Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

. (page 28 of 48)
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ject 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, imder whatsoever title or denomination.

(5) But if any merchandise, effects, or property, de-
scribed 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 resto-
ration of the custom-house at such port, no person shall be
required by the Mexican authorities, whether general or



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AMERICA^ HISTORICAL DOCUMENTS 323

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.

AsncLB 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 merchan-
dise, effects and property whatsoever, arriving at the Mexi-
can 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
establiMied by the preceding article shall apply.

Abticlb XXI

If tmhappily 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 politi*
cal or commercial relations of the two nations, the said
Governments, in the name of those nations, do promise to
each other tiiat 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



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324 AMERICAN HISTORICAL DOCUMENTS

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 sub-
ject 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 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 occupa-
tions are for the common subsistence and benefit of man-
kind, shall be allowed to continue their respective employ-
ments, 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



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AMERICAN HISTORICAL DOCUMENTS 325

an equitable price. All churches, hospitals, schools, colleges,
libraries, and other establishments for charitable and benef-
icent 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, 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 soldiers shall be dis-
posed 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 indi-
vidual, 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 arti-
cles, 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



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326 AMERICAN HISTORICAL DOCUMENTS

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 dis-
solves all treaties, nor any other whatever, shall be con-
sidered 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 na-
tions.

Article XXIII

This treaty shall be ratified by the President of the
United States of America, by and with the advice and con-
sent 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.]

[l. s.


Luis P. Cuevas


Bernado Couto


[l. s.]


MiGL. Atristain


[US.]



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FUGITIVE SLAVE ACT

(1850)

[The Fugitive Slave Act was part of the group of measures known
collectively as the " Compromise of 1850." By this compromise,
the anti-slavery party gained the admission of California as a free
ttate, and the prohibition of slave-trading in the District of Colum-
bia. The slavery party, on the other hand, besides concessions with
regard to Texas, gained this act, which, however, by its stringency
did much to rouse abolitionist sentiment in the North.]

TyB IT enacted by the Senate and House of Representa-
h^ tives of the United States of America in Congress as-
sembled. That the persons who have been, or may here-
after be, appointed commissioners, in virtue of any act of
Congress, by the Circuit Courts of the United States, and
Who, in consequence of such appointment, are authorized to
exercise the powers that any justice of the peace, or othfer
magistrate of any of the United States, may exercise in re-
spect to offenders for any crime or offense against the United
States, by arresting, imprisoning, or bailing the same under
and by the virtue of the thirty-third section of the act of the
twenty- fourth of September seventeen hundred and eighty-
nine, entitled "An Act to establish the judicial courts of
the United States" shall be, and are hereby, authorized
and required to exercise and discharge all the powers and
duties conferred by this act.

' Sec. 2. And be it further enacted, That the Superior
Court of each organized Territory of the United States
shall have the same power to appoint commissioners to take
acknowledgments of bail and affidavits, and to take depo-
sitions of witnesses in civil causes, which is now possessed
by the Circuit Court of the United States; and all com-
missioners who shall hereafter be appointed for such pur-
poses by the Superior Court of any organized Territory of
the United States, shall possess all the powers, and exercise
all the duties, conferred by law upon the commissioners

327



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328 AMERICAN HISTORICAL DOCUMENTS

appointed by the Circuit Courts of the United States for
similar purposes, and shall moreover exercise and discharge
all the powers and duties conferred by this act.

Sect. 3. And be it further enacted, That the Circuit
Courts of the United States shall from time to time enlarge
the number of the commissioners, with a view to afford rea-
sonable facilities to reclaim fugitives from labor, and to the
prompt discharge of the duties imposed by this act.

Sec. .4. And be it further enacted, That the commissioners
above named shall have concurrent jurisdiction with the
judges of the Circuit and District Courts of the United
States, in their respective circuits and districts within the
several States, and the judges of the Superior Courts of the
Territories, severally and collectively, in term-time and
vacation; shall grant certificates to such claimants, upon
satisfactory proof being made, with authority to take and
remove such fugitives from service or labor, under the
restrictions herein contained, to the State or Territory from
which such persons may have escaped or fled.

Sec. 5. And be it further enacted. That it shall be the
duty of all marshals and deputy marshals to obey and exe-
cute all warrants and precepts issued under the provisions of
this act, when to them directed; and should any marshal or
deputy marshal refuse to receive such warrant, or other proc-
ess, when tendered, or to use all proper means diligently to
execute the same, he shall, on conviction thereof, be fined
in the sum of one thousand dollars, to the use of such
claimant, on the motion of such claimant, by the Circuit
or District Court for the district of such marshal; and
after arrest of such fugitive, by such marshal or his deputy,
or whilst at any time in his custody under the pro-
visions of this act, should such fugitive escape, whether with
or without the assent of such marshal or his deputy, such
marshal shall be liable, on his official bond, to be prosecuted
for the benefit of such claimant, for the full value of the
service or labor of said fugitive in the State, Territory, or
District whence he escaped: and the better to enable the
said commissioners, when thus appointed, to execute their
duties faithfully and efficiently, in conformity with the
requirements of the Constitution of the United States and



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AMERICAN HISTORICAL DOCUMENTS 329

of this act, they are hereby authorized and empowered,
within their counties respectively, to appoint, in writing
under their hands, any one or more suitable persons, from
time to time, to execute all such warrants and other process
as may be issued by them in the lawful performance of their
respective duties; with authority to such commissioners, or
the persons to be appointed by them, to execute process as
aforesaid, to summon and call to their aid the bystanders,
or posse comitatus of the proper county, when necessary
to ensure a faithful observance of the clause of the Consti-
tution referred to, in conformity with the provisions of this
act; and all good citizens are hereby commanded to aid and
assist in the prompt and efficient execution of this law,
whenever their services may be required, as aforesaid, for
that purpose; and said warrants shall run, and be executed
by said officers, any where in the State within which they
are issued.

Sec. 6. And be it further enacted, That when a person
held to service or labor in any State or Territory of the
United States, has heretofore or shall hereafter escape
into another State or Territory of the United States, the
person or persons to whom such service or labor may be due,
or his, her, or their agent or attorney, duly authorized, by
power of attorney, in writing, acknowledged and certified
under the seal of some legal officer or court of the State
or Territory in which the same may be executed, may pur-
sue and reclaim such fugitive person, either by procuring a
warrant from some one of the courts, judges, or commis-
sioners aforesaid, of the proper circuit, district, or county,
for the apprehension of such fugitive from service or labor,
or by seizing and arresting such fugitive, where the same
can be done without process, and by taking, or causing
such person to be taken, forthwith before such court, judge,
or commissioner, whose duty it shall be to hear and de-
termine the case of such claimant in a summary manner;
and upon satisfactory proof being made, by deposition or
affidavit, in writing, to be taken and certified by such court,
judge, or commissioner, or by other satisfactory testimony,
duly taken and certified by some court, magistrate, justice
of the peace, or other legal officer authorized to administer



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330 AMERICAN HISTORICAL DOCUMENTS

an oath and take depositions under the laws of the State
or Territory from which such person owing service or labor
may have escaped, with a certificate of such magistracy or
other authority, as aforesaid, with the seal of the proper
court or officer thereto attached, which seal shall be sufficient
to establish the competency of the proof, and with proof,
also by affidavit, of the identity of the person whose ser-
vice or labor is claimed to be due as aforesaid, that the
person so arrested does in fact owe service or labor to the
person or persons claiming him or her, in the State or Terri-
tory from which such fugitive may have escaped as afore-
said, and that said person escaped, to make out and deliver
to such claimant, his or her agent or attorney, a certificate
setting forth the substantial facts as to the service or labor
due from such fugitive to the claimant, and of his or her
escape from the State or Territory in which he or she was
' arrested, with authority to such claimant, or his or her
agent or attorney, to use such reasonable force and restraint
as may be necessary, under the circumstances of the case,
to take and remove such fugitive person back to the State
or Territory whence he or she may have escaped as afore-
said. In no trial or hearing under this act shall the testi-
mony of such alleged fugitive be admitted in evidence ; and
the certificates in this and the first [fourth] section men-
tioned, shall be conclusive of the right of the person or
persons in whose favor granted, to remove such fugitive
to the State or Territory from which he escaped, and shall
prevent all molestation of such person or persons by any
process issued by any court, judge, magistrate, or other
person whomsoever.

Sec. 7. And be it further enacted, That any person who
shall knowingly and willingly obstruct, hinder, or prevent
^ such claimant, his agent or attorney, or any person or per-
1^ sons lawfully assisting him, her, or them, from arresting
such a fugitive from service or labor, either with or without
process as aforesaid, or shall rescue, or attempt to rescue,
such fugitive from service or labor, from the custody of
such claimant, his or her agent or attorney, or other person
or persons lawfully assisting as aforesaid, when so arrested,
pursuant to the authority herein given and declared; or



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AMERICAN HISl'ORICAL DOCUMENTS 331

shall aid, abet, or assist such person so owing service or labor
as aforesaid, directly or indirectly, to escape from such
claimant, his agent or attorney, or other person or persons
legally authorized as aforesaid; or shall harbor or conceal
such fugitive, so as to prevent the discovery and arrest of
such person, after notice or knowledge of the fact that
such person was a fugitive from service or labor as afore-
said, shall, for either of said offences, be subject to a fine
not exceeding one thousand dollars, and imprisonment not
exceeding six months, by indictment and conviction before
the District Court of the United States for the district in
which such offence may have been committed, or before the
proper court of criminal jurisdiction, if committed within
any one of the organized Territories of the United States;
and shall moreover forfeit and pay, by way of civil damages
to the party injured by such illegal conduct, the sum of one
thousand dollars for each fugitive so lost as aforesaid, to
be recovered by action of debt, in any of the District or
Territorial Courts aforesaid, within whose jurisdiction the
said offence may have been committed.

Sec. 8. And be it further enacted. That the marshals,
their deputies, and the clerks of the said District and Terri-
torial Courts, shall be paid, for their services, the like fees
as may be allowed for similar services in other cases; and
where such services are rendered exclusively in the arrest,
custody, and delivery of the fugitive to the claimant, his
or her agent or attorney, or where such supposed fugitive
may be discharged out of custody for the want of sufficient
proof as aforesaid, then such fees are to be paid in whole
by such claimant, his or her agent or attorney; and in all
cases where the proceedings are before a commissioner,
he shall be entitled to a fee of ten dollars in full for his
services in each case, upon the delivery of the said certifi-
cate to the claimant, his agent or attorney; or a fee of five
dollars in cases where the proof shall not, in the opinion
of such commissioner, warrant such certificate and delivery,
inclusive of all services incident to such arrest and examin-
ation, to be paid, in either case, by the claimant, his or her
agent or attorney. The person or persons authorized to
execute the process to be issued by such commissioner for



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332 AMERICAN HISTORICAL DOCUMENTS

the arrest and detention of fugitives from service or labor
as aforesaid, shall also be entitled to a fee of five dollars
each for each person he or they may arrest and take before
any commissioner as aforesaid, at the instance and request
of such claimant, with such other fees as may be deemed
reasonable by such commissioner for such other additional
services as may be necessarily performed by him or them;
such as attending at the examination, keeping the fugitive
in custody, and providing him with food and lodging during
his detention, and until the final determination of such
commissioners; and, in general, for performing such other
duties as may be required by such claimant, his or her
attorney or agent, or commissioner in the premises, such
fees to be made up in conformity with the fees usually
charged by the officers of the courts of justice within the
proper district or county, as near as may be practicable,
and paid by such claimants, their agents or attorneys,
whether such supposed fugitives from service or labor be
ordered to be delivered to such claimant by the final deter-
mination of such commissioner or not.

Sec. 9. And be it further enacted, That, upon affidavit
made by the claimant of such fugitive, his agent or attorney,
after such certificate has been issued, that he has reason
to apprehend that such fugitive will be rescued by force
from his or their possession before he can be taken beyond
the limits of the State in which the arrest is made, it shall be
the duty of the officer making the arrest to retain such fugi-
tive in his custody, and to remove him to the State whence
he fled, and there to deliver him to said claimant, his agent,
or attorney. And to this end, the officer aforesaid is hereby
authorized and required to employ so many persons as he
may deem necessary to overcome such force, and to retain
them in his service so long as circumstances may require.
The said officer and his assistants, while so employed, to
receive the same compensation, and to be allowed the same
expenses, as are now allowed by law for transportation
of criminals, to be certified by the judge of the district
within which the arrest is made, and paid out of the treas-
ury of the United States.

Sec. 10. And be it further enacted. That when any per-



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AMERICAN HISTORICAL DOCUMENTS 333

son held to service or labor in any State or Territory, or in



Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 28 of 48)