Treaty of Guadalupe Hidalgo - Terms

Terms

Although Mexico ceded Alta California and Santa Fe de Nuevo Mexico, the text of the treaty did not list territories to be ceded, and avoided the disputed issues that were causes of war: the validity of the 1836 secession of the Republic of Texas, Texas's unenforced boundary claims as far as the Rio Grande, and the 1845 Texas Annexation by the US.

Instead, Article V of the treaty simply described the new US–Mexico border. From east to west, the border consisted of the Rio Grande northwest from its mouth to the point Santa Fe de Nuevo Mexico (roughly 32 degrees north), as shown in the Disturnell map, then due west from this point to the 110th meridian west, then north along the 110th Meridian to the Gila River and down the river to its mouth. Unlike the New Mexico segment of the boundary, which depended partly on unknown geography, "in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California", a straight line was drawn from the mouth of the Gila to one marine league south of the southernmost point of the port of San Diego, slightly north of the previous Mexican provincial boundary at Playas de Rosarito.

Comparing the boundary in the Adams–Onís Treaty to the Guadalupe Hidalgo boundary, Mexico conceded about 55% of its pre-war, pre-Texas territorial claims and now has an area of 1,972,550 km² (761,606 sq mi).

In the US, the 1.36 million km² (525,000 square miles) of the area between the Adams-Onis and Guadalupe Hidalgo boundaries outside the 1,007,935 km2 (389,166 sq mi) claimed by the Republic of Texas is known as the Mexican Cession. That is to say, the Mexican Cession is construed not to include any territory east of the Rio Grande, while the territorial claims of the Republic of Texas included no territory west of the Rio Grande. The Mexican Cession included essentially the entirety of the former Mexican territory of Alta California, but only the western portion of Santa Fe de Nuevo Mexico, and includes all of present-day California, Nevada and Utah, most of Arizona, and western portions of New Mexico, Colorado, and Wyoming.

Articles VIII and IX ensured safety of existing property rights of Mexican citizens living in the transferred territories. Despite assurances to the contrary, the property rights of Mexican citizens were often not honored by the U.S. in accordance with modifications to and interpretations of the Treaty. The U.S. also agreed to assume 3.25 million dollars (equivalent to $87.3 million today) in debts that Mexico owed to United States citizens.

The residents could choose whether they wanted American or Mexican citizenship; all but 1000 or so chose American citizenship, which included full voting rights. Article XII engaged the United States to pay, "In consideration of the extension acquired", 15 million dollars (equivalent to $400 million today), in annual installments of 3 million dollars.

Article XI of the treaty was important to Mexico. It provided that the United States would prevent and punish raids by Indians into Mexico, prohibited Americans from acquiring property, including livestock, taken by the Indians in those raids, and stated that the U.S. would return captives of the Indians to Mexico. Mexicans believed that the United States had encouraged and assisted the Comanche and Apache raids that had devastated northern Mexico in the years before the War. This article promised relief to them

Article XI, however, proved unenforceable. Destructive Indian raids continued despite a heavy U.S. presence near the Mexican border. Mexico filed 366 claims with the U.S. government for damages done by Comanche and Apache raids between 1848 and 1853. In 1853, in the Treaty of Mesilla concluding the Gadsen Purchase, Article XI was annulled.

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