any Indian tribe within the limits ceded by the 4th article to the United
States, the Government of the said United States shall exact their release,
and that they be restored to liberty and to their homes in Mexico.
" 3d. Immediately after tl xchange of the ratifications of this treaty,
all the forts, places, and possessions, which may have been taken or occu-
pied during this presenl war. within the limits fixed by the 4th article for
this Republic, shall be restored to the Mexican Republic. In like manner
shall be restored the artillery, arms, and ammunition that were in all the
castle- and BtTOTlgholds when they fell into the power of the troops of the
I d States. With respecl to the artillery taken outside of the said
- and fortified places, that which is still in the power of the United
POLK ADMINISTRATION. 237
sumed. At this time, the effective force of General
Scott was not quite 9,000 men ; and with this force
an attempt was to be made to take the city, after
States troops shall be returned to Mexico at the date of the signing of the
present treaty.
" 4th. The dividing line between the two Republics shall commence in
the Gulf of Mexico, three leagues from land, opposite the southern mouth
of the bay of Corpus Christi, shall run in a straight line from within the
said bay to the mouth of the river Nueces, thence through the middle of
that river, in all its course, to its source ; from the source of the river
Nueces shall be traced a straight line until it meets the present frontier
of New Mexico, on the east-southeast side : it shall then follow the pre-
sent boundary of New Mexico on the east, north, and west, until this last
touches the 37th degree, which will serve as a limit for both Republics
from the point in which it touches the said frontier of the west of New
Mexico to the Pacific Ocean. The Government of Mexico promises not
to found any new settlements or establish colonies in the tract of land
which remains between the river Nueces and the Bravo del Norte.
" 5th. As a just compensation for the extension of their old limits,
which the United States acquire by the previous article, the Government
of the said United States is bound to pay over to the Republic of Mexico
the sum of , which shall be placed in the city of Mexico at the dis-
posal of the said Government of the Mexican Republic, in the act of ex-
changing the ratifications of this treaty.
" 6th. The Government of the United States is further bound to take
upon itself, and satisfy fully, the claimants to all the instalments which
are due up to this time, and may become due in future, by reason of the
claims now liquidated and decided against the Mexican Republic, agreea-
bly to the conventions arranged between the two Republics on the 11th of
April, 1839, and 30th of January, 1843, in such manner that the Mexican
Republic shall have absolutely no further payment to make on account of
said claims.
" 7th. The Government of the United States is also bound to take
upon itself, and pay fullyj all the claims of its own citizens, not yet de-
cided against the Mexican Republic, whatever may be the title or motive
from which they may proceed, or on which they are founded : so that
from the date of the exchange of the ratifications of the present treaty,
the accounts of every kind that exist, or may be supposed to exist, be-
tween the Government of Mexico and the citizens of the United States,
shall remain settled definitely and for ever.
" 8th. In order that the Government of the United States may be able
238 HISTORY OF T II E
the Mexicans had had more than two weeks to pre-
pare for its defence, and to recover from the dismay
produced by the victories of Contreras and Chum-
to satisfy, in observance of the previous article, the claims not yet decided,
of its citizens against the Mexican Republic, there shall be established by
the Government of the said United States a tribunal of commissioners,
whose decision shall be conclusive and definitive : provided that, in de-
ciding on the validity of any demand, it may be adjusted by the principles
and rules which were established in the articles 1st and 5th of the con-
vention (not ratified) which was concluded in Mexico on the 20th of
November, 1843, and in no case shall a decision be given in favor of any
claim which is not adjusted pursuant to the aforesaid rules. If the tri-
bunal of commissioners deem it necessary for the just decision of any
demand to examine books, registers, or documents, which are in the
[K.wer of the Mexican Government, the Government of the United States
shall make application for them, and either the originals or faithful copies
Bhall be sent to it for the purpose of being, as they may, communicated to
id tribunal : it being understood that there shall not be made by the
Government of the United States any application for the said books,
era, or documents, until it shall he specified in each case under
oath, or with judicial sanction on the part of the claimant in the case, the
tads soughl to be proved with such hooks, registers, or documents.
"9th. All the temples, houses, ami edifices, dedicated to the rites or
exercises of the Catholic worship, in territories belonging hitherto to the
Mexican Republic, and which, by the 4th article of this treaty, will be
within the limits of the United States, shall remain dedicated to the same
rites and exercises of the Catholic religion, without any change, and
under the special protection of the laws. The same shall be the case
with all property, movable and immovable, which, within the said terri-
tories is dedicated to the support of the Catholic worship, or the support
of Bchools, hospitals, and other establishments of charity or benevolence.
Finally, the relations and communications of the Catholics, living in the
same territories with their respective ecclesiastical authorities, shall be
frank, tree, and without any embarrassment, even though the said autho-
rities have their residence within the limits which remain subject to the
Mexican Republic in this treaty ; nor shall there be any demarkation of
il districts, except conformably to the laws of the Catholic
Church.
" 10th. The Mexicans residing in territory heretofore belonging to
Mexico, and now in the limits of the United States, may at any time re-
turn to the Mexican Republic, preserving in the said territory the property
POLK ADMINISTRATION. 239
busco. The closing scenes of the war were re-
opened by the sanguinary battle of Molino del
Rey. On the 7th, a reconnoisance was made in the
they possess; may transfer and convey its value wherever it suits them,
without, on this account, being liable to the exaction, by the United
States, of any kind of contribution, tax, or impost. If the persons here
treated of prefer to remain in the territories they now inhabit, they may
preserve the title and rights of Mexican citizens, or at once acquire the
title and rights of citizens of the United States, if they wish it. But in
all cases they and their property shall enjoy the most ample security.
" 11th. All the grants of lands made by Mexican authorities in terri-
tories belonging heretofore to the Republic, and by this treaty to be for
the future within the limits of the United States, shall be valid and per-
manent, and shall be sustained and guarded for ever by the Government
of the said United States.
" 12th. The Republic of the United States promises solemnly, not t<
permit hereafter the annexation of any district or territory, comprehended
in the limits which, by the present treaty, are assigned to the Mexican
Republic. This solemn agreement has the character of a condition from
the territorial cessions which Mexico now makes to the Republic of
North America.
" 13th. All goods now in the Mexican ports occupied by the North
American troops, shall pay the duties established by the tariff of the Mex-
ican Republic, provided they have not before paid duties to that Republic ;
but they shall not incur the penalty of confiscation.
" 14th. The Government of the United States shall satisfy, according
to just terms, the claims of Mexican citizens for the injury sustained in
their affairs by the North American troops.
" 15th. The present treaty shall be ratified," &c.
NOTE WHICH ACCOMPANIED THE COUNTER PROJECT.
" To his Excellency, Senor. D. Nicholas P. Trist, Commissioner, uitli full
powers, of the Government of the United States, near the Government of the
Republic of Mexico.
"House of Alfaro, at Chapultepec, Sept. 6, 1847.
" The undersigned, commissioners of the Mexican Republic, to form
with you an agreement of peace, placing in your hands the counter pro-
jet which they have formed in accordance with the last instructions of
their Government, deem it opportune to accompany it with the observa-
tions which this note contains, which will serve to show more clearly the
240 IIISTOEY OF THE
vicinity of Chapultepec, under the eye of the Com-
mander-in-chief, which resulted in obtaining a fair
observation of the configuration of the grounds, but
without placing in the possession of the reconnoiter-
pacific disposition of Mexico in the contest which unfortunately divides
both countries.
■• Article 4lh of the projet, which you were pleased to deliver to us
on the evening of the 27th ultimo, and which was discussed at our pre-
vious conferences, imports the cession of part of Mexico. 1st. The
State of Texas ; 2d. Of the territory without the limits of the said State,
which extends to the left bank of the Bravo and to the southern boundary
of New Mexico; 3d. All New Mexico; 4th. Of the two Californias.
" The war which now exists has been caused solely on account of the
territory of the State of Texas, to which the Republic of North America
i title, the act of the same State by which it annexed itself to
the North American confederacy, after having proclaimed its indepen-
dence of Mexico. The Mexican Republic agreeing, (as we have mani-
fested to you that it does,) on account of the owing indemnity, to the
pretensions of the Government at Washington to the territory of Texas,
the cause of the war lias disappeared, and it should cease, since all the
reasons for continuing it has ceased to exist. In regard to the other
territories comprehended in the 4th article of your projet, until now the
Republic of North America has urged no claim, nor did we believe it
possible that any could be alleged. It then could not acquire them but
by right of conquest, or by that which would result from sale or cession,
to which it would now force Mexico. Cut as we are persuaded that the
Republic of Washington would not only absolutely repel, but would hold
in odium the first of these titles, and as, on the other hand, it would be
a new thing thai war should be made upon a people for the simple
i that it refuses to sell a territory which its neighbor wishes to
purchase; we hope, from the justice of the Government and people of
North America, that the great modification which we have to propose of
the cession of territory (without the State of Texas) which is claimed
in the said article 4th, will not be considered a motive for continuing a
war which the worthy general of the North American forces as justly
characterized as uncommon (desnaturalizada).
" In our conferences we have declared to you that Mexico cannot
• belt of land comprehended between the left bank of the Bravo
an'! th' ri'.'lit nl the Nueces. The reason of this is not only the full
certainty thai the stated territory never has belonged to the State of Texas,
nor that it is of great value, considered in itself. It is that this zone, with
POLK ADMINISTRATION. 241
ing party the nature of the defences which it was de-
signed to carry. General Worth was ordered with his
division, reinforced by three squadrons of dragoons,
three pieces of field artillery, two battering guns, and
the Bravo at its back, forms the natural frontier of Mexico, as much in a
military as in a commercial point of view ; and of no people should it be
claimed, nor should any people consent to abandon such a frontier. But,
in order to remove all cause of dissension for the future, the Government
of Mexico binds itself not to found new settlements or establish colonies
in the space between the two rivers ; in this manner preserving it in the
depopulated state in which it now exists, presenting equal security to both
republics. The preservation of this territory is, according to our instruc-
tions, a condition sine qua non of peace. Sentiments of honor and deli-
cacy, (which your noble character will cause you to estimate properly,)
more than a calculation of interest, prevent our Government from con-
senting to the dismemberment of New Mexico. On this point we believe
it to be superfluous to add any thing to what we have already stated to
you in our conferences.
" The cession of Lower California, little profitable to North America,
offers great embarrassments, considering the position of that peninsula,
opposite our coast of Sonora, from which it is separated by the Gulf of
Cortez.
" You have given to our observations on this subject their true value,
and we have learned with satisfaction that you have been convinced by
them.
" Besides the preservation of Lower California it would be necessary
for Mexico to retain a portion of the Upper ; otherwise that peninsula
would remain without land communication with the remainder of the Re-
public, which would always be a great embarrassment, especially for a
non-maritime power, such as Mexico. The cession of the part of Upper
California, offered by our Government, (for the compensation,) will not
bring to the United States merely fertile lands and intact mineral wealth,
but presents the advantage of an uninterrupted communication with its
territories of Oregon. The wisdom of the Government of Washington,
and the energy of the American people, will know how to draw abundant
fruits from the acquisition which we now offer them.
' : In Article 8 of your projet, the concession of a free passage by the
Isthmus of Tehuantepec to the southern sea, is claimed in favor of the
North Americans. We have verbally stated to you, that some years have
elapsed since the Government gave a privilege of this kind to a particular
individual, who afterwards transferred it, with the authority of the same
16
242 HISTORY OF THE
Cadwalader's brigade, to storm the intrenchments,
and tli-.-troy the machinery and material which it was
supposed was in the foundry Kl Mblino del Rey. It
discovered by Captain Mason of the engineer
Government, to English subjects, of whose rights Mexico cannot dispose.
You will not complain, therefore, that in this point we cannot accede to
the desires of your Government.
" We have entered into this ingenuous explanation of the motives of
the Republic for not ceding all the territory beyond the boundaries of
Texas, which is required of it, because we desire that the Government and
North American people should be convinced that our partial negative does
not proceed from sentiments otaversii >n generated by the events of this war,
or what has caused Mexico to suffer, but only from considerations dic-
tated by reason and justice, and which would equally influence it at any
time with the most friendly people, and in the midst of relations of the
strictest amity. The other alterations which you will find in our counter
prqjet, are of less importance ; and we believe that to them you will find
no important objection. The contents of Article 12 have been already
spoken of in vour country. We flatter ourselves that, your Government
will not refuse to contract an obligation so conformable to honor, and to
the harmony in which two neighboring people should live.
•• P iace !» tween the two countries will be most solemnly established,
if a foreign power, (England,) which has in the present contest so nobly
interposed its good offices, would now consent to guarantee the faithful
observance of the treaty which may be entered into. The Government of
Mexico understands that it would be convenient to solicit this guarantee.
" Our Government has commanded us to recommend to you that your
i upon the counter frqjel, which we have the honor to submit to
yon. should be communicated within three days.
â– The salutary work of peace cannot, in our opinion, come to a happy
termination, if each one of the contending parties should not resolve to aban-
don some of its original pretensions. This has in all cases happened, and all
have not hesitated, in such cases, to make greal sacrifices to ex-
tinguish the desolating flame of war. Mexico and the United States have
: reasons for acting in this manner. Not without sorrow ought we
to confess, that we are giving to humanity the scandalous example of two
Christian people of two republics, in the view of all the monarchies, who,
for .1 dispute concerning boundaries, mutually do themselves all the injury
that is possible, when wo have more land than is sufficient to populate and
cultivate, in the beautiful hemisphere in which Providence has cast our
lot. We venture to recommend the con iderations to your Excellency,
POLK ADMINISTRATION. 243
corps, by a reconnoisance which exhibited great
daring, that the left of the enemy occupied several
strong stone buildings, called El Molino del Rey,
in the vicinity of the castle of Chapultepec, and
immediately under the guns of that celebrated for-
tress, while the right of his line rested upon another
stone building, called Cassa M&ta. Between these
buildings was the Mexican field battery, which was
defended by strong columns of infantry ; and as this
was considered the vulnerable point, Worth deter-
mined to attack and carry it.* For this purpose
Colonel Garland's brigade was ordered to take po
sition on the right, strengthened by two pieces of
Captain Dunn's battery. A storming party of 500
picked men, under the command 0^ Major Wright,
was ordered to carry the centre, while the second
brigade, with Colonel Duncan's battery, was directed
to take position nearly in front of the Cassa Mata,
and Cadwalader's brigade was held in reserve. At
three o'clock on the morning of the 8th, the assault-
ing party ' advanced with great impetuosity, and
took the enemy's battery at the point of the bay-
onet ; but the Mexicans discovering by what a
small body of men they had been driven from their
guns, returned to the assault, and assisted by that
before you may take any definitive resolution on our propositions. We do
ourselves the honor to offer to you our attention and respect.
"JOSE JOAQUIN DE HERRERA,
"BERNARDO COUTO,
" IGNACIO MORA Y VILLAMIL,
" MIGUEL ATRISTAIN."
See Mexican History of the War with Mexico.
* Report of General Worth, September 10th, 1847.
244 HISTORY OF THE
portion of the enemy who were protected in the
Molino del Rey, they inflicted a terrible loss upon
the Americans. The right wing of Cadwalader's
brigade was ordered forward as a reinforcement,
and the enemy were again driven from their guns
with great slaughter. The battery under Duncan
c< >nimenced rapid discharges upon the enemy's right,
and the second brigade under the command of Co-
lonel Mcintosh, was ordered to assault the same
position. That gallant brigade, composed of vete-
ran-, whose courage had been often tried upon the
battle-field, advanced steadily to the charge. But,
instead of finding that part of the ground defended
by a field battery, they came at once in front of an
almost i in pregnable stone citadel, strongly de-
fended by a large body of Mexican infantry, who
opened upon the advancing columns an appalling
fire of musketry. Still the Americans closed up
their ranks as fast as the storm of balls swept them
aw ay. Accustomed to carnage and slaughter, on-
ward they advanced against the iron hail, which,
without intermission, poured upon them an incessant
tide of death, until they reached the very slope of the
parapet which environed the citadel. But it required
more than mortal endurance to withstand the sheet
of fire which continued to pour from the Mexican
lines; and the soldiers who composed that cele-
brated brigade, who upon many a bloody field had
established a character for invincibility, faltered be-
fore the awful flame which blazed from the Mexi-
can guns. Colonel Scotl was killed, and Colonel
Mcintosh and Major Waite were desperately wound-
POLK ADMINISTRATION. 245
ed; and those hardy veterans, for the first time
thrown into disorder, fell back, l>ut rallied in the
rear of Duncan's battery. In the mean time, Major
Summer's command passed in front of the Cassa
Mata, and within pistol shot of that citadel, for
the purpose of gaining a more favorable position,
and here the second scene of carnage occurred.
Summer's command advanced with great gallantry ;
but before they could pass the Cassa Mata, five
officers and thirty-three soldiers were wounded, six
soldiers were killed, and twenty-seven horses were
killed, and seventy-seven wounded. Duncan's bat-
tery now re-opened its fire upon the Cassa Mata,
and in a short time the Mexicans were driven from
it. Every point upon the field was now in the pos-
session of the Americans ; but they had purchased
the victory by a sacrifice of life, which cast a gloom
over the whole American army. When we take
into consideration the strength of the Mexican
position, the number of troops which defended it,
the awful fury of the battle which raged for two
hours before it was carried, and the horrible slaugh-
ter of the American troops, we can come to no
other conclusion, than that it was by far the most
bloody and sanguinary engagement winch was ever
fought upon this continent. The results of the vic-
tory have not been regarded as commensurate
with the loss sustained by the American troops.
There was no foundry to be destroyed, and to take
the position, and then abandon it, has been regarded
as doubtful policy. It is quite probable, that if
Worth's division had been reinforced, the castle of
246 HISTORY OF THE
Chapultepec could have been easily taken ; but his
command when Hushed with victory, were prevented
from reaping a substantial triumph, which the pos-
session of the castle would have yielded. As it was,
the principal fruits of the victory were the terror
produced in the ranks of the enemy, by the obsti-
nate and irresistible impetuosity of the American
troops.*
The number of Mexicans engaged was more
than L4,000, commanded by Santa Anna; while the
A i aericans engaged did not exceed 3,100 men. The
1. — ( >f the Americans in killed and wounded amount-
ed to more than 700 ; and among the officers who lost
their lives upon this memorable field, were some of
the brightest ornaments of the service, who had
often escaped death in the midst of slaughter.
General Worth, who was desirous of following
up his victory by an attack upon Ohapultepec, re-
tained to Tacubaya under the reiterated orders of
the Coniniander-in-ehief.f
* " To set this matter at rest, let it be said that it is now known in
Mexico, that Santa Anna was in possession of a copy of General Scott's
nnl.-r to attack the .Molino del Rey, in a few hours after it was written ;
ajul duringthe whole of the 7th, troops were, as you state, taking up their
positions on that ground. It is believed, further, that Santa Anna knew
the precise force thai was to attack.
'• When, therefore, Scott supposed that Worth would surprise the
Mills and Cassa Mata, he was met by what? Shall the veil be raised
8 little further .' There was a traitor among the list of high ranking offi-
cers in the Mexican army, and for gold he had told your force. Scott
had been betrayed by one uol an American, not an officer or soldier, but
Santa Anna was betrayed by one of his own officers, and a .Mexican.
Santa Anna believed the information he received, and acted on it.
General Scotl did not believewhal he learned at night, and — the victory
was won." — Sole by the American Editor of the Mexican History of the
War with Mexico.
f " The second modification was in the end to be gained as the result
POLK AD MINIS TE ATION. 247
The supposition that General Scott entertained
the belief that El Molino del Rey could be easily ta-
ken, could alone justify an isolated attack upon that
point, not to be followed up by an assault upon the
castle of Chapultepec, because the result of the vic-
tory was not comniensurate with the loss sustained.
Reconnoisances were made along the southern
part of the city, in the vicinity of the gates of Pie-