty cedes to the United States, by this treaty, shall be incorporated in the union of the United States as soon as may be consistent with the principles of the Federal constitution, and admitted to the en joyment of all the privileges, rights, and immunities of the citi zens of the United States." Under these treaties with France and Spain, the free and flour ishing States of Louisiana, Missouri, Arkansas, Iowa, and Florida, have been admitted into the Union; and no complaint has ever been made by the original or other inhabitants that their civil or religious rights have not been amply protected. The property be longing to the different churches in the United States is held as sacred by our constitution and laws as the property of individuals; and every individual enjoys the inalienable right of worshipping his God according to the dictates of his own conscience. The 69 [ 60 } Catholic church in this country would not, if they could, change their position in this particular. After the successful experience of nearly half a century, the Senate did not deem it advisable to adopt any new form for the ninth article of the treaty; and surely the Mexican government ought to be content with an article similar to those which have proved satisfactory to the governments of France and Spain, and to all the inhabitants of Louisiana and Florida, both of which were Catholic provinces. I ought, perhaps, here to note a modification in the ninth article, as adopted by the Senate, of the analagous articles of the Louisiana and Florida treaties. Under this modification, the inhabitants of the ceded territories are to be admitted into the Union " at the proper time, (to be judged of by the Congress of the United States,") &c. Congress, under all circumstances and under all treaties, are the sole judges of this proper time; because they, and they alone, un der the federal constitution, have power to admit new States into the Union. That they will always exercise this power as soon as the condition of the inhabitants of any acquired territory may render- it proper, cannot be doubted. By this means the federal treasury can alone be relieved from the expense of supporting ter ritorial governments. Besides, Congress will never lend a deaf ear to a people anxious to enjoy the privilege of self-government. Their application to become a State or States of the Union will be granted the moment this can be done with safety. The third amendment of the Senate strikes from the treaty the tenth article. It is truly unaccountable how this article should have found a place in the treaty^ That portion of it, in regard to lands in Tex as, did not receive a single vote in the Senate. If it were adopted it would be a mere nullity on the face of the treaty, and the judges of ur courts would be compelled to disregard it. It is our glory that no human power exists in this country which can deprive one individual of his property, without his consent, and transfer it to another. If grantees of lands in Texas, under the Mexican gov ernment, possess valid titles, they can maintain their claims before our courts of justice. If they have forfeited their grants by not complying with the conditions on which they were made, it is be yond the power of this government, in any mode of action, to ren der these titles valid, eHher against Texas or 'any individual pro prietor. To resuscitate such grants, and to allow the grantees the same period after the exchange of the ratifications of this treaty, to which they were originally entitled, for the purpose of perform ing the conditions on which these grants had been made, even if this could be accomplished by the power of the government of the United States, would work manifold injustice. These Mexican grants, it is understood, cover nearly the whole sea coast and a large portion of the interior of Texas. They em brace thriving villages and a great number of cultivated farms, the proprietors of which have acquired them honestly by purchase from [ 60 ] 70 the State of Texas. These proprietors are now dwelling in peace and security. To revive dead titles, and suffer the inhabitants of Texas to be ejected under them, from their possessions, would be an act of flagrant injustice, if not wanton cruelty. Fortunately this government possesses no power to adopt such a proceeding. The same observations equally apply to such grantees in New Mexico and Upper California. i The present treaty provides amply and specifically in its 8th and 9th articles for the security of property of every kind belonging to Mexicans, whether held under Mexican grants or otherwise, in the acquired territory. The property of foreigners, under our consti tution and laws, will be equally secure without any treaty stipula tion. The tenth article could have no effect upon such grantees as had forfeited their claims, but that of involving them in endless litigation, under the vain hope that a treaty might cure the defects in their titles against honest purchasers and owners of the soil. And here it may be worthy of observation, that if no stipulations whatever were contained in the treaty to secure to the Mexican in habitants, and all others, protection in the free enjoyment of their liberty, property, and the religion which they profess, these would be amply guarantied by the constitution and laws of the United States. These invaluable blessings, under our forms of government, do not result from treaty stipulations, but from the very nature and character of our institutions. The fourth amendment of the Senate is, to strike from the llth article the following words: u nor to provide such Indians with fire arms or ammunition, by sale or otherwise." This amendment was adopted on a principle of humanity. These Indians must live by the chase; and without firearms they cannot secure the means of subsistence. Indeed, for the want of such arms the extremity of hunger and suffering might drive them to commit the very depre dations which the treaty seeks to avoid, and to make incursions for food either upon the Mexican or American settlements. This gov- e^nment possesses both the ability and the will to restrain the In dians within the extended limits of the United States from making incursions into the Mexican territories, as well as to execute all the other stipulations of the llth article. We believe, however, that whilst to deprive them of firearms and ammunition would be cruel, it might, at the same time, have a tendency to increase rather than to diminish their disposition to make hostile incursions. The fifth amendment of the Senate to the 12th article adopts the second mode of payment of the remaining $12,000,000, after the payment of the first $3,000,000, in exclusion of the first mode pointed out by the treaty. The amended article, as it stands, is as follows: "ARTICLE XII. " In consideration of the extension acquired by the boundaries of the United States, as defined in the 5th 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. Immedi- 71 [ 60 ] ately after this treaty shall have been duly ratified by the govern ment 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 dol lars 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 these 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 be ginning shall also be paid." It is not apprehended that the Mexican government will hare any difficulty in agreeing to this amendment. It is true, that in case they should find it convenient to anticipate the receipt of the whole or any part of the $12,000,000, they might do this more rea dily were a stock to be created, and transferable certificates issued for small and convenient sums; but yet no doubt is entertained that capitalists may be found who will be willing to advance any amount that might be desired, upon the faith of a treaty obligation solemnly entered into by the government of the United States. The sixth amendment of the Senate is to insert in the twenty- third article, after the word u Washington," the words, "or at the seat of government of Mexico." The object of this amendment is to hasten the final conclusion of peace between the two republics. Under it, should the President and Congress of Mexico agree to the treaty as it has been amended by the Senate of the United States, the ratifications may be immediately thereafter exchanged atQueretaro, and the happy consummation be at once accomplished. Th.i seventh and last amendment of the Senate is to strike out the additional article. This was done from the conviction that the pe riod of four months from the date of the treaty the time allowed by the 23d article for the exchange of ratifications would be abund antly sufficient for this purpose; and this more especially as the ratifications may now, under the amendment of the Senate, be ex changed in Mexico. Besides, the idea of postponing the final con clusion of peace and keeping the present treaty pending between the two governments until the 2d October next, eould not be enter tained by the Senate. The President, by and with the advice and consent of the Senate, has appointed the Hon. Ambrose H. Sevier, of the State of Arkan sas, and the Hon. Nathan Clifford, of the State of Maine, commis sioners to Mexico, with the rank of envoy extraordinary and min ister plenipotentiary. Mr. Sevier has for many years been a distin guished Senator of the United States, and for a considerable period has occupied the highly responsible station of chairman of the com mittee on foreign relations; and Mr. Clifford is an eminent citizen of the State of Maine, is Attorney General of the United States, and a member of the President's cabinet. They will bear with [ 60 ] 72 them to Mexico a copy of the treaty, with the amendments of the Senate duly ratified by the President of the United States, and have been invested either jointly or severally with full powers to ex change ratifications with the proper Mexican authorities. That this final act may be speedily accomplished, and that the result may be a sincere and lasting peace and friendship between the two repub lics, is the ardent desire of the President and people of the United States. I avail myself of this occasion to offer to your excellency the assurance of my most distinguished consideration. JAMES BUCHANAN, To his excellency the MINISTER OF FOREIGN RELATIONS of the Mexican republic. P. S. I regret to inform your excellency that Mr. Sevier has been seized with a sudden illness, which renders him unable to depart immediately upon his mission. The two commissioners, however, have been invested with full and equal powers to execute their in structions severally, as well as jointly, arid the acts of the one will be of equal validity with the acts of both. No delay can, therefore, be experienced on this account. It is expected that Mr. Sevier will be able to leave for Mexico in a week or ten days. Messrs. Sevier and Clifford to Mr. Buchanan. CITY OF QUERETARO, May 25, 18489 o'c/ocA:, p. m. SIR: We have the satisfaction to inform you that we reached this city this afternoon at about 5 o'clock, and that the treaty, as amended by the Senate of the United States, passed the Mexican senate about the hour of our arrival, by a vote of 33 to 5. It having previously passed the house of deputies, nothing now re mains but to exchange the ratifications of the treaty. At about four leagues from this city, we were met by a Mexican escort under the command of Colonel Herrera, and were escorted to a house prepared by the government for our reception. The min ister of foreign relations, and the governor of the city called upon us, and accompanied us to dinner, which they had previously or dered. So far as the government is concerned, every facility and honor have been offered us; and Senor Rosa, the minister of for eign relations, desires us to state, that he feels great satisfaction in meeting the ministers of peace from the United States. We will write you again shortly, and more at length, as the courier is on the point of departure. The city appears to be in a great state of exultation; fire works going off, and bands of music parading in every direction. We have the honor to be your obedient servants, A. H. SEVIER, NATHAN CLIFFORD. To the Hon. JAMES BUCHANAN, Secretary of State. 73 [ 60 ] Messrs. Sevier and Clifford to Mr. Buchanan. [No. 11.] CITY OF QUERETARO, May 30 1848. SIR: In our last, we had the honor to inform you of our arrival in this city on the 25th instant. On the /following day, at 12 o'clock, meridian, in pursuance of a previous arrangement, Mr. Clifford was presented to the president of the republic, by Mr. Rosa 3 the secretary of foreign relations, in presence of the cabinet and a large number of the military and civil officers of the govern ment, and placed our credentials in tie hands of his excellency. Mr. Sevier was prevented, by indisposition, from being present on the occasion. We enclose a copy of our address to the president, and also a copy of his reply. Several conferences afterwards took place between Messrs. Rosa, Cuevas and Couto and ourselves, which it is not thought necessary to recapitulate, as we enclose a copy of the protocol, which contains the substance of the conver sations. We have now the satisfaction to announce that the ex change of ratifications was effected to-day. Some delay occurred after the conferences, in the preparation of the Mexican copy of the treaty. That was finally accomplished, within the last hour, when the exchange of ratifications was duly made by Mr. Rosa, in behalf of the Mexican government, and ourselves, on the part of the United States. Having accomplished our duties here, we shall return immedi ately to the city of Mexico, for the purpose of paying over the three millions, according to the stipulations of the treaty. It is expected that the Mexican government will appoint a commissioner to repair to the city, in company with us, to receive the payment. No circumstances are foreseen by us to render it necessary to use the papers furnished by the Treasury Department, in regard to the remaining twelve millions. In one of the conferences, Mr. Rosa urged, with much force, the dangers of disorder in the city of Mexico, in case our army should retire before the Mexican authorities had taken the necessary pre cautions. He also expressed some fear that their authorities might be interfered -with by our army, should they find it necessary to arrest and try certain individuals who, it is said, are plotting the overthrow of the government; and, to quiet these apprehensions as far as possible, we addressed a communication to General Butler, of which the enclosed is a copy. We also transmit a copy of a letter received from Commodore Jones, with the enclosures, and a copy of our reply. Also a copy of a letter from General Butler to us, with the enclosures, and a copy of our communication to Colonel Mason, in compliance with General Butler's request. Also a copy of our despatch to Commodore Perry. We have the honor to remain, sir, with great respect, your obe dient servants, A. H. SEVIER, NATHAN CLIFFORD. To the Hon. JAMES BUCHANAN, Secretary of State. 5 [60] 74 P. S. At the suggestion of the Mexican government, we have written t General Wool a despatch, of which we also enclose a copy. Mr. Clifford to Mr. Buchanan. [No. 13.] CITY OF MEXICO, June 12, 1848. SIR: At 6 'clock this morning, the flag of the United States was taken down from the national palace in this city and that of the Mexican republic was hoisted. The customary honors were paid to both, and the ceremony passed off in perfect quiet, although the great square was thronged. The last division of the army then evacuated the place, General Butler and Mr. Sevier accompanying it. The latter will proceed with all despatch to Washington with the treaty and exchange of ratifications. The receipt for the three millions he does not take with him, as the government here insisted upon counting the money an operation which will consume much more time than it was advisable for him to wait. All arrange ments, however, have been made in regard to the payment, and when the receipt is given to me, it shall be immediately and safely forwarded. Apprehensions were entertained that the departure of our forces would be the signal of tumult, but the energetic meas ures adopted by the authorities have kept everything tranquil; and there is no probability of order being disturbed. If the govern ment perseveres in a course of activity and firmness, we may hope for its success in putting the affairs of the country upon a footing of permanence. The most patriotic spirit has been manifested by all the better classes of society in forming a national guard, for the preservation of public peace; and the resident foreigners, also, by invitation of the government, have associated themselves for the same purpose. The President and his cabinet are now at Mixcoac, a small vil lage about two leagues distant, where they arrived on the 9th. They will enter the city to-morrow, not being able to do so to-day on account of repairs to be made in the palace. Senor Otero, a distinguished senator, is Minister of Foreign Re lations; Senor Riva Palacios, Minister of Finance; General Arista, Minister of War; and Senor Jimenes, a deputv. Minister of Justice. Enclosed is a copy of a communication just received from Gen eral Wool. I have the honor to remain, sir, your obedient servant, NATHAN CLIFFORD. Hon. JAMES BUCHANAN, Secretary of State. Photomouni Pamphlet Binder Gaylord Bros., Inc. Makers Stockton, Calif. PAT. IAN. 21. 1908 OF GUADALUPE HIDALGO -stadt - I960) OF G T ' IA "