USA > Arizona > History of Arizona, Volume I > Part 12
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"ART. XXII. If (which is not to be ex- pected, and which God forbid) war should
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unhappily break out between the two republics, they do now, with a view to such calamity, sol- emnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the subject permits, and as closely as possible in all cases where such abso- lute observance shall be impossible :
"1. The merchants of either republic then residing in the other shall be allowed to remain twelve months, (for those dwelling in the inte- rior), and six months, (for those dwelling at the seaports), to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are re-
quired 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 fisher- men, unarmed and inhabiting unfortified towns, villages or places, and, in general, all persons whose occupations are for the common subsist- ence and benefit of mankind, shall be allowed to continue their respective employments, unmo- lested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of
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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, hos- pitals, schools, colleges, libraries, and other establishments for charitable and beneficent purposes, shall be respected, and all persons con- nected with the same, protected in the discharge of their duties and the pursuit of their vocations. "2. In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or un- wholesome districts, 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 otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comforta- ble quarters; and the common soldiers shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in bar- racks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole, by leaving the district so assigned him, or any other prisoner shall escape from the limits of his cantonment, after they shall have been desig- nated to them, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so break- ing his parole, or any common soldier so escap- ing from the limits assigned him, shall after- wards be found in arms, previously to his being
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regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily fur- nished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed, either in kind or by commuta- tion, to officers of equal rank in its own army; and all others shall be daily furnished with such rations as is allowed to a common soldier in its own service; the value of all which supplies shall at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be withheld, as a compensation or reprisal for any cause whatever, real or pretended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every can- tonment of prisoners, in possession of the other; which commissary shall see the prisoners as often as he pleases ; shall be allowed to receive, exempt from all duties or taxes, and to distribute, what- ever comforts may be sent to them by their friends, and shall be free to transmit his reports in open letter to the party by whom he is employed.
"And it is declared that neither the pretense that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided; and, during which, its stipulations are to be as
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sacredly observed as the most acknowledged ob- ligations under the law of nature or nations.
"ART. XXIII. This treaty shall be ratified by the President of the United States of Amer- ica, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic, with the previous approba- tion of its general Congress, and the ratifications shall be exchanged in the city of Washington, or at the seat of Government of Mexico, in four months from the date of the signature thereof or sooner if practicable.
"In faith whereof, we, the respective plenipo- tentiaries, have signed this treaty of peace, friendship, limits and settlement, and have here- unto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second of February, in the year of our Lord one thousand eight hundred and forty- eight.
(Seal) (Seal) (Seal) (Seal)
N. P. Trist. Luis G. Cuevas. Bernardo Couto. Migl. Atristain.
PROTOCOL.
"In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hundred and forty-eight, at a conference between their excel- lencies, Nathan Clifford and Ambrose H. Sevier, Commissioners of the U. S. of A., with full powers from their Government to make to the Mexican Republic suitable explanations in re- gard to the amendments which the Senate and Government of the said United States have
TREATY OF GUADALUPE HIDALGO. 177
made in the treaty of peace, friendship, limits and definitive settlement between the two Re- publics, signed in Guadalupe Hidalgo, on the second day of February, of the present year; and his Excellency Don Luis de la Rosa, Minis- ter of Foreign Affairs of the Republic of Mex- ico; it was agreed, after adequate conversation, respecting the changes alluded to, to record in the present protocol the following explanations, which their aforesaid excellencies the Commis- sioners gave in the name of their Government and in fulfillment of the commission conferred upon them near the Mexican Republic:
"1st. The American Government by sup- pressing the IXth article of the treaty of Guada- lupe Hidalgo and substituting the IIId article of the treaty of Louisana, did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabi- tants of the territories ceded by Mexico. Its understanding is that all of that agreement is contained in the 3d article of the treaty of Louisiana. In consequence all the privileges and guaranties, civil, political, and religious, which could have been possessed by the inhabi- tants of the ceded territories, if the IXth article of the treaty had been retained, will be enjoyed by them, without any difference, under the arti- cle which has been substituted.
"2d. The American Government by sup- pressing the Xth article of the treaty of Guada- lupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwithstanding the suppression of the article of the treaty, preserve
12
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the legal value which they may possess, and the grantees may cause their legitimate (titles) to be acknowledged before the American tribunals.
"Conformably to the laws of the United States, legitimate titles to every description of property, personal and real, existing in the ceded territories are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d March, 1836.
"3d. The Government of the United States, by suppressing the concluding paragraph of article XIIth of the treaty, did not intend to de- prive the Mexican Republic of the free and un- restrained faculty of ceding, conveying or trans- ferring at any time (as it may judge best) the sum of the twelve millions of dollars which the same government of the United States is to deliver in the places designated by the amended article.
"And these explanations having been accepted by the Minister of Foreign Affairs of the Mexi- can Republic, he declared, in name of his Gov- ernment, that with the understanding conveyed by them the same Government would proceed to ratify the treaty of Guadalupe, as modified by the Senate and Government of the United States. In testimony of which, their Excellen- cies, the aforesaid Commissioners and the Min- ister have signed and sealed, in quintuplicate, the present protocol.
(Seal) (Seal) (Seal)
A. H. Sevier. Nathan Clifford. Luis de la Rosa.
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TREATY OF GUADALUPE HIDALGO.
ARTICLES REFERRED TO IN THE FIF- TEENTH ARTICLE OF THE PRECED- ING TREATY.
First and Fifth articles of the unratified conven- tion between the United States and the Mexican Republic of the 20th November, 1843.
ARTICLE I.
"All claims of citizens of the Mexican Repub- lic against the Government of the United States which shall be presented in the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Republic, which, for whatever cause, were not submitted to, nor considered, nor finally decided by, the commission, nor by the arbiter appointed by the convention of 1839, and which shall be presented in the manner and time hereafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say : Two commissioners shall be appointed by the President of the Mexican Republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to exam- ine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two re- publics.
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ARTICLE V.
"All claims of citizens of the United States against the Government of the Mexican Repub- lic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this convention, on the points submitted to the umpire under the late conven- tion, and his decision shall be final and conclu- sive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claim.
"THE EVACUATION OF THE CITY OF MEXICO BY THE UNITED STATES.
"At 6 o'clock, A. M., June 12, 1848, the flag of the United States was taken down from the National palace in the city of Mexico, and the colors of Mexico hoisted in their stead, the cus- tomary honors being paid to both. The last division of the American army was withdrawn, and the occupation of Mexico by the United States was at an end. July 4, 1848, President Polk issued proclamation of the foregoing treaty.
"BOUNDARIES, AREA, AND COST OF CESSION :
"By this cession the United States obtained the acknowledgment of the boundaries of Texas, annexed in 1845, and the territory west of the Rio Grande, and of a meridian north from its
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course to the forty-second parallel on the north, the Pacific Ocean on the west, and the national boundary on the south established by this treaty. (See Article V.) This boundary was after- wards altered by the addition of the land pur- chased by the Gadsden treaty of 1853, and the present national boundary was established. The area of territory obtained by this treaty (exclusive of the Texas cession, in doubt as to part) was estimated at 522,568 square miles, viz. :
Square miles.
Lying now in the State of California, being the entire State. 157,801
The entire State of Nevada 112,090 Arizona (except the Gadsden purchase of 1853) 82,381
New Mexico west of the Rio Grande and north of the Gadsden purchase of 1853). 42,000
Utah, entire 84,476
Colorado, west of the Rocky Mountains. . 29,500
Wyoming, the southwest portion 14,320
In all estimated at. 522,568 or 334,443,520 acres.
"All of this became national and public do- main, and the land laws of the United States were extended over it by congress (for disposi- tion and sale), excepting certain grants made therein by Spanish and Mexican authorities. It cost principal sum under the treaty, $15,000,000.
"The southern and western boundary of this cession is (west of Texas) the boundary of the public as well as of the national domain. The
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HISTORY OF ARIZONA.
boundary lines were settled and surveyed by a joint commission.
DELIVERY OF THE CESSION.
"The United States being in possession, by military force, no formal delivery of the terri- tory was had other than by the payment of the sum stipulated and fixing and determining the boundary line.
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BOUNDARY COMMISSION SURVEY.
CHAPTER XI. BOUNDARY COMMISSION SURVEY AND GADSDEN PURCHASE.
JOHN B. WELLER - JOHN C. FREMONT - JOHN RUSSELL BARTLETT-MAJOR W. H. EMORY- GADSDEN PURCHASE AND TREATY-PROPOSI- TION SUBMITTED TO CONGRESS BY MR. GADS- DEN.
According to the terms of the treaty of Guada- lupe Hidalgo, the Commissioners of the Bound- ary Survey were to be appointed within one year from the signing of the treaty. Mexico appointed General Pedro Garcia Conde, and President Polk, early in 1849, appointed John B. Weller, who had served in Congress from Ohio, and afterwards in the United States Sen- ate from California, and also as Governor of the last mentioned State.
In February, 1850, after establishing the initial point for the survey, the Commission adjourned. Soon thereafter Weller was super- seded by John C. Fremont who, having been elected Senator from California, during that year resigned from the position of Commis- sioner, and John Russell Bartlett of Massachu- setts, in June, 1850, was appointed in his place. Bartlett organized his force and a military escort was provided by the Government for the Commission. There was a large corps of engineers, surveyors and assistants over whom Lieut. A. W. Whipple, of the Topographical Engineers, was placed. Lieut. Whipple also
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HISTORY OF ARIZONA.
performed the astronomical duties, while John Bull was the principal surveyor in charge of this department of the work. They selected their assistants and entered upon the perform- ance of their duties on the 3d of September, 1850.
Part of the duty of this Boundary Survey Commission was to make notes of the northern part of Chihuahua and Sonora and the adapta- bility of that country to a railroad route.
At San Antonio, an advance party was sent ahead with a view to reaching El Paso on the first Monday of November, the 4th day of the month, the day fixed upon for the meeting of the joint Commission. Commissioner Bartlett was in charge of this party and selected to accompany him Thomas H. Webb, Secretary of the Commis- sion, Robert C. Murphy, Asst. Secretary and Clerk, George Thurber, Botanist and Commis- sary, Theodore F. Moss, Geologist, John C. Cremony, Interpreter, Edward C. Clark, Quar- termaster, Robert E. Matthews, John B. Stew- art, Thomas Thompson, S. P. Sandford, J. Thomas McDuffle, Thomas Dunn, George C. Gar- ner, J. E. Weems, Jr., Clement Young, C. Neville Sims, George S. Pierce and A. P. Wilbur, assist- ants in the engineering and surveying corps, with a mason, blacksmith, a harnessmaker, a carpenter, a tailor, and cooks, hunters and teamsters, making altogether a party of thirty persons. This party reached El Paso November 13th, a distance from San Antonio to that place of six hundred and thirty-five miles. It was found impracticable to conduct the survey to the east on account of the expense and difficulty in
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obtaining supplies, and, therefore, the start was made from the eastern border. Commissioner Bartlett issued the following:
"General Order for the government of the Ad- vance Party of the U. S. Mexican Boundary Commission, on its march from San Antonio to El Paso del Norte.
"As this portion of the Commission is enter- ing a country inhabited by warlike tribes of In- dians, where no resources can be had beyond what the prairies supply, it is absolutely neces- sary that a rigid observance be kept of the fol- lowing order :
"The same organization of the cavalry com- pany formed at Indianola, will be continued to El Paso.
"Mr. Geo. S. Pierce, commanding the cavalry, will act as master of the camp, detailing for the guard whatever force may be deemed necessary for the safety of the train.
"Every member of the Commission, the team- sters and cooks excepted, is expected to do guard duty.
"The train and escort will keep as close to- gether as possible; and after leaving Fredericks- burg, no one will be permitted to leave the train beyond a short limit.
"Mr. Cremony will take charge of the ammu- nition, inspect the arms, and report in what man- ner every man is armed. Economy must be used in the ammunition, as the quantity in the train is limited.
"As there is one jornada of seventy miles without water, and we may suffer inconvenience elsewhere, every man who has not already pro-
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vided himself with a canteen or gourd, will do so before leaving Fredericksburg.
"In case of any difficulty or accident to the wagons, it is expected that every one will lend all the aid in his power to remove it, and hasten the movement of the train.
"Mr. E. C. Clark, the acting quartermaster, will arrange the encampment, and direct the dis- tribution of the forage. It is absolutely neces- sary that there should be an equal distribution of corn, and no one will be permitted to take more than is assigned or delivered to him. On this de- pends the safety of our animals, and conse- quently our own. A limited quantity of corn can only be taken, and great economy must be used in its distribution.
"On coming into camp, holes must be dug for the fires, which must, when the ground permits, be placed in hollows, or beneath a hill, in order to conceal the encampment as much as possible.
John R. Bartlett,
Commissioner."
This survey of the boundary line under the treaty of Guadalupe Hidalgo, was not per- manently established, because in 1853, under the Gadsden purchase, Mexico ceded to the United States a strip of land south of the river Gila, from the Rio Grande on the east to a point twenty miles below the mouth of the Gila on the west, on the Colorado, estimated to contain 45,535 square miles, or 29,142,400 acres, 14,000 square miles of which are now contained in the State of New Mexico, and 31,535 square miles in the State of Arizona, for the sum of ten millions
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of dollars. The boundary line under the Gads- den treaty was established in 1855-56.
These surveys, as we have seen, began in 1849, and continued, with many interruptions, until 1856. During the establishment of the bound- ary line agreed upon by the treaty of Guadalupe Hidalgo, four different commissioners were ap- pointed, four of astronomer, and two of sur- veyor. These changes, and the want of means to properly carry on the work, with differences of opinion as to the proper initial point on the Rio Grande, caused much delay.
Major W. H. Emory, in 1856, succeeded Bart- lett as Commissioner, and completed the survey under the terms of the Gadsden purchase, fixing the boundaries as established at present.
The line finally established under the treaty of Guadalupe Hidalgo, extended up the Rio Grande from its mouth to latitude 31° 54' 40" north; thence west along that parallel to the meridian of 109° 37' west; thence due south to the Rio San Domingo; thence down that stream to the Gila ; thence down the Gila to its mouth; thence in a straight line to the point on the Pacific, in lati- tude 32° 32' north.
Many reconnaissances were made by different parties in going to and from various points on the line, and the Rio Grande was surveyed up as far as the parallel of 32° 22' north, and a portion of that parallel was run by Lieutenant Whipple, as directed by Mr. Bartlett, commissioner at that time.
The treaty of 1853, by which the tract of ter- ritory known as the Gadsden purchase was ac- quired from Mexico, changed the boundary line
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HISTORY OF ARIZONA.
so as to make it commence on the Rio Grande at latitude 31° 47' north; thence due west 100 miles ; thence south to latitude 31° 30' north ; thence due west to the one hundred and eleventh meridian; thence in a straight line to a point on the Colo- rado twenty miles below its junction with the Gila; thence up the Colorado to the former line.
To establish this boundary, Major Emory, then Brevet Major Corps Topographical Engi- neers, was appointed Commissioner and astron- omer on the part of the United States, and Jose Salazar Ilarregui, was appointed commissioner on the part of the republic of Mexico, and the work was accomplished during the years 1855-56.
Major Emory was assisted in this work by Lieutenant N. Michler, Topographical Engi- neers, and others. Captain G. Thom, Topo- graphical Engineers, had charge of the office in computing the work and projecting the maps of both boundary surveys.
What is known as the Gadsden Purchase, mention of which has been made, was acquired by the United States under a treaty made by the United States with the Republic of Mexico, which, together with an explanatory note, I give in full :
"Under the administration of President Pierce, December 30, 1853, a treaty was entered into by James Gadsden, United States minister to Mexico, and Don Manuel Diez de Bonilla, Sec- retary of State, Jose Salazar Ylarregui, and J. Mariano Monterde, as scientific commissioners on behalf of the Republic of Mexico, for the pur- chase of the tract of land now lying in the south- ern part of the territories of New Mexico and
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Arizona, then in the Republic of Mexico and ad- joining the United States, south of the river Gila, and from the Rio Grande on the east to a point twenty miles below the mouth of the Gila on the west, on the Colorado River. The Gila River and branches from this point eastward was the boundary fixed by the treaty of Guada- lupe Hidalgo, in 1848. This purchase was for the purpose of more correctly defining and mak- ing a more regular line and certain boundary between the United States and Mexico.
"The treaty was as follows:
"Treaty with Mexico. Concluded December 30, 1853; ratifications exchanged June 30, 1854; proclaimed June 30, 1854.
"In the name of Almighty God:
"The Republic of Mexico and the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and inter- course between the two countries, and especially in respect to the true limits which should be established, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo in the year 1848, opposite interpretations have been urged, which might give occasion to ques- tions of serious moment : to avoid these and to strengthen and more firmly maintain the peace which happily prevails between the two repub- lics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same, near the Mexican Government, and the President of Mexico has appointed as Plenipo- tentiary 'ad hoc' his excellency Don Manuel
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HISTORY OF ARIZONA.
Diaz de Bonilla, cavalier grand cross of the na- tional and distinguished order of Guadalupe, and Secretary of State and of the office of For- eign Relations, and Don Salazar Ylarregui and General Mariano Monterde, as scientific commis- sioners, invested with full powers for this negotiation; who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles following :
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