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 Peoples 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 sea-ports, 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 it's 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 definitively 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 stipulations, as
regards the restoration of artillery, apparatus of war.
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 it's 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 it's 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 it's 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 landmarks 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 it's 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 it's 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 it's 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 it's right
or it's 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 it's 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,
guaranties 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 admitted as soon as possible, according to the
principles of the Federal Constitution, to the enjoyment of all the
rights of citizens of the United States. In the mean time, they shall be
maintained and protected in the enjoyment of their liberty, their
property, and the civil rights now vested in them according to the
Mexican laws. With respect to political rights, their condition shall be
on an equality with that of the inhabitants of the other territories of
the United States; and at least equally good as that of the inhabitants
of Louisiana and the Floridas, when these provinces, by transfer from the
French Republic and the Crown of Spain, became territories of the United
States.
The same most ample guaranty shall be enjoyed by all ecclesiastics and
religious corporations or communities, as well in the discharge of the
offices of their ministry, as in the enjoyment of their property of every
kind, whether individuals or corporate. This guaranty shall embrace all
temples, houses and edifices dedicated to the Roman Catholic worship; as
well as all property destined to it's support, or to that of schools,
hospitals and other foundations for charitable or beneficent purposes. No
property of this nature shall be considered as having become the property
of the American Government, or as subject to be, by it, disposed of or
diverted to other uses.
Finally, the relations and communication between the Catholics living in
the territories aforesaid, and their respective ecclesiastical
authorities, shall be open, free and exempt from all hindrance whatever,
even although such authorities should reside within the limits of the
Mexican Republic, as defined by this treaty; and this freedom shall
continue, so long as a new demarcation of ecclesiastical districts shall
not have been made, conformably with the laws of the Roman Catholic
Church.
Article X
Stricken out by the United States amendments
All grants of land made by the Mexican government or by the competent authorities, in territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid, to the same extent that the same grants would be valid, to the said territories had remained within the limits of Mexico. But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican Government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfill the said conditions within the periods limited in the same respectively; such periods to be now counted from the date of the exchange of ratifications of this Treaty: in default of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this Article.
The foregoing stipulation in regard to grantees of land in Texas, is extended to all grantees of land in the territories aforesaid, elsewhere than in Texas, put in possession under such grants; and, in default of the fulfillment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this treaty, the same shall be null and void.
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 engery, as
if the same incursions were meditated or committed within it's own
territory against it's 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 it's territory, and shall be able so to do, through the faithful
exercise of it's 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
it's agent 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
it's 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 it's being settled by citizens of
the United States; but on the contrary, special care shall then be taken
not to place it's 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 this 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 instalments 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 dicharge 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 described 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 for 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 it's territory, it may judge proper so to fortify, for it's 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 it's 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:
I. 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.
II. 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.
III. 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 impost of every kind, under whatsoever title or
denomination. Nor shall they be there subjected to any charge whatsoever
upon the sale thereof.
IV. 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.
V. 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.
VI. 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 the 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.
I. 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 sea-ports) 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 hinderance: 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.
II. 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 soldier 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
it's 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 it's own army;
and all others shall be daily furnished with such ration as is allowed to
a common soldier in it's 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 be 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 it's 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
it's 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 G. CUEVAS
BERNARDO COUTO
MIGL ATRISTAIN
Article IX was modified, and as said above, Article X was stricken (See: Protocol of Ouerétaro).
Sources
http://www.azteca.net/aztec/guadhida.html