Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

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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 un-
necessary 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.

ASTICLB XII

In consideration of the extension acquired by the boun-
daries 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 Govern-
ment by that of the United States, at the city of Mexico,
in the gold or silver com of Mexico. The remaining twelve
millions of dollars shall be paid at the same place, and in
I 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 Govern-
ment, 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 b^hming shall also
be paid.

abticlb xni

The United States engage, moreover, to assume and pay
to the claimants all the amounts now due them, and those



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AMERICAN HISTORICAL DOCUMENTS 319

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 con-
cluded 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 what-
ever on account of tiie said claims.



Article XIV

The United States do furthermore discharge the Mexican
Republic from all claims of cititzens of the United States,
not heretofore decided against the Mexican Government,
which may have arisen previously to the date of the signa-
ture of this treaty; which discharge shall be final and per-
petual, 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.

Abticle 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 valid-
ity 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 de-
cision prescribed by the first and fifth articles of the un-
ratified 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



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320 AMERICAN HISTORICAL DOCUMENTS

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 claim-
ant, imtil 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 en-
tire 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 incom-
patible 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.



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AMERICAN HISTORICAL DOCUMENTS 321

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 sub-
sequently 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.

Abticle 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 im-
ported 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 sub-

HC xLm (zx)



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S22 AMERICAN HISTORICAL DOCUMENTS

sequently 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 prop-
erty being, however, at the time of their importation, sub-
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, under whatsoever title or denomination.

(5) But if any merchandise, effects, or property, de-
scribed in the first and second rtiles, 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.

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 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
established by the preceding article shall apply.

Articlb 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 politi-
cal 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



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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 imhappily 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 [u s.

Luis P. Cuevas [l. s.

Bernado Couto [l. s.

MiGL. Atristain [l. s.^



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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
state, 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.]

J\E IT enacted by the Senate and House of Representa-
#j 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 other
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



Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 33 of 48)