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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 •ioiM-ra to bo e»tnb
be final and conclusive; provided that, iu 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 Kepublic, shall be
and documents in the
deemed necessary to the just decision of any claim', the COm- Govnimentof M?nmissioners, or the claimants through them, shall, within <Z£SS^*& such period as Congress may designate, make au application fnim that Governin 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 alter 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.
Each of the contracting parties reserves to itself the entire K^^n,TM,,TM
right to fortify whatever point within its territory it may TM*'J"JS* judge proper so to fortify for its security.
Tbe 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, ^£J°^Ln except the additional article, and except so far as the stip- Mexico, with certmu ulations of the said treaty may be incompatible with any °*>MT" 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 re- „,„■wb,umii. serves to itself tbe right, at any time after the said period of Z^TM'TM',,TM', eight years shall: have expired, to terminate the same by giving one year's notice of such intention to the other party.
All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to SoppIi(„ th„ the final evacuation thereof, although subsequently to the ""Z\"'l^wi^ restoration of the custom-houses at such ports, shall be ft";TMr;,TM'',°" £ entirely exempt from duties and charges of any kind; the ",'",ru"'dul»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.
With respect to all merchandise, effects, and property whatsoever. b imported into ports of Mexico whilst in the occupation of .-rvij V,th\r,Ai' the forces of the United States, whether by citizens of either
to mere-hand j«f im- . ,. . . . . 4 . „ * •*
p.,r.,d imo Mn.r»n 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 Mmturth., to the restoration of the custom-houses to the Mexican au
iK«'TM,T„^,riii thorities, as stipulated for in the third article of this treaty, cu.u.n.-iiou«». ghall 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 merchanni. nm. .irmp. dise, effects, and property, imported subsequently to the
IiSS, "Li? restoration of the custom-houses, and previously to the sixty TtHHS^ \ll days fixed in the following article for the coming into force rurtom-houm 0f tlie 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 th« said following article.
3. All merchandise, effects, and property described in the two rule? Merchant, rf foregoing shall, during their continuance at the place 01
importation, and upon their leaving such place for the inSio'n°"i,r."inJ"'>!;rt terior, be exempt from all duty, tax, or impost of every kind. 't."',£'t"'ro,rZt>-; under whatsoever title or denomination. Nor shall theylx) *c there subjected to any charge whatsoever upon the sale
4. All merchandise, effects, and property, described in the first and „ w to second rules, which shall have been removed to any place
ro,n*"j\o IT;.-, /,',; in the interior whilst such place was in the occupation of the I hi'i'^MrflC forces of the United States, shall, during their continuance sm.-".''«i»%i°mpt therein, be exempt from all tax upon the sale or consnmp tion thereof, and from every kind of impost or contribution, under whatsoever title or denomination.
5. But if any merchandise, effects, or property, described iu the first
and second rules, shall be removed to any place not occu TMm".h«"a"''To pied at the time by the forces of the United States, they E/Vh*.iZr'r*"or,''„ shall, upon their introduction into such place, or upon their 1«".ubiw"u."f" sale or consumption there, be subject to the same duties S,'JC which, under the Mexican laws, they would be required t»>
pay in such cases if they had been imported in tiuiqrt peace, through the maritime custom houses, and had there paid 4* 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 j^f';;* t» port of Mexico, shall have the right to reship the same, >i"tb«,'S^tlL'"i exempt from ajl 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 cus- proi'A,' "xCnZ torn-house at such port, no person shall be required by the .Kt oSeHiy Mexican authorities, whether general or state, to pay any u»iteliTu.t". U" tax, duty, or contribution upon any such exportation, or in t.°n »r u.. .■„«„»,. any manner to account for the same to the said authorities.
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 J^^'X^o?. of the custom-houses, conformably with the stipulation in „«TM"'!otT" the third article, in such case all merchandise, effects, and forc* 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 hy 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.
If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the Inr,„for«i.wn!~ interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or M"L commercial relations of the two nations, the said Governments, in the mime 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 • ountries 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 tliis 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.
If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do „„,„. „ h. ob. now, with a view to such calamity, so'emuly pledge them- »"«■ selves to each other and to the world to observe the following rules; I
absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible: L The merchants of either republic then residing in the other shall be ordunutob-ai a'l°we(l to remain twelve months, (for those dwelling in the io«.'Hh^t'o°.«rie interior,) and six months, (for those dwelling at the seaports,) v'r% wiii'Tw '<£ 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 with out molestation or hindrance, conforming therein to the same laws ■which the citizens or subjects of the most friendly nations are required womn hiid *° conf°rm to. Upon the entrance of the armies of either ^.^S.f'"S; nation into the territories of the other, women and children, i» be uBmowied. ^cc]esiastjCSj scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and tishermeu( unarmed and inkabiting 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, mnuo
lested in their persons. Nor shall their houses or goods be
!>•■ rfsiwct'-d; and i(
burnt or otherwise destroyed, nor their cattle taken, nor "■c'«»;>.'y. to ".will 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 tat*, i»dm«l*, Sik., to 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 Itaeir duties, and the pursuit of their vocations. 2. In order that the fate of prisoners of war may be alleviated, all pn«mn.orw.r; such practices as those of sending them into distant, iuclemiboi, ireat^ou en^ 01. 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 euough 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 escapiugfrom 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 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 iu 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 T,,..
in this article. On the contrary, the state of war is pre- 52*
cisely 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.
This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate TrrM, „Mect ,„ thereof; and by the President of the Mexican Republic, with SS"£"V£'"'. the previous approbation of its general Congress; and the t„Z,i 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 s^^r^r, have hereunto affixed our seals respectively. Done in quia- 1Bt& tuplicate, at the city of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and fortyeight.
In the city of Queretaro, on the twenty-sixth of the month of May, eighteen hundred and forty-eight, at a conference between their excellencies Xathan Clifford and Ambrose H. Sevier, Commissioners of the U. S. of A., with full powers from their Government to make to the Mexican Republic suitable explanations in regard to the amendments which the Senate and Government of the said United States have 'made in the treaty of peace, friendship, limits, and definitive settlement between the two Republics, signed in Guadalupe Hidalgo, on the second day of February of the present year; and His Excellency Don Luis de la Rosa, Minister of Foreign Affairs of the Republic of Mexico; it was agreed, after adequate conversation, respecting the changes alluded to, to record in the present protocol the following explanation*, which their aforesaid excellencies the Commissioners gave in the name of their Government and in fulfillment of the commission conferred upon them near the Mexican Republic:
1st. The American Government by suppressing the IXth article of