Resolved, That the President of the United States be requested to furnish this House with
a correct copy of the original treaty of Guadalupe Hidalgo, entered into on the 2d
day of February, 1848, by Nicholas P. Trist, on the part of the United States, and
Luis G. Cuevas, Barnado Couto, and Miguel Atristain, on the part of the republic of
Mexico; and particularly those articles in said original treaty which were stricken
out or amended by the Senate of the United States.
Resolved, further, That the President be requested to inform this House whether there is any evidence
in the Department of State of an agreement and assurance made by our Commissioners
with the Mexican Government, before the ratification by said Government of said amendments,
substantially in the following words, to wit:
“PROTOCOL
Of the conference previous to the ratification and change of the treaty of peace between
Ambrose H. Sevier and Nathan Clifford, commissioners as Ministers Plenipotentiary
on the part of the United States of America, and Don Luis de la Rosa, Minister of
Foreign and Internal Affairs of the Mexican republic.
In the city of Queretaro, on the 26th of the month of May, 1848, at a conference between
their Excellencies Nathan Clifford and Ambrose H. Sevier, Commissioners of the United
States of America, with full powers from their Government to make to the Mexican republic
suitable explanations in regard to the amendments which the Senate and Government
of the United States have made in the treaty of peace, friendship, limits, and definitive
settlement between the two republics, signed in the city of Guadalupe Hidalgo on the
2d day of February of the present year, and his Excellency Don Luis de la Rosa, Minister
of Foreign Affairs of the republic of Mexico, it was agreed, after adequate conversation
respecting the changes alluded to, to record in the present protocol the following
explanations, which their aforesaid Excellencies the Commissioners gave in the name
of their Government, and in fulfilment of the commission conferred upon them near
the Mexican republic:
1st The American Government, by suppressing the ninth article of the treaty of Guadalupe
and substituting the third article of the treaty of Louisiana, did not intend to diminish
in any way what was agreed upon by the aforesaid article ninth in favor of the inhabitants
of the territories ceded by Mexico. Its understanding is, that all of that agreement
is contained in the third [article of the treaty of Louisiana. In consequence, all the]1 . . .privileges and guaranties, civil, political, and religious, which would have been
possessed by the inhabitants of the ceded territories, if the ninth article of the
treaty had been retained, will be enjoyed by them, without any difference, under the
article which has been substituted.
2d. the American Government, by suppressing the tenth article of the treaty of Guadalupe,
did not, in any way, intend to annul the grants of lands made by Mexico in the ceded
territories. These grants, notwithstanding the suppression of this article of the
treaty, preserve the legal value which they may possess, and the grantees may cause
their legitimate titles to be acknowledged before the American tribunals.
Conformably to the law of the United States, legitimate titles to every description
of property, personal and real, existing in the ceded territories, are those which
are legitimate titles under the Mexican law in California and New Mexico, up to the
13th of May, 1846, and in Texas up to the 2d of March, 1836.
3d. The Government of the United States, by suppressing the concluding paragraph of
article twelfth of the treaty, did not intend to deprive the Mexican republic of the
free and unrestrained faculty of ceding, conveying, or transferring at any time (as
it may judge best) the sum of twelve millions of dollars, which the same Government
of the United States is to deliver in the places designated by the amended article.
And these explanations having been accepted by the Minister of Foreign Affairs of
the Mexican republic, he declared in the name of his Government that, with the understanding
conveyed by them, the same Government would proceed to ratify the treaty of Guadalupe,
as modified by the Senate and Government of the United States.
In testimony of which, their Excellencies, the aforesaid Commissioners, and the Minister,
have signed and sealed, in quintuplicate, the present protocol.
NATHAN CLIFFORD. (L. S)
AMBROSE H. SEVIER. (L. S)
LUIS DE LA ROSA.” (L. S.)
AMBROSE H. SEVIER. (L. S)
LUIS DE LA ROSA.” (L. S.)
And be it further resolved, That if such paper is in the Department of State, the President be requested to
inform this House whether said Commissioners, or Plenipotentiaries, were empowered
to make said explanations and give said guaranties, and by what authority they were
so empowered; and whether the said protocol has been submitted to the consideration
of the Senate of the United States, and been sanctioned by a constitutional majority
of that body.
And be it further resolved, That the President inform this Ho^o^use whether he was aware of the existence of such protocol at the time of his proclamation
of the final exchange of ratifications of said treaty on the 4th day of July, 1848.
⋄Resold That the President ^be requested^ also ^to^ communicate all communications to the Hous to this House a copy of the instructions of the govemt to Commissioners A H Sevier
& N. Clifford, together with such other correspondence as appertains to said treaty
^Stephens accept this [A H?] Stephens^⋄
⋄G. S. Houston A. H Stephens⋄
⋄ Resolved further that the President ^be requested^ also Communicate to this House if not incompatible with the public interest a copy
of the instructions of this Govt to Commissioners A. H. Sevier & N. Clifford together with such other correspondence
as is co appertains to said treaty ^; (and that the information emb called for the in the foregoing resolutions be not communicated, if the in his judgment, it be incompatible with the public interest)^⋄
<Page 2>
[ docketing
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Stephens’ resolution.
[ docketing
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3 motion to suspend rules (2/3 voting therefor.)
[ docketing
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Wentworth to reconsider vote on A. and to lie
[ docketing
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20 lie.
[ docketing
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? on res a modified.
[ docketing
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Mr. Stephens.
Regarding the Protocol of the Commissioners to sign the Treaty with Mexico
Regarding the Protocol of the Commissioners to sign the Treaty with Mexico
[ docketing
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Feby 5th 1849
Agreed to.
Agreed to.
[ docketing
]
Burt moved p. q
2d
? On Houston’s A.
Amendment
2d
? On Houston’s A.
Amendment
Printed Document, 2 page(s), RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB,