Treaty of Guadalupe Hidalgo

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 ofthe war which unhappily exists between the two Republics and toestablish Upon a solid basis relations of peace and friendship,which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbors have for that purpose appointed their respective plenipotentiaries, that is to say: The President of the United States has appointed Nicholas P Trist, acitizen 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 theUnited 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~y 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, constitutionalorder may be reestablished, as regards the political,administrative, and judicial branches, so far as this shall bepermitted 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 portsand requiring the former (under the same condition) to commence,at the earliest moment practicable, withdrawing all troops of theUnited State then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distancefrom 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 it's power for rendering the sameconvenient to the troops, on their march and in their newpositions, and for promoting a good understanding between them andthe inhabitants. In like manner orders shall be despatched to the persons in charge of the custom houses at all ports occupied bythe 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 onimportations and on exportations, not yet fallen due. Moreover, afaithful and exact account shall be made out, showing the entireamount of all duties on imports and on exports, collected at suchcustom-houses, or elsewhere in Mexico, by authority of the UnitedStates, from and after the day of ratification of this treaty bythe Government of the Mexican Republic; and also an account of thecost 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 thetroops of the United States, in virtue of the above stipulation,shall be completed in one month after the orders there stipulatedfor shall have been received by the commander of said troops, orsooner if possible.

ARTICLE IV

Immediately after the exchange of ratifications of the presenttreaty all castles, forts, territories, places, and possessions,which have been taken or occupied by the forces of the UnitedStates during the present war, within the limits of the MexicanRepublic, as about to be established by the following article,shall be definitely restored to the said Republic, together withall the artillery, arms, apparatus of war, munitions, and otherpublic property, which were in the said castles and forts whencaptured, and which shall remain there at the time when thistreaty shall be duly ratified by the Government of the MexicanRepublic. To this end, immediately upon the signature of thistreaty, orders shall be despatched to the American officerscommanding such castles and forts, securing against the removal ordestruction of any such artillery, arms, apparatus of war,munitions, or other public property. The city of Mexico, withinthe inner line of intrenchments surrounding the said city, iscomprehended in the above stipulation, as regards the restorationof artillery, apparatus of war, & c.

The final evacuation of the territory of the Mexican Republic, bythe forces of the United States, shall be completed in threemonths -from the said exchange of ratifications, or sooner ifpossible; the Mexican Government hereby engaging, as in theforegoing article to use all means in its power for facilitatingsuch evacuation, and rendering it convenient to the troops, andfor promoting a good understanding between them and theinhabitants.

If, however, the ratification of this treaty by both partiesshould not take place in time to allow the embarcation of thetroops of the United States to be completed before thecommencement of the sickly season, at the Mexican ports on theGulf of Mexico, in such case a friendly arrangement shall beentered into between the General-in-Chief of the said troops andthe Mexican Government, whereby healthy and otherwise suitableplaces, at a distance from the ports not exceeding thirty leagues,shall be designated for the residence of such troops as may notyet have embarked, until the return 1i of the healthy season. Andthe space of time here referred to as, comprehending the sicklyseason shall be understood to extend from the first day of May tothe 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 ofratifications of this treaty. It is also agreed that if anyMexicans should now be held as captives by any savage tribe withinthe limits of the United States, as about to be established by thefollowing article, the Government of the said United States willexact the release of such captives and cause them to be restoredto their country.

ARTICLE V

The boundary line between the two Republics shall commence in theGulf of Mexico, three leagues from land, opposite the mouth of theRio Grande, otherwise called Rio Bravo del Norte, or Opposite themouth of its deepest branch, if it should have more than onebranch emptying directly into the sea; from thence up the middleof that river, following the deepest channel, where it has morethan one, to the point where it strikes the southern boundary ofNew Mexico; thence, westwardly, along the whole southern boundaryof New Mexico (which runs north of the town called Paso) to itswestern termination; thence, northward, along the western line ofNew Mexico, until it intersects the first branch of the riverGila; (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 ofthe said branch and of the said river, until it empties into theRio 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 the article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts ofthe Congress of said republic, and constructed according to thebest 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 undersignedPlenipotentiaries,. And, in order to preclude all difficulty intracing upon the ground the limit separating Upper from LowerCalifornia, it is agreed that the said limit shall consist of astraight line drawn from the middle of the Rio Gila, where itunites with the Colorado, to a point on the coast of the PacificOcean, distant one marine league due south of the southernmostpoint of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-masterof the Spanish fleet, and published at Madrid in the year 1802, inthe atlas to the voyage of the schooners Sutil and Mexicana; ofwhich plan a copy is hereunto added, signed and sealed by therespective Plenipotentiaries.

In order to designate the boundary line with due precision, uponauthoritative maps, and to establish upon the ground land-markswhich shall show the limits of both republics, as described in thepresent article, the two Governments shall each appoint acommissioner and a surveyor, who, before the expiration of oneyear from the date of the exchange of ratifications of thistreaty, shall meet at the port of San Diego, and proceed to runand mark the said boundary in its whole course to the mouth of theRio Bravo del Norte. They shall keep journals and make out plansof their operations; and the result agreed upon by them shall bedeemed a part of this treaty, and shall have the same force as ifit were inserted therein. The two Governments will amicably agreeregarding what may be necessary to these persons, and also as totheir respective escorts, should such be necessary.

The boundary line established by this article shall be religiouslyrespected by each of the two republics, and no change shall everbe made therein, except by the express and free consent of bothnations, lawfully given by the General Government of each, inconformity 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, toand from their possessions situated north of the boundary linedefined in the preceding article; it being understood that thispassage is to be by navigating the Gulf of California and theriver Colorado, and not by land, without the express consent ofthe Mexican Government.

If, by the examinations which may be made, it should beascertained to be practicable and advantageous to construct aroad, canal, or railway, which should in whole or in part run uponthe river Gila, or upon its right or its left bank, within thespace of one marine league from either margin of the river, theGovernments of both republics will form an agreement regarding itsconstruction, in order that it may serve equally for the use andadvantage of both countries.

ARTICLE VII

The river Gila, and the part of the Rio Bravo del Norte lyingbelow the southern boundary of New Mexico, being, agreeably to thefifth article, divided in the middle between the two republics,the navigation of the Gila and of the Bravo below said boundaryshall be free and common to the vessels and citizens of bothcountries; and neither shall, without the consent of the other,construct any work that may impede or interrupt, in whole or inpart, the exercise of this right; not even for the purpose offavoring new methods of navigation. Nor shall any tax orcontribution, under any denomination or title, be levied uponvessels or persons navigating the same or upon merchandise oreffects transported thereon, except in the case of landing uponone of their shores. If, for the purpose of making the said riversnavigable, or for maintaining them in such state, it should benecessary 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 impairthe territorial rights of either republic within its established limits.

ARTICLE VIII

Mexicans now established in territories previously belonging toMexico, and which remain for the future within the limits of theUnited States, as defined by the present treaty, shall be free tocontinue where they now reside, or to remove at any time to theMexican Republic, retaining the property which they possess in thesaid territories, or disposing thereof, and removing the proceedswherever they please, without their being subjected, on thisaccount, to any contribution, tax, or charge whatever.

Those who shall prefer to remain in the said territories mayeither retain the title and rights of Mexican citizens, or acquirethose of citizens of the United States. But they shall be underthe obligation to make their election within one year from thedate of the exchange of ratifications of this treaty; and thosewho shall remain in the said territories after the expiration ofthat year, without having declared their intention to retain thecharacter of Mexicans, shall be considered to have elected tobecome citizens of the United States.

In the said territories, property of every kind, now belonging toMexicans not established there, shall be inviolably respected. Thepresent owners, the heirs of these, and all Mexicans who mayhereafter acquire said property by contract, shall enjoy withrespect 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 preservethe 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 admittedat the proper time (to be judged of by the Congress of the UnitedStates) to the enjoyment of all the rights of citizens of theUnited 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 thefree exercise of their religion without; restriction.

ARTICLE X

[Stricken out by the United States Amendments]

Article XI

Considering that a great part of the territories, which, by thepresent treaty, are to be comprehended for the future within thelimits of the United States, is now occupied by savage tribes, whowill hereafter be under the exclusive control of the Government ofthe United States, and whose incursions within the territory ofMexico would be prejudicial in the extreme, it is solemnly agreedthat all such incursions shall be forcibly restrained by theGovernment of the United States whensoever this may be necessary;and that when they cannot be prevented, they shall be punished bythe said Government, and satisfaction for the same shall beexactedQall in the same way, and with equal diligence and energy,as if the same incursions were meditated or committed within itsown territory, against its own citizens.

It shall not be lawful, under any pretext whatever, for anyinhabitant of the United States to purchase or acquire anyMexican, or any foreigner residing in Mexico, who may have beencaptured by Indians inhabiting the territory of either of the tworepublics; nor to purchase or acquire horses, mules, cattle, orproperty of any kind, stolen within Mexican territory by suchIndians.

And in the event of any person or persons, captured within Mexicanterritory by Indians, being carried into the territory of theunited States, the Government of the latter engages and bindsitself, in the most solemn manner, so soon as it shall know ofsuch captives being within its territory, and shall be able so todo, through the faithful exercise of its influence and power, torescue them and return them to their country. or deliver them tothe agent or representative of the Mexican Government. The Mexicanauthorities will, as far as practicable, give to the Government ofthe United States notice of such captures; and its agents shallpay the expenses incurred in the maintenance and transmission ofthe rescued captives; who, in the mean time, shall be treated withthe utmost hospitality by the American authorities at the placewhere they may be. But if the Government of the United States,before receiving such notice from Mexico, should obtainintelligence, through any other channel, of the existence ofMexican captives within its territory, it will proceed forthwithto effect their release and delivery to the Mexican agent, asabove stipulated.

For the purpose of giving to these stipulations the fullestpossible efficacy, thereby affording the security and redressdemanded by their true spirit and intent, the Government of theUnited States will now and hereafter pass, without unnecessarydelay, and always vigilantly enforce, such laws as the nature ofthe subject may require. And, finally, the sacredness of thisobligation shall never be lost sight of by the said Government,when providing for the removal of the Indians from any portion ofthe said territories, or for its being settled by citizens of theUnited States; but, on the contrary, special care shall then betaken not to place its Indian occupants under the necessity ofseeking new homes, by committing those invasions which the UnitedStates have solemnly obliged themselves to restrain.

ARTICLE XII

In consideration of the extension acquired by the boundaries ofthe United States, as defined in the fifth article of the presenttreaty, the Government of the United States engages to pay to thatof the Mexican Republic the sum of fifteen millions of dollars.

Immediately after the treaty shall have been duly ratified by theGovernment of the Mexican Republic, the sum of three millions ofdollars shall be paid to the said Government by that of the UnitedStates, at the city of Mexico, in the gold or silver coin ofMexico The remaining twelve millions of dollars shall be paid atthe same place, and in the same coin, in annual installments ofthree millions of dollars each, together with interest on the sameat the rate of six per centum per annum. This interest shall beginto run upon the whole sum of twelve millions from the day of theratification of the present treaty by--the Mexican Government, andthe first of the installments shall be paid-at the expiration ofone year from the same day. Together with each annual installment,as it falls due, the whole interest accruing on such installmentfrom the beginning shall also be paid.

ARTICLE XIII

The United States engage, moreover, to assume and pay to theclaimants all the amounts now due them, and those hereafter tobecome due, by reason of the claims already liquidated and decidedagainst the Mexican Republic, under the conventions between thetwo republics severally concluded on the eleventh day of April,eighteen hundred and thirty-nine, and on the thirtieth day ofJanuary, eighteen hundred and forty-three; so that the MexicanRepublic shall be absolutely exempt, for the future, from allexpense whatever on account of the said claims.

ARTICLE XIV

The United States do furthermore discharge the Mexican Republicfrom all claims of citizens of the United States, not heretoforedecided against the Mexican Government, which may have arisenpreviously to the date of the signature of this treaty; whichdischarge shall be final and perpetual, whether the said claims berejected or be allowed by the board of commissioners provided forin the following article, and whatever shall be the total amountof those allowed.

ARTICLE XV

The United States, exonerating Mexico from all demands on accountof the claims of their citizens mentioned in the precedingarticle, and considering them entirely and forever canceled,whatever their amount may be, undertake to make satisfaction forthe same, to an amount not exceeding three and one-quartermillions of dollars. To ascertain the validity and amount of thoseclaims, a . board of commissioners shall be established by theGovernment of the United States, whose awards shall be final andconclusive; provided that, in deciding upon the validity of eachclaim, the boa shall be guided and governed by the principles andrules of decision prescribed by the first and fifth articles ofthe unratified convention, concluded at the city of Mexico on thetwentieth day of November, one thousand eight hundred andforty-three; and in no case shall an award be made in favour ofany claim not embraced by these principles and rules.

If, in the opinion of the said board of commissioners or of theclaimants, any books, records, or documents, in the possession orpower of the Government of the Mexican Republic, shall be deemednecessary to the just decision of any claim, the commissioners, orthe claimants through them, shall, within such period as Congressmay designate, make an application in writing for the same,addressed to the Mexican Minister of Foreign Affairs, to betransmitted by the Secretary of State of the United States; andthe Mexican Government engages, at the earliest possible momentafter the receipt of such demand, to cause any of the books,records, or documents so specified, which shall be in theirpossession or power (or authenticated copies or extracts of thesame), to be transmitted to the said Secretary of State, who shallimmediately deliver them over to the said board of commissioners;provided that no such application shall be made by or at theinstance of any claimant, until the facts which it is expected toprove by such books, records, or documents, shall have been statedunder oath or affirmation.

ARTICLE XVI

Each of the contracting parties reserves to itself the entireright to fortify whatever point within its territory it may judgeproper so to fortify for its security.

ARTICLE XVII

The treaty of amity, commerce, and navigation, concluded at thecity of Mexico, on the fifth day of April, A. D. 1831, between theUnited States of America and the United Mexican States, except theadditional article, and except so far as the stipulations of thesaid treaty may be incompatible with any stipulation contained inthe present treaty, is hereby revived for the period of eightyears from the day of the exchange of ratifications of thistreaty, with the same force and virtue as if incorporated therein;it being understood that each of the contracting parties reservesto itself the right, at any time after the said period of eightyears shall have expired, to terminate the same by giving oneyear'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 thefinal evacuation thereof, although subsequently to the restorationo~ the custom-houses at such ports, shall be entirely exempt fromduties and charges of any kind; the Government of the UnitedStates hereby engaging and pledging its faith to establish andvigilantly to enforce, all possible guards for securing therevenue of Mexico, by preventing the importation, under cover ofthis stipulation, of any articles other than such, both in kindand in quantity, as shall really be wanted for the use andconsumption of the forces of the United States during the timethey may remain in Mexico. To this end it shall be the duty of allofficers and agents of the United States to denounce to theMexican authorities at the respective ports any attempts at afraudulent abuse of this stipulation, which they may know of, ormay have reason to suspect, and to give to such authorities allthe aid in their power with regard thereto; and every suchattempt, when duly proved and established by sentence of acompetent tribunal, They shall be punished by the confiscation ofthe 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 theforces of the United States, whether by citizens of eitherrepublic, or by citizens or subjects of any neutral nation, thefollowing rules shall be observed:

(1) All such merchandise, effects, and property, if importedpreviously to the restoration of the custom-houses to the Mexicanauthorities, as stipulated for in the third article of thistreaty, shall be exempt from confiscation, although theimportation of the same be prohibited by the Mexican tariff.

(2) The same perfect exemption shall be enjoyed by all suchmerchandise, effects, and property, imported subsequently to therestoration of the custom-houses, and previously to the sixty daysfixed in the following article for the coming into force of theMexican tariff at such ports respectively; the said merchandise,effects, and property being, however, at the time of theirimportation, subject to the payment of duties, as provided for inthe said following article.

(3) All merchandise, effects, and property described in the tworules foregoing shall, during their continuance at the place ofimportation, and upon their leaving such place for the interior,be exempt from all duty, tax, or imposts of every kind, underwhatsoever title or denomination. Nor shall they be there subjectto any charge whatsoever upon the sale thereof. (4) Allmerchandise, effects, and property, described in the first andsecond rules, which shall have been removed to any place in theinterior, whilst such place was in the occupation of the forces ofthe United States, shall, during their continuance therein, beexempt from all tax upon the sale or consumption thereof, and fromevery kind of impost or contribution, under whatsoever title ordenomination.

(5) But if any merchandise, effects, or property, described in thefirst and second rules, shall be removed to any place not occupiedat the time by the forces of the United States, they shall, upontheir introduction into such place, or upon their sale orconsumption there, be subject to the same duties which, under theMexican laws, they would be required to pay in such cases if theyhad been imported in time of peace, through the maritimecustom-houses, and had there paid the duties conformably with theMexican tariff.

(6) The owners of all merchandise, effects, or property, describedin 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 anyMexican port whilst in the occupation of the forces of the UnitedStates, and previously to the restoration of the custom-house atsuch port, no person shall be required by the Mexican authorities,whether general or state, to pay any tax, duty, or contributionupon any such exportation, or in any manner to account for thesame to the said authorities.

ARTICLE XX

Through consideration for the interests of commerce generally, itis agreed, that if less than sixty days should elapse between thedate of the signature of this treaty and the restoration of thecustom houses, conformably with the stipulation in the thirdarticle, in such case all merchandise, effects and propertywhatsoever, arriving at the Mexican ports after the restoration ofthe said custom-houses, and previously to the expiration of sixtydays after the day of signature of this treaty, shall be admittedto entry; and no other duties shall be levied thereon than theduties established by the tariff found in force at suchcustom-houses at the time of the restoration of the same. And toall such merchandise, effects, and property, the rules establishedby the preceding article shall apply.

ARTICLE XXI

If unhappily any disagreement should hereafter arise between theGovernments of the two republics, whether with respect to theinterpretation of any stipulation in this treaty, or with respectto any other particular concerning the political or commercialrelations of the two nations, the said Governments, in the name ofthose nations, do promise to each other that they will endeavour,in the most sincere and earnest manner, to settle the differencesso arising, and to preserve the state of peace and friendship inwhich the two countries are now placing themselves, using, forthis end, mutual representations and pacific negotiations. And if,by these means, they should not be enabled to come to anagreement, a resort shall not, on this account, be had toreprisals, aggression, or hostility of any kind, by the onerepublic against the other, until the Government of that whichdeems itself aggrieved shall have maturely considered, in thespirit of peace and good neighbourship, whether it would not bebetter that such difference should be settled by the arbitrationof commissioners appointed on each side, or by that of a friendlynation. And should such course be proposed by either party, itshall be acceded to by the other, unless deemed by it altogetherincompatible with the nature of the difference, or thecircumstances of the case.

ARTICLE XXII

If (which is not to be expected, and which God forbid) war shouldunhappily break out between the two republics, they do now, with aview to such calamity, solemnly pledge themselves to each otherand to the world to observe the following rules; absolutely wherethe nature of the subject permits, and as closely as possible inall cases where such absolute observance shall be impossible:(1) The merchants of either republic then residing in the othershall be allowed to remain twelve months (for those dwelling inthe interior), and six months (for those dwelling at the seaports)to collect their debts and settle their affairs; during whichperiods they shall enjoy the same protection, and be on the samefooting, in all respects, as the citizens or subjects of the mostfriendly nations; and, at the expiration thereof, or at any timebefore, they shall have full liberty to depart, carrying off alltheir effects without molestation or hindrance, conforming thereinto the same laws which the citizens or subjects of the mostfriendly nations are required to conform to. Upon the entrance ofthe 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, andfishermen, unarmed and inhabiting unfortified towns, villages, orplaces, and in general all persons whose occupations are for thecommon subsistence and benefit of mankind, shall be allowed tocontinue their respective employments, unmolested in theirpersons. Nor shall their houses or goods be burnt or otherwisedestroyed, nor their cattle taken, nor their fields wasted, by thearmed force into whose power, by the events of war, they mayhappen to fall; but if the necessity arise to take anything fromthem for the use of such armed force, the same shall be paid forat an equitable price. All churches, hospitals, schools, colleges,libraries, and other establishments for charitable and beneficentpurposes, shall be respected, and all persons connected with thesame protected in the discharge of their duties, and the pursuitof their vocations.

(2) . -In order that the fate of prisoners of war may bealleviated all such practices as those of sending them intodistant, inclement or unwholesome districts, or crowding them intoclose and noxious places, shall be studiously avoided. They shallnot be confined in dungeons, prison ships, or prisons; nor be putin irons, or bound or otherwise restrained in the use of theirlimbs. The officers shall enjoy liberty on their paroles, withinconvenient districts, and have comfortable quarters; and thecommon soldiers shall be dispose( in cantonments, open andextensive enough for air and exercise and lodged in barracks asroomy and good as are provided by the party in whose power theyare for its own troops. But if any office shall break his paroleby leaving the district so assigned him, o any other prisonershall escape from the limits of his cantonment after they shallhave been designated to him, such individual, officer, or otherprisoner, shall forfeit so much of the benefit of this article asprovides for his liberty on parole or in cantonment. And if anyofficer so breaking his parole or any common soldier so escapingfrom the limits assigned him, shall afterwards be found in armspreviously to his being regularly exchanged, the person sooffending shall be dealt with according to the established laws ofwar. The officers shall be daily furnished, by the party in whosepower they are, with as many rations, and of the same articles, asare allowed either in kind or by commutation, to officers of equalrank in its own army; and all others shall be daily furnished withsuch 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, orat periods to be agreed upon between the respective commanders, bepaid by the other party, on a mutual adjustment of accounts forthe subsistence of prisoners; and such accounts shall not bemingled with or set off against any others, nor the balance due onthem withheld, as a compensation or reprisal for any causewhatever, real or pretended Each party shall be allowed to keep acommissary of prisoners, appointed by itself, with everycantonment of prisoners, in possession of the other; whichcommissary shall see the prisoners as often a he pleases; shall beallowed to receive, exempt from all duties a taxes, and todistribute, whatever comforts may be sent to them by theirfriends; and shall be free to transmit his reports in open lettersto the party by whom he is employed.

And it is declared that neither the pretense that war dissolvesall treaties, nor any other whatever, shall be considered asannulling or suspending the solemn covenant contained in thisarticle. On the contrary, the state of war is precisely that forwhich it is provided; and, during which, its stipulations are tobe as sacredly observed as the most acknowledged obligations underthe law of nature or nations.

ARTICLE XXIII

This treaty shall be ratified by the President of the UnitedStates of America, by and with the advice and consent of theSenate thereof; and by the President of the Mexican Republic, withthe previous approbation of its general Congress; and theratifications shall be exchanged in the City of Washington, or atthe seat of Government of Mexico, in four months from the date ofthe signature hereof, or sooner if practicable.

In faith whereof we, the respective Plenipotentiaries, have signedthis treaty of peace, friendship, limits, and settlement, and havehereunto affixed our seals respectively. Done in quintuplicate, atthe city of Guadalupe Hidalgo, on the second day of February, inthe year of our Lord one thousand eight hundred and forty-eight.

N. P. TRISTLUIS P. CUEVASBERNARDO COUTOMIGL. ATRISTAIN

Source: Grolier's New Electronic Encyclopedia, 1991.