| February
2, 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….
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 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 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.…
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 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 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 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 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.
Source: Treaties and Conventions between
the United States of America and Other Powers Since July 4,
1776 (Washington, DC : Government Printing Office 1871).
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