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the treaty of Guadalupe Hidalgo and substituting the IIId article of the treaty of Louisiana, did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the iuhabit ants of the territories ceded by Mexico. Its understanding is that all of that agreement is contained in the 3d article of the treaty of Louisiana. In consequence all the privileges and guarantees, civil, political, and religious, which would have been possessed by the inhabitants of the ceded territories, if the IXth article of the treaty had been retained, will be enjoyed by them, without any difference, under the article which has been substituted.
lid. The American Government by suppressing the Xth article of the treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded tenitories. These grants, notwithstanding the suppression of the article of the treaty, preserve the legal value which they may possess, and the grantees may cause their legitimate [titles] to be acknowledged before the American tribunals.
Conformably to the law of the United States, legitimate titles to evendescription of property, personal and real, existing in the ceded territo ries are those which were legitimate titles under the Mexican law in California and New Mexico up to the 13th of May, 1846, and in Texas up to the 2d March, 1836.
3d. The Government of the United States, by suppressing the concluding paragraph of article XHth of the treaty, did not intend to deprive the Mexican Republic of the free and unrestrained faculty of ceding, conveying, or transferring at any time (as it may judge best) the sum of the twelve millions of dollars which the same Government of theU. States is to deliver iu the plaees designated by the amended artiele.
And these explanations having been accepted by the Minister of For eign Affairs of the Mexican Republic, he declared, in name of his Gov ernment, that with the understanding conveyed by them the same Government would proceed to ratify the treaty of Guadalupe, as modified by the Senate and Government of the U. States. In testimony of which, their Excellencies, the aforesaid Commissioners and the Minister have signed and sealed, in quintuplicate, the present protocol.
A. H. SEVIER.
ARTICLES REFERRED TO IN THE FIFTEENTH ARTICLE OF THE PRECEDING TREATY.
First and fifth articles of the unratified convention between the United Stahi and tlie Mexican Republic of the 20th November, 1843.
All claims of citizens of the Mexican Republic against the Govern ment of the United States which shall be presented in the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Republic, which, for what §ver cause, were not submitted to, nor considered, nor Anally decided by, the commission, nor by the arbiter appointed by the convention o1839, and which shall be presented iu the manner and time hereinafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say:
Two commissioners shall bo appointed by the President of the Mexican Republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two republics.
All claims of citizens of the United States against the Government of the Mexican Republic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this convention, on the points submitted to the umpire under the late convention, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claims.
TREATY WITH MEXICO. CONCLUDED DECEMBER. 30, 1853; RATIFICATIONS EXCHANGED JUNE 30, 1854; PROCLAIMED JUNE 30, 1854.
In the name of Almighty God.
The Republic of Mexico and the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respect to the true limits which should be established, when, notwithstanding what was covenanted in the treaty of Guadalupe Hidalgo in the year 1848, opposite interpretations have been urged, which might give occasion to questions of serious moment: To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United State's has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotentiary of the same near the Mexican Government, and the President of Mexico has appointed as Plenipotentiary "ad hoc" his excellency Don Manuel Diez de Bonilla, g . t^ cavalier grand cross of the national and distinguished order '"°"*t'TMof Guadalupe, and Secretary of State and of the office of Foreign Relations, and Don Jose" Salazar Ylarregui and General Mariano Monterde, as scientific commissioners, invested with full powers for this negotiation; who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles lollowing:
The Mexican Republic agrees to designate the following as her true limits with the United States for the future: Retaining the Bimiu^betw«n same dividing line between the two Californias as already defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' north latitude; thence along the said parallel of 31° 20' to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles helow the junction of the Gila and Colorado Rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico.
For the performance of this portion of the treaty, each of the two Lioe. to b- .ur- Governments shall nominate one commissioner, to the end TWdand TMrkeA that, by common consent, the two thus nominated, having met in the city of Paso del Norte, three months after the exchange ot the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commission, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it it necessary, the contracting parties shall be at liberty each to unite to its respective commissioner scientific or other assistants, such as astronomers and surveyors, whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two republics; that line shall be alone established upon which the commissioners may fix, their consent in this particular being considered decisive and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the parties contracting.
The dividing line thus established shall, in all time, be faithfully respected by the two Governments, without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations, and in accordance with the constitution of each country, respectively.
In consequence, the stipulation in the 5th article of the treaty of Guadalupe upou the boundary line therein described is no longer of any force, wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same.
The Government of Mexico hereby releases the United States from all Imtm*, or the liability ou account of the obligations contained in the xi^rX ^»t*"v eleventh article of the treaty of Guadalupe Hidalgo; and Gu'.d.i.p. HidaKo. tne saj,j articie and the thirty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831, are hereby abrogated.
In consideration of the foregoing stipulations, the Government of the McxiTM w bop»id United States agrees to pay to the Government of Mexico, M»«uHo0dou.n, in tlie city of 2?ew York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining three millions as soon as the boundary line shall be surveyed, marked, and established.
The provisions of the 6th and 7th articles of the treaty of Guadalupe Hidalgo having been rendered nugatory for the most part Aru,ir»vi»i.dvn by the cession of territory granted in the first article of this liSj..'"?,'^,"^: treaty, the said articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor. The vessels and citizens of the United States shall, in all time, have free and uninterrupted passage, through the Gulf of Gali- ihr..',Ih the'olli'o' foruia, to and from their possessions situated north of the boundary line of the two countries. It being understood that this passage is to be by navigating the Gulf of California and the river Colorado, ami not by land, without the express consent of the Mexican Government; and precisely the same provisions, stipulations, and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously observed and enforced, by the two contracting Governments, in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty.
The several provisions, stipulations, and restrictions contained in the 7th article of the treaty of Guadalupe Hidalgo shall remain a i
in force only so far as regards the Kio Bravo del Norte, or Imm Li.below the initial of the said boundary provided in the first Pti«!wu.ottmvo article of this treaty; that is to say, below the intersection * 'wu of the 31° 47' 30" parallel of latitude, with the boundary line established by the late treaty dividing said river from its mouth upwards, according to the 5th article of the treaty of Guadalupe.
All the provisions of the eighth and ninth, sixteenth aud seventeenth articles of the treaty of Guadalupe Hidalgo, shall apply to Artic,c, Vm, ix. the territory ceded by the Mexican Republic in the first ar- ..?niLf.
tide of the present treaty, aud to all the rights of persons [,'Jf ""^leoJL'', ami property, both civil and ecclesiastical, within the same, h"tb'ce<fcdas f ully aud as effectually as if the said articles were herein again recited and set forth.
No grants of land within the territory ceded by the first article of this treaty bearing, date subsequent to the day—twenty-fifth of 0r.nuori.n<i bT September—when the Minister and subscriber to this treaty rf^fZi on the. part of the United States proposed to the Government to >» """^ of Mexico to terminate the question of boundary, will be considered valid or be recognized by the United States, or will any grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the archives of Mexico.
Should there at any future period (which God forbid) occur any disagreement between the two nations which might lead to a ProTi,ioa in ^ rupture of their relations and reciprocal peace, they bind b«wTM»!urt;r."!£ themselvesin like manner to procure by every possible method t"",*■ the adjustment of every difference; and should they still in this manner not succeed, never will they proceed to a declaration of war without having previously paid attention to what has been set forth in article 21 of the treaty of Guadulupe for similar cases; which article, as well as the 22d, is here re affirmed.
The Mexican Government having on the 5th of February, 1853, anthorp„„,i0„„.PTC, ized the early construction of a plank and rail road across 1TM iwhmus orT»hu* the Isthmus of Tehuantepec, and, to secure the stable benefits .mepec. 0f gjjjjj transit way to the persons and merchandize of the
citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle to the transit of persons and merchandize of both nations; and at no time"shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government.
The United States, by its agents, shall have the right to transport . of across the isthmus, in closed bags, the mails of the United
mails and property
States not intended for distribution along the line of com.cn>»thei.thm»1. muriication; also the effects of the United States Government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the isthmus and not remaining iu the country.
When the construction of the railroad shall be completed, the Mexican portofemr,tobe Government agrees to open a port of entry in addition to the opeoid. p0rt 0f Vera Cruz, at or near the terminus of said road on
the Gulf of Mexico. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which irooTM"nd'moli'il'ion» that Government may have occasion to send from one part of its territory to another, lying on opposite sides of the
The Mexican Government having agreed to protect with its whole united swe. m»y power the prosecution, preservation, and security of the protect th. ro.i ^orkj the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or international law.
This treaty shall be ratified, and the respective ratifications shall he exchanged at the city of Washington within the exact period n""''""" of six months from the date of its signature, or sooner if possible.
In testimony whereof we, the Plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hundred and fifty-three, in the thirty-third year of the Independence of the Mexican Republic, and the seventy-eighth of that of the United States.