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Treaty of Amity and Commerce between Spain and the Mexican Republic.
Dated at Madrid, November 28, 1836. Ratified by the President of the Mexican Republic May 3, 1837, and by Spain November 16, 1837; and ordered to be published by a decree of the Mexican Congress of Feb. 28, 1838.
Decree of the Mexican Congress of February 28, 1838.
TREATY OF AMITY AND COMMERCE WITH HER MAJESTY, THE QUEEN OF
The President of the Mexican Republic to all to whom these presents shall come, Know Ye :—That having concluded and established at Madrid on the twenty-eighth day of December, one thousand eight hundred and thirty-six, a treaty of peace and amity between this republic and her Catholic majesty the queen regent of Spain through the medium of the plenipotentiaries of both governments for that purpose duly and respectively authorized, the tenor of what is as follows :
In the name of the most holy Trinity—The Mexican republic on the one part, and on the other her Catholic majesty Doña Isabel 2d-by the grace of God and by the Constitution of the Spanish monarchy, queen of Spain and during her minority, the queen dowager Doña Maria Christina de Borbon her august mother, regent of the kingdom ; earnestly desiring to bring to an end the state of non-intercourse and misunderstanding which has existed between the two governments and between the citizens and subjects of the respective countries and to cause to be forever forgotten the past differences and dissensions, by which for so long a time the relations of friendship and good understanding have been most unhappily interrupted between the people of both countries, although by their mutual bond of union, their identity of origin and reciprocal interests called upon to regard each other as brothers : and to establish and permanently to secure said relations for their mutual benefit by means of a definite treaty of peace and sincere friendship—and to this end they have nominated and appointed as their plenipotentiaries as follows-His Excellency the President of the Mexican Republic, His Excellency Jose D. Miguel Santa Maria, minister plenipotentiary of the same at the Court of London and Envoy extraordinary near that of Her Catholic majesty. And Her Catholic majesty, and in her
royal name the queen regent has appointed Sr. D. Jose Maria Calatrava, her Secretary of State and President of the council of ministers: who, after having interchanged their credentials, found to be in due form, have agreed upon the following articles.
ART. 1. Her majesty the queen regent of Spain in the name of her august daughter Doña Isabel II. recognises the republic of Mexico as a free, Sovereign, and independent nation, composed of those states and countries specified in her Constitutional law, that is to say, the territory comprehended in the viceroyalty heretofore called New Spain, that styled the Captain-generalship of Yucatan, that in the Commandicies so called, of the internal provinces of the East and West and of Lower and Upper California, and the lands annexed and the Islands adjacent, in both Seas which are actually in possession of said republic. And Her majesty renounces as well for herself as for her heirs and successors all claims to the government, proprietorship and territorial right in the said states and countries.
ART. 2. There shall be total oblivion as to all that has passed, and a general and complete amnesty in relation to all Mexicans and Spaniards without any exception, who may have been expelled, absent, banished or concealed, or who may chance to have been made prisoners, or confined without the knowledge of their respective governments, whatsoever part they may have taken during the wars and disputations happily terminated by the present treaty, both during the whole period of their continuance and until the ratification of this treaty. And the stipulation for this amnesty, and the granting of the same arise from the high interposition of her Catholic Majesty in proof of the desire which animates her that, united upon principles of justice and kindness, the strictest friendship, peace and union now, henceforth and forever, may be preserved between her subjects and the citizens of the Republic of Mexico.
Art. 3. The Republic of Mexico and her Catholic Majesty agree that the respective citizens and subjects of both nations shall enjoy their rights freely, and promptly to demand and obtain justice and ample satisfaction of debts contracted between them in good faith; and in like manner that there shall not be interposed on the part of the public authorities any legal impediment to the maintenance of their rights arising from marriage, inheritance by will or ab intestato, succession, or by any other of the modes of acquiring property recognised by the laws of the country where reclamation is sought to be obtained.
ART. 4. The high contracting parties also agree to proceed with all possible despatch to arrange and conclude a treaty of commerce and navigation, founded upon principles of reciprocal advantage to the respective countries.
Art. 5. The citizens of the Mexican Republic and the subjects of Her Catholic Majesty shall be treated, in relation to the imposition of duties on the products of the earth, goods, and merchandise which they shall import or export from the territories of the high contracting parties, and under their respective flags, as those of the most favoured nation, except in those cases in which, in order to obtain reciprocal advantages, they may agree upon such mutual concessions as may result in the advantage of both coun. tries.
ART. 6. Merchants and other citizens of the Republic of Mexico, or subjects of Her Catholic Majesty who may be established in trading or passing through the whole or any part of the one or the other country, shall enjoy the most perfect security in their persons and property, and shall be exempt from all compulsory service in the army or navy, or in the national militia, and from every charge, contribution or impost, not payable by the citizens and subjects of the country where they reside ; and as well in respect to the distribution of contributions, imposts and other general charges, as the protection and privileges in the prosecution of their business; and also in all that relates to the administration of justice, they shall be treated in the same manner as the native citizens of the respective nations, subject always to the laws, regulations, and usages of the country in which they may reside.
ART. 7. In consideration that the republic of Mexico, by a law of the general Congress of the twenty-eighth of June, 1824, has freely and spontaneously recognized as her own debt and that of the Nation, the debt contracted and charged upon the national treasury by the Spanish government of the metropolis, and.its authorities while the present Mexican nation was under their dominion and until their authority ceased in the year 1821 ; and that in addition to this there is no confiscation of the property of Spanish subjects :—the republic of Mexico and Her Catholic Majesty, for herself and her heirs and successors in conformity therewith shall, mutually desist from any reclamation or claim which may be agitated in relation to the points aforesaid and hereby declare that the two high contracting parties shall be freed and discharged henceforth and forever from all responsibility in this particular.
ART. 8. The present treaty of peace and friendship shall be ratified by the two governments and the ratifications exchanged at the Court of Madrid, at the expiration of nine months from this day or sooner if it be possible to acccomplish the same with the greatest diligence.
In testimony of which, we the undersigned plenipotentiaries have signed and sealed the same with our respective seals.
Executed in triplicate at Madrid on the 28th day of the month of November, in the year of our Lord one thousand eight hundred and thirty-six.
[L. S.] (Signed) MIGUEL SANTA MARIA,
Wherefore after having seen and examined said treaty with the previous
approbation of the National Congress and in virtue of the authority conferred on me by the Constitutional laws, I have ratified, accepted and confirmed it, and by these presents do ratify, accept and confirm the same, promising faithfully to observe and to cause to be observed everything therein contained and not to permit its violation in any manner whatever.
In testimony of which I have signed the same with my hand, commanded it to be sealed by the great seal of the nation, and to be countersigned by the ministers of foreign affairs.
Dated at the National palace of Mexico, on the 3d of May, one thousand eight hundred and thirty-seven, and the fourteenth of the IndependenceAuastasio Bustamente-Louis G. Cueras. And the aforesaid treaty having been in like manner approved and ratified by her majesty, the queen Regent of Spain, for herself, and in the name of her august daughter Doña Isabel II, at Madrid, on the 14th of November, one thousand eight hundred and thirty-seven, after having enlarged the term fixed for the exchange of ratifications. I command that the same be printed, published and circulated and be duly obeyed.
THE UNITED STATES AND MEXICO.
Treaty of peace, friendship, limits and settlement, between the United States
of America and the Mexican republic. Dated at Guadalupe Hidalgo, February 2, 1848 ; ratified by the President of the United States, March 16, 1848 ; exchanged at Queretaro, May 30, 1848 ; proclaimed by the President of the United States, July 4, 1848.
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, harmony 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 communication 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, between the United States
of America and the Mexican republic.
ARTICLE I. There shall be firm and universal peace between the United States of America and the Mexican republic, and between their respective countries, territories, cities, towns and people, without exception of places or persons.
ARTICLE II. Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the general-in-chief of the forces of the United States, and such as may be appointed by the Mexican government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be re-established, as regards the political, adminis. trative and judicial branches, so far as this shall be permitted by the circumstances of military occupation.
ARTICLE III. Immediately upon the ratification of the present treaty by the government of the 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 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 the 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 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 despatched to the persons in charge of the custom houses at all ports occupied by the forces of the United States, reqı iring 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 debts for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact ac