"ARTICLE 16

"Whereas, the High contracting Parties to this Convention desire to remove all causes of complaint between the two countries, and therefore to provide for the adjustment of all claims, which the two governments may have against each other, it is further agreed: That all claims which the two governments may have against each other, of a pecuniary character, shall be presented to the government, against which such claims is made; and if reparation is not made within six months, the same shall be immediately referred to the arbiter provided for in the 7th Article of this Convention, and who is to decide, in case of difference, the claims of the citizens of the two countries. His decision in these cases shall be final and conclusive, and all such cases shall be decided within one year after they are submitted to him, and according to the principles hereinbefore expressed. And all such cases as involve the good name and national honor of either of the two countries, shall be treated diplomatically, and in the manner usual amongst nations in the settlement of questions of international right; and more especially it is understood that it is not intended to submit to the aforesaid umpire the question of Boundaries between the two countries, which shall be arranged according to the stipulations of existing treaties between the said countries."

Article 17th, line 3, Strike out the word "three" and insert "six."

EXHIBIT E. ACT OF AUGUST 10, 1846 (9 STAT. 94)

AN ACT Making Appropriations for the civil and diplomatic Expenses of Government, for the Year ending the thirtieth Day of June, eighteen hundred and forty-seven, and for other Purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and hereby are, appropriated to the objects hereinafter expressed, for the year ending the thirtieth day of June, eighteen hundred and forty-seven, to be paid out of any unappropriated money in the Treasury, viz:

For paying the principal and interest of the fourth and fifth installments of the Mexican indemnities due in April and July, in the year eighteen hundred and forty-four, the sum of three hundred and twenty thousand dollars: Provided, The claimants, each for himself, shall relinquish to the United States his right to said installments: Provided further, That each of the claimants shall agree to take in payment the scrip of a stock bearing interest at five per cent, payable in five years.

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Approved, August 10, 1846.

EXHIBIT F. ACT OF JULY 29, 1848 (9 STAT. 265)

AN ACT For the Payment of liquidated Claims against Mexico

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the treasury not otherwise appropriated, to the claimants, or their legal representatives, the amount now due by reason of the claims already liquidated, and decided against the Mexican republic, under the conventions between that republic and the United States, severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and the thirtieth day of January, eighteen hundred and forty-three, and for which certificates have been issued by the Secretary of the Treasury: Provided, That, before such payment, the said claimants, or their legal representatives, shall surrender and deliver up the certificates issued to them, respectively, from the Treasury Department of the United States, under the provisions of the act of Congress of the first of September, eighteen hundred and forty-one.

SEC. 2. And be it further enacted, That all interest shall cease from the day of payment, which shall be notified by the Secretary of the Treasury, not exceeding ninety days from the passage of this act.

Approved, July 29, 1848.

EXHIBIT G-ACT OF MARCH 3, 1849 (9 STAT. 393)

AN ACT To carry into effect certain Stipulations of the Treaty between the United States of America and the Republic of Mexico, of the second Day of February, one thousand eight hundred and forty-eight

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States, by and with the advice and consent of the Senate, shall appoint three persons, who shall constitute a board of commissioners, to meet at the city of Washington, at some early day, to be designated by the President, whose duty it shall be to receive and examine all claims of citizens of the United States upon the republic of Mexico, which are provided for by the treaty between said governments of the United States and Mexico, concluded on the second day of February, eighteen hundred and forty-eight, and which may be presented to the said board of commissioners, and to decide thereon according to the provisions of the said treaty, and of 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.

SEC. 2. And be it further enacted, That the said board of commissioners shall have a secretary, versed in the English and Spanish languages, to be appointed by the President, by and with the advice and consent of the Senate; and the said board is hereby authorized to appoint a clerk, and to make all needful rules and regulations, not contrary to the laws of the United States or the provisions of said treaties, for carrying their said commission into full effect. SEC. 3. And be it further enacted, That all records, documents, and papers, which now are, or hereafter, until the close of said commission, may come into the possession of the Department of State, having relation to said claims, shall be delivered to the said board; and when the said Commission shall be concluded, the journal of its proceedings, together with all the records, documents, and papers which shall have come into its possession relating to the business of said board, shall be deposited in the office of the Secretary of State; and the period of one year from and after the organization of said board is hereby designated, within which said commissioners may, at the instance of any claimant or claimants, apply, through the Secretary of State of the United States, to the Mexican Minister of Foreign Affairs, for all such books, records, or documents, in the possession or power of the government of the Mexican republic, as shall be deemed necessary to the just decision of any claim or claims submitted to said board, in conformity with the provisions of said treaty.

SEC. 4. And be it further enacted, That the Secretary of State is required, as soon as the President shall have designated the day for the meeting of the said board, to give public notice thereof, and to cause said notive to be published in such newspapers as are authorized to publish the laws of the United States. SEC. 5. And be it further enacted, That the compensation of the respective officers for whose appointment provision is made by this act, shall be as follows, namely: To each of said commissioners at the rate of three thousand dollars per annum; to the secretary of the board at the rate of two thousand dollars per annum; and to the clerk at the rate of fifteen hundred dollars per annum. And the President of the United States shall be, and he is hereby, authorized to make provision for the contingent expenses of said commission as to him shall appear reasonable and proper. And the said salaries and expenses shall be paid out of any moneys in the treasury not otherwise appropriated.

SEC. 6. And be it further enacted, That the said commissioners shall report to the Secretary of State a list of all the several awards made by them; a certified copy thereof shall be by him transmitted to the Secretary of the Treasury, who shall thereupon distribute, in ratable proportions among the persons in whose favor the awards shall have been made, the amount stipulated in the fifteenth article of the said treaty (being three and one-fourth millions of dollars) according to the proportions which their respective awards shall bear to the said three and one-fourth millions of dollars, first deducting such sums of money as may be due the United States from said persons in whose favor said award shall be made; and the said Secretary shall thereupon cause certificates of stock of the United States to be issued to the said parties, respectively, or their legal representatives, for the amount to which they may be entitled, which stock shall bear an interest of six per cent per annum until paid, and redeemable at any time at the pleasure of the United States, or pay the same in money, at the option of the United States.

SEC. 7. And be it further enacted, That the said board shall terminate its business within two years from the day of its organization.

SEC. 8. And be it further enacted, That in all cases arising under this act, where any person or persons, other than those in whose favor an award has been or may be made, shall claim the amount so awarded, or any part thereof, and shall within thirty days from the passage of this act, or from the date of the said award, notify the Secretary of the Treasury of his, her, or their intention to contest the payment of the same as awarded, and shall file with the District Attorney of the United States a bond, with good and sufficient security, to be approved by him, for the payment of the costs and damages arising therefrom, the amount so awarded, and the payment of which is contested as aforesaid, shall be and remain in the treasury of the United States, subject to the decision of the courts of the United States thereon; and thereupon the said party so claiming the sum so awarded, or any part thereof, shall be at liberty to file his bill for relief and injunction in the Circuit Court of Appeals of the District of Columbia, upon the principles which govern courts of equity; and any injunction thereupon granted by the court shall be respected by the Treasury Department; and the said case in equity shall thereupon be conducted and governed in all respects as in other cases in equity.

SEC. 9. And be it further enacted, That this act shall not go into effect until until, from, and after the tenth day of March eighteen hundred and forty-nine. Approved, March 3, 1849.

EXHIBIT H. TREATY SERIES, No. 207

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC

PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT

(Signed at Guadalupe Hidalgo, February 2, 1848; ratificationn advised, with amendments, by the Senate, March 10, 1848; ratified by the President of the United States, March 16, 1848; ratified by the President of Mexico, May 30, 1848; ratifications exchanged at Querétaro, May 30, 1848; proclaimed, July 4, 1848.)

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a Treaty of Peace, Friendship, limits, and settlement between the United States of America and the Mexican Republic, was concluded and signed at the City of Guadalupe Hidalgo, on the second day of February, one thousand eight hundred and forty-eight, which Treaty, as amended by the Senate of the United States, and being in the English and Spanish languages, is word for word as follows:

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 Peoples should live, as good Neighbours, have for that purpose appointed their respective Plenipotentiaries: that is to say, the President of the United States has appointed Nicholas P. Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of Peace, arranged, agreed upon, and signed the following

Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic

ARTICLE I

There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective Countries, territories, cities, towns, and people, without exception of places or persons.

ARTICLE II

Immediately upon the signature of this Treaty, a convention shall be entered into between a Commissioner or Commissioners appointed by the General in Chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be reestablished, as regards the political, administrative and judicial branches, so far as this shall be permitted by the circumstances of military occupation.

ARTICLE III

Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the Commanders of their land and naval forces, requiring the latter, (provided this Treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports; and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Republic, to points, that shall be selected by common agreement, at distance from the sea-ports, 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 it's 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 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 definitively 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 stipulations, 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 embarkation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico; in such case a friendly arrangement shall be entered into between the General in Chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places at a distance from the ports not exceeding thirty leagues shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to, as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November. All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following Article, the Government of the said United States will exact the release of such captives, and cause them to be restored to their country.

ARTICLE V

The Boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence, up the middle of that river, following the deepest channel, where it has more than one to the point where it strikes the Southern boundary of New Mexico; thence, westwardly along the whole Southern Boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then, to the point on the said line nearest to such branch, and thence in a direct line to the same;) thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence, across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in this Article, are those laid down in the Map, entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said Republic, and constructed according to the best authorities. Revised edition. Published at New York in 1847 by J. Disturnell:" Of which Map a Copy is added to this Treaty, bearing the signatures and seals of the Undersigned Plenipotentaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper and Lower California, it is agreed that the sail 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 landmarks 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 it's own constitution.