The New York Herald Newspaper, March 13, 1848, Page 1

HE NEW YORK HERALD. Whole No 6038 : TREATY PEACE, FRIENDSHIP, LIMITS, AND BETWEEN THE UNITED STATES OF AMERICA, AND THE MEXICAN REPUBLIO, CONCLUDED AT Guadalupe Hidalgo, ON THE SECOND DAY OF FEBRUARY, AND RATIFIED, WITH THE AMENDMENTS, BY THE AMERICAN SENATE, MARCH 10, 1848, We have withheld for nearly two weeks, from @ regard to the public interests, the treaty which we publish tc-day. The motive which actuated us no longer exists, as the publication of the document ean no longer influence the decision ef the Senate on its fate. We publish it now, to dissipate any false impressions that may have obtained in regard to its most important features. The Treaty. Tn the name of Almighty Go: 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 un- happily exists between the two republics, and to establish"on a solid basis relations of peace and friendship, which shall confer reciprocal bene- fits on the citizens of both, and assure the con- cord, harmony and mutual confidence wherein the two people should live as good neighbors, have, for that purpose, appointed their respective splenipotentiaries; that ia to say, the President of the United States has appointed N. P. Trist,a citizen of the United States, and the President of the Mexican republic has appointed Don Louis Gonzaga Cuevas, Don Bernardo Conto, and Don Miguel Atristain, citizens of the said republic, who, after a reciprocal communication of their respective 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 pace be- tween the United States of America and the Mexican Republic, and between their respective countries, territorities. cities, towns and people, without exception of places or persons. 7 ARTICLE Il. Immediately on the signature of thie treaty, a convention shall be entered into betwern 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 provi- sional suspension of hostilities shall take place; ‘and that in the pisces ocoupied by the snid forces, covstitutional order may be re-established, as re ards the political, administrative, and judicial Granches, so far as this shall be permitted by the circumstances of military occupation. ARTICLE Ist. Immediately upon the ratification of the present treaty, by the government of theUnited States, or- ders shall be transmitted to the commanders of their Jand and naval forces, requiring the latter ented this treaty shall then have been rati- ied by the government of the Mexican repub- lie), immediately to desist from blockading any Mexican ports; and requiring the former, (under the same condition), te 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 sea-ports not exceeding thirty leagues; and such evacuation of the interior of the republic shell 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 pro- moting 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 (ander the same condition) immediately to deliver posses- sion of the same to the persons authorised by the Mexican government to receive it, together with all bonds and evidences of debt for duties on im- portations and on exportations, not yet fallen due. Moreover, a faithful and exact occount shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houees, or elsewhere in Mexico, by authority of the United States, from and after the day of the 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 go- vernment, 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 comple- ted in one month after the orders there stipula- ted for shall have been received by the com- mander of said troops, or sooner if possible. : ARTICLE IV. a Immediately after the exchange of ratifications of the present treaty, all casties, forts, territo- ries, pleces and possessions, which have been taken and oceupied by the forces of the United States during the present war, within the limits of the Mexican republic, bout to be estab- lished by the following article, shall be defioi- tively 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 shal! remain there at the time when this treaty shall be duly ratified by the govern- ment of the Mexican republic. Tothisend, im- mediately upon the sigaature of this treaty, or- ders shall be despatched to the American offi- cer commanding such casges and ports, secur- ing against the removal or destruction of any such artillery, arms, apparatus of war, muni- tions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said cily, is comprehended in the above stipulations, as regards the restora- tion of artillery, apparatus of war, &c. The fiaal evacuation of the territory of the Mexican republic by the forces of the United States, shall be completed in three months from the eaia exchenge of ratifications, or sooner if possibli he Mexican republic hereby engag- ing, 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. _ It, however, the ratification of this treaty b both parties should not, take place in time to af- low the embarkation of the troops of the United States to be completed before the commence- ment of the sickly season, at te 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 Mex- ican government, whereby healthy and other- Wise suitable places, at a distance {rom the porte not excreding thirty segues, shall be designated for the residence ot such troops as may not yet have embarked, untilthe return of the heal:hy sexson. And the space of time here referred to as comprehending the sickly sexson, 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 prac- ticable after the exchange of thistreaty. Itis also Steed br leaped ca ‘ould now be held as captives by any sa- vage tribe within the limits of t i as about to be blished by the ieee ae cle, the government of the said United States NE W YORK, MONDAY MORNING, MARCH 13, 1848. 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 emp'ying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the int where it strikes the southern boundary of lew Mexico ; thence, westwardly, calong the whole southern boundary of New Mexico (which runs north of the town called Paso,) to its western termination ; thence northward along the western live of New Mexico, until it intersecta the first branch of the river Gila; (or if it should not intersect any branch of that ri- ver, then to the point on the said line nearest to such branch, and thence in adirect line to the same:) thence down the middle of the braneh and of the said river, until it empties into the Rio Colorado ; thence across the Rio Colora- do, following the division line between Upper and Lower California, to the Pacific Ocean. The southern and western limits of New Mexico, mentioned in this ar‘icle, are those laid down in the map, entitled ‘Map _ of. the United Mexican States, as organized and defined by va rious acts of the Congress Cs said republic, and constructed according to the best authorities. Re- vised edition. Published at New York, in 1847, by J. Disturnell.” Of which map a copy is add- ed 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 Jimit separating Upper from Lower Californiu, it is agreed that the said limit shall consist of a straigntJine, drawn from the middle of the Rio Gila, wiere it unites with the Colorado, to apoint on the coast of the Pacific Ocean—distant one marine league due south of of the southernmost peint of the port of Sao Diego, according to the plan of said port, made in the year 1782, by Don Juan Pantojer, second sailing master of the Spanish fleet, and published at Madrid in the year 1802, ia the atlas to the voyage of the schooners Sutil and Mexicana, of which aa a copy is hereunto added, signed and sealed by the respective plenipotentiari i In order to designate the boundary line with due precision, upon authoritative maps, and to esiahlish on the ground land-marks which shall show the limits of both republics, as described in the present article, the two governments shail each ey aoe @ commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratification 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 ne- cessary to these persons, and also as to their res- pective 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 shell ever be made therein, except by the express and free consent of both nationg,lawfully given by the general go- vernment of each, in conformity with its own constitution. ARTICLE VI. The yessels aid citizens of the Uuited States shall, in all time, have a free and _unin- terrupted passage by the Gulf ef California, and by the river Colorado, below its con- fluence with the Gila, to and from their posses- siofs’ situated north of the boundary line de- fined in the preceding article; it bring under- stood that this passage is to be by navigating the Gulf of California, and the river Coloredo; and not by land, without the express consent of the Mexican government . If, by the examinations that may be made, it should be ascertained to be practicable and ad- vantageousto construct a roxd, canal or railway, which should, in whole or in part, run vpon the river Gila, or upon its right or its left bank, within the space of one marine league fromeither margin of the river, the governments of both republies will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries. a ARTICLE VII. ¢ The river Gilt, and the part of the Del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, di- vided in the middle between the two republics, the navigation of the Gila and of the Bravo, be- low said boundary, shall be freeand common to the vessels and citizens of bofa countries; and neither shall, without the consent of the other, construct any work that may impede or inter tupt, 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 con- tribution, under any denomination or title, he levied upon vessels, or persons navigating the same, or upon merchandise, or effects, trans. ported thereon, except in the case of landing up- on one of their shores. If, for the purpose ot making the said rivers navigable, or for main- taining them in such state, it ehould be neces sary or advantageous to establish any tax or contribution, this shall not be done without the consent of both governments. _ The et contained in the present ar- ticle shall not impair the territorial rights of either republic, within its established limits. ARTICLE VIII. Mexicans now established in territories previ- ously belonging to Mexico, and which remain, for the future, within the limits of the United States, as defined by the preseat treaty, shall be free to continue where they now reside, or to re- move, at any time, to the Mexican republic, re- taining the property. which they possess in the sald territories, or disposing thereof, and remov- ing the proceeds wherever they please, without their being subjected, on this account, to any contribution, or tax, or charge, whatever. Those who shall prefer to remain in said terri- tories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But ee shall be under the obligation to make their selection within one year from the date of the exchange of ratifi- cations of this treaty; andithose who shall re- main in the said territories, after the expiration of that year, without having declared their inten- tion 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, andall 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 1X. 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 incor- porated into the Union of the United States, and admitted as soon as possible, according to the principles of the federal constitution, to the en- Joyment of all the rights of citizena of the Uni- ted States. In the meantime, 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 reepect to politieal rights, their condition shall bx on an equality with that of the inhabitauts 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, be- came territories of the United States. ‘he most ample uaranty shall be enjoyed by all eccle: cs, and religious corporations, or communities, as well in the discharge of the of- hees of their ministry, as in the enjoyment of their property of every kind, whether individual or corporate. This Pape shall embrace ail temples, houses, and edifices, dedicated to the Roman Catholic worship ; as well as all proper- ty destined to its support, or to that of schools, hospitals, or other foundations for charituble of beneficent purposes. No property of thie nature shall be considered as having become the pro- perty of the American government, or as subject to be by it disposed of, or diverted to other uses. Finally, the relations and communication be- tween Catholics, living in the territories afore- aud their respective ecclesiastical authori- ties, shail be open, free, and exempt from all hindrance whatever, even although such authori- ties should reside within the limits of the Mex- ican republic, as defined by this treaty ; and this freedom shall continue so long as a new demark- ation of ec ical districts shall not have been made, contormably with the laws of the Roman Catholie Church. {This article is expunged, and in its stead the | of the United States, not heretofore decided Senate has adopted and inserted substantially the third article of the treaty with France, of 1808, for the cession of Louis to the ef- tect that inhabitants of the cede diy lore be incorporated in the Union of the United tes, and admitted as soon as Congress shall determine, according to the principles of the federal constitu- tion, to the enjoyment of all the rights, advantage: and immunities of citizens of the United States ; and in the meantime, they shall be maintained and protected in the full enjoyment of their liberty, pro- perty, oe the religion which they profess.—Ep. ERALD ARTICLE X. (BXPUNGRED.) 2 All grants of land made by the Mexican go- nt, or by the competent authorities, in iesgpreviously 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 if the said territories had remained within the limits of Mexico. But the grantees of land in Texas put in po: sion thereof, who by rea- son 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 gragts, shall be under the obligation to tulfil the said conditions within the periods limit- ed iti the same respectively, such periods to be now counted from the date of tire exchange of ratifications of this treaty; in default of which said grants shall not be obligatory on the State of Texas, in virtue of the stipulations contained in this article. i ee 4 The foregoing stipulation in regard to gran- tees 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 Mexican government declares that no grant whatever of lands in Texas has been made since the second day of March, one thousand eight hundred and thirty-six; and that no grant whatever of lands in any of the territories aforesaid has been made since the thirteenth day of May, one thousand eight hundred and forty- six. : ARTICLE XI. Considering that a great purt of the territories which, by the present treaty, are to be compre- hended for the future within the] mits of the United States, is now occupied by savage tribes who will hereafter be under the control of the government of the United States, and whose in- cursions 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, whensoeverjthis may be necessary ; and that when they cannot be prevented, they shall be punished by the said government, and satis- faction for the same shall be exacted—ail in the same way, and with equal diligence and energy, as if the same incursions were committed with- in its own territory, against its own citizens. It shail not be lawful, under any pretext what- any inhabitant of the United States to purchase or acquire any Mexican, or any foreign- er residing in Mexico, who may have eee cate tured by Indians inhabiting the territory of either of the two republics, nor to purchase or acquire horses, mules, cattle, or property ef any kind, stolen within Mexican territory by such Indians; nor to provide such Indians with firearms or am- munition, by sale or otherwise. And im the event of any person or persons cap- tured ,within Mexican territory by Indians, be- ing carried into the territory of the United States, the government ot the latter engages and binds itself in the most solemn manner, so soon all 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, ordeliverthem to the agent or representative ot the Mexican goverament. The Mexicaa autho- rities will, as far as practicable, give to the go--| United States during the time they miay remain vernment of the United States notice of such captures; and its agent shall pay the expenses in- curred in the maintenance and transmission of the rescued captives; who, in the meantime, shall be treated with the utmost hospitality by the American authorities at the place where they may be. Butif the government of the United States, before receiving such notice from Mex ico, should obtain intelligence, thr other channel, of the existence of Mexican cap- tives within its territory, it will proceed forth- with to effect their release and delivery to the Mexican agent, as aboye 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 un- necessary delay, and always vigilantly enforce, such laws asthe nature of the subject may re- quire. And finally, the sacredness of this ob- ligation shall never be lost sight of by the said overnment when providing for the removal of ‘odians from any portion of said territories, or tor its being settled by the citizens of United States; but, on the contrary, special care then shall be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the Uuited States have solemaly obliged themselves to re- strain. ARTICLE XII. A In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the go- vernment of the United States engages to pry to that of the Mexican republic the sum of filteen millions of dollars, in the one or the other of the two modes below specified. 4 The Mexican government shall, at the time of ratifying this treaty, declare which of these two modes of payment it prefers; and the mode so elected by it shall be conformed to by that of the United States. 4 ? First mode of payment—Immediately after this treaty shali have been duly ratified by the govern- ment 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 cityol- Mexico, im the gold or silver coin of Mexico For the remaining twelve millions of dollars, the United States shall create a stock, bearing an interest of six per centum per annum, commenc- ing on the day of the ratification of this treaty by the government of the Mexican republic, and payable annually at the city of Washington; the facet of said stock to be redeemable there, et the pleasure of the government of the United States, at uny time after two years from the ex- | change of ratifications of this treaty; six months’ public notice of the intention to redeem the same being previously given. Certificates of such stock, in proper form, for such sums as shal! be specified by the Mexican government, shall be delivered, and transferablale by ihe said government to the same by that of the Uaited States. Second mode of payment—Immediately after this treaty shall have been duly ratified by the government of the Mexican republic, the sum of three millions of dollars shall be paidto 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 io the same coin, in annual instalments of three millions of dollurs each, together with interest on the same, at the rate of six per ceatum per annum This interest shall begin to rua upon the whole sum of twelve millions from the day of the rati- fication of bead nth treaty, by the Mexican government, and the first of the instalments shall be paid at the expiration of one year from the same day. Together with each annual instal- meat, as it falls due, the whole interest accruing bs be instalment trom the beginning shall also e paid. (Certificates, in the proper form for the said instalments, respectively, in such sums as shall be desired by the Mexican government, and traas‘errable by it, shall be delivered to the said government by that of the United States ] CN, B.—The first of thes modes is rejected. The latter is adopted, with the exception of the last paragraph, within brackets ) silk ARTICLE X1IT. The United States engage, moreover, to as- sume end pay tothe claimants allthe amounts now due them, and those hereafter to becom» due, by reason of the claims already liquidated and decided against the Mexican republic, wn- der the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundredfand thirty-nine,und on the thir tieth day of January, eighteen hundred and forty- three ; 80 that the Mexican republic shall be ab- solutely exempt forthe 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 citiaeus | by the Secretary of State of the United 83 against the Mexican government, which may have arisen previously tothe date of the signa- ture of thistreaty ; which discharge shall be fi- nal and perpetual, whether the said claims be re- jected or he allowed by the board of commission- ers provided for in the following article, and whatever shall be the total amount of those al- lowed. ARTICLE XV. The United States, exonerating Mexico from all demands on account of the claims of their citi zens mentioned in the preceding article, and con sidering them entirely and for everteancelled, | whatever their amount may be, undertake to make satisfaction for the same, to au amount not exceeding three and one quarter millions of dol a 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 conelu- sive; provided, that in deciding upon the valid- ity of each claim, the board shall be guided aad governed by the principles and rules of decision prescribed by the first and fifth arti- cles of the uaratified convention, concluded at the city of Mexico on the twentieth day of No- vember, one thousand eight hundred and forty- three; and in po case shall an award be made in favor of any claim not embraced by these prin- ciples and rules. 3 - % _It, in the opinion of the said board of commis sioners, or of the claimauts, any books, records, or documents in the possession or power of the pid of the Mexican republic, shall be leemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as con- gress may designate, make an application in writing forthe same, addreseed to the Mexican Minister tor Foreign Affairs, to be transmitted and the Mexiean 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 imme- diately deliver them over to the said borrd of commissioners; Provided, that no such applica- tion shall be made by, or at the instance of, any claimant, until the facts which it isexpected to prove by such books, records, or documents, shall have been stated under oath or affirmation. ARTICLE XVI. s Each of the contracting parties reserves to it- self the entire mght to fortify whatever potfnt within its territory it may judge proper so to for- tify, for its security. ARTIOLE XVII. ; The treaty of amity, commerce, and naviga- tion, concluded at tle city of Mexico ‘on the 5th day ef April, A D., 1831, between the United States of America and the United Mexican Statee, except the additional article, and except ,sofar us the stipulations of the s id treaty may not be incompatible with any stipulation con- tained in the present treaty, 1s 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 XVIIT. f All supplies whatever for troops of the United States in Mexico, arriving at ports in the occu- pation of such troops previous to the final evacua- tion thereof, although subsequently to the resto- ration of the custom-houses at such ports. shall be entirely exempt from daties and charges of any kind; the government of the United States hereby engaging end pledgieg its faith to esth- blish, and-vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation.jof any articles other than such, both in-kincand in quality, as shall really be wanted for the use and consumption of the forces of the | in Mexieo. To this end, it shail be the duty of | all officers and agents of the United States to de- nounce to the Mexican authorities at the res- pective ports any attempts at a fraudulent abuse of this a@tipulation which they may know of or may have reason to suspect, and to give to such authorities all the nid in their power with regard thereto ; and every such attempt, when duly proved and established by sentence of a compe- tent tribunal, shall be punished by the confisea- tion of the property so attempted to be fraudu- lently introduced. ARTICLE X1X With respect to all merchandise, effects, and property whatsoever, imported into ports of Mexi- co whilst in the occupation of the forces of the United States, whether by citizens of either re- public, or by citizens or subjects of any neutral nation, the following rules shall be observed :— 1. All such merchaadise, effects, and property, if imported previously to the restoration of the eustom-houses to the Mexican authorities, as stipulated for in the third article of this treaty, shall ne exempt from confiseation, although the importation of the same be prohibited by the Mexican tariff . ‘ 2. The same perfect exemption shall be en- joyed by all such merchandise, effects, and pro perty, imported subsequently to the restoration of the custom houses, and previously to the six- ty days fixed inthe following article for the coming into force of the Mexican tariff, at suc! ports respectively; the said merchandise, effects and property,being, however, at the time of their importation, subjectto the payment of duties, as provided for in the said following article. 8. All merchandise, effects, and property de- scribed in the two rules foregoing shall, during their continuance at the place of importation, or upon their leaving such place for the interior, be exempt from all duty, tax, or impost of everyy kind, uoder whatsoever title or denomination. Nor shall they be there subjected to any charge whatsoever upon the sale thereo! scribed in the first and second rules, which shal! sentations and pacific negotiations. And if, by these means, they shou!d not be enabled to come to an agréement, a resort shall not, oh this ac- count, be hed to reprisals, aggression, or hos- tility of anv 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 neighborsh'p, whether it would not be better that such differ ence should be settled by the arbitration of com- missioners appointed on eech side, or by that of a friendly nation. And should such course be poncecd by either party, it shall be peceded to y the other, unless deemed by it eltogether in- compatible with the nature of the difference, or the circumstances of the case _ ARTICLE XXIT. i If phigh is not to be expected, and which God forbid !) war shall unhappily break out be- tween the two republics, they a now, with a view to such calamity, solemnly pledge them- selves to each other and to the world, to observe the following rules, absolutely, where the na- ture of the subject permits, and as closely aa pos- sible in all eases where such absolute observance shall be impossible. ; 1. The merchants of either republic thea re- siding in the other shall be allowed to remain twelve months, (for those dwelling in the inte- rior,) 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 Jaws which the citizens or subjects of the most friendly rations are required to contorm to. Upon the entrance of the armies of either nation into tho territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarm- ed and inhabiting unfortified towns, villages or places, and in general all persons whose occupa- tions are {or the common subsistence and bene- fit of mankind, shall be allowed to continue their respective employments unmolested in their persons. Nor shall their houses or gooda 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 hapren to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid tor at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establis h- ments, 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 Tn order that the fate of prisoners of war may be alleviated, all such practices us those of sending them into distant, inclement, or wa wholesome districts, or crowding them into close and noxious places, shall be stndiously avoided. They shall not be confined in dun geons, ptison-shios, or prisons; nor be putin iroas, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient dis- tricts, end have comfortable quarters; and the common soldier shall be disposed in canton- ments, open and extensive enough for air and exercise, und 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 oficer shall break his parole by leav- ing the district so assigned him, or any ofher prisoner shall oscape from the limits of his can- tonment, after they shall have been designated to him, such in ividual, officer, or other priso- ner, Bhall forfeit s© much of the benefit of this article as provides: or his liberty on parole or in cantonment. And if an officer so breaking his parole, or any common soldier so escaping trom the limits assigned him, shail sfterwards be found in arms, previously to his being regularly exchanged, the person so offending shall be dealt with necording to tive established jaws of war. The officers shail be daily furnished by the pariy in whose power they are, with as many rations, aud of the same articles, as ar ‘owed, either in kind or by commutation, to officers ot equal rank in its ownarmy; aod all others shal! be daily furnished with such ration as is aliowed to a common soldier in its own service: the va- lue of all which supplies shall, at the close of the war, or #t periods to be agreed npon between the respective commanders, fe paid by the other party, ona 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 be with- held, ‘as a compensation or reprisal for any cause whatever, real or pretended. Eech party shall be allowed to keep a commissary of prison- ers, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often us he pleases; shall be allowed to receive, exempt from all duties or taxes, and to distribute, what- ever comforts may be sent to them by their frieods; aud shail be free to transmit his reports in open letters to the party by whom he is em- ployed. And it is declared that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as* annulling or suspending the solemn covenant contained in this article. Onthe contrary, the state of war 18 ‘precisely that for which it is provided; and during which, its stipulations are to be as sa- credly observed as the most acknowledged obli- gations under the law of nature or nations. ARTICLE XXUT. i 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 ratifieations shall be exchanged in the city of Washington, tn. four months from the date of the signature hereof, or sooner if practi- cable. | In faith whereof, we, the respective plenipo- tentiaries, have signed this treaty of peace, 4 All merchandise, effects, and Property, de- w . 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 merchandize, effects, or pro- pert 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 euch place, or upon their sale or consumption there, be subject te the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time o} peace, through the maritime custom-houses, an had there paid the duties conformuoly with the Mexican tariff. 6. The owners of all merchandizs, effects, or property deseribed in the first and secend rules, ond existing in any port of Mexico, siia!l have the right to reship the same, exempt from all tax. 1post, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port whilst in the ocetpation of the forces of the United States, and previously to the restoration of the cus 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 ac- count for the same to the said authorities. ARTICLE XX. Through consideration for the interests of ‘hen eae fap it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restora- tion of the custom-houses, conformably with the stipulation in the third article, in such case all merchandise, eff-cts, and property whatsoever, arrivingat the Mexican ports efter the restora- tion of the said custom-houses, and previously to the expiration of sixty days after the day of the signature of this tresty, shall be admitted to entry ; and no other duties shall be levied there on than the duties estanlished by the tariff tound in force at such custom houses at the time of the restoration of the same. And to ail such mer- chandise, effects, and property, the rules estab- lished by the preceding article shall apply. * ARTICLE XXI. If, unhappily, any disagreement should hereaf- ter arise between the governments of the two republics, whether with respect to the interpre- tation ot any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two na. tions, the said governments, in the name of those nations, do promise to each other that they will endeavor, ia the most sincere and ear- neat manner, to settle the differences so arising, aod to preserve the state of peace and friendship in which the two countries are now placing themselvea; using, for this end, mutual repre- friendship, limits, aod settlement; and have hereunto affixed our seals respectively. Done in guintuplicate, at the city of Gurdalupe Hidalgo, mthe second day ot february, in the year of our Lord one thousand eight hundred and forty- eight. N. P. TRIST, us] LUIS G. CUEVAS, ue 8 BERNARDO CON TO, [t. 8.) MIG. ATRISTAIN, [1 8] Additional and secret ayticle of the treaty of peace, friendship, limits,and settlement, between the United States of America and the Mexican republic, signed this day by their respective ple mipotentiares (Expanged ) Ia view of the possibility that the exchange the ratifications of his treaty may, by the circu tances in which the Mexican republic is pluced, he delayed longer than the term, of four months fixed by its twenty-third article for the exchange of ratifications of the same, it is hereby agracd that such delay shall not, in any manner, aflect the force and validity of this treaty, unless it should exceed the term of eight montis, counted from the date of the signature thereot. f This article is to huve the same force and vir- | tue as if incerted in the treaty to which this is an addition. P In faith whereof, we, the respective plenipo- tentiaries, have signed this additional and secret article, and have hereunto affixed our seals, re- epectively. Done in quintuplicate at the city of Guadalupe Hidalgo, on the second day of Feb- ruary, iuthe year of our Lord one thousand eight huadred and forty-eight N. RIST, [u. s.J LUIS G. CUEVAS, (u. s BERNARDO CONYLO, [i 8 MIG. ATRISTALN, [u. 8. The Vote on its ftatification. The above treaty, with the ameudments, was ratified by the American Senate at « quarter past 9 o'clock, on Friday night, the 10.h of Maren, 1848, by the following vote aves, Names Politi States. Chester Ashley, Democrat, Arkansas. Charles G, Atherton, Detaoorat, New Hampshire Arthur P. Bagby, Democrat, Alabama, John Bell, Whig, Tenney James W Beadbury, Dsinocrat, Malo: Jerse D. Bright, Demoorat, Indiana A P Batler, Demooras, South Caroling. John © Calhoun, Democrat, South Carcliva. Simon Cameron, Demoerat, Pennaylvania. Lewis Casa, Democrat, Micbigan. John H. Clarke, Whig, Rhode Island, John J. Crittenden, Whig, Kentucky, John Davis Whig, Massachusetts, Jefferson Davis, Demoorat, — Missirsippi, William L. Dayton, Whig, Now Jersey. Daniel 8. Dickingom, Democrat, New York, ee ee, ee eee cancels Pras ture Temits John A. Dix, Democrat, New York 8. N Downs, Democrat, Leuisiana Alpheus Felch, Democrat, Michigan. Henry 8. Foote, Democrat, Mississippi. Joba P Hale, \Yolition, New Hampehire. Edvard A. Hannegan, Democrat, lodiana, R. MT. Hunter, Democrat, Virginia. Beverdy Johnron Wolk, Maryland Herschel V. Johnson, Democrat, Georgia, Henry Johnson, Whig Louisiana. Willie P. Mangum, = Whig, North Carolina. James M. Mason, Democrat, Virginia, Jacob W. Miller, Whig, New Jersey W. B.S Moor, Democrat, Maine, John M. Niles, Democrat, Connecticut. Thomas J. Rusk, Democrat, Texas. Ambrose H. Sevier, Democrat, Arkansas. Daniel Sturgeon, Democrat, Pennsylvania Hopkios L. Turney, Democrat, Tennessee. Joseph R. Underwood, Whig, Kentucky, David L Yuteo, Democrat, Florida, Nays Names Politics, States. William Alien, Democrat, Oblo. David R. Atehiron, Democrat, Missouri. George E. Badger, Whig, North Carolina. Roger 8 Baldwin, Whig, Connecticut. Thomas H Benton, Democrat, Missourt. John M Berrien, Whig, Georgia. Sidney Breese, Democrat, Lilinots, Thomas Corwin, Whig, Ohio, Stephen A. Douglass, Democrat, Illinois, Albert C. Greene, Whig, Rhode Island. Dixon H. Lewit Democrat, Alabama, Presley Spruance, Whig, Delaware, William Upham, Whig, Vermont. Daniel Webster, Whig, Maseachusetts, John D. Westcott, jr, Democrat, Florida, ‘Total. , +15, anuen, Names. Politics, States, Samuel 9, Phelps, Whig, Vermont. James A. Pearce, Whig, Marylant John M. Clayton, Whig, Doleware. Sam Houston, Democrat, Texas Total... Bees eee cere ees ANALYSIS OF THE VoTE. Aves—Whigs. . lt) Nave— Whigs, Democrat s. 4 FDsearere Total... 0000 ou 87 Total. cc ccseeecesdd Ansunt—Whigs. so... 8 Torat—Ayetes ore c.87 “ Demoorata.,. 1 Neye.c ces se. 018 Mojority for the treaty. . teen 68d Police, Recovery of Mr. Forsyth's Jewelry.—We notioea in yosterday’s Herald, the burglery and extensive robbery of jewelry perpe rated on Friday night last. amounting in value to peur $12 000, belonging to Mr. Orlando For- syth, No. 203 Fulton street, Brooklyn, On Saturday moroing,when the robbery was discovered, great excite- ment was created amongst the neighbors and polics off- cers, as to who were tha perpetrators; aud after a little onsuitation, euspicion rested on two young men—one wi | esiled himself Wm. Smith, who boarded at Mra Bradley's, in Fulton street, corner of Spiague’s alley, Brooklyn— aud the other, oniling himself Towns’nd, boarded with Mrs. Huys, No. 285 Adams rt ‘Taexo men wers known to visit each other, aud said they wero painters by trade, but bad only been residing in Brosklya ebout four nd duriog that time were not sven to do any work, which cirrumstanoe was noticnd by the other boarders, and looked upon as being rather airange, Be. tween 7 and 8 o'clock on Saturday morniog, after the robbery, Townsend cama to tae boarding house of Smith, in Fulton street, which is only a short distance from Mr. Forsyth’s store, and said to Smith. “It is time you was off,’ and after @ short conversation, left, and afew minutes afterwards a cab drove up to the door, it having been engaged by Town- send at the Jsckson Forry ; Smith then paid his board, placed a large leather trank in the cab, and left, but in his haste to get nway he left « silyer mounted piatol, and | somo other artioles,behina nim. ‘Thircircumstauge only made the suspicions stronger: and these facta having been related to officer J W Higgins, one of the active polices of Brookly were isminediately taken to find the cab driver, who, upom being fond, told all he km sbout th: effalr, amd showed the officer where hee ried the trunk and the (wo men, which he conveyed over the Jackson ferry, to this aity, and rtopped at a Dureh grocery store iear Mangia etrest, im tho thir- teenth ward, where the two men got out and put the im the store, he receiving his money for the job, and left. The groosr was then questioned a to who y the trunk —who informed the officer that an old fellow who oarried in coal was hired by the two men to carry the trunk, and that man lived close by; upon this inform officer Hizgias, sasisted by Mr, James Weaver, a citizen of Brooklyn, after @ deal of trouble, found this nen lying drank on ine Ror of his room; they roused bim up. and after considera- bie thaking, they managed to get him iuto the atrest, and he undertoek to show them the house where he carried the trunk; but being to sturifed with liquor, they were compelitd to hold him by the arm to keep him from failing; -aiter travelling scveral blocks, he brought them to a emall frame house. No. 2l Mangin street. This was about 5 o'clock on Saturday afternoon, and in they ali went, and on the officer rushing into the front room oa the 2d floor, he discovered the identios! trudk, containing nearly all the stolen jewelry belonging to Mr, Forsyih. She tniever, who were both in the room @ second or two pre- | vious, heard them coming up stairs, sprang to the wi dow end Jumped out into the street, and in such haste, that one lef: without hat or cost. ‘They ran slong Man: gia #t., into Grand, and from Grand into Division st, making good their escape. A wowan, sald to be the wife of one, was fennd in the room enciente, and bear her copflaement,#ho was much alarmed at the sud- don entry of the eficer. The jewelry and silver ware was replaced ia the trunk aud conveyed back tq Brook- lyn in triumph by the cftlcer and Mr, Weaver The woman and tho premises were then taken in charge by Captain Villy, of the 13th ward, and several of his po- licemen, who mora thoroughly searched the place, aod m the stove crucibio wes found fall of ‘melt- ed gold, and in a box of ashes » lot more was found melted into lamps, valued in all at near $700. The rascals, whem disturbed by the offieer, were st work melting, as several stones were om the table just knooked from bracelets aud rings,and the gold melted up in the crucible ; and hed they not been thus discovered, no doubt by this time, or even the ext mornlag, oli trace or identity of the proper would have been destroyed. A strict watch was on the woman and pretmisos during Saturday might by Captain Tilley, in hopes of getting some clue to the whereabouts of the burglars; but nothing more traorpired, and the wos conveyed yesterday morn- ing over to Brooklyn, and committud by magistrate to await a further examination. The houses No. 21 Mangin street was hired by Smith under tho name of John Harris, about four weoks since. Townsend is described as being man about 25 or 30 years of age, thin face, rather long. light brown hair, Ro whiskers, about 5 fect 53g inches high. ‘Townssnd’s whioh he lett bebind him at et, and there the officers found eleton keys, two’ “Semmes” and a “Billy,” tools used by burglars, which pretty clearly show the business the rascals wero followiog It in to be hoped they will yet be taken ond brougut to justice. Law tntetligence. Crncurt{Count—Mareh 11-—Before Judge Edwords.— Tucker vs the Kings County Mutual I Ce This cause was given to the jury en Saturda | peered that the prineipal defence set up by the de dante wea an over veluation of th by the fire made the cha: implied false them; they made te be Ainet plaintiff, whieh the burthen of proof rested on ¢ charge, and they were bound to ve it by two credible witnesses; it war not enough to show that plat. tiff dit not prove that some of the ardoles for waich he charged were on the premises; nor thet he haa not proved tha Of the artioles were worth what he set them down st in the preliminery proois, The Cofendauts are bound to prove aMrantively that they were not must also show that he swore to thore statements wilfully, corruptly and contrary to his know- ledge of ths fact. “He then reespitulated the evidence, ond comm: nted upon it; leaving it a quertion of fact to the jury to say whether the defendants mace out * case of wiltuiland corrupt perjury against the plaintift; if they did, they should find u verdict for defendan's. Seal- ed Yeratet this morning Nava! Movements. * Traneront Say Ancour, March U1, 1843 A battalion of U.S. marines, consisting of three bum. dred and sixty, rank and file, under the command of Mijor John Harris, sailed this morning on bowrd the whips Arcole and M, Howes, for Vers Crag The following is list of the officers attyehed to the battalion ;- Mejor Jobo Harris, Commanding; Captain, N. 8. Waldron; lat Li-at . Josiah Wataon; Ist Lieut A! S ‘Taylor, Adjutant; Ist Lieut. W. L Shuttleworth, A. A Quarterma ’ 24 Licut., George F Lindsay; 24 Lieut. George R Geahuc; 2d Lieut, J. R F. Tatuali; Wd Lieut, J. L Broom; ad Lieut | W. Stokes Boyd; Matoul Officers - Surgeou, BD. S. Edwards; Aesistant Surgeou, Oakley Ma. Apans’ ReMarva Aer the taneral ceremonies over the remains of Mr. Adame, in Boston, on Friday, rays the Journal of the Vth inat.. the body remained in charge of the Mechanic Greys of So seven O'clock last evening, at w Guar ls, Captaia Phowpron, relieved th mained om duty during the night oveyed to the depot of the Old to forencon, end at 12 o'clock tie tain y y Railroad, this warted for Quiney. sa, the mombers of tae Le- The Copgresrional commi gislature in a body, aod a milicary eeeort, secompanied the remains of the vearrabio stateunan, and will take part in the last rites, preparatory to the entombment which will take place this afiernooe Lerge numbers of our fellow citizens have proceeded to Quincy to pats tloipate in the solemities of the day,