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NOTES ON CHAPTER XXXII, PAGES 240-241

and the interior to be evacuated as soon as practicable. Mexico to assist. Duties collected after Mexico's ratification to be paid over to her. 4. Immediately on the exchange of ratifications all Mexican places and public property to be given up, and all prisoners surrendered. The process to be completed within three months, unless the sickly season should require American troops to remain longer at designated points. 5. The new boundary (Rio Grande, southern and western lines of New Mexico, the Gila, the Colorado, the line between upper and lower California). The line to be run and marked by a joint commission within a year after the exchange of ratifications. No change in it to be made except with the free and formal consent of both nations. 6. The United States may navigate the Gulf of California and the Colorado to the Gila, and the two governments will arrange for "a road, canal, or railway" within a marine league of the Gila, should it be found practicable. 7. The navigation of the Gila and of the Rio Grande to New Mexico to be free to both countries. 8. All Mexicans in the transferred territory may go or stay, will have full power over their property, and may elect within a year to remain Mexican citizens. 9. Mexicans not so electing shall be admitted as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights of citizens of the United States," and meantime shall have the rights "now vested in them according to the Mexican laws." No interference with Roman Catholic worship, property or ecclesiastical administration. 10. Mexican grants of lands (made before May 13, 1846) to be valid, and the period for fulfilling conditions to be reckoned from the exchange of ratifications. 11. The United States to prevent or punish Indian incursions from its territory, and exact satisfaction for damage done, etc. 12. The United States to pay Mexico $15,000,000. (As to method of payment, see p. 248.) 13. The United States to pay the claims against Mexico already decided. 14. Also to assume all other claims arising before Feb. 2, 1848. 15. The latter claims are to be passed upon by an American commission (which will be supplied by Mexico, on demand, with needed books, etc.), and not more than $3,250,000 may be paid to satisfy the claims. 16. Each nation may fortify any point within its territory. 17. The commercial treaty of 1831, so far as compatible with this treaty, revived for eight years. 18. Supplies for American troops in Mexico to enter free of duty. 19. Provisions respecting merchandise brought into Mexican ports occupied by the Americans. 20. A provision regarding certain merchandise arriving at Mexican ports shortly after the restoration of the customhouses. 21. Should difficulties arise between the two countries, negotiations and arbitration — not reprisals or hostilities — to be employed, unless the circumstances forbid. 22. Provisions for resident merchants and prisoners in case of war between the two nations. 23. Ratifications to be exchanged at Washington in four months or, if practicable, sooner. Secret article. The four months of Art. 23 may be extended to eight months.

13. If we hold that Texas extended only to New Mexico, the treaty gave us 619,275 square miles (Donaldson, Public Domain, 124, 134). (Little) 198Gallatin, note on peace treaty; Roa Bárcena, Recuerdos, 618; 13Palmerston to Mora, June 20, 1848. The U.S. Supreme Court held (Merryman vs. Bourne, 9 Wallace, 592) that the acquisition of California was "complete on the seventh of July, 1846." It said, "Conquest is a valid title, while the victor maintains the exclusive possession of the