CHAPTER X.

TREATY OF GUADALUPE HIDALGO.

UNITED STATES IN POSSESSION OF MEXICAN TERRITORY-CIRCUMSTANCES CONCERNING WAR WITH MEXICO THE TREATY PROTOCOL— BOUNDARIES AREA-COST OF CESSIONDELIVERY OF THE CESSION.

On the first of January, 1848, the United States was in possession of the City of Mexico, the city of Chihuahua, and of the eastern seaports of Mexico, as well as of the territory now forming the States of New Mexico, Arizona and California, together with Lower California. California was the pawn which several European countries claimed and were trying to secure, and England, in particular, had she secured California, in all probability would have held all the coast territory west of the Rocky Mountains, including what is now the States of Utah, Idaho, Washington, Oregon, California and Nevada. She would probably have allowed Mexico or the United States to hold the Apache infested country of New Mexico and Arizona.

In order that my readers may be informed of the circumstances concerning the war with Mexico, and the subsequent acquisition by the United States of that part of the territory of Mexico in Arizona north of the Gila River, I quote here from Donaldson's "Public Domain" as follows:

"The treaty of Guadalupe Hidalgo, between the United States and the Republic of Mexico, February 2nd, 1848, added to the national and

public domain the territory lying between the Rio Grande River north along the one hundred and sixth meridian of longitude west from Greenwich to the forty-second parallel north latitude, and along that parallel to the Pacific Ocean. Prior to the time that Commodore Sloat took possession of California, she had been the object of jealous attention on the part of several foreign nations. The Russians established themselves at Bodega, on the coast of California, in the year 1812, by permission of Spain, for the purpose of fishing and obtaining furs. Then, after this, they brought cattle, raised herds, and produced wheat. Forty miles from Bodega, beyond the San Sebastian river, they built Fort Slawianski, called by the Mexicans 'Fort of Ross.' They flew the Russian flag, and the military governor appointed by the Czar of Russia was in command. During the Mexican Revolution, they assumed to be the actual owners of the territory thus occupied. In the year 1842, through the fostering care of the Russian home government, this colony possessed onesixth of the white population of California. After the United States finally acquired California, this military colony was withdrawn.

"In the year 1835 President Jackson proposed to the government of Mexico to purchase the territory lying east and north of a line drawn from the Gulf of Mexico along the eastern bank of the Rio Grande, up to the thirty-seventh parallel north latitude, and thence along that parallel to the Pacific Ocean. This would have obtained the Bay of San Francisco, but the negotiation failed. Fremont's expedition by

land, and Wilke's exploring expedition by sea and land, all under Government auspices, gave much information to the country at large of the Pacific Coast.

"In 1841, by order of Marshal Soult, minister of war of France, an attache of the French mission to Mexico, M. Duflot de Mofras, visited California and made a thorough exploration. He remained there two years.

"In 1846 an informal meeting of citizens and natives of California was held at Monterey to consider annexation. The consuls of England (Forbes), of France (Guys), and of the United States (Larkin), were working during this period to encourage in the Californians a desire for annexation to one of their respective countries. Members were elected to a convention to consider annexation, but it never met.

"It was claimed that Great Britain intended to seize California as an equivalent for the Mexican debt due to British subjects. She had a fleet in the Pacific waters watching the American fleet, and it entered the harbor of Monterey a few hours after Commodore Sloat had there raised the American flag, July 7, 1846. It is presumed from official action on the part of the naval and other officers of the United States Government, that our navy was to see that no foreign government took possession of California. (See Mr. Buchanan's letter to Minister Slidell, April 10, 1845, as to the French and English designs.)

"After the terms of annexation offered to Texas by the United States had been accepted by Texas, President Polk, in 1845, ordered the

army of the United States to occupy the western portion of Texas, between the Nueces and Rio Grande rivers, and to hold it. A strong naval force in the Gulf was ordered to co-operate with the army. Under date of November 10, 1845, Mr. Buchanan, Secretary of State, instructed John Slidell, United States Minister to Mexico, to offer the Mexican Government, for the cession of New Mexico and a boundary line on the Rio Grande and to the forty-second parallel north latitude, the assumption of claims of American citizens against Mexico and $5,000,000; for the cession of the province of California, the assumption of claims of American citizens against Mexico, and $25,000,000; and for the bay and harbor of San Francisco and north of it, $20,000,000.

"On the 13th of May, 1846, Congress passed a law declaring that 'war existed by the act of Mexico,' and the war with Mexico ensued.

"April 15, 1845, President Polk commissioned Nicholas P. Trist, Esq., chief clerk of the Department of State, to proceed, as the confidential agent of the Government and commissioner to Mexico. He was furnished with a project of treaty stating the purchase prices to be paid for the extension of our boundary. Upon his arrival in Mexico, Mr. Trist opened his negotiations with the Mexican authorities. On the 2nd of September, 1847, he met the Mexican Commissioners and tried to arrange a treaty, but failed. A temporary armistice was granted. September 6, General Scott notified Santa Anna that he would resume military operations the next day,

as the armistice had been repeatedly broken. On the 17th, the war was resumed.

"November 22nd, proposals were received from the Mexican authorities for negotiations for a treaty.

"It was made by Nicholas Trist, Esq., on behalf of the United States (although a long time before recalled), and Luis G. Cuevas, Bernardo Couto and Miguel Atristain on the part of Mexico. This treaty was done at the city of Guadalupe Hidalgo, Mexico, February 2nd, 1848. Mr. Trist submitted it to Mr. Buchanan, Secretary of State, and President Polk sent it to the Senate with a message, on Wednesday, February 23rd, 1848. He recommended that the tenth article should not be ratified. The Senate, after debate, amended it. It was finally adopted, with amendments, March 10, 1848, by a vote of yeas 38 nays 14.

"By and with the advice of the Senate, President Polk appointed Hon. Ambrose H. Sevier (United States Senator), of Arkansas, and Hon. Nathaniel Clifford (Attorney-General), of Maine, commissioners to Mexico, as envoys extraordinary and ministers plenipotentiaries. They took with them a copy of the treaty, with the amendments of the Senate duly ratified by the President, and had full powers to ratify the same. The protocol to the treaty was their work. They arrived at the city of Queretaro May 5, 1848. The amended treaty was submitted to the Mexican Senate on that day, and it passed by a vote of 33 ayes to 5 nays. It had previously passed the House of Deputies.