Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-07-14


article s. The boundary line between the
TWO republics shall commence in the gulf of
Mexico, three leagues from land, opposite the
mouth of the Rio Grande, otherwise called
KIo Bravo del Norte, or opposite the mouth of
Its deepest branch, if it should have more than
one branch emptying directly into the sea :;
from thence up the middle of that river, fol.
lowing the deepest channel, where it has more
than one, to the point where it strikes the
southern boundary of New Mexico thence,
westwardly, along the whole southern boun-
dairy of New Mexico (Which runs north of the
town called Paso) 10 its western termination :;
thence, northward, along the western line of
New Mexico, until it intersects the first branch
OF the river Gila Tor if it should not intersect
any branch of that river, then to the point on
the said line nearest to such branch, and thence
IN direct line TO the same J thence down the
middle OF the said branch and of the said riv-
er, until it empties into the Rio Colorado :;
thence across the Rio Colorado, following the
division line between Upper and Lower Cali.
tornia, TO the Pacific Ocean
The southern and western limits of New
Mexico, mentioned in this article, are those
laid down in the map entitled "Map of the
United Merican States, as organized and de-
tined by Uarlous acts Of the Congress of said
republic, and constructed according to the best
authorities. Refused edition Published at
New York an 1847, by J. DisturneN". OF
which map copy is added to this treaty. hear
ing the signatures and seals of the undersign
ed plenlpotentiaries. And, IN order 10 pre-.
clude all difficulty in tracing upon the ground
the limit separating Upper from Lower Cali
fornla, it is agreed that the said limit shall
consist OF straight line drawn from the mid
die of the Rio ella, where it unites with tine
Colorado, to a point on the coast of the Pa
chic ocean distant one marine league due south
OF the southernmost point of the port of San
Diego, ACCORDING TO the plan of said port made
IN the year 1882 by Don Juan Pantoja, second
sailing master of the Spanish fleet, and pub
lished at Madrid in the year 1902, in the At
las TO the voyage OF the schooHers Sutu and
Ner'cana, of which plan copy is hereunto
added, signed and sealeI by the respective
plenIpOtentIarIeS.
In order to designate the boundary line with
due precision, upon authoritative maps, and to
establish upon the ground landmarks which
shall show the limits of both republics, as de-
scrlbed IN the present article, the two govern
ments shall each appoint a commissioner and
a surveyor who, before the expiration of one
year from the date of the exchange of ratifca-
tons Of this treaty, shall meet al the port of
San Diego, and proceed to run and mark the
said boundary in its whole course TO the mouth
of the Rio Bravo del Norte They shall keep
journals and mark out plans of their opera
tons; and the result agreed upon by them
shall be deemed part of this treaty, and shall
have the same force as if it were inserted there
IN. The two governments will amicably "a
gree re-arding what may be necessary to these
persons, and also as to their respective escorts,
should such be necessary.
The boundary line established by this arti-
Gle shall be relgiously respected by each of
the two republics, and no change shall ever
be made therein, except by the express and
free consent of both nations, lawfully given
by the general government of each, In confor-
nifty with its own constitution.
article 6. The vessels and citizens of the
United States shall, in all time, have free
and uninterrupted passage by the gulf of Cal
ifornia, and by the river Colorado below its
confluence with the ella, to and from their
possessions situated north of the boundary
line defined in the preceding article; it being
understood that this passage is to be by navi-
eating the gulf of California and the river Co.
dorado, and not by land, without the express
COlIScHl vi Tic government.
If, by the examinations which may be made,
it should be ascertained to be practicable and
advantageous to construct a road, canal, or
railway, which should in whole or in part
run upon the river ella, or upon lis right or
its left bank, within the space of one marine
league from either margin Of the river, the gov
ernments of both republics will form an agree
ment regarding its construction, in order that
it may serve equally for The use and advan
tage of both countries.
article 7. The river ella, and the part of
the Rio Bravo del Nnrte lying below the
southern boundary of New Mexico. being, a.
greeably to the fifth article, divided in the
middle between the two republics, the naviga-
ton of the ella and of the Bravo below said
boundary shall be free and common 10 the
vessels and citizens of both countries; and
neither shall, without the consent of the other,
construct any work that may impede or inter-
rupt, in whole or in part, the exercise of this
right; not even for the purpose OF favorlng
new methods of navigation. Nor shall any
tax or contribution, under any denomination
or title, be levied upon vessels or persons nav
igating the same, or upon merchandise or Ell
fects transported thereon, except in the case
of landing upon one of their shores. If, for
the purpose of making the said rivers naviga-
BILE, or for maintaining them in such state, it
should be necessary or advantageous to es-
tablsh any tax or contribution, this shall not
be done without the consent of both govern
ments.
The stipulations contained in the present
article shall not impair the territorial rights OF
either republic within its established limits.
AItule 8. Mexicans now established in
territories previously belonging TO Mexico, and
which remain for the future within the limits
of the United States, as defined by the present
treaty, shall be free to continue where they
now reside, or 10 remove at any time 10 the
Mexican republic, retaining the property
which they possess in the said territories, or
disposing thereof, and removing the proceeds
wherever they please, without their being
subjected, on this account, 10 any contrlbu-
ton, tax, or charge whatever
Those who shall prefer to reAain in the
said territories, may either retain the title and
rights of Mexican citizens, or acquire those
of citizens of the United States. But they
shall be under the obligation to make their E.
lection within one year from the date OF the
exchange of ratifcations of this treaty and
those who shall remain in the said territories
after the expiration of that year, without hav-
ing declared their intention to retain the char
acter of Mexlcans, shall be considered to have
elected to become citizens of the United States.
In the said territories, property OF every
kind, now belonging to Mexicans not estab-
lished there, shall be inviolably respected
The present owners, the heirs of these. and
all Mexicans who may hereafter acquire said
property by contract, shall enjoy with respect
to its guarantees equally as if the same belong
ed to citizens of the United States.