The Treaty of
Guadelupe Hidalgo
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GUADELUPE HIDALGO
OOOOOIN
THE NAME OF ALMIGHTY GOD ARTICLE I OOOOOThere shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons. ARTICLE II OOOOOImmediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be reestablished, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation. ARTICLE III OOOOOImmediately
upon the ratification of the present treaty by the Government of the
United States, orders shall be transmitted to the commanders of their
land and naval forces, requiring the latter (provided this treaty
shall then have been ratified by the Government of the Mexican
Republic, and the ratifications exchanged) immediately to desist from
blockading any Mexican ports and requiring the former (under the same
condition) to commence, at the earliest moment practicable,
withdrawing all troops of the United States then in the interior of
the Mexican Republic, to points that shall be selected by common
agreement, at a distance from the seaports not exceeding thirty
leagues; and such evacuation of the interior of the Republic shall be
completed with the least possible delay; the Mexican Government hereby
binding itself to afford every facility in its power for rendering the
same convenient to the troops, on their march and in their new
positions, and for promoting a good understanding between them and the
inhabitants. In like manner orders shall be despatched to the persons
in charge of the custom houses at all ports occupied by the forces of
the United States, requiring them (under the same condition)
immediately to deliver possession of the same to the persons
authorized by the Mexican Government to receive it, together with all
bonds and evidences of debt for 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 elsewhere
in Mexico, by authority of the United States, from and after the day
of ratification of this treaty by the Government of the Mexican
Republic; and also an account of the cost of collection; and such
entire amount, deducting only the cost of collection, shall be
delivered to the Mexican Government, at the city of Mexico, within
three months after the exchange of ratifications. ARTICLE IV OOOOOImmediately
after the exchange of ratifications of the present treaty all castles,
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 Government of the Mexican
Republic. To this end, immediately upon the signature of this treaty,
orders shall be despatched to the American officers commanding such
castles and forts, securing against the removal or destruction of any
such artillery, arms, apparatus of war, munitions, or other public
property. The city of Mexico, within the inner line of intrenchments
surrounding the said city, is comprehended in the above stipulation,
as regards the restoration of artillery, apparatus of war, & c. ARTICLE V OOOOOThe
boundary line between the two Republics shall commence in the Gulf of
Mexico, three leagues from land, opposite the mouth of the Rio Grande,
otherwise called Rio Bravo del Norte, or Opposite the mouth of its
deepest branch, if it should have more than one branch emptying
directly into the sea; 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; thence,
westwardly, along the whole southern boundary of New Mexico (which
runs north of the town called Paso) to its western termination;
thence, northward, along the western line of New Mexico, until it
intersects the first branch of the river Gila; (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 California, to the
Pacific Ocean. ARTICLE VI OOOOOThe
vessels and citizens of the United States shall, in all time, have a
free and uninterrupted passage by the Gulf of California, and by the
river Colorado below its confluence with the Gila, to and from their
possessions situated north of the boundary line defined in the
preceding article; it being understood that this passage is to be by
navigating the Gulf of California and the river Colorado, and not by
land, without the express consent of the Mexican Government. ARTICLE VII OOOOOThe
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 republics, the
navigation of the Gila and of the Bravo below said boundary shall be
free and common to the vessels and citizens of both countries; and
neither shall, without the consent of the other, construct any work
that may impede or interrupt, in whole or in part, the exercise of
this right; not even for the purpose of favoring new methods of
navigation. Nor shall any tax or contribution, under any denomination
or title, be levied upon vessels or persons navigating the same or
upon merchandise or effects transported thereon, except in the case of
landing upon one of their shores. If, for the purpose of making the
said rivers navigable, or 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. ARTICLE VIII OOOOOMexicans
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. ARTICLE IX OOOOOThe Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States. and 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, according to the 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. ARTICLE X OOOOO[Stricken out] ARTICLE XI OOOOOConsidering
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 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 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
meditated or committed within its own territory, against its own
citizens. ARTICLE XII OOOOOIn
consideration of the extension acquired by the boundaries of the
United States, as defined in the fifth article of the present treaty,
the Government of the United States engages to pay to that of the
Mexican Republic the sum of fifteen millions of dollars. ARTICLE XIII OOOOOThe 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 Republic, under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims. ARTICLE XIV OOOOOThe United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed. ARTICLE XV OOOOOThe
United States, exonerating Mexico from all demands on account of the
claims of their citizens mentioned in the preceding article, and
considering them entirely and forever canceled, whatever their amount
may be, undertake to make satisfaction for the same, to an amount not
exceeding three and one-quarter millions of dollars. To ascertain the
validity and amount of those claims, a board of commissioners shall be
established by the Government of the United States, whose awards shall
be final and conclusive; provided that, in deciding upon the validity
of each claim, the boa shall be guided and governed by the principles
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 favour of any claim not
embraced by these principles and rules. ARTICLE XVI OOOOOEach 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 OOOOOThe 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, 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 intention to the other party. ARTICLE XVIII OOOOOAll supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish and vigilantly to enforce, all possible guards for securing the 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 denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proved and established by sentence of a competent tribunal, They shall be punished by the confiscation of the property so attempted to be fraudulently introduced. ARTICLE XIX OOOOOWith
respect to all merchandise, effects, and property whatsoever, 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
observed: ARTICLE XX OOOOOThrough consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom houses, conformably with the stipulation in the third article, in such case all merchandise, effects and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply. ARTICLE XXI OOOOOIf unhappily any disagreement should hereafter arise between the Governments 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 endeavour, in the most sincere and earnest manner, to settle 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 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 hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. ARTICLE XXII OOOOOIf
(which is not to be expected, and which God forbid) war should
unhappily break out between the two republics, they do now, with a
view to such calamity, solemnly pledge themselves to each other and to
the world to observe the following rules; absolutely where the nature
of the subject permits, and as closely as possible in all cases where
such absolute observance shall be impossible: ARTICLE XXIII OOOOOThis treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic, with the previous approbation of its general Congress; and the ratifications shall 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 respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and have hereunto affixed our seals respectively. OOOOODone
in quintuplicate, at the city of Guadalupe Hidalgo, on the second day
of February, in the year of our Lord one thousand eight hundred and
forty-eight. |
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