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spectively, all the public moneys collected by them, or in their hands, to be safely kept by the said respective depositaries until otherwise disposed of according to law; and it shall be the duty of the said Secretary and Postmaster-General respectively to direct such payments by the said collectors and receivers at all the said places, at least as often as once in each week, and as much more frequently, in all cases, as they in their discretion may think proper.

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SEC. 18. Be it further enacted, That on . [January 1, 1847] and thereafter, all duties, taxes, sales of public lands, debts, and sums of money accruing or becoming due to the United States, and also all sums due for postages or otherwise, to the general post-office department, shall be paid in gold and silver coin only, or in treasury notes issued under the authority of the United States.

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SEC. 19. And be it further enacted, That on . . . [April 1, 1847] and thereafter, every officer or agent engaged in making disbursements on account of the United States, or of the general post-office, shall make all payments in gold and silver coin, or in treasury notes, if the creditor agree to receive said notes in payment.

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No. 101. Treaty with Mexico

February 2, 1848

THE treaty which closed the Mexican war was negotiated on the part of the United States by N. P. Trist, who, previous to his appointment as commissioner and confidential agent, had been chief clerk of the Department of State. He was instructed "to demand the cession of New Mexico and California in satisfaction of claims against Mexico." He left Washington April 16,1847, and arrived at Vera Cruz, the headquarters of the United States army, May 6. November 16 he received a letter of recall, but disregarded it, and Feb. 2, 1848, concluded with Mexico the treaty of Guadalupe Hidalgo. Trist remained in Mexico until April 8, when an order for his arrest compelled him to leave. The treaty was sent to the Senate Feb. 23, and ratified by that body, with amendments, March 10, by a vote of 38 to 14. The suggested amendments were accepted by Mexico, and May 30 ratifications were ex

changed. An act of July 29, 1848, provided for the payment of liquidated claims against Mexico. The survey of the boundary line was provided for by an act of Aug. 12, and acts of Feb. 26 and March 3, 1849, and March 3, 1851, made further provision for the settlement of Mexican claims.

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REFERENCES. English and Spanish text in U. S. Stat. at Large, IX., 922-942. The papers accompanying the treaty, and the proceedings of the Senate, are in Senate Exec. Doc. 52, 30th Cong., 1st Sess.; other papers are in House Exec. Doc. 40, 56, 60, 69, and 70. On the negotiation of the treaty, see House Exec. Doc. 50, 30th Cong., 2d Sess.; on the part played by Trist, Senate Rep. 261, 41st Cong., 2d Sess. The discussions in Congress may be followed in Cong. Globe, 30th Cong., 1st Sess., and appendix. See also Wharton's Intern. Law Digest (ed. 1887), II., 256–261.

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.

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ARTICLE V.1

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.

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1 Amended by Article I. of the treaty of Dec. 30, 1853.-ED.

ARTICLE VI.1

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.2

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.

1 Amended by Article IV. of the treaty of Dec. 30, 1853. — ED.
2 Amended by Article IV. of the treaty of Dec. 30, 1853. - Ed.

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 guaranties equally ample as if the same belonged to citizens of the United States.

ARTICLE IX.1

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 constitu

1 See protocol, May 26, 1848: Treaties and Conventions (ed. 1889), 692, 693. - ED.

tion; 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., relating to Mexican land grants in the ceded territory, was stricken out by the Senate (see protocol, May 26, 1848). Article XI., binding the United States to prevent Indian incursions into Mexican territory, and to restore Mexican prisoners taken by Indians, was abrogated by Article II. of the treaty of Dec. 30; 1853.]

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.

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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 . . . [April 11, 1839, and January 30, 1843] ...

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 cancelled, what

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