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within convenient districts, and have comfortable quarters; and the common soldier shall be disposed in cantonments, open and extensive enough for air and exercise, and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any officer shall break his parole by leaving the district so assigned him, or any other prisoner shall 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 any officer so breaking his parole, or any common soldier so escaping from the limits assigned him, shall afterwards be found in arms, previously to his being regularly exchanged, the person so offending 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 allowed, either in kind or by commutation, 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 prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them be 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; shall 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 pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained 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 the most acknowledged obligations under the law of nature or nations."

ARTICLE XXIII.-Ratifications.

Negotiated by

N. P. TRIST.

MEXICO, 1853.

TREATY RELATIVE TO BOUNDARY, TRANSIT OF PERSONS, ETC., ACROSS THE ISTHMUS OF TEHUANTEPEC.

Concluded December 30, 1853. Ratifications exchanged at Washington, June 30, 1854. Proclaimed June 30, 1854.

ARTICLE I.-(Boundary between Mexico and the United States.) The Mexican Republic agrees to designate the following as her true limits with the United States for the future: Retaining the same dividing line 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."

ARTICLE II.-The 11th article of the treaty of 1848 annulled, ARTICLE III.-(Mexico to be paid ten million dollars.) "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 IV.-Articles VI. and VII. of the treaty of 1848 annulled.

ARTICLE VIII.-(Provisions respecting the road across the Isthmus of Tehuantepec).-"The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and railroad across the Isthmus of Tehuantepec, and to secure the stable benefits of said transit way to the citizens and merchandize of the citizens of Mexico and the United States, it is stipulated that neither Government will oppose 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."

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ARTICLE I.-(Articles admitted into United States free of duty.)--" For and in consideration of the rights granted by the United States of Mexico to the United States of America in article second of this convention, and as an equivalent therefor, the United States of America hereby agree to admit, free of import duties whether Federal or local, all the articles named in the following schedule, into all the ports of the United States of America, and into such places on their frontier with Mexico, as may be established now or hereafter as ports of entry by the United States of America, provided that the same be the growth and manufacture or produce of the United States of Mexico.

"Animals, alive, specially imported for breeding purposes; barley, not pearl; beef; coffee; eggs; esparto and other grasses, and pulp of, for the manufacture of paper; flowers, natural of all kinds; fruits; all kinds of fresh fruits, such as oranges, lemons, pine-apples, limes, bananas, plantains, mangoes, etc.; goat-skins, raw; henequen, sisal, hemp, and other like substitutes for hemp; hide-ropes; hides, raw or uncured, whether dry, salted, or pickled, and skins, except sheep-skins, with the wool on, Angora goat-skins, raw, without the wool, and asses' skins; indiarubber, crude and milk of; indigo; ixtle or tampico fibre; jalap; leather, old scrap; logwood, berries, nuts, archil, and vegetables for dyeing or used for composing dyes; molasses; palm or cocoanut oil; quicksilver; sarsaparilla, crude; shrimps and other shell fish; straw, unmanufactured; sugar, not above number 16, Dutch standard in color; tobacco in leaf, unmanufactured; vegetables, fresh of all kinds; wood, and timber of all kinds, unmanufactured, including ship timber."

ARTICLE II.-(Articles admitted into Mexico free of duty.)— "For and in consideration of the rights granted by the United States of America in the preceding article of this convention, and as an equivalent therefor, the United States of Mexico hereby agree to admit free of duties whether Federal or local, all the articles named in the following schedule, the same being the growth, manufacture or produce of the Unitea States of America, into all the ports of the United States of Mexico and into such places on their frontier with the United States of America as may be established now or hereafter as ports of entry by the United States of Mexico.

"Accordeons and harmonicas; anvils; asbestos for roofs; bars of steel for mines, round or octagonal; barrows and hand trucks with one or two wheels; bricks, refractory and all kinds of bricks; books, printed, unbound or bound in whole or in the greater part with paper or cloth; beams, small, and rafters of iron for roofs, provided that they cannot be made use of for other objects in which iron is employed; coal of all kinds; cars and carts with springs; coaches and cars for railways; crucibles and melting pots of all materials and sizes; cane-knives; clocks, mantel or wall; diligence and road carriages of all kinds and dimensions; dynamite; fire-pumps, engines, and ordinary pumps for irrigation and other purposes; faucets; fuse and wick for mines; feed, dry, and straw; fruits, fresh; fire-wood; fish, fresh; guano; hoes, mattocks, and their handles; houses of wood or iron, complete; hoes, common, agricultural knives without their sheaths, scythes, sickles, harrows, rakes, shovels, pick-axes, spades and mattocks for agriculture; henequen bags, on condition that they be used for subsequent exportation with Mexican products; ice; iron and steel made into rails for railways instruments, scientific; ink, printing; iron beams; lime, hydraulic locomotives; lithographic stones; masts and anchors, for vessels large or small; marble in blocks; marble in flags for pavements not exceeding forty centimeters in square and polished only on one side; machines and apparatus of all kinds for industrial, agricultural and mining purposes, sciences and arts, and any separate extra parts and pieces pertaining thereto; "The extra or separate parts of machinery and the apparatus that may come united or separately with the machinery are included in this provision, comprehending in this the bands of

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