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Rights not enumerated.

Powers reserved.

Limitation of judicial power.

Election of president.

Election of vicepresident.

ARTICLE IX.

49. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791.

ARTICLE X.

50. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791.

ARTICLE XI.

51. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. [Amendment, proposed 5th March, 1794; ratified 8th January, 1798.

ARTICLE XII.

52. The electors shall meet in their respective states, and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vicepresident, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate-the president of the senate shall, in presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted;-the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vicepresident shall act as president, as in the case of the death or other constitutional disability of the president.

53. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of twothirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

54. But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States. [Amendment, proposed 12th December, 1803; ratified 5th September, 1804.

12

Treaty of Peace, Friendship, Limits and
Settlement,

BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN

REPUBLIC.

Dated at Guadalupe Hidalgo, 2d February, 1848.
Ratified by the President U. S., 16th March, 1848.

Exchanged at Queretaro, 30th May, 1848.

Proclaimed by the President U. S., 4th July, 1848.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

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

In the name of Almighty God:

The United States of America and the United Mexican States, animated by a sincere
desire to put an end to the calamities of the war which unhappily exists between the two
Republics, and to establish upon a solid basis relations of peace and friendship, which
shall confer reciprocal benefits upon the citizens of both, and assure the concord, har-
mony, and mutual confidence, wherein the two people should live, as good neighbors,
have for that purpose appointed their respective plenipotentiaries-that is to say, the
president of the United States has appointed Nicholas P. Trist, a citizen of the United
States, and the president of the Mexican Republic has appointed Don Luis Gonzaga
Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic,
who, after a reciprocal commuuication of their respective full powers, have, under the
protection of Almighty God, the author of peace, arranged, agreed upon, and signed
the following

TREATY OF PEACE, FRIENDSHIP, LIMITS AND SETTLEMENT, BE-
TWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN
REPUBLIC.

ARTICLE I.

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

ARTICLE II.

hostilities.

57. Immediately upon the signature of this Treaty, a convention shall be entered Suspension of
into between a commissioner or commissioners appointed by the general-in-chief of the
forces of the United States, and such as may be appointed by the Mexican government,
to the end that a provisional suspension of hostilities shall take place, and that, in the
places occupied by the said forces, constitutional order may be re-established, as re- Re-establish
gards the political, administrative, and judicial branches, so far as this shall be per-
mitted by the circumstances of military occupation.

ARTICLE III.

ment of order.

ades.

troops.

58. Immediately upon the ratification of the present Treaty by the government of Raising blockthe United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this Treaty shall then have been ratified by the government of the Mexican Republic, and the ratifications exchanged) immediately to Withdrawal of desist from blockading any Mexican ports; and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United States then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican government hereby binding itself to afford every

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Delivery of custom-houses.

facility in its power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner, orders shall be dispatched to the persons in charge of the custom-houses at all the ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations, not yet fallen Accounts of col- 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 collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican government, at the city of Mexico, within three months after the exchange of ratifications.

lections.

Evacuation of

The evacuation of the capital of the Mexican Republic by the troops of the United Mexican capital. States, in virtue of the above stipulation, shall be completed within one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner, if possible.

Restoration of

ARTICLE IV.

59. Immediately after the exchange of ratifications of the present Treaty, all castles, castles, forts, &c. forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States during the present war within the limits of the Mexican Republic, as about to be established by the following article, shall be definitively restored to the said republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this Treaty shall be duly ratified by the government of the Mexican Republic. To this end, immediately upon the signature of this Treaty, orders shall be dispatched to the American officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of intrenchments surrounding the said city, is comprehended in the above stipulations as regards the restoration of artillery, apparatus of

Final evacuation

ritory.

war, etc.

The final evacuation of the territory of the Mexican Republic, by the forces of the PitoMexican ter- United States, shall be completed in three months from the said exchange of ratifications, or sooner, if possible: the Mexican government hereby engaging, as in the foregoing article, to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

Embarkation of troops.

Restoration of prisoners.

Boundary line.

If, however, the ratification of this Treaty by both parties should not take place in time to allow the embarkation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrangement shall be entered into between the generalin-chief of the said troops and the Mexican government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return of the healthy season. And the space of time here referred to as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November.

All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this Treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the government of the said United States will exact the release of such captives, and cause them to be restored to their country.

ARTICLE V.

60. The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the

point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila (or, if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same); thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in this article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said Republic, and constructed according to the best Authorities. Revised edition. Published at New York, in 1847, by J. Disturnell." Of which map a copy is added to this Treaty, bearing the signatures and seals of the undersigned plenipotentiaries. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean distant one marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana, of which plan a copy is hereunto added, signed and sealed by the respective plenipotentiaries.

mission.

In order to designate the boundary line with due precision, upon authoritative maps, Boundary comand to establish upon the ground landmarks which shall show the limits of both republics, as described in the present article, the two governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this Treaty, shall meet at the port of San Diego, and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this Treaty, and shall have the same force as if it were inserted therein. The two governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

The boundary line established by this article shall be religiously respected by each Permanency of of the two republics, and no change shall ever be made therein, except by the express boundary line. and free consent of both nations, lawfully given by the general government of each, in conformity with its own constitution.

ARTICLE VI.

Gulf of California

61. The vessels and citizens of the United States shall, in all time, have a free and Navigation of uninterrupted passage by the Gulf of California, and by the river Colorado below its and Colorado confluence with the Gila, to and from their possessions situated north of the boundary River. line defined in the preceding article; it being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican government.

If, by the examinations which may be made, it should be ascertained to be practica- Road, canal or railway on Gila ble and advantageous to construct a road, canal, or railway, which should in whole or River. part run upon the river Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.

ARTICLE VII.

Gila River and

62. The river Gila, and the part of the Rio Bravo del Norte lying below the south- Navigation of the ern boundary of New Mexico, being, agreeably to the fifth article, divided in the mid- Rio Bravo del dle between the two republics, the navigation of the Gila and of the Bravo below said Norte. boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same, or upon merchandise or effects transported thereon, except in the case of landing upon one of

Territorial rights.

their shores. If, for the purpose of making the said rivers navigable, or for maintain-
ing them in such state, it should be necessary or advantageous to establish any tax or
contribution, this shall not be done without the consent of both governments.
The stipulations contained in the present article shall not impair the territorial rights
of either republic within its established limits.

ARTICLE VIII.

Privileges of
Mexicans.

Property.

Citizenship.

Property of nonresident Mexi

cans.

Admission of
Mexicans to citi-
zenship in the
United States.

Right to liberty, property and religion.

Incursions of

Savages into
Mexican

territory.

Purchase of per

ty captured by Indians.

63. Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present Treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.

Those who shall prefer to remain in the said territories, may either retain the title and rights of Mexican citizens, or acquire those of citizens of the United States. But they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, (") shall be considered to have elected to become citizens of the United States.

In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy, with respect to it, guarantees equally ample as if the same belonged to citizens of the United States.()

ARTICLE IX.

64. The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States according to the principles of the constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction.

[Stricken out.]

ARTICLE X.

ARTICLE XI.

65. Considering that a great part of the territories which, by the present Treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States whensoever this may be necessary; and that, when they cannot be prevented, they shall be punished by the said government, and satisfaction for the same shall be exacted-all in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory against its own citizens.

It shall not be lawful, under any pretext whatever, for any inhabitant of the United sons and proper States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republies, nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians.

() Those who have declared such intention still remain aliens and foreigners, People vs. Naglee, 1 Cal. 232. (4) A mere grant of land by the Mexican governor, without compliance by the grantee with the further requisitions of the Mexican laws, forms but an inchoate title, and the land passed to the United States, which hold it subject to the trust imposed by the Treaty and equities of the grantee. The execution of this trust is a political power, to which the judiciary is not competent, Lecse vs. Clarke, 3 Cal. 17; but see Ferris vs. Coover, 10 Cal. 589; see also Leese vs. Clarke, 18 Cal. 535.

The validity of Mexican grants of land in California must be determined by the Mexican laws, Id.; Vanderslice vs. Hanks, 3 Cal. 27, 47; Ferris vs. Coover, 10 Cal. 589.

When California was ceded to the United, States the rights of property of its citizens remained unchanged. By the law of nations those rights were sacred and inviolable, and the obligation passed to the new government to protect and maintain them. The term property as applied to lands embraces all titles legal or equitable, perfect or imperfect, Teschemacher vs. Thompson, 18 Cal. 12.

Mexican grants are legal titles, and most of them, when united to possession, are such equitable titles as are entitled to protection and give a right to a possessory action, Lathrop vs. Mills, 19 Cal. 518.

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