Treaty of Guadalupe Hidalgo

Cover of the exchange copy of the treaty of Guadalupe Hidalgo.

The Treaty of Guadalupe Hidalgo (Tratado de Guadalupe Hidalgo in Spanish) is the peace treaty, largely dictated by the United States to the interim government of a militarily occupied Mexico City, that ended the Mexican-American War (1846 – 48). With the defeat of its army and the fall of the capital, Mexico City, in September 1847 the Mexican government surrendered to the United States and entered into negotiations to end the war. The peace talks were negotiated by Nicholas Trist, chief clerk of the State Department, who had accompanied General Winfield Scott as a diplomat and President Polk's representative. Trist and General Scott, after two previous unsuccessful attempts to negotiate a treaty with Santa Anna, determined that the only way to deal with Mexico was as a conquered enemy. Nicholas Trist negotiated with a special commission representing the collapsed government led by Don Bernardo Couto, Don Miguel Atristain, and Don Luis Gonzaga Cuevas of Mexico.

Under the terms of the treaty negotiated by Trist, Mexico ceded to the United States Upper California and New Mexico. This was known as the Mexican Cession and included present-day Arizona and New Mexico and parts of Utah, Nevada, and Colorado (see Article V of the treaty). Mexico relinquished all claims to Texas and recognized the Rio Grande as the southern boundary with the United States (see Article V).

The treaty provided for the Mexican Cession of 1.36 million km² (525,000 square miles) to the United States in exchange for 15 million dollars (equivalent to $530 million today). From the viewpoint of some in Mexico, this Treaty also ceded an additional 1,007,935 km² (389,166 square miles), since Mexico had never officially recognized either the independence of the Republic of Texas (1836) or its annexation by the United States (1845), and under this calculation, Mexico lost about 55% of its prewar territory.

The Treaty also ensured safety of existing property rights of Mexican citizens living in the transferred territories. Despite assurances to the contrary, the property rights of Mexican citizens were often not honored by the U.S. in accordance with modifications to and interpretations of the Treaty. The U.S. also agreed to take over 3.25 million dollars (equivalent to $114.5 million today) in debts that Mexico owed to American citizens.

In Mexico, this is referred to as The North American Intervention (La Intervención Norteamericana). Mexico had claimed the area in question for about 25 years since the winning of its independence from the Spanish Empire in 1821 following the Mexican War of Independence. The Spanish Empire had conquered part of the area from the Native American tribes over the preceding three centuries, but there remained rather powerful and independent indigenous nations within that northern region of Mexico. As most of that land was too dry (low rainfall) and too mountainous or hilly to support very much population until the advent of new technology following about 1880: means for damming and distributing water from the few rivers to irrigated farmland; the telegraph; the railroad; the telephone; and electrical power.

There were about 80,000 Mexicans living in the areas of California, New Mexico, Arizona, and Texas during the of 1845 - 50, and far fewer in Nevada, in southern and western Colorado, and in Utah. Those 80,000 people made up about 20% of the population of Mexico.

The Treaty of Guadalupe Hidalgo took its name from that of a town in the Federal District of Mexico that is now a suburb of Mexico City. It was signed there on February 2, 1848.

The land that the Treaty of Guadalupe Hidalgo brought into the United States in what became (in 1850 - 1912) all or part of the States of California (1850), Nevada (1864) Colorado (1876), Wyoming (1890), Utah (1896), New Mexico (1912), and Arizona (1912) as well as the whole of, depending on your point-of-view, the State of Texas and part of Kansas. The remainder (the southern parts) of New Mexico and Arizona were peacefully purchased under Gadsden Purchase, which was carried out in 1853. In this purchase the United States paid an additional 10 million (equivalent to $370 million today), for land that was intended to carry a transcontinental railroad west from the State of Georgia, across the width of Texas, through El Paso, and thence run close to the Mexican border all the way to San Diego, California. This railroad was never built, though one somewhat farther north was built between Tucson, Phoenix, and points to the west.

On the land of the Gadsden Purchase, there now stands the site of Las Cruces, Tucson, and parts of the Phoenix Metropolitan Area, but most of the land of the Gadsden Purchase is barely habitable by people, and it now largely consists of such lands as several National Monuments, large, sparsely-used military lands such as a huge U.S. Air Force bombing range, two sparsely-populated Indian Reservations, and both sections of the Saguaro National Park, which features dry desert land sprinkled with the noted (very large) saguaro cactus.

Background to the War

On March 1, 1845, U.S. Pres. John Tyler signed legislation to authorize the United States to annex the Republic of Texas, effective on December 29, 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. The United Kingdom and France, both of which recognized the independence of the Republic of Texas, repeatedly tried to dissuade Mexico from declaring war against its northern neighbor. British efforts to mediate the quandary were fruitless - in part because additional political disputes (particularly when the Oregon boundary dispute arose between Great Britain, as the sovereign of Canada, and the United States).

Before the outbreak of hostilities, on 10 November 1845, Tyler's successor as the President, James K. Polk, had sent his envoy, John Slidell, to Mexico to offer the country around $5 million for the territory of Nuevo México, and up to $40 million for Alta California (the present State of California) . The Mexican government dismissed Slidell, refusing to even meet with him. 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 (which newly-independent Mexico had inherited). In this one the United States had supposedly relinquished all claims to Mexican territory, ad infinitum.

President Polk, an expansionist, took insult, and he did little to prevent war with Mexico. After the Thornton Affair, a skirmish between the Mexican Army and American troops that took place on disputed territory near the Rio Grande (see the Treaties of Velasco), President Polk signed a declaration of war into effect on 13 May 1846, 49 days before the Mexican Congress was hencewith forced to formally declare war on July 1. The Oregon Treaty, signed on 15 June avoiding a conflict with Great Britain, and hence gave the U.S. a free hand to make war on control of Mexico.

Map of Mexico. S. Augustus Mitchell, Philadelphia, 1847. Alta California shown including Nevada, Utah, Arizona.

Conduct of war

California and New Mexico were quickly occupied in the summer of 1846, and fighting there ended by January 1847 with the signing of the Treaty of Cahuenga and end of the Taos Revolt. The U.S. spent 1847 invading central Mexico and occupying Mexico City, but Mexico was still reluctant to agree to the loss of California and New Mexico, offering only 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) which was already dominated by Anglo-American settlers. Some Eastern Democrats called for total annexation of Mexico and claimed that some Mexican liberals would welcome this, but Pres. 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.

Jefferson Davis advised Polk that if Mexico appointed commissioners to come to the U.S., 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. Nicholas Trist, chief clerk of the State Department under Pres. Polk, finally negotiated a treaty with the Mexican delegation after ignoring his recall by Pres. Polk in frustration with failure to secure a treaty. 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.

Treaty of Guadalupe Hidalgo

A section of the original treaty.

The treaty was signed by Nicholas Trist on behalf of the U.S. and Luis G. Cuevas, Bernardo Couto and Miguel Atristain as plenipotentiary representatives of Mexico on February 2, 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.

Changes to the treaty and ratification

The version of the treaty ratified by the United States Senate eliminated Article X, which stated that the U.S. government would honor and guarantee all land grants awarded in lands ceded to the U.S. to citizens of Spain and Mexico by those respective governments. Article VIII guaranteed that Mexicans who remained more than one year in the ceded lands would automatically become full-fledged American 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 U.S. 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.

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 the Wilmot Proviso banning slavery into the treaty failed 15-38 on sectional lines.

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 organization of a U.S. territorial government helped ease Mexican concern about abandoning the people of New Mexico. On the other hand, the discovery of gold in California a week before the treaty was signed did not become known in Mexico until August 1849

Protocol of Querétaro

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.

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

The U.S. would later go on to ignore the protocol on the grounds that the U.S. representatives had over-reached their authority in agreeing to it.

Treaty of Mesilla

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.

Effects

The Mexican Cession agreed by 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 for the recognition of the Rio Grande as the boundary between the State of Texas and Mexico. The land boundaries were established by a survey team of appointed Mexican and American representatives, 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. Most of these markers were simply piles of stones. Two later conventions, in 1882 and 1889, further clarified the boundaries, as some of the markers had been moved or destroyed.

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, without relying on potentially inaccurate designations by latitude.

The treaty extended U.S. citizenship to Mexicans in the newly-purchased territories, before many African Americans, Asians and Native Americans were eligible. Between 1850 and 1920, the U.S. Census counted most Mexicans as racially "white", despite the actual mixed ancestry of most Mexicans. Nonetheless, racially-tinged tensions persisted in the era following annexation, reflected in such things as the Greaser Act in California. Mexican communities remained segregated de facto from and also within other U.S. communities, right up to the end of the 20th century throughout the Southwest .

Community property rights in California are a legacy of the Mexican era. The Treaty of Guadalupe Hidalgo provided that the property rights of Mexican subjects would be kept inviolate. The early Californians felt compelled to continue the community property system regarding the earnings and accumulation of property during a marriage, and it became incorporated into the California constitution.

Additional issues

The California Channel & Farallon Islands (see history) are not included in the treaty and, therefore, are a potential case of territorial dispute between Mexico and the United States of America.

Border disputes continued; the U.S.'s desire to expand its territory continued unabated and Mexico's economic problems persisted, leading to the controversial Gadsden Purchase in 1854 and William Walker's Republic of Lower California filibustering incident in that same year.

The border was routinely crossed by the armed forces of both countries. Mexican and Confederate troops often clashed during the American civil war, and the U.S. crossed the border during the war of 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 would much later cause a dispute over the boundary between purchase lands and those of the state of Texas, called the Country Club Dispute.

Controversy over community land grant claims in New Mexico persist to this day.

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

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. Nugent did not reveal his source.

See also

• Gadsden Purchase
• Treaty of Cahuenga
• United States and Mexican Boundary Survey
• 1848 in Mexico
• Annexation Bill of 1866
• United States Court of Private Land Claims
• Treaty of Guadalupe Hidalgo (History of New Mexico)
• Land Grants (Mexican period of Arizona)
• Californios in literature
• Botiller v. Dominguez
• Zimmerman Telegram

References

• Griswold del Castillo, Richard (1990), The Treaty of Guadalupe Hidalgo: A Legacy of Conflict, Norman: University of Oklahoma Press, ISBN 0806122404.
• Ohrt, Wallace (1997), Defiant Peacemaker: Nicholas Trist in the Mexican War, College Station: Texas A&M University Press, ISBN 0890967784.
• Reeves, Jesse S. (1905), "The Treaty of Guadalupe Hidalgo", American Historical Review, 10 (2): 309–324.

External links

• Treaty of Guadalupe Hidalgo and related resources at the U.S. Library of Congress
• Text of the Treaty of Guadalupe Hidalgo
• Copy of Treaty, including sections stricken out by Senate
• Text of the Treaty of Guadalupe Hidalgo, and anaysis
• U.S. General Accounting Office report on the Treaty of Guadalupe Hidalgo, June 2004
• Library of Congress Guide to the Mexican War
• Time magazine article on the treaty leak