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 neighbours, 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
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 embarkation 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 this 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 tlx 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 instalments shall be paid at the expiration of one year from the
same day. Together with each annual instalment, as it falls due, the whole
interest accruing on such instalment 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 cancelled, 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 board 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, 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 disagreements 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 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, prisonships, 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 disposed 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 officer shall break
his parole by leaving the district so assigned him, or any other prisoner
shall escape from the limits of his cantonment, after they shall have been
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 as he pleases; shall
be allowed to receive, exempt from all duties or 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 pretence 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 [L. S.]
Luis P. Cuevas [L. S.]
Bernado Couto [L. S.]
Migl. Atristain [L. S.]