Monday, September 25, 2017

Treaty of Gudalaupe Hidalgo

Treaty of Guadalupe Hidalgo



Original Art IX Original Art X  The Protocol of Queretaro    

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 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 neighbors 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 the 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 exactedall 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 installments 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 installments shall be paid-at the expiration of one year from the same day. Together with each annual installment, as it falls due, the whole interest accruing on such installment 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 canceled, 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 boa 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, They 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 custom houses, conformably with the stipulation in the third article, in such case all merchandise, effects and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply. 

ARTICLE XXI

If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. 

ARTICLE XXII

If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible: 

(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, 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 dispose( 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 office shall break his parole by leaving the district so assigned him, o 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 a he pleases; shall be allowed to receive, exempt from all duties a 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 pretense 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
LUIS P. CUEVAS
BERNARDO COUTO
MIGL. ATRISTAIN


Source:   Treaties and Conventions between the United States of America
and Other Powers Since July 4, 1776  Washington, DC : Government Printing Office, 1971




Original ARTICLE IX  The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably  with what is stipulated in the preceding Article, shall be incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights of citizens of the United States. In the mean time, they shall be maintained and protected in the enjoyment of their liberty, their property, and the civil rights now vested in them according to the Mexican laws. With respect to political rights, their condition shall be on an equality with that of the inhabitants of the other territories of the United States; and at least equally good as that of the inhabitants of Louisiana and the Floridas, when these provinces, by transfer from the French Republic and the Crown of Spain, became territories of the United States.  The same most ample guaranty shall be enjoyed by all ecclesiastics and religious corporations or communities, as well in the discharge of the offices of their ministry, as in the enjoyment of their property of every kind, whether individual or corporate. This guaranty shall embrace all temples, houses and edifices  Finally, the relations and communication between the Catholics living in the territories aforesaid, and their respective ecclesiastical authorities, shall be open, free and exempt from all hindrance whatever, even although such authorities should reside within the limits of the Mexican Republic, as defined by this treaty; and this freedom shall continue, so long as a new demarcation of ecclesiastical districts shall not have been made, conformably with the laws of the Roman Catholic Church. 

Original ARTICLE X  All grants of land made by the Mexican government or by the competent authorities, in territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid, to the same extent that the same grants would be valid, to the said territories had remained within the limits of Mexico. But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican Government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfill the said conditions within the periods limited in the same respectively; such periods to be now counted from the date of the exchange of ratifications of this Treaty: in default of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this Article.  The foregoing stipulation in regard to grantees of land in Texas, is extended to all grantees of land in the territories aforesaid, elsewhere than in Texas, put in possession under such grants; and, in default of the fulfillment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this treaty, the same shall be null and void.

THE PROTOCOL OF QUERARO  In the city of Queretaro on the twenty sixth of the month of May eighteen hundred and forty-eight at a conference between Their Excellencies Nathan Clifford and Ambrose H. Sevier Commissioners of the United States of America, with fuil powers from their Government to make to the Mexican Republic suitable explanations in regard to the amendments which the Senate and Government of the said United States have made in the treaty of peace, friendship, limits and definitive settlement between the two Republics, signed in Guadalupe Hidalgo, on the second day of February of the present year, and His Excellency Don Luis de la Rosa, Minister of Foreign Affairs of the Republic of Mexico, it was agreed, after adequate conversation respecting the changes alluded to, to record in the present protocol the following explanations which Their aforesaid Excellencies the Commissioners gave in the name of their Government and in fulfillment of the Commission conferred upon them near the Mexican Republic.  First.  The american Government by suppressing the IXth article of the Treaty of Guadalupe and substituting the III article of the Treaty of Louisiana did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabitants of the territories ceded by Mexico. Its understanding that all of that agreement is contained in the IIId article of tile Treaty of Louisiana. In consequence, all the privileges and guarantees, civil, political and religious, which would have been possessed by the inhabitants of the ceded territories, if the IXth article of the Treaty had been retained, will be enjoyed by them without any difference under the article which has been substituted.  Second.  The American Government, by suppressing the Xth article of the Treaty of Guadalupe did not in any way intend to annul the grants of lands made by Mexico in the ceded territories. These grants, notwithstandjng the suppression of the article of the Treaty, preserve the legal value which they may possess; and the grantees may cause their legitimate tities to be acknowledged before the american tribunals.  Conformably to the law of the United States, legitimate titles to every description of property personal and real, existing in the ceded territories, are those which were legitimate titles under the Mexican law in California and New Mexico up to the I3th of May 1846, and in Texas up to the 2d March 1836.  Third.  The Government of the United States by suppressing the concluding paragraph of article XIIth of the Treaty, did not intend to deprive the Mexican Republic of the free and unrestrained faculty of ceding, conveying or transferring at any time (as it may judge best> the sum of the twelve [sic] millions of dollars which the same Government of the United States is to deliver in the places designated by the amended article.  And these explanations having been accepted by the Minister of Foreign Affairs of the Mexican Republic, he declared in name of his Government that with the understanding conveyed by them, the same Government would proceed to ratify the Treaty of Guadalupe as modified by the Senate and Government of the United States. In testimony of which their Excellencies the aforesaid Commissioners and the Minister have signed and sealed in quintuplicate the present protocol. 

[Seal] A. H. Sevier

[Seal] Nathan Clifford

[Seal] Luis de la Rosa

Federal Legislation and Court Cases

 Christine A. Klein
Excerpted from:
Treaties of Conquest: Property Rights, Indian Treaties and the Treaty of Guadalupe Hidalgo, 26 N.M. L. Rev. 201, 201-204, 218-229  (Spring 1996) 
(cites omitted) 
 

Treaty of Guadalupe Hidalgo guaranteed that private property rights would be "inviolably respected" and that the inhabitants of the conquered territory would be "maintained and protected in the free enjoyment of their liberty and property ...."  The Supreme Court expressed its confidence that the United States would live up to those solemn promises:
 

[The United States] have desired to act as a great nation, not seeking, in extending their authority over the ceded country, to enforce forfeitures, but to afford protection and security to all just rights which could have been claimed from the government they superseded. 

Despite such generous pronouncements, many property rights arising under Spanish and Mexican land grants were not recognized by the United States. In California, approximately twenty-seven percent of land grant claims were rejected; in the territory of New Mexico, some seventy-six percent of such claims were rejected. 

 These land loss statistics can be attributed, in significant part, to the fact that the Treaty of Guadalupe Hidalgo was not regarded as self- executing.  As a result, Mexican property rights were not ratified by the treaty itself but had to await congressional action for their confirmation. Thus, the implementing legislation and not the treaty became effectively the "law of the land."  That legislation, in turn, required Mexican landowners to assume the burden of proving the validity of their titles and to negotiate a maze of legal requirements implemented by a system and in a language that were foreign to them.  Even confirmed land grants, moreover, were subsequently lost due to the enormous costs of litigation. 

[Courts] virtually ignored the language of the treaty in their adjudication of Hispanic land claims. Instead, judicial interpretation focused almost exclusively upon the treaty's implementing legislation--statutes that received an increasingly strict interpretation over time.  The tone of morality and judicial activism relatively common in early Indian treaty cases  was gradually replaced by an amoral pragmatism and by consistent deference to the perceived intent of Congress. 

1. The Theory of Self-Executing Treaties 

 Although the United States Constitution provides that treaties are "the supreme law of the land," a like status has been assigned to federal statutes.  In an effort to establish a hierarchy among the various types of federal law, the Supreme Court has created the doctrine of the self- executing treaty.

The principle was first enunciated in 1829 by Chief Justice Marshall in Foster v. Neilson.  Under that doctrine and contrary to the practice of other western nations, the United States recognizes that treaties can be effective and binding upon domestic courts without legislative implementation.  In Foster, plaintiffs claimed land in West Florida (now Louisiana) under a grant from the King of Spain made prior to the transfer of that territory to the United States.  The 1819 Treaty of Cession warranted that all Spanish land grants made prior to a specified date "shall be ratified and confirmed to the persons in possession of the lands, to the same extent that the same grants would be valid if the territories had remained under the dominion of his catholic majesty."  That provision, said the Court in denying plaintiffs' right to the property, was merely a promise of future action by the legislature, and not a present rule for the Court.  Despite its determination that the treaty in issue was not effective without subsequent legislation, however, the Court recognized the theoretical possibility under United States law of a self-executing treaty: 
 

    A treaty is in its nature a contract between two nations, not a legislative act. It does not generally effect, of itself, the object to be accomplished, especially so far as its operation is infra-territorial; but is carried into execution by the sovereign power of the respective parties to the instrument.

    In the United States a different principle is established. Our Constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court. 

Four years later, in United States v. Percheman,  Justice Marshall changed his position and held that the 1819 treaty with Spain was in fact self- executing. That reversal was based upon new evidence demonstrating that the Spanish version of the treaty should have been translated as land grants "shall remain ratified," rather than "shall be ratified." 

  As Foster and Percheman illustrate, the classification of treaties as either self-executing or non-self-executing is an inexact science. In the absence of specific guidance, policy considerations can play an influential role in a court's determination.  In elevating specific legislative procedures over the general property guarantees of the Treaty of Guadalupe Hidalgo, courts were swayed by a desire to separate Hispanic property from the public domain as quickly as possible in order to facilitate westward expansion.  Ironically, then, the theoretical framework of self- executing treaties emerged first in a Spanish land grant case. The theory was not applied in that case, however, nor in numerous cases construing Spanish and Mexican land grants under the subsequent Treaty of Guadalupe Hidalgo. 

2. Land Claims in California: Distinguishing Perfect from Imperfect Title 

  The land claims process in California illustrates clearly the disparity between generous treaty promises and stinting statutory implementation. There, the treaty's promise of indefinite protection was reduced by statute to a period of merely two years. Under the California Land Settlement Act of 1851,  "each and every person claiming lands in California by virtue of any right or title derived from the Spanish or Mexican government"  was required to submit such claim for adjudication before a special three-person commission.  That provision was broadly construed, with "each and every person" encompassing Hispanic land grantees,  Indian tribes,  and the State of California  itself. Failure to present a claim within two years after the Act's passage would result in a harsh penalty--the claimed property would be deemed to belong to the public domain of the United States.  The accelerated claims adjudication mandated by the Act can be attributed, in part, to the discovery of gold in California and the resultant pressure by gold prospectors to open lands to mining exploration.  Out of the 813 claims presented, the California commission confirmed title to 604 of them, involving some nine million acres of property. 

a. Decisions of the California Supreme Court 

  The Act's two-year limitation period, requiring the forfeiture of lands not presented promptly for adjudication, created a potential conflict with the treaty guarantee of inviolable respect for property rights. The state supreme court, however, minimized such conflict through a restrictive interpretation of the Act under which only imperfect titles required adjudication before the land claims commission.

 In Minturn v. Brower,  the California Supreme Court held that a land grant from the Mexican government--complete and perfect under the terms of Mexican law--was not subject to forfeiture for failure to present the grant for adjudication before the land claims commission. In reaching that decision, the court distinguished between perfect and imperfect land titles. The Treaty of Guadalupe Hidalgo was construed as self-executing such that perfect grants "stood confirmed by the treaty acting at the time of its creation, eo instanti, directly upon the subject" and need not be presented to the land claims commission for confirmation.  Imperfect or inchoate grants, in contrast, required confirmation by the new government.  Although the United States acquired the Mexican territory "charged with the duty of carrying out in good faith the obligations of the former Government," it could justly "prescribe the proceeding necessary to accomplish the duty which devolved upon it to invest the grantee with a perfect title." 

  Until 1889, the California Supreme Court exempted perfect land grants from the Act's adjudication requirement.  Such accommodation of statute and treaty comported with the United States Supreme Court's general admonition early in that century that "an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains."  It was also consistent with previous land grant decisions under earlier treaties in which the United States Supreme Court stated that under the law of nations, perfect titles were "intrinsically valid ... and ... they need[ed] no sanction from the legislative or judicial departments of this country." 

b. Botiller v. Dominguez

  The issue decided in Minturn first reached the United States Supreme Court in the 1889 case of Botiller v. Dominguez.  In Botiller, a Mexican land grantee brought an action in ejectment to recover possession of the grant from settlers claiming title under the United States' homestead laws. The plaintiff's land grant was undisputedly complete and perfect under the laws of Mexico, but had not been presented to the land claims commission for confirmation.  In reversing the decision of the California Supreme Court, the United States Supreme Court held "that no title to land in California, dependent upon Spanish or Mexican land grants can be of any validity" unless presented to and confirmed by the board of land commissioners within the time prescribed by statute.  In so holding, the Court invalidated a perfect title that had been granted by Mexico twenty years previously. 

  Botiller is an important case, documenting the Court's emerging pragmatism and increased willingness to defer to Congress in matters involving Spanish and Mexican land grants. Half a century earlier, Chief Justice Marshall had considered a similar statute governing land claims in the Florida territory acquired from Spain in 1819.  That legislation, similar to the Act at issue in Botiller, established a commission for the settlement of land claims in Florida and provided that all claims not filed with the commissioners within one year were void.  In dicta, Justice Marshall stated that "[i]t is impossible to suppose, that Congress intended to forfeit real titles, not exhibited to their commissioners within so short a period."  He supported that position with a strained interpretation of the statute such that "[t]he provision, that claims not filed with the commissioners [within one year] should be void, can mean only that they should be held so by the commissioners, and not allowed by them. Their power should not extend to claims filed afterwards." 

 The Botiller Court, in contrast, clearly believed that Congress intended to forfeit real titles not presented to the California commission within two years.  Its reasoning was influenced heavily by practical concerns created by the discovery of gold in California. The resulting "rush of emigration almost unparalleled in history" created a pressing need to distinguish private lands from those belonging to the government.  The 1851 statute, said the Court, was well tailored to accomplish that purpose provided that it was applied to all Hispanic land claims--perfect and inchoate, legal and equitable.  An expansive application of the statute, reasoned the Court, would avoid past difficulties encountered by the United States under cessions of territory in Florida and Louisiana, where attempts to distinguish private lands from the public domain "failed for want of a clear, satisfactory and simple mode of doing it, by bringing all the parties before a tribunal essentially judicial in its character, whose decisions should be final without further reference to Congress." 

 In rejecting plaintiff's argument that the California statute was invalid because it conflicted with the Treaty of Guadalupe Hidalgo, the Court considered neither the language of the treaty, nor whether a conflict actually existed, nor possible statutory interpretations that would avoid such a conflict. Instead, the Court simply read the statute literally and placed all responsibility for the consequences upon Congress: 

[S]o far as the act of Congress is in conflict with the treaty with Mexico, that is a matter in which the court is bound to follow the statutory enactments of its own government. If the treaty was violated by this general statute enacted for the purpose of ascertaining the validity of claims derived from the Mexican government, it was a matter of international concern, which the two States must determine by treaty, or by such other means as enables one State to enforce upon another the obligations of a treaty. This court, in a class of cases like the present, has no power to set itself up as the instrumentality for enforcing the provisions of a treaty with a foreign nation which the government of the United States, as a sovereign power, chooses to disregard. 

In retrospect, Botiller marked the decline of judicial activism for the protection of Spanish and Mexican land grants.


CONST. art. VI, cl. 2. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land 

Foster v. Neilson  27 U.S. (2 Pet.) 253, 314 (1829)(distinguishing self-excuting treaties from treaties requiring legislative enactment"

California Land Settlement Act of 1851  Act of March 3, 1851, ch. XLI, 9 Stat. 631 (Reducing the treaty's promise of indefinite protection of Mexican claims to a period of merely two years).

Act establishing the Office of the Sureyor General in New Mexico Act of July 22, 1854, ch. 103, 10 Stat. 308 ( Congress created the office of the surveyor general to settle the status of Spanish and Mexican land grants in the Territory of New Mexico).

Teschemacher v. Thompson 8 Cal. 11 (1861) (asserting that land owners in California had been forced to dispose of their property at half its value to pay legal expenses)

United States v. Auguisola 68 U.S. (1 Wall.) 352, 358-59 (1863)(affirming confirmation of Mexican land grant in California).

Minturn v. Brower 24 Cal. 644, 662-63 (1864) (A land grant from the Mexican government--complete and perfect under the terms of Mexican law--was not subject to forfeiture for failure to present the grant for adjudication before the land claims commission)

Botiller v. Dominguez 16 P. 241 (1887), rev'd, 130 U.S. 238 (1889) (reversing the California Supreme Court, the US Supreme Court  held "that no title to land in California, dependent upon Spanish or Mexican land grants can be of any validity" unless presented to and confirmed by the board of land commissioners within the time prescribed by statute).

Act establishing Court of Private Land Claims Act of March 3, 1891, ch. 539, 26 Stat.85 (Court was authorized to determine the validity of title and the boundaries of any lands claimed under a Spanish or Mexican grant in the territories of New Mexico, Arizona, and Utah and in the states of Nevada, Colorado, and Wyoming)

Whitney v. United States 167 U.S. 529, 547 (1897) (claimants must prove validity of alleged grant by a fair preponderance of the evidence).

United States v. Percheman


 

The New Mexico Constitution


The New Mexico Constitution 
and the Treaty of Guadalupe Hidalgo

Dr. Guillermo Lux
Professor of New Mexican History
New Mexico Highlands University
 Las Vegas, NM 87701 


 

guaranteed to the people of New Mexico, the guarantee is for the benefit of the Mexican citizens who resided in New Mexico in 1848. There are other sections in the Constitution that likewise reflect this uniqueness and the multi-cultural facets of New Mexican history. 

Nevertheless, the comprehensive coverage afforded United States citizens under the federal constitution and the broad protection extended to all New Mexicans under the proposed state constitution, why was it considered to be necessary by the state founding fathers in 1910 to include these additional guarantees in the state constitution? 


I

The 1848 Treaty of Guadalupe Hidalgo, like the state constitution, served several purposes: it ended the war between the United States and Mexico; it also incorporated into the United States the northern states of Mexico and the citizens residing there. For those citizens of Mexico, the treaty became a document (much like those drawn between the United States government and native Americans) which was intended to establish relationships between people, in this case between the conquerors and the conquered. In a sense, through this extralegal tactic by the Mexican commissioners who helped draft the treaty, the Treaty of Guadalupe Hidalgo became an interim bill of rights for the Mexican people now residing in the United States and now an incorporated part of the United States citizenry. What then were the provisions of the treaty that were so significant that they had to be reiterated in the 1910 state constitution? 

Concerning the circumstances surrounding the drafting of the treaty, Mexico, by January of 1848, was a nation prostrate at the feet of the victorious army of the north. In such a precarious position, she could hardly have been expected to make demands upon the victors. Mexico was being absorbed into the United States with only where the boundary would be drawn to be determined. Uncertain, as to exactly just what geography would be demanded and transferred, the Mexican commissioners could be certain about the presumed fate of the 100,000 or more Mexican citizens that were in New Mexico, and they demanded a Bill of Rights for these people. The Mexican commissioners did not want those Mexican citizens, although a conquered people, to be demeaned to the position of blacks in the United States, which had been outlawed since the beginning of the Mexican Republic. 

Articles VIII, IX and X were the basic three articles which expressed the intent of Mexico to protect, to the best of her compromised ability, her alienated children. (Had all three of the articles been acceptable to the United States Congress, it is possible that 20th century politico-economic history might have been different.) Article VIII asserted that the Mexicans residing in the territories previously belonging to Mexico might continue to reside there retaining their property, or return to Mexico with their property. They might elect to continue their Mexican citizenship or become United States citizens. Their property of every kind was to be "inviolably respected" as if the same belonged to citizens of the United States." In either case they should be treated with equal respect and be given full property and civil rights afforded the citizens of the United States. 

Article VIII was accepted, but articles IX and X were not. Article IX was even more explicit on the citizenship question. It demanded statehood (and hence full participation in the democratic process) as soon as possible. Article X dealt with land grants and was also expunged, setting into motion decades of ambiguity for New Mexico which resulted in land fraud and political corruption which, ironically enough, became excuses for Congress not granting statehood. 


II

There was another point of view regarding the Mexican citizens now a pert of the United States that many shared. N. C. Brooks, who wrote and published a history of the war in 1849, explains this Anglo-American position from the vantage point of the conqueror: 

The United States Congress and others concurred with Brooks. They recalled that only months earlier, Indian and Hispano New Mexicans had murdered at Taos the first Governor under United States Rule. Congress was not so sure about quick admission for New Mexico to full citizenship status. And accordingly, the change "shall be admitted at the proper time…" was inserted. Congress further substituted "as soon as Congress shall determine…" And when did Congress determine? In 1912, after New Mexico was kept out of the United States longer than any other petitioning territory and in violation of the intent of the treaty of Guadalupe Hidalgo.

The deletions and emendations in Article IX and X only served to further heighten the apprehensions of the Mexican Congress which feared Mexicans would become second class citizens. And the New Mexican now temporized over ratifying the treaty. The Secretary of State, James Buchanan (who had a reputation for being a wily politician), however, according to Robert W. Larson, "…gave full assurance to his counterpart in Mexico by pledging that congress will never turn a deaf ear to a people anxious to enjoy the privilege of self-government." 


III

How did Mexicans in New Mexico fare between 1848 and 1912 when statehood (and full citizenship) status was finally achieved? The former citizens of Mexico and their descendants became the adopted children of the United States. It was a paternalistic relationship as the Great Seal of New Mexico graphically portrayed in a publication by the Territorial Bureau of Immigration: 

In 1882, taking the Ritch description, there was an article in the Daily New Mexican, which reiterated this association between the peoples of New Mexico. 

Furthermore, there is a curious paradox here in that the treaty guarantees served to retard progress toward achieving statehood, which was also promised under the treaty. For example, there were congressional reports, which attacked New Mexicans because of their lack of English. As the historian Robert Larsen has written on this subject, a report which accompanied the Territory’s 1893 petition for statehood "attacked the contention that statehood should be withheld until every inhabitant had learned to read and write the English language, because this was contrary to the understanding which had existed among those who signed the treaty of Guadalupe Hidalgo." 

There were other problems as well: the powerful chairman of the Interior Affairs Committee, Senator Albert Beveridge, Larsen continues, "embodied some of the common and widespread prejudices of Easterners toward the Hispano, Catholic population of New Mexico. The general feeling of Anglo-Saxon superiority was certainly present in Beveridge, a leading spokesman for the new American imperialism." 

Others apparently shared this "eastern orientation." There were frequent newspaper articles attacking New Mexicans which likewise indicated strong prejudices against the Spanish-speaking people. Then there were New Mexico’s defenders. Congressman William McAdoo, Democrat from New Jersey, attacked the narrow mindlessness of New Mexico’s critics, asserting that "Spanish Americans of New Mexico were Americans by birth, sympathy and education, furnishing more troops to the Union army during the Civil War than some of the new states." And, in the Spanish-American war of 1898, the Roughriders proved their American-ness (as they would in World War I, World War II, the Korean Conflict and Vietnam). 

Nevertheless, Notwithstanding Buchanan’s vows to the contrary, it would not be until the 1910 constitution and statehood in 1912 that the intent of Article IX was finally secured and the Treaty of Guadalupe Hidalgo’s promises fulfilled. 


IV

For those Hispanos (and others as well) who assembled in Santa Fe in the fall of 1910 to draft the 1910 Constitution, given the poor record enforcement of the "interim bill of rights," it was apparent that there were levels of citizenship. It was not that the treaty was faulty, or that the Mexican commissioners had erred in there judgment. Quite to the contrary, they had been extremely perceptive in the probable course of history. The problem from 1848 to 1910 was how does an internal colony demand and get compliance. This problem was among those that the New Mexican founding fathers in 1910 addressed at the 1910 constitutional convention addressed. 

Given this brief historical background, it becomes more apparent why New Mexicans wrote a unique document in 1910. They included the "additional" bill of rights, Article II, Section 5: "…the rights, privileges and immunities, etc. of the Treaty of Guadalupe Hidalgo." These rights are again reasserted in Article VII, Section 3, which guaranteed the right to vote regardless of religion, race, language, color or ability to speak the English language. Article VIII, Section 8 mandated teacher training for Spanish-speaking children. The Spanish-American Normal School at El Rito, when the other normal schools did not assume this responsibility, was founded for this specific purpose. Article VII, Section 10 forbade racial discrimination against children of Spanish descent, and guaranteed equal access to an education. They were "…never to be denied admission to the public schools, nor ever be classed in separate schools, but shall forever enjoy perfect equality with other children in public schools…" 

In summary, the authors of the 1910 constitution drew upon the experience of the 19thcentury and drafted a document which incorporated all possible protection of the ideals of the United States Constitution and the Treaty of Guadalupe Hidalgo. Larsen says: 

"The stringent provisions regarding equality for the Spanish-speaking citizen were intended to overcome fears and apprehensions of the native population that they might be discriminated against by the Anglo majority…"

They further established, as reiterated by Larsen, an amendment process which would make it almost impossible to strip these rights from the document at a later date. The New Mexicanagreed with the amendment procedure hoping: 

"that the protection given the Spanish-speaking people would not be tampered with, for native New Mexicans had the right to protest against being put in the same status as the Negro in Mississippi." 

 

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