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 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.
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 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.
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 exactedall 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 favour 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 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
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
Source:
Treaties and Conventions between the United
States of America
and Other Powers Since
July 4, 1776 Washington, DC :
Government Printing Office, 1971 |
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