PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT
TREATY OF GUADALUPE HIDALGO 2 Feb 1848
In the name of Almighty God:
The United States of America, and the United Mexican States, animated by a sincere
desire to put an end to the calamities 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 Peoples should live, as good Neighbours,
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 sea-ports, not exceeding thirty leagues; and such
evacuation of the interior of the Republic shall be completed with the least possible
delay: the Mexican Government hereby binding itself to afford every facility in it's power
for rendering the 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 definitively
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
stipulations, 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 it's 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 embarkation 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 it's 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 it's 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 this 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 landmarks 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 it's 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 it's 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 it's
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 it's right or it's 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 it's 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
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 admitted as soon
as possible, according to the principles of the Federal Constitution, to the enjoyment of
all the rights of citizens of the United States. In the mean time, they shall be
maintained and protected in the enjoyment of their liberty, their property, and the civil
rights now vested in them according to the Mexican laws. With respect to political rights,
their condition shall be on an equality with that of the inhabitants of the other
territories of the United States; and at least equally good as that of the inhabitants of
Louisiana and the Floridas, when these provinces, by transfer from the French Republic and
the Crown of Spain, became territories of the United States.
The same most ample guaranty shall be enjoyed by all ecclesiastics and religious
corporations or communities, as well in the discharge of the offices of their ministry, as
in the enjoyment of their property of every kind, whether individuals or corporate. This
guaranty shall embrace all temples, houses and edifices dedicated to the Roman Catholic
worship; as well as all property destined to it's support, or to that of schools,
hospitals and other foundations for charitable or beneficent purposes. No property of this
nature shall be considered as having become the property of the American Government, or as
subject to be, by it, disposed of or diverted to other uses.
Finally, the relations and communication between the Catholics living in the
territories aforesaid, and their respective ecclesiastical authorities, shall be open,
free and exempt from all hindrance whatever, even although such authorities should reside
within the limits of the Mexican Republic, as defined by this treaty; and this freedom
shall continue, so long as a new demarcation of ecclesiastical districts shall not have
been made, conformably with the laws of the Roman Catholic Church.
[Article X stricken out by the United States amendments]
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 exacted: all in the same way, and with equal diligence and engery,
as if the same incursions were meditated or committed within it's own territory against
it's 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 it's territory, and shall be able so to do, through the
faithful exercise of it's 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 it's agent 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 it's 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 it's being settled by citizens of the United States; but on the
contrary, special care shall then be taken not to place it's 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 this 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 instalments 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 instalments shall be paid at the
expiration of one year from the same day. Together with each annual instalment, as it
falls due, the whole interest accruing on such instalment 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
dicharge 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, 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 board shall be guided and governed
by the principles and rules of decision described 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 favor
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 for 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 it's territory, it may judge proper so to fortify, for it's 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 it's 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, 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:
I. 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.
II. 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.
III. 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 impost of every kind, under
whatsoever title or denomination. Nor shall they be there subjected to any charge
whatsoever upon the sale thereof.
IV. 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.
V. 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.
VI. 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 the 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.
I. 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 sea-ports) 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 hinderance: 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.
II. 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 soldier shall be
disposed 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 it's
own troops. But, if any officer shall break his parole by leaving the district so assigned
him, or 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 it's own army; and all others shall be daily
furnished with such ration as is allowed to a common soldier in it's 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 be 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 as he pleases;
shall be allowed to receive, exempt from all duties or 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 pretence 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 it's 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 it's 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 G. CUEVAS
BERNARDO COUTO
MIGL ATRISTAIN
