United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime Custom-Houses, and had there paid the duties conformably with the Mexican Tariff. 6. The owners of all merchandise, effects, or property described in the first and second rules and existing in any port of Mexico, shall have the right to re-ship the same, exempt from all tax, impost, or contribution whatever. With respect to the metals, or other property, exported from any Mexican port while in the occupation of the forces of the United States, and previously to the restoration of the Custom-House at such port, no person shall be required by the Mexican authorities, whether general or State, to pay any tax, duty, or contribu tion upon any such exportation, or in any manner to account for the same to the said authorities. ARTICLE XX. Through consideration for the interests of commerce generally, it is agreed that if less than sixty days should elapse between the date of the signature of this Treaty and the restoration of the custom-houses, conformably with a stipulation in the third Article, in such case, all merchandise, effects, and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the signature of this Treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties es tablished by the Tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects and property, the rules established in the preceding Article shall apply. ARTICLE XXI. If, unhappily, any disagreement should hereafter arise between the Governments of the two Republics, whether with respect to the interpretation of any stipulation in this Treaty or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavor, in the most sincere and earnest manner, to settle the difference so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves; using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had in reprisals, aggressions, or hostility of any kind by the one Republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighborship, whether it would not be better that such difference should be settled by the arbitration of Commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case. ARTICLE XXII. If, (which is not to be expected. and which God forbid !) war shall unhappily break out between the two Republics, they do now, with a view to such calamity, pledge themselves to each other and to the world, to observe the following rules, absolutely, where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible. 1. The merchants of either Republic then residing in the other shall be allowed to remain twelve months, (for those dwelling in the interior,) and six months, (for those dwelling at the seaports,) to collect their debts and settle their affairs; during which periods, they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hinderance; conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed, and inhabiting unfortified towns, villages or places, and in general all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments uninolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take any thing from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments, for charitable and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuits of their vocations. 2. In order that the fate of prisoners of war may be alleviated, all such practices as those of sending them into distant, inclement, or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison-ships or prisons; nor be put in irons, or bound, or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldiers 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 an officer so breaking his parole, or any common soldier so escaping from the limits assigned him, shall afterward 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 computation, 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 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 pretense that war dissolves all Treaties, nor any other whatever, shall be considered as annuling 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. This Treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Mexican Republic with the previous approbation of its General Congress; and the ratifications shall be exchanged in the city of Washington, in four months from the date of the signature hereof, or sooner, if practicable. In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty of Peace, Friendship, Limits, and Settlement; and have hereunto affixed our seals respectively. Done in Quintuplicate, at the city of Gaudalupe Hidalgo, on the sec ond day of February, in the year of our Lord one thousand eight hundred and forty-eight. N. P. TRIST, [L. S.] L. S. [L. S.] L. S. ADDITIONAL AND SECRET ARTICLE of the Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic, signed this day by their respective Plenipotentiaries. (Expunged.) In view of the possibility that the exchange of the ratifications of this Treaty may, by the circumstances in which the Mexican Republic is placed, be delayed longer than the term of four months fixed by its twenty-third article for the exchange of ratifications of the same, it is hereby agreed that such delay shall not, in any manner, affect the force and validity of this Treaty, unless it should exceed the term of eight months, counted from the date of the signature thereof. This article is to have the same force and virture as if inserted in the treaty to which this is an addition. In faith whereof, we, the respective Plenipotentiaries, have signed this additional and secret article, and have hereunto affixed our seals, respectively. Done in Quintuplicate at the city of Gaudalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight. N. P. TRIST, [L. 8.] L. S. L. S.] L. S. |