ARTICLE 1st.

The Mexican Republic agrees to designate the following as her true limits with the United States for the future, Retaining the same dividing lines between the two Californias, as already defined and established according to the 5th Article of the Treaty of Guadalupe Hidalgo, the limits between the Two Republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande as provided in the fifth article of the treaty of Guadalupe Hidalgo, thence as defined in the said article, up the middle of that river to the point where the parallel of 31° 47′ north latitude crosses the same, thence due west one hundred miles, thence south to the parallel of 31° 20′ north latitude, thence along the said parallel of 31° 20′ to the 111th meridian of longitude west of Greenwich, thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado rivers, thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico.

For the performance of this portion of the Treaty each of the two Governments shall nominate one Commissioner to the end that, by common consent, the two thus nominated having met in the city of Paso del Norte, three months after the exchange of the ratifications of this Treaty may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the Mixed Commission, according to the Treaty of Guadalupe keeping a Journal and making proper plans of their operations. For this purpose if they should judge it necessary; the contracting Parties shall be at liberty each to unite to its respective Commissioner Scientific or other assistants, such as Astronomers and Surveyors whose concurrence shall not be considered necessary for the settlement and ratification of a true line of division between the two Republics; that line shall be alone established upon which the Commissioners may fix, their consent in this particular being considered decisive and an integral part of this Treaty, without necessity of ulterior ratification or approval, and without room for interpretation of any kind by either of the Parties contracting.

The dividing line thus established shall in all time be faithfully respected by the two Governments without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the Law of Nations, and in accordance with the constitution of each country respectively.

In consequence, the stipulation in the 5th Article of the Treaty of Guadalupe upon the Boundary line therein described is no longer of any force, wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same.

ARTICLE II.

The Government of Mexico hereby releases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe Hidalgo, and the said article and the thirty third article of the treaty of Amity, Commerce and navi

gation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831, are hereby abrogated.

ARTICLE III.

In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the Government of Mexico, in the City of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining three millions as soon as the boundary line shall be surveyed, marked, and established.

ARTICLE IVth.

The provisions of the 6th and 7th articles of the Treaty of Guadalupe Hidalgo having been rendered nugatory for the most part by the Cession of Territory granted in the First Article of this Treaty, the said Articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor-The Vessels and Citizens of the United States shall in all Time have free and uninterrupted passage through the Gulf of California to and from their possessions situated North of the Boundary line of the Two Countries. It being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican Government, and precisely the same provisions, stipulations and restrictions in all respects are hereby agreed upon and adopted and shall be scrupulously observed and enforced by the Two Contracting Governments, in reference to the Rio Colorado, so far and for such distance as the middle of that River is made their common Boundary Line by the First Article of this Treaty.

The several Provisions, Stipulations and restrictions contained in the 7th Article of the Treaty of Guadalupe Hidalgo shall remain in force only so far as regards the Rio Bravo del Norte below the initial of the said Boundary provided in the First Article of this Treaty That is to say below the intersection of the 31° 47′ 30′′ parallel of Latitude with the Boundary Line established by the late Treaty dividing said river from its mouth upwards according to the 5th Article of the Treaty of Guadalupe.

ARTICLE Vth.

All the provisions of the Eighth and Ninth Sixteenth and Seventeenth Articles of the Treaty of Guadalupe Hidalgo shall apply to the Territory ceded by the Mexican Republic in the First Article of the Present Treaty and to all the rights of persons and property both civil and ecclesiastical within the same, as fully and as effectually as if the said Articles were herein again recited and set forth

ARTICLE VIth

No Grants of Land within the Territory ceded by the First Article of this Treaty bearing date subsequent to the day-twenty fifth of September-when the Minister and Subscriber to this Treaty on the S. Doc. 318, 58-2—34

part of the United States proposed to the Government of Mexico to terminate the question of Boundary, will be considered valid or be recognized by the United States or will any Grants made previously be respected or be considered as obligatory which have not been located and duly recorded in the Archives of Mexico.

ARTICLE VII.

Should there at any future period (which God forbid) occur any disagreement between the two Nations which might lead to a rupture of their relations and reciprocal peace, they bind themselves in like manner to procure by every possible method the adjustment of every difference, and should they still in this manner not succeed, never will they proceed to a declaration of War without having previously paid attention to what has been set forth in Article 21 of the Treaty of Guadalupe for similar cases; which article as well as the 22d is here re-affirmed.a

ARTICLE VIII.

The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and rail road across the Isthmus of Tehuantepec, and to secure the stable benefits of said transit way to the persons and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle to the transit of persons and merchandize of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government.

The United States by its agents shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States Government and its citizens, which may be intended for transit, and not for distribution on the Isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the Isthmus and not remaining in the country.

When the construction of the railroad shall be completed, the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico.

The two governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that Government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent.

The Mexican Government having agreed to protect with its whole power the prosecution, preservation and security of the work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or international law.

@ See p. 524.

ARTICLE IX.

This Treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington, within the exact period of six months from the date of its signature or sooner if possible.

In testimony whereof, We the Plenipotentiaries of the contracting parties have hereunto affixed our hands and seals at Mexico the thirtieth (30th) day of December in the Year of Our Lord one thousand eight hundred and fifty three, in the thirty third year of the Independence of the Mexican Republic, and the seventy eighth of that of the United States.

Concluded December 11, 1861; ratification advised by the Senate with amendment April 9, 1862; ratified by the President April 11, 1862; ratifications exchanged May 20, 1862; proclaimed June 20, 1862. (Treaties and Conventions, 1889, p. 698.)

By notification from the Mexican Government the treaty was abrogated January 24, 1899.

1868.

CLAIMS CONVENTION."

Concluded July 4, 1868; ratification advised by the Senate July 25, 1868; ratified by the President January 25, 1869; ratifications exchanged February 1, 1869; proclaimed February 1, 1869. (Treaties and Conventions, 1889, p. 700.)

Under this convention of seven articles a joint commission was appointed to consider mutual claims, consisting of one commissioner for each country, who together chose an umpire. The first meeting took place August 10, 1869, considered to have been held July 31, 1869. The final session was January 31, 1876. The awards rendered were: In favor of citizens of the United States, $4,125,622.20; and in favor of citizens of Mexico, $150,498.41.

a Federal cases: Benson v. McMahon, 127 U. S., 457; Ornelas v. Ruiz, 161 U. S., 502; Ex parte Coy, 32 Fed. Rep., 911; In re Benson, 34 Fed. Rep., 649; Ex parte McCabe, 46 Fed. Rep., 363; In re Rowe, 77 Fed. Rep., 161.

Federal cases: Frelinghuysen v. Key, 110 U. S., 63; Alling v. U. S., 114 U. S, 562; U. S. ex rel. Boynton v. Blaine, 139 U. S., 306; U. S. ex rel. Key v. Frelinghuysen, 2 Mackey (D. C.), 299.

1868.

NATURALIZATION CONVENTION."

Concluded July 10, 1868; ratification advised by the Senate July 25, 1868; ratified by the President January 27, 1869; ratifications exchanged February 1, 1869; proclaimed February 1, 1869. (Treaties and Conventions, 1889, p. 704.)

This convention of six articles was terminated February 11, 1882, upon notification given by Mexico.

1871.

CLAIMS CONVENTION.

Concluded April 19, 1871; ratification advised by the Senate December 11, 1871; ratified by the President December 15, 1871; ratifications exchanged February 8, 1872; proclaimed February 8, 1872. (Treaties and Conventions, 1889, p. 705.)

By this convention of two articles the duration of the claims commission organized under the Convention of 1868 was extended one year.

1872.

CLAIMS CONVENTION.

Concluded November 27, 1872; ratification advised by the Senate with amendment March 9, 1873; ratified by the President March 10, 1873; ratifications exchanged July 17, 1873; proclaimed July 24, 1873. (Treaties and Conventions, 1889, p. 706.)

The time for the completion of the labors of the claims commission under the Convention of 1868 was further extended by this convention for another year.

1874.

CLAIMS CONVENTION.

Concluded November 20, 1874; ratification advised by the Senate January 20, 1875; ratified by the President January 22, 1875; ratifications exchanged January 28, 1875; proclaimed January 28, 1875. (Treaties and Conventions, 1889, p. 707.)

The claims commission under the Convention of 1868 was still further extended by this convention for another year.

a Federal case: In re Rodriguez. 81 Fed. Rep., 337.