Page:Complete history of the late Mexican war.djvu/132

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128
THE TREATY.

or other prisoner shall forfeit so much of the benefit of this article as provides for his liberty on parole or in cantonment. And if an officer so breaking his parole or any common soldier so escaping from the limits assigned him, shall afterward be found in arms, previously to his being regularly exchanged, the person so offending shall be dealt with according to the established laws of war. The officers shall be duly furnished by the party in whose power they are, with as many rations, and of the same articles, as are allowed, ether in kind or by commutation, to officers of equal rank in its own army; and all others shall he daily furnished with such ration as is allowed to a common soldier in its own service; the value of all which supplies shall, at the close of the war, or at periods to be agreed upon between the respective commanders, be paid by the other party, on a mutual adjustment of accounts for the subsistence of prisoners; and such accounts shall not be mingled with or set off against any others, nor the balance due on them withheld, as a compensation or reprisal for any cause whatever, real or pretended. Each party shall be allowed to keep a commissary of prisoners, appointed by itself, with every cantonment of prisoners, in possession of the other; which commissary shall see the prisoners as often as he pleases; shall be allowed to receive, exempt from all duties or taxes, and to distribute, whatever comforts may be sent to them by their friends; and shall be free to transmit his reports in open letters to the party by whom he is employed. And it is declared that neither the pretence that war dissolves all Treaties, nor any other whatever shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided, and during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or Natiions.

ARTICLE XXIII.

This treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof: and by the President of the Mexican Republic with the previous approbation of its General Congress; and the ratifications shall he exchanged in the city of Washington four months from the date of the signature hereof, or sooner if practcable.

In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty of Peace, friendship, limits, and settlement; and have hereunto affixed our seals respectively. Done in Quintuplicate, at the City of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight.

N. P. TRIST. [l. s.]
LUIS G. CUEVAS. [l. s.]
BERNARDO CONTO, [l. s.]
MIG. ATRISTAIN, [l. s.]

Additional and Secret Article of the Treaty of Peace Friendship, Limits and Settlements between the United States of America and the Mexican Republic signed this day by their respective Plenipotentiaries. (Expunged)

In view of the possibility that the exchange of the ratifications of this Treaty may, by the circumnstances in which the Mexican Republic is placed, be delayed longer than the term of four months fixed by its twenty-third article for the exchange of ratifications of the same, it is hereby agreed that such delay shall not, in any manner, affect the force and validity of this Treaty, unless it should exceed the term of eight months, counted from the date of the signature thereof.

This article is to have the same force and virtue as if inserted in the treaty to which this is an addition.

In faith whereof, we, the respective Plenipotentiaries, have signed this additional and secret Article, and have hereunto affixed our seals, respectively. Done in quintuplicate at the City of Guadalupe Hidalgo, on the second day of February, in the year of our Lord one thousand eight hundred and forty-eight.

N. P. TRIST. [l. s.]
LUIS G. CUEVAS. [l. s.]
BERNARDO CONTO, [l. s.]
MIG. ATRISTAIN, [l. s.]