                     Treaty With Mexico
                            1848

  TREATY OF PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT BETWEEN THE
UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES, CONCLUDED AT
GUADALUPE HIDALGO, FEBRUARY 2, 1848; RATIFICATION ADVISED BY SENATE,
WITH AMENDMENTS, MARCH 10, 1848; RATIFIED BY PRESIDENT, MARCH 10,
1848; RATIFIED BY PRESIDENT, MARCH 16, 1848; RATIFICATIONS EXCHANGED
AT QUERETARO, MAY 30, 1848; PROCLAIMED, JULY 4, 1848.

  In the name of Almighty God:
  The United States of America and the United Mexican States
animated by a sincere desire to put an end to the calamities 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 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 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 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 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 exacted-all 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 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 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, 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 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, 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
customhouses, 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,
hose 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, prisonships, 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 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 its 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 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 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, 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         [L. S.]
                                 LUIS P. CUEVAS      [L. S.]
                                 BERNADO COUTO       [L. S.]
                                 MIGL. ATRISTAIN     [L. S.]
