(1849) The Mexican War and Its Warriors: From The Founding of The Republic To The Present Time
(1849) The Mexican War and Its Warriors: From The Founding of The Republic To The Present Time
(1849) The Mexican War and Its Warriors: From The Founding of The Republic To The Present Time
MEXICAN WAR
AND
ITS WARRIORS
COMPRISINO
BY J? FROST, L.L.D.
Author of " The Pictorial History of the World," " Americaa
Naval Biography," " Pictorial History of the United States,"
" Wonders of History," and late Professor of Belles
PUBLISHED BY H. MANSFIELD.
( 1849. /
Ektebei), according to Act of Congress,
BY H. MANSFIELD,
In the Clerk's Office of the District Court for the District of
Connecticut.
PEEFACE.
The recent contest between the United States
and Mexico has called forth the military enert^ies
--.....
Point Isabel,
Fort Brown, -------.--32
- 28
Paredes,
Santa Anna,
----.--.-.
Storming of the Bishop's Palace,
--..
- - - . . 93
gg
loi
Battle of Buena Vista, 107
Death of Colonel Clay,
Commencement of the Guerilla Warfare, ----- - - 117
125
American
Battle of Cerro Gordo,
Jalapa,
..-.--.
fleet saluting the castle at
-
Vera Cruz - - - 141
147
152
Northern extremity of Puebla de los Angelos, - - - - 163
General Butler,
Battle of Churubusco,
The City of Mexico,
.------- 166
175
183
(]!hapultepcc, -191
- - - • - - - -
Capture of Tuspan,
Capture of Panuco,
Loss of the Somers,
-.--•---
--,••---
208
212
215
General Taylor,
Headpiece,
General Worth,
-----.--
-
- -
224
225
238
Worth at
----.--
Monterey,
-.------
Storming of Federation Hill,
239
242
View from Tacubaya,
Headpiece, ^- ----••---
.---..--.
247
255
Headpiece,-
Tailpiece,
Headpiece,
----------
.---. ...
25g
264
265
(7)
Vlll LIST OF ILLUSTRATiO.XS.
-------
- 273
280
Headpiece,
Headpiece, - .«•-•- -- • 281
285
Headpiece, ---------
Colonel McCulloch,
-••.----
- 292
293
Captain Walker,
Headpiece, .--•----- 298
299
Colonel Hays,
Headpiece,
Headpiece,
.----••--•
.-,•---•-
304
305
311
General Scott,
Headpiece,
General Shields,
-•----« •
314
315
32Q
THE WAR,
• In this march, says a late writer, the army encountered the most
appalling hardships, both from the heat of the sandy deserts over which
they passed, and the wemt of food and water. The discipline acquired
in camp, where large portions of the troops had for the first time an op-
portunity of seeing and learning the evolutions of the line, was here
amply tested ; and it should be recorded to the honour of the soldiers,
that throughout their whole march they bore their hardships with pa-
tience and cheerfulness.
The sufferings on this march were rendered the more painful by con-
trast with the agreeable sojourn of the army at Corpus Christi, which is
bluff," he says, " the view is magnificent in the extreme. Far off to the
east the scene was bounded by the white caps of the beautiful bay ; to the
south-east, the Flower Bluffs stood out in bold relief; in the north-east,
the distant highlands of Maylone's Bluff were dimly \-isible ; to the north»
west, the land near the mouth of the Nueces ; in the west, one unlimited
plain presented itself, extending to the mountains, the home of the mua«
tangr and buffalo."
12 THE WAR.
Crosses the Colorado.
the peace which had ever existed between the two re-
publics. Neither army was very well prepared for
active hostilities. Taylor's entire force was small, sepa-
rated into two portions, and ill provided with artillery
and ammunition the Mexicans were waiting for rein-
;
THE WAR. 17
MvLxder of Colonel Cross.
stant, when near the mouth of the river, and put to sea,
returning probably to New Orleans. They were not
seized, or their cargoes disturbed in any way, nor have
they been in the harbour of Brazos Santiago tomy know-
ledge. AMexican schooner, understood to be the/ Ju-
niata,' was in or off that harbour when my instructions
^-c-^s^-s^--.
Fort Brown.
was full of meaning, and the tale was soon told. At a little
before six a confused rush of cavalry and straggling in-
fantry towards the Rio Grande, announced the victory
of the Americans, at sight of which, an officer of the
7th regiment jumped upon the parapet, beside the regi-
mental and gave three cheers, which w^ere re-
flagstaff,
—
hundred wounded probably greater. This estimate is
very moderate, and founded upon the number actually
counted on the field, and upon the reports of their own
officers.
ment was thrown up, and the artillery battalion, with two
THE WAE. 47
Death, of Lieutenant Blake.
in the recent battles near the city of Mexico. Nothing can exceed the
efficiency and bravery of the rifle corps. General Scott's pointed eulogy
of their conduct was richly deserved.
The efficiency of this arm of the national defense, as we have had
occasion to remark in another place, is greatly owing to the indefatigable
The services of the artillery in the battle of Buena Vista were so es-
battle.
3
60 THE WAR.
May's charge.
time of his mission and the interval allowed for his an-
swer, being employed by Arista in throwing the public
stores into the river, burying artillery in wells, and con-
cealing other portions of the public property in and
about the city. In the evening, General Taylor, finding
that no answer had been returned, finished his prepara-
tions for crossing early in the morning, while Arista re-
treated from the city, taking with him two pieces of
artillery and four thousand men, and leaving behind his
ler, with the 1st Ohio regiment, entered the town to the
right. The companies of the 4th infantry had advanced
within short range of the work, when they were received
by a fire that almost in one moment struck down one-
and men, and rendered it necessary
third of the officers
to and effect a conjunction with the two other
retire
killed.
The 22d day of September passed without any active
operations in the lower part of the city. The citadel
their pieces.
The road now wound toward a gorge, but not
in
far enough to be out of range of their guns, which still
played upon us. Another ridge lay about three-fourths
of a mile beyond the first, around the termination of
which the road wound, bringing it under the lofty sum-
mit of a height which rises between Palace Hill and the
86 THE WAR.
Operations of General Worth.
ments to form along the fence near the point of the ridge.
The artillery battalion, 5th, 7th, and 8th infantry, and
the Louisiana volunteers, remained in this position about
two hours, directly under fire of the enemy's guns. The
balls fell directly in their midst all this time without
wounding a man ! To begin with, the Mexicans manage
their artillery in battery as well as the Americans do
this, I believe, is now conceded by every oflScer.
which ran down the steep and filled his face -with frag-
ments of rock, dust, and gravel. The fire was accom-
panied by a constant discharge of musketry, the enemy
covering the upper part of the hill-side ; but the detach-
ment continued to move up, driving the Mexicans back,
until they were recalled.
Captain Smith's party now
arrived and moved up the
hill, the rangers in advance, and did not halt for an in-
stant until the Mexicans were driven from the summit.
Whilst this was going on, Colonel Persifer F. Smith, who
commanded the 5th and 7th infantry the 5th with —
Blanchard's Louisiana boys, under Major Martin Scott,
had been ordered to support the whole gave orders —
for these commands to pass around on each side and
storm the fort, which was situated about half a mile back
of the summit on the same ridge and commanded the
Bishop's Palace. Such a foot-race as now ensued has
seldom if ever been seen the Louisiana boys making tre-
;
ranged.
Before that hour, however. General Ampudia had
signified to General Worth his desire for a personal
interview with General Taylor, for the purpose of making
some definitive arrangement. An interview was accord-
ingly appointed for one o'clock, and resulted in the
THE WAR. 97
Terms of capitiilation.
Paredes.
even private property ruthlessly consumed by the torch.
Meanwhile, they made every effort to organize a new army
in the interior, and declared that the loss of Monterey was
owing only to the incapacity of Ampudia, who was ordered
to be tried by court-martial. General Herrera had been
president of Mexico when the war was first threatened,
but his inclination to avoid hostilities had caused him to
be deprived of power, and Paredes assumed the reins of
government, and the responsibility- of the war. Being
unsuccessful, however, he lost caste with his countrymen,
who now began to look for another ruler. Several lead-
ers presented themselves, each at the head of a small
R'A-rasia
100 THE WA
Santa Anna lands at "Vera Cruz.
Sanla Anna.
had won for him so great glory, and be at the same time
reduced from a victorious positionto one of comparative
" Soldiers' the entire world observes us, and will ex-
pect our acts to be heroic as they are necessary. Pri-
vations of all kinds surround us, in consequence of the
neglect shown towards us for more than a month, by
those who should provide your pay and provisions.
But when has misery debilitated your spirits, or weak-
your enthusiasm ? The Mexican soldier is well known
by his frugality and patience under suffering, never want-
ing magazines in marches across deserts, and always
counting upon the resources of the enemy to provide
for his wants. To-day we shall undertake to march
over a desert country, without succour or provisions.
But be assured, that we shall be immediately provided
from those of the enemy, and with them you will be
sufficiently reimbursed. My friends, we go to open the
campaign. What days of glory await us ! What a flat-
the road from the city to the field of battle, where they
intercepted several of our men. Approaching the town,
they were fired upon by Captain Webster from the
redoubt occupied by his company, and then moved off
towards the eastern side of the valley, and obliquely
towards Buena Vista. At this time, Captain Sho"Ver
moved rapidly forward with his piece, supported by a
miscellaneous command of mounted volunteers, and
fired several shots at the cavalry with great effect. They
were driven into the ravines which lead to the lower
valley, closely pursued by Captain Shover, who was
farther supported by a piece of Captain Webster's bat-
tery, under Lieutenant Donaldson, which had advanced
from the redoubt, supported by Captain Wheeler's com-
pany of Illinois volunteers. The enemy made one or
two efforts to charge the artillery, but was finally driven
THE WAR. 115
Official report of General Taylor.
neral is a resident in —
Kentucky too and an eye fierce with
emotion, exclaimed, Mr. Crittenden, this will not do
*
that place the troops from the Brazos, from New Orleans,
and the north, cavalry, infantry, artillery, mortars, bomb-
ketches, shells and shot — in short, all the materiel ne-
cessary for the successful execution of the brilliant de-
signs of General Scott. At length the army, amounting
to about twelve thousand men, thoroughly equipped, re-
embarked on board of the transports numbering nearly
a hundred sail, and proceeded to effect a landing at
Vera Cruz. It became the duty of the navy to co-ope-
rate in the landing, and the particulars of the disem-
barkation are given in the despatch of Commodore
Conner, which we subjoin.
" After a joint reconnoissance, made by the general
and myself in the steamer Petrita, ^he beach due west
from Sacrificios, one of the points spoken of in my pre-
vious was selected as the most suitable for the
letters,
in his new work, " The Broad Pennant," '' the brilliant
scene presented by the disembarkation of our army of
twelve thousand men from the ships, so successfully and
beautifully conducted, might well excite the admiration
and claim the interested gaze of the beholders. The scene
has never been equalled on the continent of America,
and no disembarkation on record can have surpassed it
for its successful accomplishment. It has been com-
any thing else but their tobacco and cards. It was not
long, however, before a thirteen inch shell fell on the
top of the embankment; the explosion completely
covered them with the earth ; they all scrambled out as
quick as they could, and shaking the sand from their cloth-
ing, and cleaning it out from their eyes, one of them vexy
coolly remarked, *'Well, boys, I'll be darned if that
didn't come mighty near being a ten strike !"
At daylight on the 23d, Captain Tatnall's Mosquito
THE WAR. 137
Colonel Harney's dragoon fight.
Judd got his ground within one hundred and fifty yards
of the Mexicans, and commenced firing —they attempted
to return it, but as soon as a slight breach was made in
the parapet. Colonel Harney ordered a charge, which
was answered by a yell from the dragoons and Tennes-
seeans. Colonel Haskell, Captain Cheatham, and Cap-
tain Foster, were the first men to leap over the breast-
work, and as a naval officer remarked, who witnessed
the whole affair, the balance went over so much like a
" thousand of brick," that there was no telling who was
first or last. As might have been expected, the Mexi-
cans were unable to stand a charge from "the boys who
stood the fire of the Black Fort at Monterey."
A few" of the encumbrances were soon thrown out of
the way, and Colonel Harney, with his dragoons, leaped
the breastwork and gave chase. He had not proceeded
more than a mile before he found the enemy formed in
line to receive him. He immediately deployed, and
from the head of the line When he
ordered a charge.
approached within about twenty yards of the enemy's
THE WAR. 139
Colonel Harney's drsLgoon figlit.
line they gave him a fire from their side-arms, but over-
shot. Then came the test of strength and skill —the
dragoon, with sword in hand, met the confiding lancer,
with pointed lance, ready to receive him. The contest
was but for a short time.
The effect of our shells upon the city was now seen,
and proved to have been deplorable.
Hardly a house had escaped, and a large portion of
them were ruined. The shells had fallen through the
THE WAR. 143
Bations issued to tiiepoor of Vera Cruz.
and customs.
On the 1st of April the army left Vera Cruz, and
144 THE WAR.
Descriptioa of Santa, Anna's position.
^* The enemy's forces had all left that place, and oui
general took possession of the castle, with its arma-
ment in perfect order. Colonel Velasques had been left
The first shot fired from San Antonio (the 8th) killed
Captain S. Thornton, 2d dragoons, a gallant officer, who
was covering the operations with his company.
The same day, a reconnoissance was commenced to
a wide sweep, came out upon the high road to the capi-
tal. At this point, the heavy garrison (three thousand
men) in retreat, was, by Clarke cut in the centre : one
portion, the rear driven upon Dolores, off to the right
and the other upon Churubusco, in the direct line of our
operationii. The first brigade, (Colonel Garland's,) same
—
been so much exposed in the road the 11th regiment,
under Lieutenant-Colonel Graham, and the 14th, com-
manded by Colonel Trousdale, both of Cadwalader's
bri'j-ade. Pillow's division. About the same time, the
enemy, in front of Garland, after a hot conflict of an
hour and a half, gave way, in a retreat towards the
capital.
regiments.
The immediate results of this victory were : —the cap-
ture of seven field-pieces, some ammunition, one colour,
three generals, and one thousand two hundred and sixty-
one prisoners, including other officers.
sixty officers.
After so many victories, we might, with but little
that many church bells had been sent out to be cast into
—
guns the enemy's movement was easily understood,
186 THE WAR.
Chapxil tepee.
cent captures had not only trebled our siege pieces, but
also our ammunition, and we knew that we should
greatly augment both by carrjdng the place. I was,
Battle of Chapultepec.
advance sent to
glers to their respective corps then in ;
killedand wounded.
General Santa Anna, after these reverses, fled with a
small band to Tehuacan, where even these troops be-
came mutinous for want of pay, and soon deserted him.
The president then deposed him from the head of the
army and appointed General Rincon to succeed him. In
griefand indignation at this treatment from the executive
w^hom he himself had just called to power, Santa Anna
issued an address on the 16th of October to the army,
and another on the 22d of October to the people of
Mexico, both more remarkable than any of his papers
for its lofty tone, for the appeal to his enemies to testify
concerning his conduct, and the assertion that his ene-
mies are in favour of peace.
We now turn our attention to the operations of the
navy, which had been engaged under Commodores
Conner and Perry in the difficult service of blockading
the rocky coast of Mexico. On the 8th of August, and
on the 15th of October, 1846, two unsuccessful attempts
were made by Commodore Conner to capture the town
THE WAR. 209
Loss of the Txuxtun-
which were on their way to San Luis Potosi for the use
oftlie Mexican forces, and the destruction by burning
and sinking in the river, of army equipments to the
amoimt of thirty thousand dollars.
character.
When his reply to the communication of Ampudia
respecting the blockading of the Rio Grande was pub-
lished, it received the universal approbation of the
234 THE WARRIORS.
Anecdotes.
behind us."^^
* A^-
Worth at Monterey.
that his flanks were the strong points, his left flank being
the stronger.
Having made the necessary directions, at three o'clock
was taken, and his own guns were trailed upon his re-
treating masses ; before, however, they could be dis-
charged, perceiving that he had been dispossessed of
this strong position by comparatively a handful of men,
he made a desperate effort to regain it. Accordingly
his retiring forces ralliedand formed with this object.
Aided by the infantry, which covered the house-tops,
(within reach of which the battery had been moved
during the night,) the enemy's whole line opened upon
the assaulting party a terrific fire of musketry which
struckdown eleven out of the fourteen officers that com-
posed the command, and non-commissioned officers and
men in proportion. This severe shock staggered, for a
moment, that gallant band. The light battalion, held
to cover Huger's battery, under Captain R, Kirby Smith,
(Lieutenant-Colonel Smith being sick,) and the right
wing of Cadwalader's brigade, were promptly ordered
forward to support, which order was executed in the
most gallant style the enemy was again routed, and
;
the enemy could not possibly cut them off. The state
dragoons of New York wear red coats, and they being
on the heights to watch the enemy, gave constant alarm
to the militia, who mistook them for the enemy, and
feared his getting in their rear. Finding the enemy's
columns had penetrated within a mile of Plattsburg, I
despatched my aid-de-camp, Lieutenant Root, to bring
JOHN E. wool 257
Battle of Plattsbuxg.
=-^ ^""^^^^s^-i*-^
12 (26^^
THE WARRIORS.
Taking of Fort Teneria.
in hot pursuit —
gallant himself, and supported by Briga-
—
dier-Generals Shields and Smith Shields badly wound-
ed before Chapultepec, and refusing to retire — well
as
as by all the officers and men of the column —Quitman
continued to press forward, under flank and direct fires
our troops stood the storm of iron and lead they hailed
upon them, unmoved. At every discharge they laid flat
down and then sprang up to serve the
to avoid the storm,
guns. At the end of that time, two of the guns were
dismounted and we badly hurt thirteen of the h orses
;
(293)
294 THE WARRIORS.
Anecdote.
cloudy you can always tell where the sun is, by a slight
shadow from objects, be it ever so obscured. I recollect
once I went a hunting with a gentleman and my father,
asked why he did not shoot his foe, replied, with true
southern chivalry, that " the Mexican had no pistol, and
itwould have been taking an advantage over him !" As
another of our men was being overcome by a Mexican,
the gallant Captain Cheshire, a private in the Rangers,
dashed up to his rescue, and having no fire, seized a
holster pistol, and with the butt end of it, felled the
Mexican to the ground.
Captain Walkef.
CAPTAIN SAMUEL H. WALKER.
APTAiN Walker entered the Ame-
rican service with a reputation
early established by his services
in the cause of the gallant state
of Texas. A native of Maryland,
he left his residence in Washing-
ton city to serve in the Creek
war, after which he passed a campaign against the Indians
in Florida, and was for awhile superintendent of a rail-
road. In 1842 he emigrated to Texas and served in
her operations against Mexico with honour. He was one
of Colonel Fisher's company of three hundred men in
the famous Mier expedition. He was captured while
on a scout before the Texan army reached that place,
and after his comrades were defeated, they were all
marched together to Matamoras, thence to Perote castle,
on their way to the capital. As they proceeded, their
r299)
300 THE WARRIORS.
Escapea from Pexote.
*'
Resolvedy That while w^e deplore the loss of a youth-
ful Avarrior, Avhose patriotism, courage, and untiring
energy, gave the brightest promise to his country, we
most deeply mourn the death of one who, as a member
of this bar, was respected by all for his professional
bearing, and loved by those who best knew him, for the
warmth and steadfastness of his friendship."
The gallantry wdth which he led his beloved Balti-
more battalion to victory, has been well described by
one of its officers w^hose letter we quote.
" Watson shouting, but as to hearing a
I saw^ Colonel
command, that was an impossibility, owing to the deaf-
ening roar of the cannon and musketry. I saw the
head of our line changing its direction, and I knew at
once that the point of attack was changed, and ran to
the head of my company to intercept the head of the
column. I reached it just as Colonel Watson was dis-
mounting from his horse, which the next moment fell
from a shot. The colonel cried out to his men, Shelter *
—
rey an honour which we know belongs to our bat-
talion. * * * * Above, below, alongside, between legs
how close they came to nie, and what and how many
escapes I had. I was exposed to shot in that fight for
five officers.
BETWEEN
THE TREATY.
In the Name of Almighty God :
arranged, agreed upon and signed the following Treaty of Peace, Friend-
ship, Limits and Settlement, between the United States of America and
the Mexican Republic.
ARTICLE I.
There shall be a firm and universal peace between the United States of America
and the Mexican Republic, and between their respective countries, territories, cities,
to>vns and people, without exception of places or persons.
THE TREATY,
ARTICLE
Immediately on 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
;
ARTICLE III.
self to aftbrd 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 under-
standing between them and the inhabitants. In like manner, orders shall be dis-
patched 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 person authorized by the Mexican Gov-
ernment to receive it, together with all bonds and evidences of debts for duties on
importations and 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 the ratification of this Treaty by
the Government of the Mexican Republic and also an account of the cost of col-
;
lection and such entire amount, deducting only the cost of collection, shall be de-
;
livered 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 the said troops, or sooner if possible.
ARTICLE IV
Immediately after the exchange of ratifications of the present Treaty, all cas-
tles, forts, territories, places and possessions, which have been taken and 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 de-
finitely restored to the said Republic, together with all the artillery, arms, appara-
tus 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 dispatched to the
American officer conimanding such castles and ports, 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 sur-
rounding 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 within three months from the said exchange
T II E TRE ATY . &
of ratifications, or sooner if possible the Mexican Republic hereby engages, as in
;
the foregoing Article, to use all means in its power tor facilitating such evacua-
tion, and rendering it convenient to the troops, and for promoting a good understand-
ing 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 (iulf of
Mexico, in such case a friendly arrangement shall be entered into between theGen-
eral-in-«:hief of the said troops and the Mexican Government, whereby healtby and
otherwise suitable places, at a distance from the ports not exceeding thirty Ica'cues,
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 tlrst day
of May to the first day of Niivember.
All prisoners of war Uiken on either side, on land or on sea, shall be restored as
soon as practicable after the exchange of the ratifications of the 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 followini?
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 the 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 thence up the
;
middle of that river, following the deepest chann. I, where it has more than one,
to the point where it strikes the '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
;
of this Treaty, and shall have the same force as if it were inserted therein. The
two Governments will amicably agree regarding what maybe necessary to these
persons, also as to their respective escorts, should such be necessary-.
4 THE TRE ATY .
art'icle VI.
ARTICLE VII.
The river Gila, del Norte lying below the southern boim-
and the part of the Rio
dary of New Mexico, being agreeably to the Fifth Article, divided in the middle be-
tween the two Republics, the navigation of the Gila and 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 contri-
bution, under any denomination or title be levied upon vessels or persons naviga-
ting the same, or upon merchandize, or eflTects transported thereon, except in the
case of landing upon one of their shores. If, for the purpose of making said rivers
navigable, or for maintaining them in such a state, it should be necessary or ad-
vantageous 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, or
tax whatever.
Those who shall prefer to remain in 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 obUgation to make their selection within one year from the
date of the exchange of* ratSications 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 any kind, now belong^g to Mexicans not estab-
lished 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, guaranties equally ample as if the same belonged to citizens of
the United States.
[In place of the followmg Article, the Senate has inserted the third Article of the
Treaty between France and the United States, for the cession of Louisiana, which
provides that the inhabitants of the ceded territory shall be admitted to all the rights
and privileges of citizenship, in accordance with the principles of the Constitution,
as soon as Consri-ess shall determine and that in the meantime, they shall be pro-
;
tected in the enjoyment of all their liberty, property and i-eligious belief J
THE TREATY
ARTICLE IX.
Tbe Mexicans who in the territories aforesaid, shall not preserve the character
of citizens of the Mexican Repubhc, conformably with what is stipulated in the pre-
ceding article, shall be incorporated into the Union of the United States, and ad-
mitted 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 meantime
they shall be maintained and protected in the enjoyment of their hberty, their pro-
perty, 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 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 most ample guaranty shall be enjoyed by all ecclesiastics and religious cor-
porations, or communities, as well in the discharge of the offices of their ministry,
as in the enjoyment of their property of every kind whether indindual or corpo-
rate. This guaranty shall embrace all temples, houses and edifices dedicated to
the Roman Catholic worship as well as all property destined to its support, or to
;
dom shall continue so long as a new debarcation of ecclesiastical districts shall not
have been made, conformably with the laws of the Roman Catholic Church.
ARTICLE X.
[expunged.]
All grants of land made by the Mexican Government, or by the competent an
thorities, in territories pre%'iously appertaining to Mexico, and remaining fur the
iJture within the hmits of the United States, shall be rn(=pectcd as valid, to the same
extent that the same grants would be valid if tlie territories had remained within
the limits of Mexico. But the grantees of land 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 hmitcd in the same respectively, such peri-
ods to be now counted from the date of the 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.
The foregoing stipulation in regard to grantees of land in Texas, is extended to
all grantees of land in tlie territories aforesaid, elsewhere than in Texas, put in
possession under such grants and in default of the fulfillment of the conditions of
;
any such grants, 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 part of the territories which, by the present Treaty, are
to be comprehended for the futufe within the limits of the United States, is now
occupied by savage tribes, who will hereafter be under the control of the Govern-
ment of the United States, and whose incursions within the territory of Mexico
would be prejudicial in the extreme, it is solemnly aexeed that all such incursions
1*
6 THETREATY.
Bhall 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 exacted—
all in the same way, and with equal diligence and energy as if the same incursions
were committed in its own territory, asainst its own citizens.
It shall not be lawful, under any pretext whatever, for any inhabitant of the Uni-
ted 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
Republics, not to purchase or acquire horses, mules, cattle or property of any kind,
stolen within the Mexican territory, by such Indians nor to provide such Vidians
;
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 re-
ceiving such notice from Mexico, should obtain intelligence, through any other
channel, of the existence of Mexican caj^tives 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, there-
by aflbrding 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 Indians from any por-
tion of said territories, or for its being settled by the citizens of the United States
;
but, on the contrary, special care then shall be taken not to place its Indian occu-
pants 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 in the one or the other of the two modes below specified.
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 selected by it
;
the Government of the United States, at any time after two years from the ex-
change of ratifications of this Treaty; six month's public notice of the intention to
redeem the same being previously given. Certificates of such stock, in proper
form, for such sums as shall be specified by the Mexican Government, shall be de-
livered, and transferable by the said Government to the same by that of the United
States.
—
Second mode of payment Immediately after this Treaty shall have been duly
ratifiedby the Government of the Mexican Republic, the sum of three millions ol
dollars shall be paid to the said Government by that of the United States, at the City
of Mexico, in the gOid cr silver coin of Mexico. The remaining twelve millions of
THE TREATY. 1
iollara shall be paid at the same place, and in the same com, in annual instalments
of three milUons 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 Ti-oaty 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 instalment, as it falls
due, the whole interest accruing on such instalment from the beginning shall also
be paid.
[Certificates in the proper form for the said instalments, respectively, in sums as
shall be desired by the Mexican Government, and transferrable by it, shall be de-
livered to the said Government by that of the United States.]
[N. B. The first of these modes is rejected. The latter is adopted, with the ex-
ception of the last paragraph, in brackets.]
ARTICLE XIII.
The United States engage, moreover, to assume and pay to the claimants all the
amounts now due them, and these hereafter to become due, by reason of the claims
already liquidated and decided against the Mexican Republic, under the Conven-
tions between the two repubhcs 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 shaU 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 tht.- United States, not heretofore decided against the Mexican Gov-
ernment, 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
:
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 satisfac-
tion for the same, to an amount not exceeding three and one-quartor millions of
dollars. To ascertain the validity and amount of those claims, a Board of Com-
missioners shall be established by the Government of the United States, whose
awards shall be final and conclusive provided, that in deciding upon the validity
;
of each claim, the Board shall be guided and governed by the principles and rules
of 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 favor of
;
possible moment after the receipt of such demand, to cause any of the books, re-
cords, 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 Secre-
tarv of State, who shall immediately deliver them over to the said Board of Com-
m' jsioners provided, that no such application shall be made by or at the instance
;
of -y claimant, until the facts which it is expected to prove "by such books, re-
cords; or documents, shall have been stated under oath or affirmation.
THE TllEATY
ARTICLE XVI
Each of the contracting parties reserves to itself the entire right to fortify what-
ever point within its territory it may judge proper so to fortily for its security.
ARTICLE XVII.
The Treaty of amity, commerce, and navigation, concluded at the City of Mexi-
co on the 5th 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 not be incompatible vnth any stipulation con-
tamed 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 ot eight years
shall have expired, to terminate the same by giving one year's notice of such in-
tention to the other party.
ARTICLE XVIII.
All supplies whatever of troops of the United States in Mexico, arriving at ports
in the occupation of such troops pre\ious to the final evacuation thereof, although
subsequently to tie restoration of the Custom-Houses at such ports, shall be entire-
ly 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 impor-
tation, under cover of this stipulation, of any articles other than such, both in kind
and in quahty, as shall really be wanted for the use and consimiption 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 announce 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 tribu-
nal, shall be punished by the confiscation of the property eo attempted to be fraud-
ulently introduced.
ARTICLE XIX.
With respect to all merchandise, effects, and property whatsoever, imported into
ports of Mexico while in the occupation of the forces of the United States, wheth-
er by citizens of either repubhc, 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 res-
toration 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 impor-
tation 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 dut^ies, as pl-ovided 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, or upon their leaving
such place for the interior, be exempt from all duty, tax or impost of every kind,
\mder whatsoever title or denomination. Nor ehaU 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 while 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 of consumption thereof, and from ev-
ery 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
T H E TREATY .
^
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 re-ship the
same, exempt from all tax, impost, or contribution whatever.
With respect to the metals, or other property, exported from any Mexican port
while in the occupation of the forces of tiie 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 contribu-
tion 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 lessthan sixty days should elapse between the date of the signature of this Treaty
and the restoration of the custom-houses, conformably with a stipulation in the
third Article, in such case, all merchandise, effects, and property whatsoever, ar-
riving at the Mexican ports after the restoration of the said custom-houses, and pre-
viously to the expiration of sixty days after the signature of this lYeaty, shall be
admitted to entry and no other duties shall be levied thereon than the duties es-
;
tablished by the Tariff found in force at such custom-houses at the time of the re-
storation of the same. And to all such merchandise, effects and property, the rules
established in 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 endeavor, in the most sincere
and earnest manner, to settle the difference so arising, and to preser^'e 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 in reprisals, aggressions, or hostility of any kind by the
one RepubHc against the other, until the Government of that which deems itself
aggrieved shall have maturely considered, in the spirit of peace and good neigh-
borship, 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 shall unhappily
break out between the two Republics, they do now, with a view to such calamity,
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 RepubUc then residing in the other shall be allowed
to remain twelve months, (for those dwelling in the interior,) and six months, (for
those dweUing 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
allrespects, as the citizens or subjects of t-he most friendly nations and, at the ex-
;
piration thereof, or at any time before, they shall have full liberty to depart, car-
rying off all their effects without molestation or hinderance conforming therein to
;
the same laws which the citizens or subjects of the most friendly nations are re-
quired to conform to. Upon the entrance of the armies of either nation into the
10 T H E T RE AT Y
territories of the other, women and children, ecclesiastics, scholars of every fac-
ulty, 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 conDnon subsistence and benefit of man-
kind, 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
;
any thing 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 pursuits 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 quar-
ters ; and the common soldiers shall be disposed in cantonments, open and exten-
eive enough for air and exercise, and lodged in barracks as roomy and good as are
pro%ided by the party in whose power they are for its own troops. But if any
officer shall break his parole by leaving the district so assigned him, or any other
prisoner shah 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 an officer so breaking his parole, or any common soldier so escaping from
the limits assigned him, shaU afterward be found in arms, previously to his being
regularly exchanged, the person so oflfending 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 al-
lowed, either in kind or by computation, 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 pris-
oners 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 as he pleases
;
Bhall be allowed to receive, exempt from all duties or taxes, and to distribute,
whatever comforts may be sent to them by their friends and shall be free to
;
transmit his reports in open letters to the party by whom he is employed. And it
is declared that neither the pretense that war dissolves all Treaties, nor any other
whatever, shall be considered as annuling or suspending the solemn covenant con-
tained 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
;
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, 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 re-
;
Additional and Secret Article of the Treaty of Peace, Friendship, Limits, and
Settlement between the United States of America and the Mezicaii Republic, signed
this day by their respective Plenipotentiaries. (Expunged.)
In view of the possibility that the exchange of the ratifications of this Treaty may,
by the circumstances in which the Mexican Republic is placed, be 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 agreed that such delay shall not, in any man-
ner, afl'ect the force and validity of, this Treaty, unless it should exceed the term
of eight months, counted from the date of the signature thereof.
This article is to have the same force and virture as if inserted in the treaty to
which this is an addition.
In faith whereof, we, the respective Plenipotentiaries, have signed this additional
and secret article, and have hereunto affixed our seals, respectively. Done in
Quintuplicate at the city of Gaudalupe Hidalgo, on the second day of February, in
the year of our Lord one thousand eight hundred and forty -eight
N. P. TRIST, [l. 8.]
LUIS G. CUEVA8, [l. s.J
BERNARDO CONTO, [l. s.J
MIG. ATRISTAIN, [l. s.]
And whereas, ihe said Treaty, as amended, has been duly rati-
fied on both parts, and the respective ratifications of the same were
exchanged at Queretaro, on the thirtieth day of May last, by Am-
brose H. Sevier and Nathan Clifford, commissioners on the part of
the Government of the United States, and by Senor Don Luis de la
Rosa, Minister of Relations of the Mexican Republic, on the part
of that Government
Now, therefore, be it known, that I, James K. Polk, President
of the United States of America, have caused the said Treaty to
be made public, to the end that the same, and every clause and ar-
ticle thereof, may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington, on this fourth day of July, one
thousand eight hundred and forty-eight, and of the Independence
of the United States the seventy-third.
By the President,
[L. S.] JAMES K. POLK.
James Buchanan, Secretary of State.
THE NEW YORK PUBLIC LIBRARY
REFERENCE DEPARTMENT