|
Guadalupe Hidalgo Treaty 1848 -
Transcript
It follows the full text
transcript of the Treaty of Guadalupe Hidalgo.
TREATY OF PEACE, FRIENDSHIP, LIMITS, AND
SETTLEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED
MEXICAN STATES CONCLUDED AT GUADALUPE HIDALGO, FEBRUARY 2, 1848;
RATIFICATION ADVISED BY SENATE, WITH
AMENDMENTS, MARCH 10, 1848;
RATIFIED BY PRESIDENT, MARCH 16, 1848;
RATIFICATIONS EXCHANGED AT QUERETARO,
MAY 30, 1848;
PROCLAIMED, JULY 4, 1848.
IN THE NAME OF ALMIGHTY GOD
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 respective plenipotentiaries, that is to
say: The President of the United States has appointed Nicholas P.
Trist, a citizen of the United States, and the President 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 reciprocal communication of their respective full powers,
have, under the protection of Almighty God, the author of peace,
arranged, agreed upon, and signed the following: Treaty of Peace,
Friendship, Limits, and Settlement between the United States of
America and the Mexican Republic.
ARTICLE I
There 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
Immediately 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
Immediately 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 dispatched 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.
The evacuation of the capital of the Mexican Republic by the troops
of the United States, in virtue of the above stipulation, 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.
ARTICLE IV
Immediately 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
dispatched 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 entrenchments
surrounding the said city, is comprehended in the above stipulation,
as regards the restoration of artillery, apparatus of war, & c.
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 engaging, 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
United States to be completed before the commencement of the sickly
season, at the Mexican ports on the Gulf of Mexico, in such case a
friendly arrangement shall be entered into between 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 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, 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 practicable 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.
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 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.
The southern and western limits of New Mexico, mentioned in the
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 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 tracing 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 Pacific 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
sailing-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 Plenipotentiaries.
In order to designate 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 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.
ARTICLE VI
The 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.
If, by the examinations which may be made, it should be ascertained
to be practicable and advantageous 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 Governments 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.
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 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.
The stipulations contained in the present article shall not impair
the territorial rights of either 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 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 ratifications 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 considered 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
present owners, the heirs of these, and all Mexicans who may
hereafter acquire said property by contract, shall enjoy with
respect to it guarantees equally ample as if the same belonged to
citizens of the United States.
ARTICLE IX
The 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
[Stricken out]
Article XI
Considering that a great part of the territories, which, by the
present treaty, are to be comprehended for the future within the
limits of the United States, is now occupied by savage tribes, who
will hereafter be under the 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.
It shall not be lawful, under any pretext whatever, for any
inhabitant of the United States to purchase or acquire any Mexican,
or any foreigner residing in Mexico, who may have been captured by
Indians inhabiting the territory of either of the two republics; nor
to purchase or acquire horses, mules, cattle, or property of any
kind, stolen within Mexican territory 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 authorities
will, as far as practicable, give to the Government of the United
States notice of such captures; and its agents shall pay the
expenses incurred in the maintenance and transmission of the rescued
captives; who, in the mean time, shall be treated with the utmost
hospitality by the American authorities at the place where they may
be. But if the Government of the United States, before receiving
such notice from Mexico, should obtain intelligence, through any
other channel, of the existence of Mexican captives within its
territory, it will proceed forthwith to effect their release and
delivery to the Mexican agent, as above stipulated.
For the purpose of giving to these stipulations the fullest possible
efficacy, thereby affording the security and redress demanded by
their true spirit and intent, the Government of the United States
will now and hereafter pass, without unnecessary delay, and always
vigilantly enforce, such laws as the nature of the subject may
require. And, finally, the sacredness of this obligation shall never
be lost sight of by the said Government, when providing for the
removal of the Indians from any portion of the said territories, or
for its being settled by citizens of the United States; but, on the
contrary, special care shall then be taken not to place its Indian
occupants under the necessity of seeking new homes, by committing
those invasions which the United States have solemnly obliged
themselves to restrain.
ARTICLE XII
In consideration of the extension acquired by the boundaries of the
United States, as defined in the fifth article of the present
treaty, the Government of the United States engages to pay to that
of the Mexican Republic the sum of fifteen millions of dollars.
Immediately after the 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 installments of three
millions of dollars 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 the installments shall be paid-at the expiration of one
year from the same day. Together with each annual installment, as it
falls due, the whole interest accruing on such installment 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 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
The 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
The 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 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 decision of any claim, the commissioners, or
the claimants through them, shall, within such period as Congress
may designate, make an application in writing for the same,
addressed to the Mexican Minister of 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, 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 commissioners; 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, 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
All 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
With 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:
(1) All such merchandise, effects, 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 confiscation, although the importation of the
same be prohibited by the Mexican tariff.
(2) The same perfect exemption shall be
enjoyed by all such merchandise, 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 respectively; the said
merchandise, effects, and property being, however, at the time of
their importation, 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 leaving such
place for the interior, be exempt from all duty, tax, or imposts of
every kind, under whatsoever title or denomination. Nor shall they
be there subject 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 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 denomination.
(5) But if any merchandise, effects, or
property, 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
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
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-house 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 exportation, or in any manner to
account for the same to the said authorities.
ARTICLE XX
Through 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
If 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 endeavor, 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 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 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
If (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:
(1) The merchants of either republic then residing in the other
shall be allowed to remain twelve months (for those dwelling 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 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
required to conform to. Upon the entrance of the armies of either
nation into the territories of the other, women and children,
ecclesiastics, scholars of every faculty, cultivators of the earth,
merchants, artisans, manufacturers, and fishermen, unarmed and
inhabiting unfortified towns, villages, or places, and in general
all persons whose occupations are for the common subsistence and
benefit of mankind, shall be allowed to continue their respective
employments, unmolested 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 war, they may happen to fall; but if the necessity 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, colleges, libraries, and other establishments for
charitable and beneficent purposes, shall be respected, and all
persons connected 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 unwholesome 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 comfortable quarters; and the common
soldiers shall be dispose( in cantonments, open and extensive enough
for air and exercise and lodged in barracks as roomy and good as are
provided by the party in whose power they are for its own troops.
But if any office shall break his parole by leaving the district so
assigned him, o any other prisoner 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 article as provides for his liberty on parole or in
cantonment. And if any officer so breaking his parole or any common
soldier 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 established
laws of war. The officers shall be daily furnished, 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 commutation, 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 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 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 cantonment of prisoners, in possession of the other; which
commissary shall see the prisoners as often a he pleases; shall be
allowed to receive, exempt from all duties a taxes, and to
distribute, whatever comforts may be sent to them by their friends;
and shall be free to transmit his reports in open letters 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 sacredly observed as the most acknowledged
obligations under the law of nature or nations.
ARTICLE XXIII
This 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. Done 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.
N. P. TRIST
LUIS P. CUEVAS
BERNARDO COUTO
MIGL. ATRISTAIN
More History
|
|
