USA > Arizona > History of Arizona, Volume I > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25
forts, territories, places and possessions which have been taken or occupied by the forces of the United States during the present war within the limits of the Mexican Republic, as about to be established by the following article, shall be definitely restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the govern- ment of the Mexican Republic. To this end, im- mediately upon the signature of this treaty, orders shall be dispatched to the American offi- cers commanding such castles and forts, secur- ing against the removal or destruction of any such artillery, arms, apparatus of war, muni- tions or other public property. The city of Mexico, within the inner line of intrenchment surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, etc.
"The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months from the said exchange of ratifications, or sooner if possible; the Mexican government hereby engag- ing as in the foregoing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.
"If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the
158
HISTORY OF ARIZONA.
United States to be completed before the com- mencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such cases a friendly arrangement 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 exceeding thirty leagues, shall be desig- nated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time referred to as comprehending the sickly season shall be understood to extend from the first day of May to the first day of November.
"All prisoners of war taken on either side, on land or on sea, shall be restored as soon as prac- ticable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives and cause them to be restored to their country.
"ART. V. The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land opposite the mouth of the Rio Grande, otherwise called the Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; then westwardly, along the
159
TREATY OF GUADALUPE HIDALGO.
whole southern boundary of New Mexico (which runs north of the town called Paso) to its west- ern termination; thence northward, along the western line of New Mexico, until it intersects the first branch of the river Gila (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same) ; thence down the middle of the said branch, and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower Califor- nia, to the Pacific Ocean.
"The southern and western limits of New Mex- ico, mentioned in this article, are those laid down in the map entitled : 'Map of the United Mexican States, as organized and defined by various acts of the congress of said Republic, and constructed according to the best authorities. Revised edi- tion. Published at New York, in 1847, by J. Disturnell'; of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower Califor- nia, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southern- most point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing master of the Spanish Fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the
160
HISTORY OF ARIZONA.
schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective plenipotentiaries.
"In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground landmarks which shall show the limits of both Republics, as de- scribed in the present article, the two govern- ments shall each appoint a commissioner and a surveyor, who before the expiration of one year from the date of exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty; and shall have the same force as if it were inserted therein. The two governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.
"The boundary line established by this article, shall be religiously respected by each of the two Republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution.
"ART. VI. The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage of the Gulf of California, and by the river Colorado below its confluence with the Gila, to and from their possessions situ- ated north of the boundary line defined in the
161
TREATY OF GUADALUPE HIDALGO.
preceding article; it being understood that this passage is to be by navigating the Gulf of Cali- fornia, and the river Colorado, and not by land, without the express consent of the Mexican Gov- ernment.
"If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or rail- way, which should be in whole or in part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the govern- ments of both Republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.
"ART. VII. The river Gila, and the part of the Rio Bravo del Norte, lying between the southern boundary of New Mexico, being, agree- ably to the fifth article, divided in the middle between the two Republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries, and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denom- ination 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
11
162
HISTORY OF ARIZONA.
for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.
"The stipulations contained in the present article shall not impair the territorial rights of either Republic within its established limits.
"ART. VIII. Mexicans now established in territories previously belonging to Mexico and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.
"Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifica- tions of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans shall be consid- ered to have elected to become citizens of the United States.
"In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The pres- ent owners, the heirs of these, and all Mexicans
163
TREATY OF GUADALUPE HIDALGO.
who may hereafter acquire said property by contract, shall enjoy with respect to it guaran- tees equally ample as if the same belonged to citizens of the United States.
"ART. IX. The Mexicans who, in the terri- tories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conform- ably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time, (to be judged of by the Congress of the United States), to the enjoyment of all the rights of citizens of the United States, accord- ing to the principles of the Constitution; and in the meantime, shall be maintained and protected in the free enjoyment of their liberty and prop- erty, and secured in the free exercise of their re- ligion without restriction.
"ART. X. (Stricken out).
"ART. XI. Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of New Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States, whensoever this may be necessary; and that when they can- not 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 incur-
164
HISTORY OF ARIZONA.
sions were meditated or committed within its own territory, against its own citizens.
"It shall not be lawful, under any pretext whatever, for any inhabitant of the United States, to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the terri- tory of either of the two Republics; nor to purchase or acquire horses, mules, cattle, or prop- erty of any kind, stolen within such Mexican ter- ritory by such Indians.
"And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the United States, the Government of the latter engages and binds itself in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country, or deliver them to the agent or representative of the Mexican Government. The Mexican author- ities will, as far as practicable, give to the Gov- ernment of the United States notice of such captures; and its agents shall pay the expenses incurred in the maintenance and transportation of the rescued captives; who, in the meantime, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mex- ico, should obtain intelligence through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to
165
TREATY OF GUADALUPE HIDALGO.
effect their release and delivery to the Mexican agent, as above stipulated.
"For the purpose of giving to these stipula- tions the fullest possible efficacy, thereby afford- ing the security and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, with- out unnecessary delay, and always vigilantly en- force, 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 terri- tories, or for its being setttled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occu- pants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to re- strain.
"ART. XII. In consideration of the exten- sion acquired by the boundaries of the United States, as defined in the fifth article of the pres- ent treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars.
"Immediately after this treaty shall have been duly ratified by the Government of the Mexican Republic, the sum of three millions of dollars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico. The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual in- stalments of three millions of dollars each, to-
166
HISTORY OF ARIZONA.
gether with interest on the same at the rate of six per centum per annum. This interest shall be- gin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by the Mexican Government and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instalment, as it falls due, the whole interest accruing on such instalment from the beginning shall also be paid.
"ART. XIII. The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Re- public under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt for the future, from all expense whatever on account of the said claims.
"ART. XIV. The United States do further- more discharge the Mexican Republic from all claims of citizens of the United States, not here- tofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following ar- ticle, and whatever shall be the total amount of those allowed.
167
TREATY OF GUADALUPE HIDALGO.
"ART. XV. The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preced- ing article, and considering them entirely and forever cancelled, whatever their amount may be, undertakes to make satisfaction for the same, to an amount not exceeding three and one- quarter millions of dollars. To ascertain the validity and amount of those claims, a board of commissioners shall be established by the Gov- ernment of the United States, whose awards shall be final and conclusive; provided that, in deciding upon the validity of each claim, the board shall be guided and governed by the prin- ciples and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favor of any claim not embraced by these principles and rules.
"If, in the opinion of the said board of com- missioners or of the claimants, any books, rec- ords, or documents in the possession or power of the Government of the Mexican Republic shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Con- gress may designate, make an application in writing for the same, addressed to the Mexican Minister for Foreign Affairs, to be transmitted by the Secretary of State of the United States, and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records
168
HISTORY OF ARIZONA.
or documents so specified, which shall be in their possession or power, (or authenticated copies or extracts of the same) to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commis- sioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records or documents, shall have been stated under oath or affirmation.
"ART. XVI. Each of the contracting par- ties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.
"ART. XVII. The treaty of amity, com- merce and navigation, concluded at the city of Mexico, on the fifth day of April, A. D. 1831, be- tween the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such inten- tion to the other party.
"ART. XVIII. All supplies whatever for troops of the United States in Mexico, arriv- ing at ports in the occupation of such troops previous to the final evacuation thereof, al-
169
TREATY OF GUADALUPE HIDALGO.
though subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish, and vigilantly to enforce all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to de- nounce to the Mexican authorities at the respec- tive ports any attempts at a fraudulent abuse of this stipulation, which they may know of or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly approved and established by sentence of a com- petent tribunal, shall be punished by the confis- cation of the property so attempted to be fraudulently introduced.
"ART. XIX. With respect to all merchan- dise, effects and property whatsoever, imported into ports of Mexico whilst in the occupation of the force of the United States, whether by citi- zens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed :
"1. All such merchandise, effects and prop- erty, if imported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this
170
HISTORY OF ARIZONA.
treaty, shall be exempt from confiscation, al- though the importation of the same be pro- hibited by the Mexican tariff.
"2. The same perfect exemption shall be en- joyed by all such merchandise, effects, and prop- erty, 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, however, at the time of their im- portation, subject to the payment of duties, as provided for in the said following articles :
"3. All merchandise, effects and property described in the two rules foregoing shall, dur- ing their continuance at the place of importa- tion, and upon their leaving such place for the interior, be exempt from all duty, tax, or impost of every kind, under whatsoever title or denom- ination. Nor shall they be there subjected to any charge whatsoever upon the sale thereof.
"4. All merchandise, effects and property described in the first and second rules, which shall have been removed to any place in the in- terior whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination.
"5. But if any merchandise, effects, or prop- erty, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon
171
TREATY OF GUADALUPE HIDALGO.
their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases, if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff.
"6. The owners of all merchandise, effects or property, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever.
"With respect to the metals, or other prop- erty, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty or contri- bution upon any such importation, or in any manner to account for the same to the said authorities.
"ART. XX. Through consideration for the interest of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the res- toration of the custom-houses, conformably with the stipulation in the third article, in such case all merchandise, effects, and property what- soever, arriving at the Mexican ports after the restoration of the said custom-houses, and previ- ously to the expiration of sixty days after the day of the signature of this treaty, shall be ad- mitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-house at the
172
HISTORY OF ARIZONA.
time of the restoration of the same. And to all such merchandise, effects and property, the rules established by the preceding article shall apply.
"ART. XXI. If unhappily any disagree- ment shall hereafter arise between the Govern- ments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavor, in the most sincere and earnest manner, to settle the differences so aris- ing, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hos- tility of any kind by the one republic against the other, until the Government of that which deems itself aggrieved shall have naturally considered, in the spirit of peace and good neighborship, whether it would not be better that such differ- ences should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference or the circumstances of the case.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.