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of Tubac and Tucson, and consequently it was abandoned. This is the difficulty with these small water-courses ; for having few or no tributaries to keep up the supply, as our northern streams have, and frequently running a course of several hundred miles before they terminate, their water cannot be drawn off without destroying the crops below them, even depriving the people and animals of water to drink.”

With so few natural resources and such little prospect of enlarg. ing them, an element enters into the cost of building a railroad through this region, which will astonish the friends of this route, when the estimates are made upon a practical basis. Where is the engineer that will risk his reputation by estimating the cost of labor, provisions, timber and iron on such a route at an amount which would authorize the most reckless speculator to undertake the enterprise ?

If this region be correctly described by Commissioner Bartlett, we do not hesitate to affirm, in an economical point of view, that the construction of a railroad through it is totally impracticable, and that the work will never be accomplished. But were a road built through this desert region, it would be of little value, except as a means of transit from ocean to ocean, and hence one of the chief objects of building railroads; the development of the resources of the country through which they pass would not be obtained in this case.

The foregoing extracts from Commissioner Bartlett's narrative will give our readers a tolerable good idea of the value of the country acquired by the late treaty. The area is estimated at about 20,000,000 acres — about one half the size of the State of Missouri. If we are right in supposing that it includes the town of Santa Cruz, it contains besides that, the town of Messilla on the Rio Grande, and the towns of Tubac and Tucson in the Santa Cruz valley; containing in all a population, according to Mr. Bartlett's accounts, of about 2,600 inhabitants. According to observations taken by Dr. Wislizenus, El Paso is on the parallel of 30° 45' 50, and consequently is not included in the Mesilla purchase. TREATY BETWEEN THE UNITED STATES AND MEXICO. Message from the President of the United States, transmit

ting a copy of the Treaty between the U. S. of America and


I have received information that the Government of Mexico has agreed to the several amendments proposed by the Senate to the treaty

between the United States and the Republic of Mexico, signed on the 30th of December last, and has authorized its Envoy Extraordinary to this Government to exchange the ratifications thereof. The time within which the ratifications can be exchanged will expire on the 30. instant.

There is a provision in the treaty for the payment by the United States to Mexico of the sum of seven millions of dollars on the exchange of ratifications, and the further sum of three millions of dollars when the boundaries of the ceded territory shall be settled.

To be enabled to comply with the stipulation, according to the terms of the treaty, relative to the payment therein mentioned, it will be necessary that Congress should make an oppropriation of seven millions of dollars for that purpose before the 30th instant, and also the further sum of three millions of dollars, to be paid when the boundaries shall be established. I, therefore, respectfully request that these sums may be put at the disposal of the Executive.

I herewith transmit to the House of Representatives a copy of the said treaty.

FRANKLIN PIERCE. WASHINGTON, June 20, 1854. Treaty between the United States of America and the Mexican Republic, concluded at the City of Mexico, December 30, 1853.

In the name of Almighty God! The Republic of Mexico an:l the United States of America, desiring to remove every cause of disagreement which might interfere in any manner with the better friendship and intercourse between the two countries, and especially in respeci to the true limits which should be established, when, notwithstanding wliat was covenanted in the treaty of Guadalupe Hidalgo, in the year 1818, opposite interpretations have been urged, which might give occasion to questions of serious moment.

To avoid these, and to strengthen and more firmly maintain the peace which happily prevails between the two republics, the President of the United States has, for this purpose, appointed James Gadsden, Envoy Extraordinary and Minister Plenipotertiary of the same near the Mexican Government, and the President of Mexico has appointed as plenipotentiary "ad hoc" lis Excellency Don Manuel Diez De Bonilla, Cavalier Grand Cross of the Nation:) and Distinguished Order of Guadalupe, and Secretary of State and of the office of Foreign Relations, and Don Jose Salazar Yillarregui, and General Mariano Monterde, as scientific commissioners, invested with full powers for this negotiation, who, having communicated their respective full powers, and finding them in due and proper form, have agreed upon the articles following:

ARTICLE I.-The Mexican Republic agrees to designate the following as her true limits with the United States for the future; retaining the same dividing line between the two Californias as already defined and established according to the fifth article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the inouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe Hidalgo; thence, as defined in the said ar

ticle, up the middle of that river to the point where the parallel of 31 deg. 47 min. north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31 deg. 20 min. north latitude; thence along the said parallel of 31 deg. 20 min. to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado river, twenty English miles below the junction of the Gila and Colorado rivers; thence up the middle of the said river Colorado, until it intersects the present line between the United States and Mexico.

For the performance of this portion of the treaty, each of the two governments shall nominate one commissioner, to the end that, by common consent, the two thus nominated, having met in the city of Paso del Norte three months after the exchange of the ratifications of this treaty, may proceed to survey and mark out upon the land the dividing line stipulated by this article, where it shall not have already been surveyed and established by the mixed commission, according to the treaty of Guadalupe, keeping a journal and making proper plans of their operations. For this purpose, if they should judge it necessary, the contracting parties shall be at liberty each to unite to its respective commissioner scientific or other assistants, such as astronomers and surveyors, whose concurrence shall not be considered neces? sary for the settlement and ratification of a true line of division be tween the two Republics. That line shall be alone established upon which the commissioners may fix, their consent in this particular being considered decisive, and an integral part of this treaty, without necessity of ulterior ratification or approval, and without room for interpre. tations of any kind by either of the parties contracting. The dividing line thus established shall in all time be faithfully respected by the two governments, without any variation therein, unless of the express and free consent of the two, given in conformity to the principles of the law of nations and in accordance with the constitution of eich country respectively.

In consequence of the stipulation in the fifth article of the treaty of Guadalupe, the boundary line therein described, is no longer of any force wherein it may conflict with that here established, the said line being considered annulled and abolished wherever it may not coincide with the present, and in the same manner remaining in full force where in accordance with the same.

ARTICLE II.--The Government of Mexico hereby releases the U. S. from all liability on account of the obligations contained in the 11th article of the treaty of Guadalupe Hidalgo,* and the said article and the thirty-third article of the treaty of amity, commerce and navigation between the United States of America and the United Mexican States, concluded at Mexico on the 5th day of April, 1831, are hereby abrogated.

ARTICLE III.-In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the Government of Mexico, in the city of New York, the sum of ten millions of dollars, of which seven millions shall be paid immediately upon the exchange


• The Treaty of Guadalupe Hidalgo will be found in the first vol. of the Western Journal, page 456 to page 462, and at page 507.

of the ratifications of this treaty, and the remaining three millions as soon as the boundary lines shall be surveyed, marked and established.

ARTICLE IV.--The provisions of the sixth and seventh articles of the treaty of Guadalupe Hidalgo having been rendered nugatory for the most part by the cession of territory granted in the first article of this treaty, the said articles are hereby abrogated and annulled, and the provisions as herein expressed substituted therefor. The vessels and citizens of the United States shall, in all time, have free and uninterrupted passage through the Gulf of California, to and from their possessions situated north of the boundary line of the two countries; it being understood that this passage is to be by navigating the Gulf of California and the river Colorado, and not by land without the express consent of the Mexican Government, and precisely the same provisions, stipulations and restrictions, in all respects, are hereby agreed upon and adopted, and shall be scrupulously observed and enforced by the two contracting governments, in reference to the Rio Colorado, so far and for such distance as the middle of that river is made their common boundary line by the first article of this treaty.

The several provisions, stipulations and restrictions contained in the seventh article of the treaty of Guadalupe Hidalgo, shall remain in force only so far as regards the Rio Bravo del Norte, below the initial of the said boundary provided in the first article of this treaty – that is to say, below the intersection of the 31st deg. 47 min. 30 sec. parallel of latitude with the boundary line established by the late treaty, dividing said river from its mouth upwards, according to the fifth article of the treaty of Guadalupe.

ARTICLE V.-All the provisions of the eighth and ninth, sixteenth and seventeenth articles of the treaty of Guadalupe Hidalgo shall apply to the territory ceded by the Mexican Republic by the first article of the present treaty, and to all the rights of persons and property, both civil and ecclesiastica), within the same, as fully and as effeetually as if the said articles were herein again recited and set forth.

ARTICLE VI.--No grants of land within the territory ceded by the first article of this treaty, bearing date subsequent to the twenty-fifth day of September, when the Minister and subscriber to this treaty on the part of the United States proposed to the government of Mexico to terminate the question of boundary, will be considered valid, or be recognized by the United States, or will any grants made previously be respected, or be considered as obligatory, which have not been located and duly recorded in the archives of Mexico.

Article VII.-Should there at any future period (which God forbid) occur any disagreements between the two nations which might lead to a rupture of their relations and reciprocal peace, they bind themselves in like manner to procure, by every possible method, the adjustment of every difference; and should they still in this manner not succeed, never will they proceed to a declaration of war without having previously paid attention to what has been set forth in article twenty-one of the treaty of Guadalupe for similar cases, which articles, as well as the twenty-socond is here re-affirmed.

ARTICLE VIII.-The Mexican Government having on the 5th day



of February, 1853, authorized the early construction of a plank and railroad across the Isthmus of Tehuantepec, and to secure the stable benefits of such transit way to the persons and merchandise of the citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle io the transit of persons and merchandise of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United

be made on the persons


property of other foreign nations; nor shall any interest in said transit way, nor in the thereof, be transferred to any foreign government.

The United States, by its agents, shall have the right to transport across tho Isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also, the effects of the United States Government and its citizens, which


be intended for transit, and not for distribution on the Isthmus free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing The Isthmus and not remaining in the country.

When the construction of the railroad shall be completed the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico.

The two governments will entor into arrangements for the prompt transit of troops and munitions of the United States, which that government may have occasion to send from one part of its territory to another lying on opposite sides of the continent.

The Mexican Government having agreed to protect with its whole power the prosecution, preservation and security of the work, the United States may extend its protection, as it shall judge wise, when it may feel sanctioned and warranted by the public or international law.

ARTICLE IX.—This treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington, within the exact period of six months from the date of its signatures, or sooner if possible.

In testimony whereof, we, the plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hundred and fifty three, in the thirty-third year of the independence of the Mexican republic, and the seventy-eighth of that of the United States. JAMES GADSDEN,


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