Treaty of Guadalupe Hidalgo [February 2, 1848] - History

Treaty of Guadalupe Hidalgo [February 2, 1848] - History


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IN THE NAME OF ALMIGHTY GOD

The United States of America and the United Mexican States animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics and to establish Upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbors have for that purpose appointed their respective plenipotentiaries, that is to say: The President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; Who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following: Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic.

ARTICLE I There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons.

ARTICLE II Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be reestablished, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation.

ARTICLE III Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in its power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be despatched to the persons in charge of the custom houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty by the Government of the Mexican Republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications. The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner if possible.

ARTICLE IV Immediately after the exchange of ratifications of the present treaty all castles, forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitely restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the Government of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be despatched to the American officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, & c.

The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months from the said exchange of ratifications, or sooner if possible; the Mexican Government hereby engaging, as in the foregoing article to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

If, however, the ratification of this treaty by both parties should not take place in time to allow the embarcation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrangement shall be entered into between the General-in-Chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as, comprehending the sickly season shall be understood to extend from the first day of May to the first day of November. All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives and cause them to be restored to their country.

ARTICLE V The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or Opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same) ; thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in the article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities. Revised edition. Published at New York, in 1847, by J. Disturnell," of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective Plenipotentiaries.

In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground land-marks which shall show the limits of both republics, as described in the present article, the two Governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

The boundary line established by this article shall be religiously respected by each of the two republics, and no change shall ever be made therein, except by the express and free consent of both nations, lawfully given by the General Government of each, in conformity with its own constitution.

ARTICLE VI The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado below its confluence with the Gila, to and from their possessions situated north of the boundary line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican Government.

If, by the examinations which may be made, it should be ascertained to be practicable and advantageous to construct a road, canal, or railway, which should in whole or in part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the Governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.

ARTICLE VII The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any 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 its established limits.

ARTICLE VIII Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guarantees equally ample as if the same belonged to citizens of the United States.

ARTICLE IX The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States. and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without; restriction.

ARTICLE X [Stricken out]

Article XI Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States whensoever this may be necessary; and that when they cannot be prevented, they shall be punished by the said Government, and satisfaction for the same shall be exactedall in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory, against its own citizens.

It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians.

And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the United States, the Government of the latter engages and binds itself, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country. or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives; who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated.

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

ARTICLE XII In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars.

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

ARTICLE XIII The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Republic, under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims.

ARTICLE XIV The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed.

ARTICLE XV The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever canceled, 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 boa shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favour of any claim not embraced by these principles and rules.

If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents, in the possession or power of the Government of the Mexican Republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister of Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents so specified, which shall be in their possession or power (or authenticated copies or extracts of the same), to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation.

ARTICLE XVI Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.

ARTICLE XVII The treaty of amity, commerce, and navigation, concluded at the city of Mexico, on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such intention to the other party.

ARTICLE XVIII All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration of the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proved and established by sentence of a competent tribunal, They shall be punished by the confiscation of the property so attempted to be fraudulently introduced.

ARTICLE XIX With respect to all merchandise, effects, and property whatsoever, imported into ports of Mexico, whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed: (1) All such merchandise, effects, and property, if imported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff. (2) The same perfect exemption shall be enjoyed by all such merchandise, effects, and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and property being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following article. (3) All merchandise, effects, and property described in the two rules foregoing shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax, or imposts of every kind, under whatsoever title or denomination. Nor shall they be there subject to any charge whatsoever upon the sale thereof. (4) All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place in the interior, whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination. (5) But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff. (6) The owners of all merchandise, effects, or property, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty, or contribution upon any such exportation, or in any manner to account for the same to the said authorities.

ARTICLE XX Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom houses, conformably with the stipulation in the third article, in such case all merchandise, effects and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply.

ARTICLE XXI If unhappily any 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:

(1) The merchants of either republic then residing in the other shall be allowed to remain twelve months (for those dwelling in the interior), and six months (for those dwelling at the seaports) to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to 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.

(2). In order that the fate of prisoners of war may be alleviated all such practices as those of sending them into distant, inclement or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, 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 soldiers shall be dispose( in cantonments, open and extensive enough for air and exercise and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any office shall break his parole by leaving the district so assigned him, o any other prisoner shall escape from the limits of his cantonment after they shall have been designated to him, such individual, officer, or other prisoner, shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if any officer so breaking his parole or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms previously to his being regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed either in kind or by commutation, to officers of equal rank in its own army; and all others shall be daily furnished with such ration as is allowed to a common soldier in its own service; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them withheld, as a compensation or reprisal for any cause whatever, real or pretended Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often a he pleases; shall be allowed to receive, exempt from all duties a 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 pretense that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided; and, during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations.

ARTICLE XXIII This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic, with the previous approbation of its general Congress; and the ratifications shall be exchanged in the City of Washington, or at the seat of Government of Mexico, in four months from the date of the signature hereof, or sooner if practicable. In faith whereof we, the respective Plenipotentiaries, have signed this treaty of peace, friendship, limits, and settlement, and have hereunto affixed our seals respectively. Done in quintuplicate, at the city of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight.

N. P. TRIST LUIS P. CUEVAS BERNARDO COUTO MIGL. ATRISTAIN


The Treaty of Guadalupe Hidalgo

The Treaty of Guadalupe Hidalgo, that brought an official end to the Mexican-American War (1846-1848), was signed on February 2, 1848, at Guadalupe Hidalgo, a city north of the capital where the Mexican government had fled with the advance of U.S. forces. By its terms, Mexico ceded 55 percent of its territory, including parts of present-day Arizona, California, New Mexico, Texas, Colorado, Nevada, and Utah, to the United States. Mexico relinquished all claims to Texas, and recognized the Rio Grande as the southern boundary with the United States. Read more.


Treaty of Guadalupe Hidalgo

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Treaty of Guadalupe Hidalgo, (Feb. 2, 1848), treaty between the United States and Mexico that ended the Mexican War. It was signed at Villa de Guadalupe Hidalgo, which is a northern neighbourhood of Mexico City. The treaty drew the boundary between the United States and Mexico at the Rio Grande and the Gila River for a payment of $15,000,000 the United States received more than 525,000 square miles (1,360,000 square km) of land (now Arizona, California, western Colorado, Nevada, New Mexico, Texas, and Utah) from Mexico and in return agreed to settle the more than $3,000,000 in claims made by U.S. citizens against Mexico. With this annexation, the continental expansion of the United States was completed except for the land added in the Gadsden Purchase (1853).

The treaty helped precipitate civil war in both Mexico and the United States. In Mexico it left many citizens unsure of their country’s future as an independent state political extremism followed, and civil war broke out at the end of 1857. The expansion of slavery in the United States had been settled by the Missouri Compromise (1820), but addition of the vast Mexican tract as new U.S. territory reopened the question. Attempts to settle it led to the uneasy Compromise of 1850 and the Kansas–Nebraska Act (1854).

This article was most recently revised and updated by Amy McKenna, Senior Editor.


Contents

The peace talks were negotiated by Nicholas Trist, chief clerk of the US State Department, who had accompanied General Winfield Scott as a diplomat and President James K. Polk's representative. Trist and General Scott, after two previous unsuccessful attempts to negotiate a treaty with General José Joaquín de Herrera, determined that the only way to deal with Mexico was as a conquered enemy. Nicholas Trist negotiated with a special commission representing the collapsed government led by Don José Bernardo Couto, Don Miguel de Atristain, and Don Luis Gonzaga Cuevas of Mexico. [3]

Although Mexico ceded Alta California and Santa Fe de Nuevo México, the text of the treaty [4] did not list territories to be ceded, and avoided the disputed issues that were causes of war: the validity of the 1836 secession of the Republic of Texas, Texas's unenforced boundary claims as far as the Rio Grande, and the 1845 annexation of Texas by the United States.

Instead, Article V of the treaty simply described the new U.S.–Mexico border. From east to west, the border consisted of the Rio Grande northwest from its mouth to the point where it strikes the southern boundary of New Mexico (roughly 32 degrees north), as shown in the Disturnell map, then due west from this point to the 110th meridian west, then north along the 110th Meridian to the Gila River and down the river to its mouth. Unlike the New Mexico segment of the boundary, which depended partly on unknown geography, "in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California", a straight line was drawn from the mouth of the Gila to one marine league south of the southernmost point of the port of San Diego, slightly north of the previous Mexican provincial boundary at Playas de Rosarito.

Comparing the boundary in the Adams–Onís Treaty to the Guadalupe Hidalgo boundary, Mexico conceded about 55% of its pre-war, pre-Texas territorial claims [5] and now has an area of 1,972,550 km² (761,606 sq mi).

In the United States, the 1.36 million km² (525,000 square miles) of the area between the Adams-Onis and Guadalupe Hidalgo boundaries outside the 1,007,935 km 2 (389,166 sq mi) claimed by the Republic of Texas is known as the Mexican Cession. That is to say, the Mexican Cession is construed not to include any territory east of the Rio Grande, while the territorial claims of the Republic of Texas included no territory west of the Rio Grande. The Mexican Cession included essentially the entirety of the former Mexican territory of Alta California, but only the western portion of Santa Fe de Nuevo Mexico, and includes all of present-day California, Nevada and Utah, most of Arizona, and western portions of New Mexico and Colorado.

Articles VIII and IX ensured safety of existing property rights of Mexican citizens living in the transferred territories. Despite assurances to the contrary, the property rights of Mexican citizens were often not honored by the U.S. in accordance with modifications to and interpretations of the Treaty. [6] [7] [8] The U.S. also agreed to assume $3.25 million (equivalent to $97.2 million today) in debts that Mexico owed to United States citizens.

The residents had one year to choose whether they wanted American or Mexican citizenship Over 90% chose American citizenship. The others returned to Mexico (where they received land), or in some cases in New Mexico were allowed to remain in place as Mexican citizens. [9] [10]

Article XII engaged the United States to pay, "In consideration of the extension acquired", 15 million dollars (equivalent to $450 million today), [11] in annual installments of 3 million dollars.

Article XI of the treaty was important to Mexico. It provided that the United States would prevent and punish raids by Indians into Mexico, prohibited Americans from acquiring property, including livestock, taken by the Indians in those raids, and stated that the U.S. would return captives of the Indians to Mexico. Mexicans believed that the United States had encouraged and assisted the Comanche and Apache raids that had devastated northern Mexico in the years before the war. This article promised relief to them. [12]

Article XI, however, proved unenforceable. Destructive Indian raids continued despite a heavy U.S. presence near the Mexican border. Mexico filed 366 claims with the U.S. government for damages done by Comanche and Apache raids between 1848 and 1853. [13] In 1853, in the Treaty of Mesilla concluding the Gadsden Purchase, Article XI was annulled. [14]

Results Edit

The land that the Treaty of Guadalupe Hidalgo brought into the United States became, between 1850 and 1912, all or part of ten states: California (1850), Nevada (1864), Utah (1896), and Arizona (1912), as well as, depending upon interpretation, the entire state of Texas (1845), which then included part of Kansas (1861) Colorado (1876) Oklahoma (1907) and New Mexico (1912). The area of domain acquired was given by the Federal Interagency Committee as 338,680,960 acres. [15] The cost was $16,295,149 or approximately 5 cents an acre. [15] The remainder (the southern parts) of New Mexico and Arizona were peacefully purchased under the Gadsden Purchase, which was carried out in 1853. In this purchase the United States paid an additional $10 million (equivalent to $250 million in 2019), for land intended to accommodate a transcontinental railroad. However, the American Civil War delayed construction of such a route, and it was not until 1881 that the Southern Pacific Railroad finally was completed as a second transcontinental railroad, fulfilling the purpose of the acquisition. [16]

Mexico had claimed the area in question since winning its independence from the Spanish Empire in 1821 following the Mexican War of Independence. The Spanish had conquered part of the area from the American Indian tribes over the preceding three centuries, but there remained powerful and independent indigenous nations within that northern region of Mexico. Most of that land was too dry (low rainfall) and too mountainous to support many people, until the advent of new technology after about 1880: means for damming and distributing water from the few rivers to irrigated farmland the telegraph the railroad the telephone and electrical power.

About 80,000 Mexicans inhabited California, New Mexico, Arizona, and Texas during the period 1845 to 1850, with far fewer in Nevada, southern and western Colorado, and Utah. [17] On 1 March 1845, U.S. President John Tyler signed legislation to authorize the United States to annex the Republic of Texas, effective on 29 December 1845. The Mexican government, which had never recognized the Republic of Texas as an independent country, had warned that annexation would be viewed as an act of war. The United Kingdom and France, both of which recognized the independence of the Republic of Texas, repeatedly tried to dissuade Mexico from declaring war against its northern neighbor. British efforts to mediate the quandary proved fruitless, in part because additional political disputes (particularly the Oregon boundary dispute) arose between Great Britain (as the claimant of modern Canada) and the United States.

On 10 November 1845, before the outbreak of hostilities, President James K. Polk sent his envoy, John Slidell, to Mexico. Slidell had instructions to offer Mexico around $5 million for the territory of Nuevo México and up to $40 million for Alta California. [18] The Mexican government dismissed Slidell, refusing to even meet with him. [19] Earlier in that year, Mexico had broken off diplomatic relations with the United States, based partly on its interpretation of the Adams–Onís Treaty of 1819, under which newly independent Mexico claimed it had inherited rights. In that agreement, the United States had "renounced forever" all claims to Spanish territory. [20] [21]

Neither side took any further action to avoid a war. Meanwhile, Polk settled a major territorial dispute with Britain via the Oregon Treaty, which was signed on 15 June 1846. By avoiding any chance of conflict with Great Britain, the U.S was given a free hand in regard to Mexico. After the Thornton Affair of 25–26 April, when Mexican forces attacked an American unit in the disputed area, with the result that 11 Americans were killed, five wounded and 49 captured, Congress passed a declaration of war, which Polk signed on 13 May 1846. The Mexican Congress responded with its own war declaration on 7 July 1846. [ citation needed ]

U.S. forces moved quickly far beyond Texas to conquer Alta California and New Mexico. Fighting there ended on 13 January 1847 with the signing of the "Capitulation Agreement" at "Campo de Cahuenga" and end of the Taos Revolt. [22] By the middle of September 1847, U.S. forces had successfully invaded central Mexico and occupied Mexico City.

Peace negotiations Edit

Some Eastern Democrats called for complete annexation of Mexico and claimed that some Mexican liberals would welcome this, [23] but President Polk's State of the Union address in December 1847 upheld Mexican independence and argued at length that occupation and any further military operations in Mexico were aimed at securing a treaty ceding California and New Mexico up to approximately the 32nd parallel north and possibly Baja California and transit rights across the Isthmus of Tehuantepec. [19]

Despite its lengthy string of military defeats, the Mexican government was reluctant to agree to the loss of California and New Mexico. Even with its capital under enemy occupation, the Mexican government was inclined to consider factors such as the unwillingness of the U.S. administration to annex Mexico outright and what appeared to be deep divisions in domestic U.S. opinion regarding the war and its aims, which gave it reason to conclude that it was actually in a far better negotiating position than the military situation might have suggested. [ citation needed ] A further consideration was the Mexican government's opposition to slavery and its awareness of the well-known and growing sectional divide in the U.S. over the issue of slavery. It therefore made sense for Mexico to negotiate with a goal of pandering to Northern U.S. interests at the expense of Southern U.S. interests. [ citation needed ]

The Mexicans proposed peace terms that offered only sale of Alta California north of the 37th parallel north — north of Santa Cruz, California and Madera, California and the southern boundaries of today's Utah and Colorado. This territory was already dominated by Anglo-American settlers, but perhaps more importantly from the Mexican point of view, it represented the bulk of pre-war Mexican territory north of the Missouri Compromise line of parallel 36°30′ north — lands that, if annexed by the U.S., would have been presumed by Northerners to be forever free of slavery. The Mexicans also offered to recognize the U.S. annexation of Texas, but held to its demand of the Nueces River as a boundary.

While the Mexican government could not reasonably have expected the Polk Administration to accept such terms, it would have had reason to hope that a rejection of peace terms so favorable to Northern interests might have the potential to provoke sectional conflict in the United States, or perhaps even a civil war that would fatally undermine the U.S. military position in Mexico. Instead, these terms combined with other Mexican demands (in particular, for various indemnities) only provoked widespread indignation throughout the U.S. without causing the sectional conflict the Mexicans were hoping for.

Jefferson Davis advised Polk that if Mexico appointed commissioners to come to the U.S., the government that appointed them would probably be overthrown before they completed their mission, and they would likely be shot as traitors on their return so that the only hope of peace was to have a U.S. representative in Mexico. [24] Nicholas Trist, chief clerk of the State Department under President Polk, finally negotiated a treaty with the Mexican delegation after ignoring his recall by President Polk in frustration with failure to secure a treaty. [25] Notwithstanding that the treaty had been negotiated against his instructions, given its achievement of the major American aim, President Polk passed it on to the Senate. [25]

The Treaty of Guadalupe Hidalgo was signed by Nicholas Trist (on behalf of the U.S.) and Luis G. Cuevas, Bernardo Couto and Miguel Atristain as plenipotentiary representatives of Mexico on 2 February 1848, at the main altar of the old Basilica of Guadalupe at Villa Hidalgo (within the present city limits) as U.S. troops under the command of Gen. Winfield Scott were occupying Mexico City. [26]

Changes to the treaty and ratification Edit

The version of the treaty ratified by the United States Senate eliminated Article X, [27] which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the U.S. to citizens of Spain and Mexico by those respective governments. Article VIII guaranteed that Mexicans who remained more than one year in the ceded lands would automatically become full-fledged United States citizens (or they could declare their intention of remaining Mexican citizens) however, the Senate modified Article IX, changing the first paragraph and excluding the last two. Among the changes was that Mexican citizens would "be admitted at the proper time (to be judged of by the Congress of the United States)" instead of "admitted as soon as possible", as negotiated between Trist and the Mexican delegation.

An amendment by Jefferson Davis giving the U.S. most of Tamaulipas and Nuevo León, all of Coahuila and a large part of Chihuahua was supported by both senators from Texas (Sam Houston and Thomas Jefferson Rusk), Daniel S. Dickinson of New York, Stephen A. Douglas of Illinois, Edward A. Hannegan of Indiana, and one each from Alabama, Florida, Mississippi, Ohio, Missouri and Tennessee. Most of the leaders of the Democratic party, Thomas Hart Benton, John C. Calhoun, Herschel V. Johnson, Lewis Cass, James Murray Mason of Virginia and Ambrose Hundley Sevier were opposed and the amendment was defeated 44–11. [28]

An amendment by Whig Sen. George Edmund Badger of North Carolina to exclude New Mexico and California lost 35–15, with three Southern Whigs voting with the Democrats. Daniel Webster was bitter that four New England senators made deciding votes for acquiring the new territories.

A motion to insert into the treaty the Wilmot Proviso (banning slavery from the acquired territories) failed 15–38 on sectional lines.

The treaty was leaked to John Nugent before the U.S. Senate could approve it. Nugent published his article in the New York Herald and, afterward, was questioned by Senators. He was detained in a Senate committee room for one month, though he continued to file articles for his newspaper and ate and slept at the home of the sergeant of arms. Nugent did not reveal his source, and senators eventually gave up their efforts. [29]

The treaty was subsequently ratified by the U.S. Senate by a vote of 38 to 14 on 10 March 1848 and by Mexico through a legislative vote of 51 to 34 and a Senate vote of 33 to 4, on 19 May 1848. News that New Mexico's legislative assembly had just passed an act for organization of a U.S. territorial government helped ease Mexican concern about abandoning the people of New Mexico. [30] The treaty was formally proclaimed on 4 July 1848. [31]

Protocol of Querétaro Edit

On 30 May 1848, when the two countries exchanged ratifications of the treaty of Guadalupe Hidalgo, they further negotiated a three-article protocol to explain the amendments. The first article stated that the original Article IX of the treaty, although replaced by Article III of the Treaty of Louisiana, would still confer the rights delineated in Article IX. The second article confirmed the legitimacy of land grants pursuant to Mexican law. [32]

The protocol further noted that said explanations had been accepted by the Mexican Minister of Foreign Affairs on behalf of the Mexican Government, [32] and was signed in Querétaro by A. H. Sevier, Nathan Clifford and Luis de la Rosa.

The U.S. would later go on to ignore the protocol on the grounds that the U.S. representatives had over-reached their authority in agreeing to it. [33]

Treaty of Mesilla Edit

The Treaty of Mesilla, which concluded the Gadsden purchase of 1854, had significant implications for the treaty of Guadalupe Hidalgo. Article II of the treaty annulled article XI of the treaty of Guadalupe Hidalgo, and article IV further annulled articles VI and VII of Guadalupe Hidalgo. Article V however reaffirmed the property guarantees of Guadalupe Hidalgo, specifically those contained within articles VIII and IX. [34]

In addition to the sale of land, the treaty also provided for the recognition of the Rio Grande as the boundary between the state of Texas and Mexico. [35] The land boundaries were established by a survey team of appointed Mexican and American representatives, [25] and published in three volumes as The United States and Mexican Boundary Survey. On 30 December 1853, the countries by agreement altered the border from the initial one by increasing the number of border markers from 6 to 53. [25] Most of these markers were simply piles of stones. [25] Two later conventions, in 1882 and 1889, further clarified the boundaries, as some of the markers had been moved or destroyed. [25] Photographers were brought in to document the location of the markers. These photographs are in Record Group 77, Records of the Office of the Chief Engineers, in the National Archives.

The southern border of California was designated as a line from the junction of the Colorado and Gila rivers westward to the Pacific Ocean, so that it passes one Spanish league south of the southernmost portion of San Diego Bay. This was done to ensure that the United States received San Diego and its excellent natural harbor, without relying on potentially inaccurate designations by latitude. [ citation needed ]

The treaty extended the choice of U.S. citizenship to Mexicans in the newly purchased territories, before many African Americans, Asians and Native Americans were eligible. If they chose to, they had to declare to the U.S. government within a year the Treaty was signed otherwise, they could remain Mexican citizens, but they would have to relocate. [5] Between 1850 and 1920, the U.S. Census counted most Mexicans as racially "white". [36] Nonetheless, racially tinged tensions persisted in the era following annexation, reflected in such things as the Greaser Act in California, as tens of thousands of Mexican nationals suddenly found themselves living within the borders of the United States. Mexican communities remained segregated de facto from and also within other U.S. communities, continuing through the Mexican migration right up to the end of the 20th century throughout the Southwest. [ citation needed ]

Community property rights in California are a legacy of the Mexican era. The Treaty of Guadalupe Hidalgo provided that the property rights of Mexican subjects would be kept inviolate. The early Californians felt compelled to continue the community property system regarding the earnings and accumulation of property during a marriage, and it became incorporated into the California Constitution. [37]

Land gained by the United States Edit

The US received some or all of the U.S. states of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming from the treaty.

Additional issues Edit

Disputes about whether to make all this new territory into free states or slave states contributed heavily to the rise in North–South tensions that led to the American Civil War just over a decade later.

Border disputes continued. The desire to expand the territory of the United States continued unabated and Mexico's economic problems persisted, [38] leading to the controversial Gadsden Purchase in 1854 and William Walker's Republic of Lower California filibustering incident in that same year. [ citation needed ] The Channel Islands of California and Farallon Islands are not mentioned in the Treaty. [39]

The border was routinely crossed by the armed forces of both countries. Mexican and Confederate troops often clashed during the American Civil War, and the U.S. crossed the border during the war of French intervention in Mexico. In March 1916 Pancho Villa led a raid on the U.S. border town of Columbus, New Mexico, which was followed by the Pershing expedition. The shifting of the Rio Grande since the signing of the Treaty of Guadalupe caused a dispute over the boundary between the states of New Mexico and Texas, a case referred to as the Country Club Dispute that was decided by the U.S. Supreme Court in 1927. [40] Controversy over community land grant claims in New Mexico persists to this day. [41]

The Treaty of Guadalupe Hidalgo led to the establishment in 1889 of the International Boundary and Water Commission to maintain the border, and pursuant to newer treaties to allocate river waters between the two nations, and to provide for flood control and water sanitation. Once viewed as a model of international cooperation, in recent decades the IBWC has been heavily criticized as an institutional anachronism, by-passed by modern social, environmental, and political issues. [42]


Treaty of Guadalupe-Hidalgo is on the “Border”

Recently, National Archives conservator Morgan Zinsmeister and I traveled to Pueblo, Colorado, which once stood on the border between the United States and Mexico.

We were there to install the original Treaty of Guadalupe-Hidalgo in the “Borderlands of Southern Colorado” exhibition at the El Pueblo History Museum in Pueblo, Colorado.

On the two-hour drive south from Denver to Pueblo, we saw the snow-capped Rockies and Pike’s Peak. In Pueblo, we walked the streets and soaked up the atmosphere of the Old West.

The location itself added another level to understanding and appreciating the history that took place there. David Ferriero, Archivist of the United States, makes the point better than I could when he said:

The Treaty of Guadalupe-Hidalgo is a milestone in American history that ended a war and reshaped our country. We are honored to share this peace treaty with the El Pueblo Museum, built on the site of 1842 trading on this historic international border.

According to El Pueblo Museum director Dawn DiPrince:

The “Borderlands” exhibit expands what most Coloradans think they know about Colorado. The people and families of southern Colorado are distinct from the rest of the state. . . . We have a rich, cultural heritage, and many of us have protected these traditions and resisted assimilation. This unique and hybrid history is integral to a broader understanding of the multi-dimensional Colorado story.

Have you ever thought about what a sense of place brings to viewing objects in a museum? Maybe you are conveyed to the banks of the Seine in the paintings of Claude Monet or taken to the South Pacific by the works of Paul Gauguin. Albert Bierstadt’s stunning images of the American West take you through unreachable canyons in breathtaking views.

The written word can do the same, sometimes in different ways. Charles Dickens paints with words the life and trials of the London poor in the middle of the 19th century. Thomas Hardy takes us to the blustering moors of the Dorset countryside.

When viewing original documents, being close to the written words and the paper they are written on may give us chills, and the feeling that you are in the room with the author.

The harbor of Hong Kong daily echoes with the salutes of the most powerful men-of-war of England, Russia and Germany [Despatch of American Diplomat, Hong Kong, 1898]

In this quote, we can hear guns booming in Hong Kong and can visualize the great European powers flexing their muscles in search of Chinese territory and new markets.

In others, the historical figures we know only as frozen statues are revealed as human beings. In a letter in his own hand, George Washington wrote to a friend of his dislike of sitting for portraits, and in another he wrote, “the truth is, I go out nowhere and those who call upon me, observe a silence which leaves me in ignorance in all these matters.” Yes, the Presidential bubble has been around from the beginning, first settling over George Washington at his Mount Vernon home.

In my own experience at the National Archives, I have had the rare privilege of sharing with museum audiences original letters of the Founders, the Emancipation Proclamation, the Louisiana Purchase Treaty, and Executive Order 9066, which resulted in the incarceration of over 100,000 Japanese Americans during World War II. There are cases where the venue itself adds another deeper, often more compelling level to the viewing experience.

Just a couple of years ago, I visited Abraham Lincoln’s Cottage in Washington, DC, and was able to walk the same floors the Great Emancipator did when thinking through the words to be put into the Emancipation Proclamation.

The importance of place was never greater for me personally than when National Archives conservator Terry Boone and I took the Mauthausen Death Register to the Mauthausen Memorial Museum in Austria.

The register was created in the infirmary of the Nazi concentration camp and maintained by clerks who were inmates themselves. The clerks recorded the names, ages, and other details of the deaths of thousands of victims between 1938 and 1945 in seven volumes.

One column is titled “cause of death.” Of course, they were unable to write down the actual cause, such as being shot, beaten, gassed, worked to death, etc., but they were able to devise discreet codes. The U.S. Army liberated Mauthausen in May 1945 and swept up the registers and other records that documented Nazi atrocities. These records and testimony of the Mauthausen clerks were critical in obtaining convictions at the Nuremberg War Crimes Trials.

In 2013 the Memorial Museum organized an exhibition about the camp’s history. The exhibition was located in the basement of the Mauthausen camp infirmary, where the registers were created. Talk about a sense of place and chills!

The Treaty of Guadalupe-Hidalgo was signed in what is now a neighborhood of Mexico City on February 2, 1848. It was officially titled: “Treaty of Peace, Friendship, Limits and Settlement between the United States of America and the Mexican Republic.”

For the price of $15 million, the treaty ended war with Mexico and transferred ownership of lands that became California and parts of what became New Mexico, Utah, Arizona, Nevada, Texas, Colorado, and Wyoming.

The war with Mexico began in early 1846 in the aftermath of the U.S. annexation of Texas. Texas annexation and the war with Mexico that followed took place in the larger historical context of Western expansion, Indian wars, and the growth of slavery in the West.

The three pages shown in Pueblo are from one of two duplicate originals signed in iron gall ink by American diplomat Nicholas Trist and Luis G. Cuevas, Bernardo Couto, and Miguel Atristain as plenipotentiary representatives of Mexico. Each page was encapsulated in the Conservation Lab at the National Archives, and then matted and sealed between sheets of ultraviolet filtering acrylic.

The National Archives also houses the Exchange copy of the Treaty, which is bound with an elaborate cover, tassels, and skippet. This version does not travel due to its fragility.

The El Pueblo Museum is one of eight museums in Colorado History’s community museum system. During the past year, attendance at the museum has increased 150 percent. DiPrince attributes the increase to services more focused on the local community. An ongoing archaeological dig takes place on the museum grounds.

I am most grateful for all the support and assistance received from the El Pueblo staff, particularly Dawn DiPrince, Dianne Archuetta, Zach Werkowitch, and Jose Ortega.


Treaty of Guadalupe Hidalgo: US - Mexican War History

The Treaty of Guadalupe Hidalgo ended the U. S. -Mexican War. Signed on February 2, 1848, it is the oldest treaty still in force between the United States and Mexico. As a result of the treaty, the United States acquired more than 500,000 square miles of valuable territory and emerged as a world power in the late nineteenth century. Beyond territorial gains and losses, the treaty has been important in shaping the international and domestic histories of both Mexico and the United States. During the U.

S. -Mexican War, U. S. eaders assumed an attitude of moral superiority in their negotiations of the treaty. They viewed the forcible incorporation of almost one-half of Mexico’s national territory as an event foreordained by providence, fulfilling Manifest Destiny to spread the benefits of U. S. democracy to the lesser peoples of the continent.

Because of its military victory the United States virtually dictated the terms of settlement. The treaty established a pattern of political and military inequality between the two countries, and this lopsided relationship has stalked Mexican-U.

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S. relations ever since. Signing the treaty was only the beginning of the process it still had to be approved by the congresses of both the United States and Mexico. No one could foresee how the Polk administration would receive a treaty negotiated by an unofficial agent nor could they know the twists and turns of the Mexican political scene for the next few months. In both the U. S. and Mexican governments there was opposition to the treaty.

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In the United States, the northern abolitionists opposed the annexation of Mexican territory.

In the Mexican congress, a sizable minority was in favor of continuing the fight. Nevertheless both countries ratified the document. The signing of the Treaty of Guadalupe Hidalgo marked the end of a war and the beginning of a lengthy U. S. political debate over slavery in the acquired territories, as well as continued conflict with Mexico over boundaries. In the Article V we can read that Mexico ceded to the United States Upper California and New Mexico, and included present-day Arizona and New Mexico and parts of Utah, Nevada, and Colorado.

Mexico relinquished all claims to Texas and recognized the Rio Grande as the southern boundary with the United States—the border was seen by Mexico to be the Nueces River before the treaty. This is how United States obtained the territories mentioned above. In the Article VIII residents needed to decided to stay in territory that now belongs to United States or leave to Mexico, it is important to mention that this article is applied to was already established in this state, due to this article now Mexicans needed to decided whether they would stay in “United States” or go to the Republic of Mexico.

They could leave and still keep their land or stay and choose on becoming a United States Citizen or keep their Mexican Nationality. The time to decide was a year if the year passed and residences have not taken a decision they will become United States citizens automatically. In the Article IX Mexicans who opted to become citizens will have the rights that were given by the United States to their citizens, they will have the liberty to practice any religion, and they will also be free to have property and total freedom.

On the article X of course this was a legal document before been omitted by the US Senate use to grant lad made by Mexican Government in territories that before belonged to Mexico. This article was to protect Mexicans and provide them with land, we can say that this article was extinguished because it was a way to give Mexicans the right to own land in a territory that was being governed by the United States but was taken from Mexico. Later on Article X was replace by The Protocol of Queretaro.

On 30 May 1848, when the two countries exchanged ratifications of the treaty of Guadalupe Hidalgo, they further negotiated a three-article protocol to explain the amendments. The first article stated that the original Article IX of the treaty, although replaced by Article III of the Treaty of Louisiana, would still confer the rights delineated in Article IX. The second article confirmed the legitimacy of land grants pursuant to Mexican law.

The protocol further noted that said explanations had been accepted by the Mexican Minister of Foreign Affairs on behalf of the Mexican Government, and was signed in Santiago de Queretaro by A. H. Sevier, Nathan Clifford and Luis de la Rosa. The U. S. would later go on to ignore the protocol on the grounds that the U. S. representatives had over-reached their authority in agreeing to it. In my opinion The United States used all of these articles to satisfy their guilt for taking Mexican territory by war.


Treaty of Guadalupe Hidalgo (1848)

This treaty, signed on February 2, 1848, ended the war between the United States and Mexico. By its terms, Mexico ceded 55 percent of its territory, including parts of present-day Arizona, California, New Mexico, Texas, Colorado, Nevada, and Utah, to the United States.

The Treaty of Guadalupe Hidalgo, which brought an official end to the Mexican-American War (1846󈞜), was signed on February 2, 1848, at Guadalupe Hidalgo, a city to which the Mexican government had fled with the advance of U.S. forces.

With the defeat of its army and the fall of the capital, Mexico City, in September 1847, the Mexican government surrendered to the United States and entered into negotiations to end the war. The peace talks were negotiated by Nicholas Trist, chief clerk of the State Department, who had accompanied General Winfield Scott as a diplomat and President Polk's representative. Trist and General Scott, after two previous unsuccessful attempts to negotiate a treaty with President Santa Anna, determined that the only way to deal with Mexico was as a conquered enemy. Nicholas Trist negotiated with a special commission representing the collapsed government led by Don Bernardo Couto, Don Miguel Atristain, and Don Luis Gonzaga Cuevas.

President Polk had recalled Trist under the belief that negotiations would be carried out with a Mexican delegation in Washington. In the six weeks it took to deliver Polk's message, Trist had received word that the Mexican government had named its special commission to negotiate. Trist determined that Washington did not understand the situation in Mexico and negotiated the peace treaty in defiance of the President.

In a December 4, 1847, letter to his wife, he wrote, "Knowing it to be the very last chance and impressed with the dreadful consequences to our country which cannot fail to attend the loss of that chance, I decided today at noon to attempt to make a treaty the decision is altogether my own."

See the Teaching With Documents Lesson Plan: The Treaty of Guadalupe Hidalgo.


BTST Backup

The Polk administration was one of achievement — the president had success in every major initiative he undertook in four years — but the signal achievement of his presidency literally changed the map of the United States. The war with Mexico might have been, as US Grant observed in his Memoirs, “an instance of a republic following the bad example of European monarchies, in not considering justice in their desire to acquire additional territory,” and most modern historians would probably agree with that assessment. But no one is suggesting the return of the territory thus won, about 529,000 square miles, to Mexico. Polk’s legacy stands.

On February 2, 1848, US and Mexican negotiators inked the Treaty of Guadalupe Hidalgo just north of Mexico City. The US representative was Nicholas Trist, “a colorful and eccentric figure… who had studied law with Jefferson and been private secretary to Jackson,” wrote Page Smith in The Nation Comes of Age (1981). “Trist knew Spanish and… was handsome and urbane but conceited and self-important.”

Trist had been send by President Polk to conclude a treaty, but before long the president had second thoughts, and recalled him. It wasn’t merely a matter of picking up a telephone, however, as a modern president can do. Trist ignored his recall and pressed on.

“Although Trist had been ordered home by Polk,” Page continued, “who had denounced him as ‘impudent, arrogant, very insulting, and personally offensive,’ he remained with [General Winfield] Scott and pushed negotiations for peace… When Polk received a copy of the treaty, he was at first disposed to reject it, but a majority in Congress pressed him to send it to the Senate for ratification and it passed that body by a vote of 38 to 14.”

Grant had this to say about the treaty many years later: “It is to the credit of the American nation, however, that after conquering Mexico, and while practically holding the country in our possession, so that we could have retained the whole of it, or made any terms we chose, we paid a round sum for the additional territory taken more than it was worth, or was likely to be, to Mexico. To us it was an empire, and of incalculable value but it might have been obtained by other means.”


History you should know: The Treaty of Guadalupe Hidalgo

My wife and I were in San Antonio a few years ago, and we decided to take the tour of the Alamo that everyone seems to take when they visit there. As we walked around the different exhibits, we noticed a mother talking to her young child about what happened during the battle there. “The bad people had the Americans surrounded and outnumbered,” she said. “So we fought back and won.”

We looked at each other and kind of wondered about what the woman had just said. If you had sat through the ten minute presentation by one of the historians there, you’d come to know that Texas was a territory of Mexico at the time. Americans had moved in as undocumented immigrants and taken over land. Other English-speaking Texans (Texians) were Mexican citizens, but they held closer ties to the United States. In 1835, the Texians and the “illegals” started an armed insurrection against the Mexican government. The rebels held back the Mexican troops at The Alamo as long as they could before being run-over. More battles ensued until the Texan rebels won independence from Mexico in 1836. Over the next ten years, several skirmishes between the Mexicans and the Republic of Texas took place, leading the United States to intercede and annex Texas into the United States in 1845.

That annexation led to the Mexican-American war between 1846 and 1848. That war ended with the Treaty of Guadalupe Hidalgo. Under the terms of that treaty, most of the states in the west (California, Arizona, New Mexico, Nevada, Colorado) became territories of the United States. Mexicans living in those states were given the option to migrate down to Mexico or stay and become full citizens of the United States. Almost everyone chose to stay.

So, as you can see, labeling the belligerents at The Alamo as “good” or “bad” is a very simplistic way of looking at how that whole thing went down. The Alamo now sits in the United States, so I’m sure that’s why there is that view that the Mexicans were the bad guys. If The Alamo, and all of Texas, had stayed in Mexican control, the story would be different.

Likewise, when people see Hispanic people with Hispanic surnames in the American west, a lot of them assume that those Hispanics are immigrants. For the most part, they’re not. For the most part, their families have been Americans for about 160 years. They just happen to have the names their families had at the time of the treaty. And this is true of many Native Americans from those areas as well. Their names were replaced with Hispanic names as the Spanish conquest marched up into those places we now know as “The Southwest.”

You have to give them credit for not anglicizing their names, though. The Rodriguez didn’t become Rodricks, and the Puentes didn’t become Bridges.

So, to have a clear grasp of the social and political dynamics west of Texas, and to understand why immigration is such a big deal on the border states and beyond, you have to understand how all of those states became American states. But don’t stop there. Read up on why Americans flocked to Texas, and why the Mexican government was welcoming of those “new Mexicans.” Then go back even further and understand what the whole concept of “Manifest Destiny” was and why it influenced what the US is today on the world stage.

In other words, don’t just paint groups as good and bad based on the current state of things. The present is much more complicated than you’d think… And it is complicated because of an even more complicated past.


North America 1848: Treaty of Guadalupe Hidalgo

The fall of Mexico City spelled the end of the Mexican-American War. At the Treaty of Guadalupe Hidalgo, the US agreed to pay Mexico $15 million in return for Mexican acceptance of the annexation of Texas, California and New Mexico.

Main Events

15 Sep 1847 Santa Anna’s resignation▲

Having lost Mexico City to United States forces, Mexican President Antonio Lopez de Santa Anna resigned the presidency in favor of Chief Justice Manuel de la Peña y Peña. He lost his military command the following month, then fled the country for exile in Kingston, Jamaica. in wikipedia

29 Nov 1847–? ?? 1855 Cayuse War▲

Missionary Marcus Whitman, his wife and 11 others were murdered by a party of Cayuse and Umatilla at Waiilapu mission, Oregon Country, leading to the Cayuse War. Eventually, the United States government prevailed, forcing the Cayuse to cede most of their tribal lands. in wikipedia

24 Jan 1848 Gold discovery at Sutter’s Mill▲

James W. Marshall found several flakes of gold in the tailrace of a lumber mill he is building for pioneer John Sutter in Coloma, California, on the banks of the South Fork American River. Sutter attempted to keep the news secret, but rumors soon spread to the local newspapers. in wikipedia

2 Feb 1848 Treaty of Guadalupe Hidalgo▲

The United States of America, represented by Nicholas Trist, and the Mexican Republic, represented by General Jose Joaquin de Herrera, signed the Treaty of Guadalupe Hidalgo, officially entitled the Treaty of Peace, Friendship, Limits and Settlement between the United States of America and the Mexican Republic, in the Villa de Guadalupe Hidalgo, Mexico. The treaty effectively ceded Alta California and Santa Fe de Nuevo Mexico to the US and recognized the US annexation of Texas. in wikipedia


Watch the video: Treaty of Guadalupe Hidalgo by Dr. Jacobo