Ripley (War with Mexico, ii, 557) says that “no man who so palpably disobeys the direct instructions of his government” as did Trist, could be fit to negotiate a treaty; suggests (p. 564) that it was improper to let the British coöperate in the matter; and argues (pp. 582–4) that Scott should have broken up the negotiations or else assumed the full responsibility for them, withholding from the Mexican government the fact of Trist’s recall. All this and the rest are mere fault-finding, and the critic could and would have been much more severe, had the course he recommended been adopted. Of course he proves the obvious facts that Scott and Trist, in the interest of two nations and to accomplish what their government ardently desired, at great personal risk disregarded mistaken instructions, accepted British assistance without which they would probably have failed, and obtained a treaty which Polk himself, though he hated both of them, felt constrained to accept; but this was a truly glorious achievement. Scott had no right to act as Ripley says he should have done. The armistice, a military affair, was properly his concern, but negotiating a treaty was diplomatic business. Mackintosh, says Ripley (p. 563), had a hand in the negotiations, but this seems to be an error. Rives (U. S. and Mexico, ii, 524–5) says “it might perhaps have been well to replace Trist by a stronger man.” But every possible man had been considered (p. 126), and a stronger man would probably have tried to drive the Mexicans and have failed. Trist they liked and trusted, yet could not deceive or frighten.
The chief points of the treaty signed on Feb. 2 were as follows (Sen. 52; 30, 1, p. 38): Art. 1. Peace. 2. Immediate armistice, and so far as possible a restoration of the constitutional order in the places occupied by the Americans. 3. After ratification by both governments the blockade to cease, the customhouses held by the Americans to be given up, 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) [198]Gallatin, note on peace treaty; Roa Bárcena, Recuerdos, 618; [13]Palmerston 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 conquered country”; and the United States intended to do this in the region we took. On this and other points see Klein, Treaty, 247–81; Butler, Treaty-Making Power, i, 78, 168–9; U. S. Cavalry Journal, xxv, p. 18; Reid, Problems, 271–5. It was necessary to take territory from Mexico to offset our claims, quashed by the war (Richardson, Messages, iv, 537), and partially offset the costs of a war forced upon us, for, had the treaty awarded us a money indemnity, she would not have been willing and morally able, even if theoretically able, to pay it. (See Benton, Abr. Deb., xvi, 40–1.) Aside from the question of right, too, the American people would have been profoundly dissatisfied to see our armies return empty-handed, and this feeling would probably have meant more, to Mexico than the loss of her nominal territory (see Root in Cong. Globe, 30, 1, app., p. 395). Mexico could give up more easily what she did than any equivalent territory. (Map) Gadsden line at N. E. is disputed.
An apparent inconsistency may be noted here, for on p. 138 of vol. i it was intimated that an agreement with Mexico was needed to fix the boundary of Texas. The explanation is that the United States had demonstrated its ability to hold the line, but the republic of Texas was not strong enough to prevent Mexican troops from going and remaining north of the Rio Grande.
The Mexican commissioners rejected the line of 32°, desired by the United States (Sen. 52; 30, 1, p. 91), for three reasons: 1, it would be for a long distance only a mathematical boundary; 2, it was liable, when surveyed, to cut off important points like Paso del Norte; 3, it would prevent land communication between Sonora and lower California (Exposición dirigida). It was proposed at one time to divide S. Diego, but for that concession Trist demanded too much. Besides, S. Diego belonged distinctly to upper California. Lower California was relinquished because inaccessible and poor. Not only for sentimental reasons but because otherwise the treaty, they believed, could not possibly be ratified, the Mexican commissioners were determined to hold all of Sonora and Chihuahua. Tamaulipas, happily, had made no protest against relinquishing her claim to the intermediate region ([52]Trist, no. 27). To ask the consent of the people in the acquired territory was not deemed necessary by the United States (Butler, op. cit., i, 83–4), but citizenship was not forced upon Mexicans by the treaty (art. viii). Art. x was demanded by the Mexicans ([13]Doyle, no. 10, 1848). Art. xix harmonized the American pledge that goods imported during our occupation of the ports should pay only the American tariff ([52]Buchanan to Trist, June 14, 1847), with the Mexican view that our tariff could not be operative beyond the limits of our occupation (Exposición dirigida).
An error regarding the assumption of our claims has prevailed. Two classes of claims were provided for: 1, those liquidated under the convention of 1839 but not covered by the three Mexican instalments (vol. i, p. 81); 2, all unliquidated claims antedating Feb. 2, 1848. Under the first head the United States paid, under the act approved July 29, 1848 (Statutes at Large, ix, 265), $2,090,253.19 including interest (A. J. Peters, asst. sec. treas. to the author, Nov. 30, 1915); under the second head the claims commission awarded (in 1852) $3,208,314.96, including interest (Sen. 34; 32, 1; documents preserved in the state dept.). The treaty provided that under the second head the U. S. should not be liable for more than $3,250,000. The phraseology of our projet regarding this matter, when literally translated, did not readily penetrate the Mexican mind, and hence was re-worked (Sen. 52; 30, 1, p. 294). Roa Bárcena (Recuerdos, chap. xxxiv) gives many interesting details derived from the papers of Couto. Other details may be found in the Trist papers, Doyle’s reports, and the Exposición dirigida (Negrete, Invasión, iv, 296).
[14.] The armistice. [13]Thornton, no. 21, 1847, confid. Roa Bárcena, Recuerdos, 590–1. [13]Doyle, nos. 10, 28, 29, 1848. [52]Trist, no. 26. [335]Thornton to Trist, Nov. 22, 1847, confid. [335]Trist to Scott, Jan. 28, 1848. [335][Peña] to Mex. commrs., Jan. 11, private. [76]Many communications, principally between the Mexican government and the Mexican armistice commrs. (instructions, reports, etc.), Feb., 1848. [60]Butler to Marcy, Mar. 3, 13. [76]Id.., Feb. 21, appmt. of W. and S. [76]Lay to Mora, Apr. 27. [76]To Lombardini, Mar. 4. (Terms) Dublán, Legislación, v, 345–8; Negrete, Invasión, iv, 334, 342; [111]Butler, gen. orders, no. 18, Mar. 6, 1848. [76]Circular, Mar. 10. México á través, iv, 706, 709. [76]Otero, Mar. 31. [291]Winship to Pierce, Mar. 5. Sen. 52; 30, 1, p. 140 (Scott).
As we have seen, the Mexican government had frowned on elections held in occupied territory, probably fearing American pressure upon the voters. The reader may note an apparent inconsistency here. The war is represented sometimes as so lucrative that its continuance was desired by Mexicans, and yet it is said that the districts occupied by our troops felt its burdens, and for that reason desired peace. Both currents of sentiment existed. In some districts and at some times the one predominated; in other districts and at other times the other. Doyle assisted materially in the armistice negotiations. The armistice was signed on Mar. 2. Its terms were: 1, suspension of hostilities; 2, neither side to extend its occupation of territory; 3, all civilians to travel freely, all military persons under white flag; 4, “contributions” for February and March under American [65]orders 376 and 395 to be suspended, etc.; 5, Mexicans to exercise full political rights, and officials recognized by the Mexican government to be recognized by the Americans; *6, no Americans to interfere with Mexican elections; *7, Mexican authorities to levy and collect taxes; *8, Mexican postal facilities might be re-established, and the Americans would protect them; *9, the Mexican government might take the stocks of monopolized articles; *10, public offices not occupied by Americans to be given up, and also, as soon as conveniently possible, all religious and charitable buildings; *11, Mexican courts to act exclusively except when a person belonging to the American army was originally a party, or the interest of the American government is concerned; *12, police to be established; *13, person and property to be protected; *14, Mexico to act freely against savages on the northern frontier, and American commanders to help with influence; 15, church property to be respected; 16, armed bodies assembled anywhere, to commit hostilities not authorized by either government, to be opposed by both governments; 17, the armistice to remain in force during the period fixed by the treaty, unless notice of terminating it is given. The starred articles have particular reference to territory occupied by the Americans. Some of the articles merely make obligatory what the Americans had been doing. Next after Art. 1, Art. 16 was chiefly important. The purpose of it was to prevent insurrections, and it could not fail to have that effect. The first intention was to keep Art. 16 secret, but the wisdom of publishing it soon became clear. The armistice was published at Querétaro on March 11. Some slight and unavoidable violations of it, particularly in the pursuit of guerillas, occurred, but no serious trouble.
[15.] Polk, Diary, Feb. 19. (Learned) Vol. i, p. 123. Calhoun Corresp., 1119–21. [137]Fisher to Calhoun, May 25, 1847. [52]Trist, no. 27. [210]Simms to Hammond, Jan. 15, 1847. Nat. Intellig., May 19; Nov. 20, 1847. N. Y. Sun, May 17, 20; Aug. 20–1, 1847. London Times, Oct. 29, 1847. Dodd, Walker, 25. Bourne, Essays, 227–36. Benton, View, ii, 704. [108]Storms to Bancroft, July 23, 1846. (Baker) Cong. Globe, 29, 1, p. 279. (Secession) Smith, Annex. of Texas, 204–14, 287. U. S. Mag., Feb., 1847, p. 100.
[16.] Polk, Diary, May 13, 1846; Nov. 23; Dec. 7, 1847; Feb. 21, 1848. [13]Crampton, nos. 59, 1847; 8, 9, 1848. [108]Bancroft to Greene, Nov. 3, 1847. Richardson, Messages, iv, 541. [345]Niles to Van Buren, Jan. 20, 1848. [108]Buchanan to Bancroft, Dec. 29, 1846, priv. Cong. Globe, 30, 1, app., 197. Foote, Remins., 220. Monitor Repub., Mar. 10, 1848 (C. Landa). Calhoun Corresp., 741 (to A. P. C. and Mrs. C.). N. Y. Journ. Comm., Dec. 11, 1847; Feb. 4, 1848. N. Y. Herald (weekly), Nov. 30, 1847. N. Y. Sun, Jan. 24, 1848. Cong. Globe, 30, 1, pp. 157–60 (Dickinson), 215 (Crittenden), 219 (Foote), 256 (Dix), 302 (Sevier), 321 (Cass); app., 488 (Tompkins), 349 (Breese). Nat. Intellig., Jan. 31, 1848 (Cass). [345]Blair to Van Buren, Dec. 29, 1847.