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Treaty of Guadalupe Hidalgo

The Treaty of Guadalupe Hidalgo[a] officially ended the Mexican–American War (1846–1848). It was signed on 2 February 1848 in the town of Guadalupe Hidalgo.

Treaty of Guadalupe Hidalgo
Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the United Mexican States
Cover of the exchange copy of the treaty of Guadalupe Hidalgo
Signed2 February 1848 (1848-02-02)
LocationGuadalupe Hidalgo
Effective30 May 1848
Negotiators
List
Parties
CitationsStat. 922; TS 207; 9 Bevans 791
See also the military convention of 29 February 1848 (5 Miller 407; 9 Bevans 807).

After the defeat of its army and the fall of the capital in September 1847, Mexico entered into peace negotiations with the U.S. envoy, Nicholas Trist. The resulting treaty required Mexico to cede 55 percent of its territory including the present-day states of California, Nevada, Utah, most of Colorado, New Mexico and Arizona, and a small portion of Wyoming. Mexico also relinquished all claims for Texas and recognized the Rio Grande as the southern boundary of Texas.

In turn, the U.S. government paid Mexico $15 million "in consideration of the extension acquired by the boundaries of the United States" and agreed to pay debts owed to American citizens by the Mexican government. Mexicans in areas annexed by the U.S. could relocate within Mexico's new boundaries or receive American citizenship and full civil rights.[2]

The United States ratified the treaty on 10 March and Mexico on 19 May. The ratifications were exchanged on 30 May, and the treaty was proclaimed on 4 July 1848.[3]

The U.S. Senate ratified the treaty by a vote of 38–14. The opponents of this treaty were led by the Whigs, who had opposed the war and rejected manifest destiny in general, and rejected this expansion in particular. The amount of land gained by the United States from Mexico was further increased due to the Gadsden Purchase of 1853, which ceded parts of present-day southern Arizona and New Mexico to the United States.

Negotiators edit

Nicholas Trist negotiated the peace talks; Trist, the chief clerk of the U.S. State Department, accompanied General Winfield Scott as a diplomat and President James K. Polk's representative. After two previous unsuccessful attempts to negotiate a treaty with General José Joaquín de Herrera, Trist and General Scott determined that the only way to deal with Mexico was as a conquered enemy. Trist negotiated with a special commission representing the collapsed government led by Don José Bernardo Couto, Don Miguel de Atristain, and Don Luis Gonzaga Cuevas of Mexico.[4][page needed]

Terms edit

 
"Mapa de los Estados Unidos de Méjico by John Disturnell, the 1847 map used during the negotiations

Although Mexico ceded Alta California and Santa Fe de Nuevo México, the text of the treaty[5] did not list territories to be ceded and avoided the disputed issues that were causes of war: the validity of the 1836 revolution that established the Republic of Texas, Texas's boundary claims as far as the Rio Grande, and the right of the Republic of Texas to arrange the 1845 annexation of Texas by the United States.

Instead, Article V of the treaty described the new U.S.–Mexico border. From east to west, the border consisted of the Rio Grande northwest from its mouth to the point where it strikes the southern boundary of New Mexico (roughly 32 degrees north), as shown in the Disturnell map, then due west from this point to the 110th meridian west, then north along the 110th meridian to the Gila River and down the river to its mouth. Unlike the New Mexico segment of the boundary, which depended partly on unknown geography, "to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California", a straight line was drawn from the mouth of the Gila to one marine league south of the southernmost point of the port of San Diego, slightly north of the previous Mexican provincial boundary at Playas de Rosarito.

Comparing the boundary in the Adams–Onís Treaty to the Guadalupe Hidalgo boundary, Mexico conceded about 55% of its pre-war, pre-Texas territorial claims[6] and now has an area of 1,972,550 km² (761,606 sq mi).

In the United States, the 1.36 million km² (525,000 square miles) of the area between the Adams-Onis and Guadalupe Hidalgo boundaries outside the 1,007,935 km2 (389,166 sq mi) claimed by the Republic of Texas is known as the Mexican Cession. That is to say, the Mexican Cession is construed not to include any territory east of the Rio Grande, while the territorial claims of the Republic of Texas included no territory west of the Rio Grande. The Mexican Cession included essentially the entirety of the former Mexican territory of Alta California, but only the western portion of Santa Fe de Nuevo Mexico, and includes all of present-day California, Nevada and Utah, most of Arizona, western portions of New Mexico and Colorado, and the southwestern corner of Wyoming.

Articles VIII and IX ensured the safety of existing property rights of Mexican citizens living in the transferred territories. Despite assurances to the contrary, land grants by the Mexican government to its citizens were often not honored by the United States because of unilateral modifications to and interpretations of the Treaty and U.S. legal decisions.[7][8] Land disputes between the descendants of Mexican land owners and Anglo Americans continued into the 21st century.[9][10] The United States also agreed to assume $3.25 million (equivalent to $109.9 million today) in debts that Mexico owed to United States citizens.

The residents had one year to choose whether they wanted American or Mexican citizenship; over 90% chose American citizenship. The others moved to what remained of Mexico (where they received land) or, in some cases in New Mexico, were allowed to remain in place as Mexican citizens.[11][12]

Article XII engaged the United States to pay, "In consideration of the extension acquired", 15 million dollars (equivalent to $510 million today),[13] in annual installments of 3 million dollars.

Article XI of the treaty was important to Mexico. It provided that the United States would prevent and punish raids by Indians into Mexico, prohibited Americans from acquiring property, including livestock, taken by the Indians in those raids, and stated that the United States would return captives of the Indians to Mexico. Mexicans believed that the United States had encouraged and assisted the Comanche and Apache raids that had devastated northern Mexico in the years before the war. This article promised relief to them.[14]

Article XI, however, proved unenforceable. Destructive Indian raids continued despite a heavy U.S. presence near the Mexican border. Mexico filed 366 claims with the U.S. government for damages done by Comanche and Apache raids between 1848 and 1853.[15] In 1853, in the Treaty of Mesilla concluding the Gadsden Purchase, Article XI was annulled.[16]

Results edit

The land that the Treaty of Guadalupe Hidalgo brought into the United States became, between 1850 and 1912, all or part of nine states: California (1850), Nevada (1864), Utah (1896), and Arizona (1912), as well as, depending upon interpretation, the entire state of Texas (1845), which then included part of Kansas (1861); Colorado (1876); Wyoming (1890); Oklahoma (1907); and New Mexico (1912). The area of domain acquired was given by the Federal Interagency Committee as 338,680,960 acres.[17] The cost was $16,295,149 or approximately 5 cents an acre.[17] The remainder (the southern parts) of New Mexico and Arizona were peacefully purchased under the Gadsden Purchase, which was carried out in 1853. In this purchase, the United States paid an additional $10 million (equivalent to $280 million in 2022) for land intended to accommodate a transcontinental railroad. However, the American Civil War delayed the construction of such a route, and it was not until 1881 that the Southern Pacific Railroad finally was completed as a second transcontinental railroad, fulfilling the purpose of the acquisition.[18]

Background to the war edit

Mexico had claimed the area in question since winning its independence from the Spanish Empire in 1821 following the Mexican War of Independence. The Spanish had conquered part of the area from the American Indian tribes over the preceding three centuries. Still, powerful and independent indigenous nations remained within that northern region of Mexico.[citation needed]

Most of that land was too dry and too mountainous to support a large population. About 80,000 Mexicans inhabited California, New Mexico, Arizona, and Texas during the period 1845 to 1850, with far fewer in Nevada, southern and western Colorado, and Utah.[19] On 1 March 1845, U.S. President John Tyler signed legislation to authorize the United States to annex the Republic of Texas, effective on 29 December 1845. The Mexican government, which had never recognized the Republic of Texas as an independent country, had warned that annexation would be viewed as an act of war. Both the United Kingdom and France recognized the Republic of Texas's independence and repeatedly tried to dissuade Mexico from declaring war against its northern neighbor. British efforts to mediate the quandary proved fruitless, in part because other political disputes (particularly the Oregon boundary dispute) arose between Great Britain (as the claimant of modern Canada) and the United States.

On 10 November 1845, before the outbreak of hostilities, President James K. Polk sent his envoy, John Slidell, to Mexico. Slidell had instructions to offer Mexico around $5 million for the territory of Nuevo México and up to $40 million for Alta California.[20] The Mexican government dismissed Slidell, refusing to even meet with him.[21] Earlier in that year, Mexico had broken off diplomatic relations with the United States, based partly on its interpretation of the Adams–Onís Treaty of 1819, under which newly independent Mexico claimed it had inherited rights. In that agreement, the United States had "renounced forever" all claims to Spanish territory.[22][23]

Neither side took any further action to avoid a war. Meanwhile, Polk settled a major territorial dispute with Britain via the Oregon Treaty, which was signed on 15 June 1846. By avoiding any chance of conflict with Great Britain, the United States was given a free hand regarding Mexico. After the Thornton Affair of 25–26 April, when Mexican forces attacked an American unit in the disputed area, with the result that 11 Americans were killed, five wounded, and 49 captured, Congress passed a declaration of war, which Polk signed on 13 May 1846. The Mexican Congress responded with its own war declaration on 23 April 1846.[citation needed][24]

Conduct of war edit

 
Map o. S. Augustus Mitchell, Philadelphia, 1847. Alta California shown including Nevada, Utah, and Arizona.

U.S. forces quickly moved beyond Texas to conquer Alta California, and New Mexico. Fighting there ended on 13 January 1847 with the signing of the "Capitulation Agreement" at "Campo de Cahuenga" and the end of the Taos Revolt.[25] By the middle of September 1847, U.S. forces had successfully invaded central Mexico and occupied Mexico City.

Peace negotiations edit

Some Eastern Democrats called for complete annexation of Mexico and recalled that a group of Mexico's leading citizens had invited General Winfield Scott to become dictator of Mexico after his capture of Mexico City (he declined).[26] However, the movement did not draw widespread support. President Polk's State of the Union address in December 1847 upheld Mexican independence and argued at length that occupation and any further military operations in Mexico were aimed at securing a treaty ceding California and New Mexico up to approximately the 32nd parallel north and possibly Baja California and transit rights across the Isthmus of Tehuantepec.[21]

Despite several military defeats, the Mexican government was reluctant to agree to the loss of California and New Mexico. Even with its capital under enemy occupation, the Mexican government was inclined to consider factors such as the unwillingness of the U.S. administration to annex Mexico outright and what appeared to be deep divisions in domestic U.S. opinion regarding the war and its aims, which caused it to imagine that it was actually in a far better negotiating position than the military situation might have suggested.[citation needed] A further consideration was the growing opposition to slavery that had caused Mexico to end formal slavery in 1829 and its awareness of the well-known and growing sectional divide in the U.S. over the issue of slavery. It, therefore, made sense for Mexico to negotiate to play Northern U.S. interests against Southern U.S. interests.[citation needed]

The Mexicans proposed peace terms that offered only the sale of Alta California north of the 37th parallel north — north of Santa Cruz, California and Madera, California and the southern boundaries of today's Utah and Colorado. Anglo-American settlers already dominated this territory, but perhaps more importantly from the Mexican point of view, it represented the bulk of pre-war Mexican territory north of the Missouri Compromise line of parallel 36°30′ north — lands that, if annexed by the United States, would have been presumed by Northerners to be forever free of slavery. The Mexicans also offered to recognize the freedom of Texas from Mexican rule and its right to join the Union but held to its demand of the Nueces River as a boundary.[citation needed]

While the Mexican government could not reasonably have expected the Polk Administration to accept such terms, it would have had reason to hope that a rejection of peace terms so favorable to Northern interests might have the potential to provoke sectional conflict in the United States or perhaps even a civil war that would fatally undermine the U.S. military position in Mexico. Instead, these terms, combined with other Mexican demands (in particular, for various indemnities), only provoked widespread indignation throughout the United States without causing the sectional conflict the Mexicans hoped for.

Jefferson Davis advised Polk that if Mexico appointed commissioners to come to the United States, the government that appointed them would probably be overthrown before they completed their mission, and they would likely be shot as traitors on their return; so that the only hope of peace was to have a U.S. representative in Mexico.[27] Nicholas Trist, chief clerk of the State Department under President Polk, finally negotiated a treaty with the Mexican delegation after ignoring his recall by President Polk in frustration with the failure to secure a treaty.[28] Notwithstanding that the treaty had been negotiated against his instructions, given its achievement of the major American aim, President Polk passed it on to the Senate.[28]

The Treaty of Guadalupe Hidalgo was signed by Nicholas Trist (on behalf of the United States) and Luis G. Cuevas, Bernardo Couto, and Miguel Atristain as plenipotentiary representatives of Mexico on 2 February 1848 at the main altar of the old Basilica of Guadalupe at Villa Hidalgo (within the present city limits) as U.S. troops under the command of Gen. Winfield Scott were occupying Mexico City.[29]

Debate in the American Congress edit

 
First page of the original treaty[29]

The version of the treaty ratified by the United States Senate eliminated Article X,[30] which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the United States by those respective governments to citizens of Spain and Mexico. Article VIII guaranteed that Mexicans who remained more than one year in the ceded lands would automatically become full-fledged United States citizens (or they could declare their intention of remaining Mexican citizens); however, the Senate modified Article IX, changing the first paragraph and excluding the last two. Among the changes was that Mexican citizens would "be admitted at the proper time (to be judged of by the Congress of the United States)" instead of "admitted as soon as possible", as negotiated between Trist and the Mexican delegation.

An amendment by Jefferson Davis giving the United States most of Tamaulipas and Nuevo León, all of Coahuila, and a large part of Chihuahua was supported by both senators from Texas (Sam Houston and Thomas Jefferson Rusk), Daniel S. Dickinson of New York, Stephen A. Douglas of Illinois, Edward A. Hannegan of Indiana, and one each from Alabama, Florida, Mississippi, Ohio, Missouri, and Tennessee. Most of the leaders of the Democratic party, Thomas Hart Benton, John C. Calhoun, Herschel V. Johnson, Lewis Cass, James Murray Mason of Virginia and Ambrose Hundley Sevier were opposed, and the amendment was defeated 44–11.[31]

An amendment by Whig Sen. George Edmund Badger of North Carolina to exclude New Mexico and California lost 35–15, with three Southern Whigs voting with the Democrats. Daniel Webster was bitter that four New England senators made deciding votes for acquiring the new territories.

A motion to insert into the treaty the Wilmot Proviso (banning slavery from the acquired territories) failed 15–38 on sectional lines.

The treaty was leaked to John Nugent before the U.S. Senate could approve it. Nugent published his article in the New York Herald and, afterward, was questioned by senators. He was detained in a Senate committee room for one month, though he continued to file articles for his newspaper and ate and slept at the home of the sergeant at arms. Nugent did not reveal his source, and senators eventually gave up their efforts.[32]

The treaty was subsequently ratified by the U.S. Senate by a vote of 38 to 14 on 10 March 1848 and by Mexico through a legislative vote of 51 to 34 and a Senate vote of 33 to 4, on 19 May 1848. News that New Mexico's legislative assembly had just passed an act for the organization of a U.S. territorial government helped ease Mexican concern about abandoning the people of New Mexico.[33] The treaty was formally proclaimed on 4 July 1848.[34]

Debate in the Mexican Congress edit

 
President Manuel de la Peña y Peña

The Mexican Congress and President Manuel de la Peña y Peña met at Querétaro City in May, 1848 while Mexico City was occupied, and were now faced with the task of negotiating the treaty while dealing with separatism and anarchy spreading throughout the country. The Caste War was ongoing in Yucatán, and the insurgents in that conflict, had occupied the major cities. Many states considered the federal government to be an enemy and refused to pay taxes. Meanwhile, most notably in the Federal District there was a Mexican element advocating annexation of the entire country to the United States.[35]

The majority of congress supported the government's peace policy viewing in the Treaty of Guadalupe nothing but the unfortunate result of a poorly fought war, and viewed under this perspective as a national necessity. A foreign relations commission returned affirmative answers to two questions that congress had directed it to report upon: May the government with the consent of Congress cede a portion of territory? Is it suitable to make peace upon the terms which have been proposed? The first question was resolved based upon the principle that congress was the deposit of the national sovereignty. The second question was resolved upon the consideration that Mexico had never been in full possession of the territories that were about to be ceded, and that most of that land was either not populated, or populated by hostile indigenous tribes.[36] It was also taken into account that Mexico could not continue the war without facing certain defeat and risking the loss of the entire country.[37] After the commission reported upon its findings, the Treaty of Guadalupe Hidalgo was approved by congress and President Peña y Peña now worked upon decrees to prevent disorder in the capital once the occupiers left, and for the establishment of a national guard. On 26 May 1848 the government received the commissioners Nathan Clifford and Ambrose Hundley Sevier who were in Mexico to negotiate the treaty after congress had approved it with some slight modifications.[38]

Meanwhile, the President had to deal with guerilla warfare throughout the country afflicting both the American occupiers and Mexican merchants. The aim of the guerillas was to disrupt the American supply chain from Veracruz to the capital. This was also leading to indiscriminate American reprisals.[39] As the peace treaty was concluded and the occupiers were on the point of leaving the country, congress named Jose Joaquin Herrera to the presidency of the republic, and Peña y Peña left his post as president in exchange for the presidency of the Supreme Court on 3 June 1848. The government left Querétaro and returned to the capital.[40]

Protocol of Querétaro edit

On 30 May 1848, when the two countries exchanged ratifications of the treaty of Guadalupe Hidalgo, they further negotiated a three-article protocol to explain the amendments. The first article stated that the original Article IX of the treaty, although replaced by Article III of the Treaty of Louisiana, would still confer the rights delineated in Article IX. The second article confirmed the legitimacy of land grants pursuant to Mexican law.[41]

The protocol further noted that the Mexican Minister of Foreign Affairs had accepted said explanations on behalf of the Mexican Government,[41] and was signed in Querétaro by A. H. Sevier, Nathan Clifford and Luis de la Rosa.

The United States would later ignore the protocol on the grounds that the U.S. representatives had over-reached their authority in agreeing to it.[42]

Treaty of Mesilla edit

The Treaty of Mesilla, which concluded the Gadsden purchase of 1854, had significant implications for the treaty of Guadalupe Hidalgo. Article II of the treaty annulled article XI of the treaty of Guadalupe Hidalgo, and article IV further annulled articles VI and VII of Guadalupe Hidalgo. Article V, however, reaffirmed the property guarantees of Guadalupe Hidalgo, specifically those contained within articles VIII and IX.[43]

Effects edit

 
The Mexican Cession agreed with Mexico (white) and the Gadsden Purchase (brown). Part of the area marked as Gadsden Purchase near modern-day Mesilla, New Mexico, was disputed after the Treaty.

In addition to the sale of land, the treaty also provided recognition of the Rio Grande as the boundary between the state of Texas and Mexico.[44] The land boundaries were established by a survey team of appointed Mexican and American representatives,[28] and published in three volumes as The United States and Mexican Boundary Survey. On 30 December 1853, the countries, by agreement, altered the border from the initial one by increasing the number of border markers from 6 to 53.[28] Most of these markers were simply piles of stones.[28] Two later conventions, in 1882 and 1889, further clarified the boundaries, as some of the markers had been moved or destroyed.[28] Photographers were brought in to document the location of the markers. These photographs are in Record Group 77, Records of the Office of the Chief Engineers, in the National Archives.

The southern border of California was designated as a line from the junction of the Colorado and Gila rivers westward to the Pacific Ocean so that it passes one Spanish league south of the southernmost portion of San Diego Bay. This was done to ensure that the United States received San Diego and its excellent natural harbor.[45]

The treaty extended the choice of U.S. citizenship to Mexicans in the newly purchased territories before many African Americans, Asians, and Native Americans were eligible. If they chose to, they had to declare to the U.S. government within a year of the Treaty being signed; otherwise, they could remain Mexican citizens, but they would have to relocate.[6] Between 1850 and 1920, the U.S. Census counted most Mexicans as racially "white".[46]

Community property rights in California and other western states are based on the Visigothic Code which Spain adopted and then brought to the Americas, including the former territories of Mexico that were ceded to the U.S. Although each state had different motivations for adopting the Spanish approach, one common driver was that it was already in place in the region for many years. Changing to a common law system for marital property "would have been nothing short of a revolution".[47]

Land gained by the United States edit

 
E. Gilman, [United States (after the Treaty of Guadalupe Hidalgo)], 1848

The United States received the territories of Alta California and Santa Fe de Nuevo México. Today they comprise some or all of the U.S. states of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming from the treaty. While this land was vast in area, most of it was very sparsley populated, inhabited mostly by indigenous Americans, rather than white Americans or Mexicans.[48]

Additional issues edit

Disputes about whether to make all this new territory into free states or slave states contributed heavily to the rise in North–South tensions that led to the American Civil War just over a decade later.

Border disputes continued. Mexico's economic problems persisted,[49] leading to the controversial Gadsden Purchase in 1854, intended to rectify an error in the original treaty, but led to Mexico demanding a large sum of money for the revision, which was paid. There was also William Walker's short-lived Republic of Lower California filibustering incident in that same year.[50] The Channel Islands of California and Farallon Islands are not mentioned in the Treaty.[51]

The border commission also faced many difficulties in mapping out the border, with the surveying process lasting over 7 years, due to the challenges of marking out a border in such a vast desolate territory and negotiating with indigenous Americans who had not been considered in the prior treaty negotiations.[48]

The armed forces of both countries routinely crossed the border. Mexican and Confederate troops often clashed during the American Civil War, and the United States crossed the border during the war of Second French intervention in Mexico. In March 1916, Pancho Villa led a raid on the U.S. border town of Columbus, New Mexico, which was followed by the Pershing expedition. The shifting of the Rio Grande since the signing of the Treaty of Guadalupe caused a dispute over the boundary between the states of New Mexico and Texas, a case referred to as the Country Club Dispute that was decided by the U.S. Supreme Court in 1927.[52] Controversy over community land grant claims in New Mexico persists to this day.[53]

The Treaty of Guadalupe Hidalgo led to the establishment in 1889 of the International Boundary and Water Commission to maintain the border and, according to newer treaties, to allocate river waters between the two nations and to provide for flood control and water sanitation. Once viewed as a model of international cooperation, in recent decades, the IBWC has been heavily criticized as an institutional anachronism, bypassed by modern social, environmental, and political issues.[54]

Writing many years later, Nicholas Trist would describe the treaty as "a thing for every right-minded American to be ashamed of".[55]

See also edit

Notes edit

  1. ^ (Spanish: Tratado de Guadalupe Hidalgo), officially the Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the United Mexican States.[1]

References edit

  1. ^ "Treaty of Guadalupe-Hidalgo [Exchange copy]". NATIONAL ARCHIVES CATALOG. US National Archives. 2 February 1848. Retrieved 13 October 2019.
  2. ^ "Treaty of Guadalupe Hidalgo (1848)". U.S. National Archives, Milestone Documents. Retrieved 7 February 2023.
  3. ^ "Avalon Project – Treaty of Guadalupe Hidalgo; February 2, 1848". Avalon.law.yale.edu. Retrieved 13 May 2017.
  4. ^ Ohrt, Wallace (1997). Defiant Peacemaker: Nicholas Trist in the Mexican War. College Station: Texas A & M University Press. ISBN 0-89096-778-4.
  5. ^ "Avalon Project – Treaty of Guadalupe Hidalgo; February 2, 1848". Avalon.law.yale.edu. Retrieved 8 July 2013.
  6. ^ a b "Treaty of Guadalupe Hidalgo". ourdocuments.gov. Retrieved 27 June 2007.
  7. ^ U.S. Congress. Recommendation of the Public Land Commission for Legislation as to Private Land Claims, 46th Congress, 2nd Session, 1880, House Executive Document 46, pp. 1116–17.
  8. ^ Gonzales, Manuel G. (2009). Mexicanos: A history of Mexicans in the United States (2nd ed.). Bloomington: Indiana University Press. pp. 86–87. ISBN 978-0-253-33520-3.
  9. ^ Perdoni, Kate (30 September 2021). "Plaintiffs in Costilla County land rights hearing describe a 'campaign of harassment' Facebook shareTwitter shareEmail share". Rocky Mountain PBS.
  10. ^ Davenport 2005, p. 48.
  11. ^ Noel, Linda C. (2011). "'I am an American': Anglos, Mexicans, Nativos, and the National Debate over Arizona and New Mexico Statehood". Pacific Historical Review. 80 (3): 430–467 [at p. 436]. doi:10.1525/phr.2011.80.3.430.
  12. ^ Griswold del Castillo, Richard (1990). "Citizenship and Property Rights: U.S. Interpretations of the Treaty". The Treaty of Guadalupe Hidalgo: A Legacy of Conflict. Norman: University of Oklahoma Press. pp. 62-86. ISBN 0-8061-2240-4.
  13. ^ "The Treaty of Guadalupe Hidalgo". loc.gov.
  14. ^ Delay, Brian (2007). "Independent Indians and the U.S. Mexican War". The American Historical Review. 112 (1): 67. doi:10.1086/ahr.112.1.35.
  15. ^ Schmal, John P. "Sonora: Four Centuries of Indigenous Resistance". Houston Institute of Culture. Retrieved 12 July 2012.
  16. ^ Kluger, Richard (2007). Seizing Destiny: How America Grew From Sea to Shining Sea. New York: Knopf. pp. 493–494. ISBN 978-0-375-41341-4.
  17. ^ a b Our Public Lands. Issued quarterly by United States Department of the Interior Bureau of Land Management. 1 January 1958. p. 7.
  18. ^ Devine, David (2004). Slavery, Scandal, and Steel Rails: The 1854 Gadsden Purchase and the Building of the Second Transcontinental Railroad Across Arizona and New Mexico Twenty-Five Years Later. New York: iUniverse. ISBN 0-595-32913-6.[self-published source]
  19. ^ Nostrand, Richard L. (1975). "Mexican Americans Circa 1850". Annals of the Association of American Geographers. 65 (3): 378–390. doi:10.1111/j.1467-8306.1975.tb01046.x.
  20. ^ Mills, B. 2003. U.S.-Mexican War. Facts On File, p. 23. ISBN 0-8160-4932-7
  21. ^ a b "James K. Polk's Third Annual Message, 7 December 1847". presidency.ucsb.edu. Retrieved 27 June 2007.
  22. ^ Adams-Onis Treaty, Article III. 19 July 2006 at the Wayback Machine From: yale.edu. Retrieved 6 November 2007.
  23. ^ "The United States hereby cede to His Catholic Majesty, and renounce forever, all their rights, claims, and pretensions to the Territories lying West and South of the above described Line [...]. http://www.tamu.edu/faculty/ccbn/dewitt/adamonis.htm
  24. ^ Davenport 2005, p. 39.
  25. ^ Original Capitulation Agreement document (one of 25) on view at Campo de Cahuenga historical site
  26. ^ "Mexican Argument for Annexation." The Living Age, Volume 10, Issue 123. 19 September 1846.
  27. ^ Rives 1913, p. 622.
  28. ^ a b c d e f Treaty of Guadalupe Hidalgo. National Archives. Retrieved 6 November 2007.
  29. ^ a b "The Treaty of Guadalupe Hidalgo". Hispanic Reading Room. Library of Congress. Retrieved 13 October 2019. The Library holds the copy of the Treaty found in Nicholas Trist's papers, and as such, it does not represent the final version of the document which is kept at the U.S. National Archives.
  30. ^ "The Treaty of Guadalupe Hidalgo." Library of Congress, Hispanic Reading Room. Retrieved 6 November 2007.
  31. ^ George Lockhart Rives (1913). The United States and Mexico, 1821–1848. C. Scribner's Sons. pp. 634–636.
  32. ^ "The Senate Arrests a Reporter". U.S. Senate.
  33. ^ Rives 1913, p. 649.
  34. ^ Online Highways LLC editorial group. "Treaty of Guadalupe Hidalgo". U-S-History.com. Retrieved 25 March 2012.
  35. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 352.
  36. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 352.
  37. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 353.
  38. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 353.
  39. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 353.
  40. ^ Rivera Cambas, Manuel (1873). Los Gobernantes de Mexico: Tomo II (in Spanish). J.M. Aguilar Cruz. p. 353.
  41. ^ a b Treaty of Hidalgo, Protocol of Querétaro. From: academic.udayton.edu. Retrieved 6 November 2007.
  42. ^ David Hunter Miller, Treaties and Other International Acts of the United States of America, vol. 5 (Washington, D.C.: Government Printing Office, 1937)
  43. ^ Mills, B. p. 122.
  44. ^ Treaty of Guadalupe Hidalgo, Article V. From: academic.udayton.edu. Retrieved 7 November 2007.
  45. ^ Davenport 2005, p. 46.
  46. ^ Gibson, C.J. and E. Lennon. 1999. "Historical Census Statistics on the Foreign-born Population of the United States: 1850–1990." U.S. Census Bureau, Population Division. Retrieved 6 November 2007.
  47. ^ Newcombe, Caroline Bermeo (2011). "The Origin and Civil Law Foundation of the Community Property System, Why California Adopted It and Why Community Property Principles Benefit Women". University of Maryland Law Journal of Race, Religion, Gender and Class. 11 (1).
  48. ^ a b St John, Rachel (2011). Line in the sand: a history of the Western US-Mexico border. Princeton University Press. ISBN 9781400838639.{{cite book}}: CS1 maint: date and year (link)
  49. ^ Davenport 2005, p. 60.
  50. ^ Wyllys 1933.
  51. ^ Barnard R. Thompson. . Archived from the original on 21 August 2011. Retrieved 31 May 2011.
  52. ^ Bowden, J. J. (1959). "The Texas-New Mexico Boundary Dispute along the Rio Grande". The Southwestern Historical Quarterly. 63 (2): 221–237. JSTOR 30240862.
  53. ^ "Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico" (PDF). General Accounting Office. Retrieved 5 June 2008.
  54. ^ Robert J. McCarthy, Executive Authority, Adaptive Treaty Interpretation, and the International Boundary and Water Commission, U.S.-Mexico, 14-2 U. Denv. Water L. Rev. 197(Spring 2011) (also available for free download at https://ssrn.com/abstract=1839903).
  55. ^ Morgan, Robert (21 August 2012). Lions of the West: Heroes and Villains of the Westward Expansion. North Carolina: Algonquin Books. p. 390. ISBN 978-1-61620-189-0.

Sources and further reading edit

  • Davenport, John C. (2005). The U.S.-Mexico Border : The Treaty of Guadalupe Hidalgo. Philadelphia: Chelsea House. ISBN 0-7910-7833-7.
  • Griswold del Castillo, Richard (1990), The Treaty of Guadalupe Hidalgo: A Legacy of Conflict, Norman: University of Oklahoma Press, ISBN 0-8061-2240-4, retrieved 8 February 2023
  • Klein, Julius (1905). The making of the treaty of Guadalupe Hidalgo, on February 2, 1848. Berkeley, The University press. Retrieved 8 February 2023.
  • Ohrt, Wallace (1997). Defiant Peacemaker: Nicholas Trist in the Mexican War. College Station: Texas A&M University Press. ISBN 0-89096-778-4.
  • Reeves, Jesse S. (1905). "The Treaty of Guadalupe Hidalgo". American Historical Review. 10 (2): 309–324. doi:10.2307/1834723. hdl:10217/189496. JSTOR 1834723.
  • Rives, George Lockhart (1913). The United States and Mexico, 1821–1848: a history of the relations between the two countries from the independence of Mexico to the close of the war with the United States. Vol. 2. New York: C. Scribner's Sons.
  • Wyllys, Rufus Kay (1933). "The Republic of Lower California, 1853-1854". Pacific Historical Review. 2 (2): 194–213. doi:10.2307/3633829. ISSN 0030-8684. JSTOR 3633829.

External links edit

  • "Treaty of Guadalupe Hidalgo and related resources at the U.S. Library of Congress". Library of Congress.
  • "The Treaty of Guadalupe Hidalgo". Library of Congress – Hispanic Reading Room portal.
  • "Text of the Treaty of Guadalupe Hidalgo".
  • "Copy of Treaty, including sections stricken out by Senate".
  • "Text of the Treaty of Guadalupe Hidalgo, and analysis".
  • "U.S. General Accounting Office report on the Treaty of Guadalupe Hidalgo, June 2004" (PDF).
  • "Library of Congress Guide to the Mexican War". Library of Congress.
  • . Archived from the original on 27 July 2010. Retrieved 8 February 2023.
  • . Archived from the original on 21 September 2013. at "A Continent Divided: The U.S.-Mexico War]". University of Texas at Arlington: Center for Greater Southwestern Studies.
  • "Map of North America and the Caribbean at the time of the Treaty of Guadalupe Hidalgo". omniatlas.com.

treaty, guadalupe, hidalgo, officially, ended, mexican, american, 1846, 1848, signed, february, 1848, town, guadalupe, hidalgo, treaty, peace, friendship, limits, settlement, between, united, states, america, united, mexican, statescover, exchange, copy, treat. The Treaty of Guadalupe Hidalgo a officially ended the Mexican American War 1846 1848 It was signed on 2 February 1848 in the town of Guadalupe Hidalgo Treaty of Guadalupe HidalgoTreaty of Peace Friendship Limits and Settlement between the United States of America and the United Mexican StatesCover of the exchange copy of the treaty of Guadalupe HidalgoSigned2 February 1848 1848 02 02 LocationGuadalupe HidalgoEffective30 May 1848NegotiatorsList Jose Bernardo CoutoMiguel de AtristainLuis Gonzaga CuevasNicholas TristPartiesMexico United StatesCitations9 Stat 922 TS 207 9 Bevans 791See also the military convention of 29 February 1848 5 Miller 407 9 Bevans 807 After the defeat of its army and the fall of the capital in September 1847 Mexico entered into peace negotiations with the U S envoy Nicholas Trist The resulting treaty required Mexico to cede 55 percent of its territory including the present day states of California Nevada Utah most of Colorado New Mexico and Arizona and a small portion of Wyoming Mexico also relinquished all claims for Texas and recognized the Rio Grande as the southern boundary of Texas In turn the U S government paid Mexico 15 million in consideration of the extension acquired by the boundaries of the United States and agreed to pay debts owed to American citizens by the Mexican government Mexicans in areas annexed by the U S could relocate within Mexico s new boundaries or receive American citizenship and full civil rights 2 The United States ratified the treaty on 10 March and Mexico on 19 May The ratifications were exchanged on 30 May and the treaty was proclaimed on 4 July 1848 3 The U S Senate ratified the treaty by a vote of 38 14 The opponents of this treaty were led by the Whigs who had opposed the war and rejected manifest destiny in general and rejected this expansion in particular The amount of land gained by the United States from Mexico was further increased due to the Gadsden Purchase of 1853 which ceded parts of present day southern Arizona and New Mexico to the United States Contents 1 Negotiators 2 Terms 2 1 Results 3 Background to the war 4 Conduct of war 4 1 Peace negotiations 4 2 Debate in the American Congress 4 3 Debate in the Mexican Congress 4 4 Protocol of Queretaro 4 5 Treaty of Mesilla 5 Effects 5 1 Land gained by the United States 5 2 Additional issues 6 See also 7 Notes 8 References 8 1 Sources and further reading 9 External linksNegotiators editNicholas Trist negotiated the peace talks Trist the chief clerk of the U S State Department accompanied General Winfield Scott as a diplomat and President James K Polk s representative After two previous unsuccessful attempts to negotiate a treaty with General Jose Joaquin de Herrera Trist and General Scott determined that the only way to deal with Mexico was as a conquered enemy Trist negotiated with a special commission representing the collapsed government led by Don Jose Bernardo Couto Don Miguel de Atristain and Don Luis Gonzaga Cuevas of Mexico 4 page needed Terms edit nbsp Mapa de los Estados Unidos de Mejico by John Disturnell the 1847 map used during the negotiationsAlthough Mexico ceded Alta California and Santa Fe de Nuevo Mexico the text of the treaty 5 did not list territories to be ceded and avoided the disputed issues that were causes of war the validity of the 1836 revolution that established the Republic of Texas Texas s boundary claims as far as the Rio Grande and the right of the Republic of Texas to arrange the 1845 annexation of Texas by the United States Instead Article V of the treaty described the new U S Mexico border From east to west the border consisted of the Rio Grande northwest from its mouth to the point where it strikes the southern boundary of New Mexico roughly 32 degrees north as shown in the Disturnell map then due west from this point to the 110th meridian west then north along the 110th meridian to the Gila River and down the river to its mouth Unlike the New Mexico segment of the boundary which depended partly on unknown geography to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California a straight line was drawn from the mouth of the Gila to one marine league south of the southernmost point of the port of San Diego slightly north of the previous Mexican provincial boundary at Playas de Rosarito Comparing the boundary in the Adams Onis Treaty to the Guadalupe Hidalgo boundary Mexico conceded about 55 of its pre war pre Texas territorial claims 6 and now has an area of 1 972 550 km 761 606 sq mi In the United States the 1 36 million km 525 000 square miles of the area between the Adams Onis and Guadalupe Hidalgo boundaries outside the 1 007 935 km2 389 166 sq mi claimed by the Republic of Texas is known as the Mexican Cession That is to say the Mexican Cession is construed not to include any territory east of the Rio Grande while the territorial claims of the Republic of Texas included no territory west of the Rio Grande The Mexican Cession included essentially the entirety of the former Mexican territory of Alta California but only the western portion of Santa Fe de Nuevo Mexico and includes all of present day California Nevada and Utah most of Arizona western portions of New Mexico and Colorado and the southwestern corner of Wyoming Articles VIII and IX ensured the safety of existing property rights of Mexican citizens living in the transferred territories Despite assurances to the contrary land grants by the Mexican government to its citizens were often not honored by the United States because of unilateral modifications to and interpretations of the Treaty and U S legal decisions 7 8 Land disputes between the descendants of Mexican land owners and Anglo Americans continued into the 21st century 9 10 The United States also agreed to assume 3 25 million equivalent to 109 9 million today in debts that Mexico owed to United States citizens The residents had one year to choose whether they wanted American or Mexican citizenship over 90 chose American citizenship The others moved to what remained of Mexico where they received land or in some cases in New Mexico were allowed to remain in place as Mexican citizens 11 12 Article XII engaged the United States to pay In consideration of the extension acquired 15 million dollars equivalent to 510 million today 13 in annual installments of 3 million dollars Article XI of the treaty was important to Mexico It provided that the United States would prevent and punish raids by Indians into Mexico prohibited Americans from acquiring property including livestock taken by the Indians in those raids and stated that the United States would return captives of the Indians to Mexico Mexicans believed that the United States had encouraged and assisted the Comanche and Apache raids that had devastated northern Mexico in the years before the war This article promised relief to them 14 Article XI however proved unenforceable Destructive Indian raids continued despite a heavy U S presence near the Mexican border Mexico filed 366 claims with the U S government for damages done by Comanche and Apache raids between 1848 and 1853 15 In 1853 in the Treaty of Mesilla concluding the Gadsden Purchase Article XI was annulled 16 Results edit The land that the Treaty of Guadalupe Hidalgo brought into the United States became between 1850 and 1912 all or part of nine states California 1850 Nevada 1864 Utah 1896 and Arizona 1912 as well as depending upon interpretation the entire state of Texas 1845 which then included part of Kansas 1861 Colorado 1876 Wyoming 1890 Oklahoma 1907 and New Mexico 1912 The area of domain acquired was given by the Federal Interagency Committee as 338 680 960 acres 17 The cost was 16 295 149 or approximately 5 cents an acre 17 The remainder the southern parts of New Mexico and Arizona were peacefully purchased under the Gadsden Purchase which was carried out in 1853 In this purchase the United States paid an additional 10 million equivalent to 280 million in 2022 for land intended to accommodate a transcontinental railroad However the American Civil War delayed the construction of such a route and it was not until 1881 that the Southern Pacific Railroad finally was completed as a second transcontinental railroad fulfilling the purpose of the acquisition 18 Background to the war editMexico had claimed the area in question since winning its independence from the Spanish Empire in 1821 following the Mexican War of Independence The Spanish had conquered part of the area from the American Indian tribes over the preceding three centuries Still powerful and independent indigenous nations remained within that northern region of Mexico citation needed Most of that land was too dry and too mountainous to support a large population About 80 000 Mexicans inhabited California New Mexico Arizona and Texas during the period 1845 to 1850 with far fewer in Nevada southern and western Colorado and Utah 19 On 1 March 1845 U S President John Tyler signed legislation to authorize the United States to annex the Republic of Texas effective on 29 December 1845 The Mexican government which had never recognized the Republic of Texas as an independent country had warned that annexation would be viewed as an act of war Both the United Kingdom and France recognized the Republic of Texas s independence and repeatedly tried to dissuade Mexico from declaring war against its northern neighbor British efforts to mediate the quandary proved fruitless in part because other political disputes particularly the Oregon boundary dispute arose between Great Britain as the claimant of modern Canada and the United States On 10 November 1845 before the outbreak of hostilities President James K Polk sent his envoy John Slidell to Mexico Slidell had instructions to offer Mexico around 5 million for the territory of Nuevo Mexico and up to 40 million for Alta California 20 The Mexican government dismissed Slidell refusing to even meet with him 21 Earlier in that year Mexico had broken off diplomatic relations with the United States based partly on its interpretation of the Adams Onis Treaty of 1819 under which newly independent Mexico claimed it had inherited rights In that agreement the United States had renounced forever all claims to Spanish territory 22 23 Neither side took any further action to avoid a war Meanwhile Polk settled a major territorial dispute with Britain via the Oregon Treaty which was signed on 15 June 1846 By avoiding any chance of conflict with Great Britain the United States was given a free hand regarding Mexico After the Thornton Affair of 25 26 April when Mexican forces attacked an American unit in the disputed area with the result that 11 Americans were killed five wounded and 49 captured Congress passed a declaration of war which Polk signed on 13 May 1846 The Mexican Congress responded with its own war declaration on 23 April 1846 citation needed 24 Conduct of war editMain article Mexican American War nbsp Map o S Augustus Mitchell Philadelphia 1847 Alta California shown including Nevada Utah and Arizona U S forces quickly moved beyond Texas to conquer Alta California and New Mexico Fighting there ended on 13 January 1847 with the signing of the Capitulation Agreement at Campo de Cahuenga and the end of the Taos Revolt 25 By the middle of September 1847 U S forces had successfully invaded central Mexico and occupied Mexico City Peace negotiations edit Some Eastern Democrats called for complete annexation of Mexico and recalled that a group of Mexico s leading citizens had invited General Winfield Scott to become dictator of Mexico after his capture of Mexico City he declined 26 However the movement did not draw widespread support President Polk s State of the Union address in December 1847 upheld Mexican independence and argued at length that occupation and any further military operations in Mexico were aimed at securing a treaty ceding California and New Mexico up to approximately the 32nd parallel north and possibly Baja California and transit rights across the Isthmus of Tehuantepec 21 Despite several military defeats the Mexican government was reluctant to agree to the loss of California and New Mexico Even with its capital under enemy occupation the Mexican government was inclined to consider factors such as the unwillingness of the U S administration to annex Mexico outright and what appeared to be deep divisions in domestic U S opinion regarding the war and its aims which caused it to imagine that it was actually in a far better negotiating position than the military situation might have suggested citation needed A further consideration was the growing opposition to slavery that had caused Mexico to end formal slavery in 1829 and its awareness of the well known and growing sectional divide in the U S over the issue of slavery It therefore made sense for Mexico to negotiate to play Northern U S interests against Southern U S interests citation needed The Mexicans proposed peace terms that offered only the sale of Alta California north of the 37th parallel north north of Santa Cruz California and Madera California and the southern boundaries of today s Utah and Colorado Anglo American settlers already dominated this territory but perhaps more importantly from the Mexican point of view it represented the bulk of pre war Mexican territory north of the Missouri Compromise line of parallel 36 30 north lands that if annexed by the United States would have been presumed by Northerners to be forever free of slavery The Mexicans also offered to recognize the freedom of Texas from Mexican rule and its right to join the Union but held to its demand of the Nueces River as a boundary citation needed While the Mexican government could not reasonably have expected the Polk Administration to accept such terms it would have had reason to hope that a rejection of peace terms so favorable to Northern interests might have the potential to provoke sectional conflict in the United States or perhaps even a civil war that would fatally undermine the U S military position in Mexico Instead these terms combined with other Mexican demands in particular for various indemnities only provoked widespread indignation throughout the United States without causing the sectional conflict the Mexicans hoped for Jefferson Davis advised Polk that if Mexico appointed commissioners to come to the United States the government that appointed them would probably be overthrown before they completed their mission and they would likely be shot as traitors on their return so that the only hope of peace was to have a U S representative in Mexico 27 Nicholas Trist chief clerk of the State Department under President Polk finally negotiated a treaty with the Mexican delegation after ignoring his recall by President Polk in frustration with the failure to secure a treaty 28 Notwithstanding that the treaty had been negotiated against his instructions given its achievement of the major American aim President Polk passed it on to the Senate 28 The Treaty of Guadalupe Hidalgo was signed by Nicholas Trist on behalf of the United States and Luis G Cuevas Bernardo Couto and Miguel Atristain as plenipotentiary representatives of Mexico on 2 February 1848 at the main altar of the old Basilica of Guadalupe at Villa Hidalgo within the present city limits as U S troops under the command of Gen Winfield Scott were occupying Mexico City 29 Debate in the American Congress edit nbsp First page of the original treaty 29 The version of the treaty ratified by the United States Senate eliminated Article X 30 which stated that the U S government would honor and guarantee all land grants awarded in lands ceded to the United States by those respective governments to citizens of Spain and Mexico Article VIII guaranteed that Mexicans who remained more than one year in the ceded lands would automatically become full fledged United States citizens or they could declare their intention of remaining Mexican citizens however the Senate modified Article IX changing the first paragraph and excluding the last two Among the changes was that Mexican citizens would be admitted at the proper time to be judged of by the Congress of the United States instead of admitted as soon as possible as negotiated between Trist and the Mexican delegation An amendment by Jefferson Davis giving the United States most of Tamaulipas and Nuevo Leon all of Coahuila and a large part of Chihuahua was supported by both senators from Texas Sam Houston and Thomas Jefferson Rusk Daniel S Dickinson of New York Stephen A Douglas of Illinois Edward A Hannegan of Indiana and one each from Alabama Florida Mississippi Ohio Missouri and Tennessee Most of the leaders of the Democratic party Thomas Hart Benton John C Calhoun Herschel V Johnson Lewis Cass James Murray Mason of Virginia and Ambrose Hundley Sevier were opposed and the amendment was defeated 44 11 31 An amendment by Whig Sen George Edmund Badger of North Carolina to exclude New Mexico and California lost 35 15 with three Southern Whigs voting with the Democrats Daniel Webster was bitter that four New England senators made deciding votes for acquiring the new territories A motion to insert into the treaty the Wilmot Proviso banning slavery from the acquired territories failed 15 38 on sectional lines The treaty was leaked to John Nugent before the U S Senate could approve it Nugent published his article in the New York Herald and afterward was questioned by senators He was detained in a Senate committee room for one month though he continued to file articles for his newspaper and ate and slept at the home of the sergeant at arms Nugent did not reveal his source and senators eventually gave up their efforts 32 The treaty was subsequently ratified by the U S Senate by a vote of 38 to 14 on 10 March 1848 and by Mexico through a legislative vote of 51 to 34 and a Senate vote of 33 to 4 on 19 May 1848 News that New Mexico s legislative assembly had just passed an act for the organization of a U S territorial government helped ease Mexican concern about abandoning the people of New Mexico 33 The treaty was formally proclaimed on 4 July 1848 34 Debate in the Mexican Congress edit nbsp President Manuel de la Pena y PenaThe Mexican Congress and President Manuel de la Pena y Pena met at Queretaro City in May 1848 while Mexico City was occupied and were now faced with the task of negotiating the treaty while dealing with separatism and anarchy spreading throughout the country The Caste War was ongoing in Yucatan and the insurgents in that conflict had occupied the major cities Many states considered the federal government to be an enemy and refused to pay taxes Meanwhile most notably in the Federal District there was a Mexican element advocating annexation of the entire country to the United States 35 The majority of congress supported the government s peace policy viewing in the Treaty of Guadalupe nothing but the unfortunate result of a poorly fought war and viewed under this perspective as a national necessity A foreign relations commission returned affirmative answers to two questions that congress had directed it to report upon May the government with the consent of Congress cede a portion of territory Is it suitable to make peace upon the terms which have been proposed The first question was resolved based upon the principle that congress was the deposit of the national sovereignty The second question was resolved upon the consideration that Mexico had never been in full possession of the territories that were about to be ceded and that most of that land was either not populated or populated by hostile indigenous tribes 36 It was also taken into account that Mexico could not continue the war without facing certain defeat and risking the loss of the entire country 37 After the commission reported upon its findings the Treaty of Guadalupe Hidalgo was approved by congress and President Pena y Pena now worked upon decrees to prevent disorder in the capital once the occupiers left and for the establishment of a national guard On 26 May 1848 the government received the commissioners Nathan Clifford and Ambrose Hundley Sevier who were in Mexico to negotiate the treaty after congress had approved it with some slight modifications 38 Meanwhile the President had to deal with guerilla warfare throughout the country afflicting both the American occupiers and Mexican merchants The aim of the guerillas was to disrupt the American supply chain from Veracruz to the capital This was also leading to indiscriminate American reprisals 39 As the peace treaty was concluded and the occupiers were on the point of leaving the country congress named Jose Joaquin Herrera to the presidency of the republic and Pena y Pena left his post as president in exchange for the presidency of the Supreme Court on 3 June 1848 The government left Queretaro and returned to the capital 40 Protocol of Queretaro edit On 30 May 1848 when the two countries exchanged ratifications of the treaty of Guadalupe Hidalgo they further negotiated a three article protocol to explain the amendments The first article stated that the original Article IX of the treaty although replaced by Article III of the Treaty of Louisiana would still confer the rights delineated in Article IX The second article confirmed the legitimacy of land grants pursuant to Mexican law 41 The protocol further noted that the Mexican Minister of Foreign Affairs had accepted said explanations on behalf of the Mexican Government 41 and was signed in Queretaro by A H Sevier Nathan Clifford and Luis de la Rosa The United States would later ignore the protocol on the grounds that the U S representatives had over reached their authority in agreeing to it 42 Treaty of Mesilla edit The Treaty of Mesilla which concluded the Gadsden purchase of 1854 had significant implications for the treaty of Guadalupe Hidalgo Article II of the treaty annulled article XI of the treaty of Guadalupe Hidalgo and article IV further annulled articles VI and VII of Guadalupe Hidalgo Article V however reaffirmed the property guarantees of Guadalupe Hidalgo specifically those contained within articles VIII and IX 43 Effects edit nbsp The Mexican Cession agreed with Mexico white and the Gadsden Purchase brown Part of the area marked as Gadsden Purchase near modern day Mesilla New Mexico was disputed after the Treaty In addition to the sale of land the treaty also provided recognition of the Rio Grande as the boundary between the state of Texas and Mexico 44 The land boundaries were established by a survey team of appointed Mexican and American representatives 28 and published in three volumes as The United States and Mexican Boundary Survey On 30 December 1853 the countries by agreement altered the border from the initial one by increasing the number of border markers from 6 to 53 28 Most of these markers were simply piles of stones 28 Two later conventions in 1882 and 1889 further clarified the boundaries as some of the markers had been moved or destroyed 28 Photographers were brought in to document the location of the markers These photographs are in Record Group 77 Records of the Office of the Chief Engineers in the National Archives The southern border of California was designated as a line from the junction of the Colorado and Gila rivers westward to the Pacific Ocean so that it passes one Spanish league south of the southernmost portion of San Diego Bay This was done to ensure that the United States received San Diego and its excellent natural harbor 45 The treaty extended the choice of U S citizenship to Mexicans in the newly purchased territories before many African Americans Asians and Native Americans were eligible If they chose to they had to declare to the U S government within a year of the Treaty being signed otherwise they could remain Mexican citizens but they would have to relocate 6 Between 1850 and 1920 the U S Census counted most Mexicans as racially white 46 Community property rights in California and other western states are based on the Visigothic Code which Spain adopted and then brought to the Americas including the former territories of Mexico that were ceded to the U S Although each state had different motivations for adopting the Spanish approach one common driver was that it was already in place in the region for many years Changing to a common law system for marital property would have been nothing short of a revolution 47 Land gained by the United States edit nbsp E Gilman United States after the Treaty of Guadalupe Hidalgo 1848The United States received the territories of Alta California and Santa Fe de Nuevo Mexico Today they comprise some or all of the U S states of Arizona California Colorado Nevada New Mexico Utah and Wyoming from the treaty While this land was vast in area most of it was very sparsley populated inhabited mostly by indigenous Americans rather than white Americans or Mexicans 48 Additional issues edit See also Bleeding Kansas Disputes about whether to make all this new territory into free states or slave states contributed heavily to the rise in North South tensions that led to the American Civil War just over a decade later Border disputes continued Mexico s economic problems persisted 49 leading to the controversial Gadsden Purchase in 1854 intended to rectify an error in the original treaty but led to Mexico demanding a large sum of money for the revision which was paid There was also William Walker s short lived Republic of Lower California filibustering incident in that same year 50 The Channel Islands of California and Farallon Islands are not mentioned in the Treaty 51 The border commission also faced many difficulties in mapping out the border with the surveying process lasting over 7 years due to the challenges of marking out a border in such a vast desolate territory and negotiating with indigenous Americans who had not been considered in the prior treaty negotiations 48 The armed forces of both countries routinely crossed the border Mexican and Confederate troops often clashed during the American Civil War and the United States crossed the border during the war of Second French intervention in Mexico In March 1916 Pancho Villa led a raid on the U S border town of Columbus New Mexico which was followed by the Pershing expedition The shifting of the Rio Grande since the signing of the Treaty of Guadalupe caused a dispute over the boundary between the states of New Mexico and Texas a case referred to as the Country Club Dispute that was decided by the U S Supreme Court in 1927 52 Controversy over community land grant claims in New Mexico persists to this day 53 The Treaty of Guadalupe Hidalgo led to the establishment in 1889 of the International Boundary and Water Commission to maintain the border and according to newer treaties to allocate river waters between the two nations and to provide for flood control and water sanitation Once viewed as a model of international cooperation in recent decades the IBWC has been heavily criticized as an institutional anachronism bypassed by modern social environmental and political issues 54 Writing many years later Nicholas Trist would describe the treaty as a thing for every right minded American to be ashamed of 55 See also edit1848 in Mexico Annexation Bill of 1866 Californios in literature Gadsden Purchase Treaty of Cahuenga Treaty of Guadalupe Hidalgo History of New Mexico Bibliography of California historyAboriginal titleAboriginal title in California Aboriginal title in New MexicoNotes edit Spanish Tratado de Guadalupe Hidalgo officially the Treaty of Peace Friendship Limits and Settlement between the United States of America and the United Mexican States 1 References edit Treaty of Guadalupe Hidalgo Exchange copy NATIONAL ARCHIVES CATALOG US National Archives 2 February 1848 Retrieved 13 October 2019 Treaty of Guadalupe Hidalgo 1848 U S National Archives Milestone Documents Retrieved 7 February 2023 Avalon Project Treaty of Guadalupe Hidalgo February 2 1848 Avalon law yale edu Retrieved 13 May 2017 Ohrt Wallace 1997 Defiant Peacemaker Nicholas Trist in the Mexican War College Station Texas A amp M University Press ISBN 0 89096 778 4 Avalon Project Treaty of Guadalupe Hidalgo February 2 1848 Avalon law yale edu Retrieved 8 July 2013 a b Treaty of Guadalupe Hidalgo ourdocuments gov Retrieved 27 June 2007 U S Congress Recommendation of the Public Land Commission for Legislation as to Private Land Claims 46th Congress 2nd Session 1880 House Executive Document 46 pp 1116 17 Gonzales Manuel G 2009 Mexicanos A history of Mexicans in the United States 2nd ed Bloomington Indiana University Press pp 86 87 ISBN 978 0 253 33520 3 Perdoni Kate 30 September 2021 Plaintiffs in Costilla County land rights hearing describe a campaign of harassment Facebook shareTwitter shareEmail share Rocky Mountain PBS Davenport 2005 p 48 Noel Linda C 2011 I am an American Anglos Mexicans Nativos and the National Debate over Arizona and New Mexico Statehood Pacific Historical Review 80 3 430 467 at p 436 doi 10 1525 phr 2011 80 3 430 Griswold del Castillo Richard 1990 Citizenship and Property Rights U S Interpretations of the Treaty The Treaty of Guadalupe Hidalgo A Legacy of Conflict Norman University of Oklahoma Press pp 62 86 ISBN 0 8061 2240 4 The Treaty of Guadalupe Hidalgo loc gov Delay Brian 2007 Independent Indians and the U S Mexican War The American Historical Review 112 1 67 doi 10 1086 ahr 112 1 35 Schmal John P Sonora Four Centuries of Indigenous Resistance Houston Institute of Culture Retrieved 12 July 2012 Kluger Richard 2007 Seizing Destiny How America Grew From Sea to Shining Sea New York Knopf pp 493 494 ISBN 978 0 375 41341 4 a b Our Public Lands Issued quarterly by United States Department of the Interior Bureau of Land Management 1 January 1958 p 7 Devine David 2004 Slavery Scandal and Steel Rails The 1854 Gadsden Purchase and the Building of the Second Transcontinental Railroad Across Arizona and New Mexico Twenty Five Years Later New York iUniverse ISBN 0 595 32913 6 self published source Nostrand Richard L 1975 Mexican Americans Circa 1850 Annals of the Association of American Geographers 65 3 378 390 doi 10 1111 j 1467 8306 1975 tb01046 x Mills B 2003 U S Mexican War Facts On File p 23 ISBN 0 8160 4932 7 a b James K Polk s Third Annual Message 7 December 1847 presidency ucsb edu Retrieved 27 June 2007 Adams Onis Treaty Article III Archived 19 July 2006 at the Wayback Machine From yale edu Retrieved 6 November 2007 The United States hereby cede to His Catholic Majesty and renounce forever all their rights claims and pretensions to the Territories lying West and South of the above described Line http www tamu edu faculty ccbn dewitt adamonis htm Davenport 2005 p 39 Original Capitulation Agreement document one of 25 on view at Campo de Cahuenga historical site Mexican Argument for Annexation The Living Age Volume 10 Issue 123 19 September 1846 Rives 1913 p 622 a b c d e f Treaty of Guadalupe Hidalgo National Archives Retrieved 6 November 2007 a b The Treaty of Guadalupe Hidalgo Hispanic Reading Room Library of Congress Retrieved 13 October 2019 The Library holds the copy of the Treaty found in Nicholas Trist s papers and as such it does not represent the final version of the document which is kept at the U S National Archives The Treaty of Guadalupe Hidalgo Library of Congress Hispanic Reading Room Retrieved 6 November 2007 George Lockhart Rives 1913 The United States and Mexico 1821 1848 C Scribner s Sons pp 634 636 The Senate Arrests a Reporter U S Senate Rives 1913 p 649 Online Highways LLC editorial group Treaty of Guadalupe Hidalgo U S History com Retrieved 25 March 2012 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 352 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 352 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 353 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 353 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 353 Rivera Cambas Manuel 1873 Los Gobernantes de Mexico Tomo II in Spanish J M Aguilar Cruz p 353 a b Treaty of Hidalgo Protocol of Queretaro From academic udayton edu Retrieved 6 November 2007 David Hunter Miller Treaties and Other International Acts of the United States of America vol 5 Washington D C Government Printing Office 1937 Mills B p 122 Treaty of Guadalupe Hidalgo Article V From academic udayton edu Retrieved 7 November 2007 Davenport 2005 p 46 Gibson C J and E Lennon 1999 Historical Census Statistics on the Foreign born Population of the United States 1850 1990 U S Census Bureau Population Division Retrieved 6 November 2007 Newcombe Caroline Bermeo 2011 The Origin and Civil Law Foundation of the Community Property System Why California Adopted It and Why Community Property Principles Benefit Women University of Maryland Law Journal of Race Religion Gender and Class 11 1 a b St John Rachel 2011 Line in the sand a history of the Western US Mexico border Princeton University Press ISBN 9781400838639 a href Template Cite book html title Template Cite book cite book a CS1 maint date and year link Davenport 2005 p 60 Wyllys 1933 Barnard R Thompson Mexico s Claim to California Islands A Never ending Story Archived from the original on 21 August 2011 Retrieved 31 May 2011 Bowden J J 1959 The Texas New Mexico Boundary Dispute along the Rio Grande The Southwestern Historical Quarterly 63 2 221 237 JSTOR 30240862 Treaty of Guadalupe Hidalgo Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico PDF General Accounting Office Retrieved 5 June 2008 Robert J McCarthy Executive Authority Adaptive Treaty Interpretation and the International Boundary and Water Commission U S Mexico 14 2 U Denv Water L Rev 197 Spring 2011 also available for free download at https ssrn com abstract 1839903 Morgan Robert 21 August 2012 Lions of the West Heroes and Villains of the Westward Expansion North Carolina Algonquin Books p 390 ISBN 978 1 61620 189 0 Sources and further reading edit Davenport John C 2005 The U S Mexico Border The Treaty of Guadalupe Hidalgo Philadelphia Chelsea House ISBN 0 7910 7833 7 Griswold del Castillo Richard 1990 The Treaty of Guadalupe Hidalgo A Legacy of Conflict Norman University of Oklahoma Press ISBN 0 8061 2240 4 retrieved 8 February 2023Klein Julius 1905 The making of the treaty of Guadalupe Hidalgo on February 2 1848 Berkeley The University press Retrieved 8 February 2023 Ohrt Wallace 1997 Defiant Peacemaker Nicholas Trist in the Mexican War College Station Texas A amp M University Press ISBN 0 89096 778 4 Reeves Jesse S 1905 The Treaty of Guadalupe Hidalgo American Historical Review 10 2 309 324 doi 10 2307 1834723 hdl 10217 189496 JSTOR 1834723 Rives George Lockhart 1913 The United States and Mexico 1821 1848 a history of the relations between the two countries from the independence of Mexico to the close of the war with the United States Vol 2 New York C Scribner s Sons Wyllys Rufus Kay 1933 The Republic of Lower California 1853 1854 Pacific Historical Review 2 2 194 213 doi 10 2307 3633829 ISSN 0030 8684 JSTOR 3633829 External links edit nbsp Wikisource has the text of a 1905 New International Encyclopedia article about Treaty of Guadalupe Hidalgo Treaty of Guadalupe Hidalgo and related resources at the U S Library of Congress Library of Congress The Treaty of Guadalupe Hidalgo Library of Congress Hispanic Reading Room portal Text of the Treaty of Guadalupe Hidalgo Copy of Treaty including sections stricken out by Senate Text of the Treaty of Guadalupe Hidalgo and analysis U S General Accounting Office report on the Treaty of Guadalupe Hidalgo June 2004 PDF Library of Congress Guide to the Mexican War Library of Congress Time magazine article on the treaty leak Archived from the original on 27 July 2010 Retrieved 8 February 2023 Occupation and Aftermath Archived from the original on 21 September 2013 at A Continent Divided The U S Mexico War University of Texas at Arlington Center for Greater Southwestern Studies Map of North America and the Caribbean at the time of the Treaty of Guadalupe Hidalgo omniatlas com Retrieved from https en wikipedia org w index php title Treaty of Guadalupe Hidalgo amp oldid 1199856688, wikipedia, wiki, book, books, library,

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