A DRAMATIZATION OF THE 1849 DEBATES BETWEEN
September 1st and October 13th
in Monterey, California which resulted in the 
1849 CALIFORNIA CONSTITUTION 　

By
Mimi Lozano
(c) 2022

 

The California Constitutional Convention delegates met in 1849 in Colton Hall, Monterey, and debated from September to October concerning  the benefits and responsibilities of  statehood. 
 Monterey was the capital of Alta California. The Colton Hall, built in 1840, served as a  government meeting house and a public school.  

 After much debate, over Californias’ boundaries, counties, and other issues, the California  Constitution was signed by the delegates on the 13th of October, 1849. 

 
Hubert Howe Bancroft, in describing the convention, stated:  
"Never in the history of the world did a similar convention come together. They were there to form a state out of unorganized territory; out of territory only lately wrested from a subjugated people, who were allowed to assist in framing a constitution in conformity with the political views of the conquerors."
 
. . . . “So the delegates came to Monterey to create a state government, rather than a territorial government, out of a part of the territory ceded by Mexico in the Treaty of Guadalupe Hidalgo, February 2, 1848. They were called together by Bvt. Brigadier General Bennet Riley, U.S.A., and Military Governor of California, whose power to do so was certainly subject to some question. "

Introduction to California statehood   Source: Mark Denger:  http://www.militarymuseum.org/Constitution.html

Yet, the task of forming this state's Constitution was performed by men of almost every walk of life and not one was lacking in talent. Fourteen were lawyers, twelve ranchers, nine merchants, four military men, two printers, two surveyors, two of unknown professions, one banker, one physician, and one man "of elegant leisure."

They came to California from states east of the Mississippi, except one from Oregon, and seven Californians. Six of these men had been in California all of their lives, one most of his life, one for twenty years, two for sixteen years, two for ten years, two for four years and ten for three years. The remainder, thirty-three in number, had been in California for less than three years. Of these, ten were from New York, seven from Missouri, four from Louisiana, three from Maryland, two from New Jersey, two from Virginia, two from Massachusetts, one from Connecticut, one from Illinois, one from Indiana, one from Ohio, one from Pennsylvania, one from Texas, and one from Wisconsin, along with one from France, Scotland and Spain.” 

The Constitution was written in both English and Spanish and provided that all major legislation was to be written in both languages. A year later, on the 9th of September, 1850, California was admitted to the Union,

It was 29 years later on the 7th of May 1879, that full admission of California to the United States was finally ratified. However, the new 1879 United States Constitution, did not represent the original will of the California delegates.  A major change had been made which profoundly affected the Spanish speaking Californianos.  The requirement for all major legislation to be written in both Spanish and English was completely deleted.  Submitting a bilingual document to the Land Office was no longer required. Legal court battles for land and property were only required to be conducted in English,  resulting in terrible losses for the  Spanish speaking residents.

Collaborating with the curriculum staff of the California Santa Ana School District, the following script was approved.  In 2016, the play was performed numerous times as a Reader's Theater by a 3-4th grade class.  In addition, a high school group under the direction of a librarian at the Santa Ana Main Library performed the script as a historical re-enactment at the Orange Country Heritage House in Santa Ana in 2016.

With special thanks to the Colton Hall Museum
City of Monterey, California and the  Santa Ana Unified School District, California

SETTING
The Announcer stands stage right, on the apron. Setting: table center stage, with chairs on both sides of the table. Classroom items (globe, books, blackboard) and an American flag of 1846.　

Next to the Announcer is an easel, on which the important topic under discussion is mounted, dependent on the dates identified by the narrator. The transition is facilitated by a woman in a long skirt and fluffy long-sleeve blouse.  September 4, 5, 12, 22, 24, 26, 27　October 9, 10, 11, 12, 13.

List of Characters in order of appearance:
 Suggestions: characters (not the announcer or interpreter) have name label which can be read from the audience.　 It will emphasize that the decisions for Spanish colonized California were being discussed by non-Hispanics. Only the Carrillo name will display a Spanish connection.　Dress: dark suit, white shirt, BOW-TIE, and vest.　 Hair, plastered down a bit.　Women seated behind the men in bonnets and shawls add to the period.

Except for Semple, who is in poor health wise, all characters should deliver their lines standing. Frances J. Lippitt should be seated at the table with Semple. It will make the transition when Lippert is acting as president smoother. Semple coughs every now and a woman brings Semple a glass of water.

For information on the individuals whose words were recorded and here-in shared, go to Somos Primos http://www.somosprimos.com/sp2010/spnov10/spnov10.htm#1849　　

Announcer
Jose Antonio Carrillo
Interpreter
Henry Hill
Kennith H. Dimmick
Robert B. Semple
W. M. Gwinn
Stephen C. Foster
W. E. Shannon
Edw. Gilbert
Henry A. Tefft
Ch. T. Botts
Frances J. Lippitt
H. W. Halleck
M. M. McGarver
J. M. Jones
Jacob R. Snyder

Posters:
1. Robert B Semple
2. Poster: Allocation of delegates for 10 California Districts
3. Each session to open Prayer
4. Territorial government vs statehood
5. Proceedings to be printed in Spanish and English.]
6. Woman’s Suffrage
7. California Natives Suffrage Rights
8. Permanent seat of Government
9. California Boundaries
10. Effect of possible Mormon future action
11. Public Education
12. Fighting a duel, unconstitutional ]
13. Spanish law and women’s separate property rights
14. Sierra Nevada Eastern Boundary for the State of California
15. October 13, 1849, Bilingual Constitution signed by delegates


 Announcer: Ladies and gentlemen, the Treaty of Guadalupe Hidalgo was signed on the second of February, 1848.　This ended the Mexican American War, conferring complete control to all the lands west of the Mississippi, to the United States government. The Treaty of Guadalupe Hidalgo allowed Spanish/Mexican citizens to keep their properties (with proof of ownership).　 They also had the option to become US citizens, (If they applied).　

In the years 1849 and 1850, United States General Bennet C. Riley commanded the Military Department and exercised the duties of Provincial Governor of Upper California. He was given the task to assist the residents living in California to determine if California was to be a State or a Territory. The election of delegates was held on August 1, 1849.

Elections were held throughout cities in California. Forty-eight delegates from ten districts debated complicated issues. There were thirty-eight delegates who signed the constitution, seven were native Californios and spoke Spanish, the 8th was a native of Spain.　 The convention was conduction in English.　Before voting, each resolution and article was translated into Spanish for the benefit of the eight delegates who spoke only Spanish.　

California's first Constitution was the first constitution in the United States to be written as a bilingual document, Spanish/English.　 Perhaps, making the California constitution unique in the modern world: 
a conquering army respecting the residents, with the inclusion of their language in the constitution.　　

The convention and debate were scheduled to be held throughout September and October.　At 12 o'clock noon on Saturday, September 1, 1849, the Constitution convention opened in Colton Hall, in the town of Monterey. 

The convention actually convened for 43 days, between September 1st and October 13th. We will be looking in on some scenes from the 12 days in which votes were taken on some of the most important issues facing the  forty-eight delegates delegates. Robert B. Semple, a newspaperman was elected to the California State Constitutional Convention. Semple, dealing with poor health, was assisted in that task by Francis Lippett, a veteran of the Mexican American War and Colonel and Brigadier General in the American Civil War.

Tuesday, September 4th [Poster, Robert B Semple] The order of the day was the selection of a President. The 
42 year old Semple, a printer who had lived in California for five years, was elected President by secret ballot.
He accepts the honor graciously.

Semple: While, with an open heart, I feel grateful for the honor conferred upon me, yet I must say that I feel great regret that it has not fallen into abler hands. So far as the duties of the President of this Convention shall devolve upon me, I shall use every effort to perform them with as much moderation as I can, and as nearly as practicable with justice and attention to the right. We are now, fellow citizens, occupying a position to which all eyes are turned. The eyes not only of our sister and parent States are upon us, but the eyes of all Europe are now directed toward California. This is the preliminary movement for the organization of a civil government, and the establishment of social institutions.

It is important, than, that in your proceedings you should use all possible care, discretion, and judgment; and especially that a spirit of compromise should prevail in all your deliberations. It is to be hoped that every feeling of harm will be cherished to the utmost in this convention. By this course, fellow citizens, I am satisfied that we can prove to the world that California has not been settled entirely by unintelligent and unlettered men... Let us, then go onward and upward, and let our motto be "Justice, Industry, and Economy". (APPLAUSE AND CHEERS)

Announcer: Californiano Jose Antonio Carrillo, at 53 years old, was the senior member of the delegates stands to his feet.　Here he is addressing the assembly concerning the number of delegates each of the ten districts should have.　 Counties had not yet been established in California.
[Poster: Allocation of delegates for 10 California Districts] 　

Carrillo: Distinguidos colegas, miembros de la Asemblea del día cuatro de sept. de 1849. Siento no poder hablarles en inglés, pero con su indulgencia mi intérprete puede repetir lo que digo para que lo oigan en su idioma natal. He visto la representación del Sr. Botts y su añadidura y me sorprende que Los Angleles está al mismo nivil que Monterey. Puesto que Los Angleles tiene el doble el número de habitantes. También noto que Santa Barbara no tiene más de tres miembros. Espero que el Sr. Botts cambie lo que propone para que Los Angleles y Santa Barbara tengan el número de representantes al cual tienen derecho. En mi humilde opinión, Santa Barbara debe tener una cantidad igual al número de representantes de Monterey y Los Angeles siete miembros. Gracias por haberme escuchado.

Interpreter: Distinguished colleagues, members of the Assembly of September 4, 1849. I am sorry not to be able to speak to you in English, but with your indulgence, my interpreter may repeat what I say so that you might here it in your natal language. I have seen the presentation of Mr. Botts and his addition, and it surprises me that Los Angeles is on the same level as Monterey. Especially since Los Angeles has twice the number of inhabitants. I also note that Santa Barbara only has three members. I hope that Mr. Botts changes what he proposes so that Los Angeles and Santa Barbara have the number of representatives they are due. In my humble opinion Santa Barbara and Monterey should have the same number of representatives as Los Angeles, seven members. Thank you for having listened to me.
　

Hill: Mr. President, I move that the District of Los Angeles be entitled to seven delegates instead of five; and Santa Barbara five, instead of three.

Dimmick: Do I hear a second? (A SECOND IS HEARD) All in favor, say aye. (UNANIMOUS AYES) So carried.

Announcer: A few more resolutions were offered September 4th.
[Poster: Each session to open with Prayer] One of the more important resolutions was that a committee of three was appointed to call upon the clergy of Monterey, and request them to open this convention each day with a prayer. The Convention was then adjourned until ten o'clock the next morning.

On Wednesday, September 5th: The convention began with a prayer by the Reverend Padre Antonio Ramirez. Then the President and members took the oath to support the Constitution of the U.S. The order of the day was to vote on a resolution proposed by Mr. Gwinn for a select committee to report a plan of the State Constitution for the action of the whole convention. Mr. Gwinn is ' speaking.
[Poster: Territorial government vs statehood]

Gwinn: Mr. President, I do not think there is a member on this floor in favor of a territorial government.

Foster: I beg to differ with the gentleman! Some members are in favor of a territorial government. I, for one, am opposed at present to entering into a state government. My colleague, Senior Carillo, feels strongly...

Carrillo: distritos de California, y yo no creo que sea para el mejor interés de mis constituyentes que el gobierno del estado debe ser formado. Y que al mismo tiempo, como la mayoría de esta Convención parece estar a favor del govierno del estado...

Halleck: Mr. President.

Semple: Yes

Halleck: Delegate Carrillo has given me a statement which I will endeavor to translate. "I, Mr. Carrillo, represent one of the most respectable communities in California, and I do not believe it to be in the best interests of my constituents that a state government should be formed. At the same time, as a majority of this Convention appears to be in favor of a state government, I propose that the country should be divided by running a line East from San Luis Obispo, so that all north of that line might have a state government, and all south thereof a territorial organization. (GENERAL HUBBUB... CRIES: NO, NO! NOT THAT!)　 (Continues) Although a gentleman belonging to this body has stated this morning that it was not the object of the convention to form a constitution for the Californians, I beg leave to say that I consider myself as much an American citizen as the gentleman who made that assertion." (CRIES OF GOOD FOR YOU SENOR CARRILLO...SOME APPLAUSE)

Gwinn: Mr. President, What I said was that the Constitution which we're about to form is for the American population. Because the American population is the majority. But it is for the protection of the minority: The Native Californians. The majority of any community is the party to be governed; they are to be restrained from infringing upon the rights of the minority.　

Carrillo: Estoy satisfecho.　

Halleck: Mr. Carrillo is satisfied.

Announcer:　 On Saturday, two of the sections of the Bill of Rights were passed.　 Twenty-seven year old W.E. Shannon, from Ireland, moved to insert the following:

Shannon: I move that we insert, as an additional section, the following: Neither slavery nor involuntary servitude, unless for the punishment of a crime, shall ever be tolerated in this State.

Announcer:　 It is an honor to the memory of this convention, that the section was adopted unanimously. The approval of that section set forever that California would be a free state.　 Then Shannon continued with another important issue, respect and legitimacy of the Spanish language.
[Poster: Proceedings to be printed in Spanish and English.]

Shannon: Mr. Chairman, I move that a committee of three be appointed to receive proposals for the printing of the proceedings of this Convention in Spanish and in English, with instructions to receive all bids, and to report to the House.　

　

Announcer: The chairman appointed a committee and adjourned the Convention.　 The delegates reassembled on September 12th and debated the very important right of suffrage.[Poster: Woman’s Suffrage]

The section reads as follows: "Every white male citizen of the United States, of any age of twenty-one years, who shall have been a resident of the State for six months next preceding the election, and the County, in which he claims his vote twenty days shall be entitled to vote at all elections which are now, or hereafter may be, authorized by law."　

Gilbert: Mr. Chairman, I move to amend the section as follows: After the words "United States" and before the word "of, insert "and every male citizen of Mexico who shall have elected to become a citizen of the United States, under the treaty of peace, exchanged and ratified at Queretaro"

Announcer: Mr. Gilbert then proceeded to read from the Treaty of Guadalupe Hidalgo, the Peace Treaty, and pointed out that if his amendment was not adopted, the Mexicans would not have the right to vote, as the Treaty did not seem give them that right. At this point, Mr. Botts proposed that the amendment include the word white before the words "male citizen of Mexico." Mr. Gwinn asked Mr. Carrillo if Indians and Africans were entitled to vote under Mexican law.　

Mr. Carrillo replied that according to Mexican law, no race of any kind is excluded from voting.　

Mr. Gwinn then asked if Indians were considered Mexican citizens, and Mr. Carrillo answered that some of the first men in the Republic were of the Indian race. They are still talking about Indians and Mr. Tefft has the floor.
[Poster: California Natives Suffrage Rights]

Tefft: From my earliest youth I have felt something like a reverence for the Indian. I admire their heroic deeds in defense of their homes, their wild eloquence and uncompromising pride. Has not injustice enough already been visited upon the Indian race? They have been driven from one extremity of the land to the other. Shall they now be driven into the waves of the Pacific? Shall we prohibit them from becoming civilized? Surely the prejudice against color does not extend so far! I consider that this native population is better entitled to the right of suffrage than I, or a thousand others who came here but yesterday. (MURMURING OF APPROVAL)

Announcer: Eventually, Mr. Gilbert's amendment — "and every male citizen of Mexico etc — was passed, and a number of other sections passed without debate. Mr. Ch.T. Botts, a 40 year old Attorney at Law, who has made his residence in Monterey for sixteen months spoke.

Botts: I move that no person living in California, who has left his family elsewhere, shall be considered as a resident of California.

Lippett: The Chair recognizes Mr. Halleck.

　

Halleck: (angrily) I would like to know if the persons to whom the gentleman has made reference were not included under the head of "idiots and insane persons" in the 5th section?

Gilbert: I think it rather unfair that a gentleman who enjoys the blessing of having his family here, should be so hard upon those who, like myself, have left theirs at home.

Botts: I really suppose there would not be a dissenting voice to this very plain proposition. As to the difficulty of Mr. Gillbert, I would answer him as others have been answered- We will provide for him in the schedule (LAUGHTER). But seriously, the object of the amendment was to have some guarantee that persons who are to assist in making our laws will remain in the country long enough to be subject to the operation of those laws.

Announcer:　 Objections continued.　 Mr. M.M. McCarver who had been in California for one year stated:

McCarver: I protest against this proposition. It would be very hard if I should after my long residence here be deprived of my right to vote because my family is elsewhere.

Lippett: Mr. Halleck.

Halleck: I think one more provision ought to be introduced — that all single men should be married in three months. (HEARTY LAUGHTER)　

Lippett: All those in favor of Mr. Botts' motion say Aye, opposed, (NO NO). The motion is defeated.　 Convention adjourned.　

Announcer: Saturday, September 22: We join the Convention now on a discussion of the boundaries for the state.
[Poster: California Boundaries]
The Boundary Committee about a week ago gave the Northern boundary of Oregon; the southern boundary of Mexico; the western boundary of the Pacific Ocean; and the eastern boundary as a line on the eastern slope of the Sierra Nevadas.　

Gilbert: I believe that the boundary of the State of California should include all that tract of country from New Mexico to the Pacific, including the Great Salt Lake.　

Gwinn: Mr. Chairman.　　

Lippett: Yes. Mr. Gwinn

Gwinn: I look upon it as a matter of great importance that the boundary should include the entire territory so that there could be no question hereafter.
[Effect of possible Mormon future action]
It is true that this proposition embraces an immense unexplored region; that it brings in the Mormon settlement on the Salt Lake. But the Mormons have already applied for a government, and if they do not desire to remain in the State of California, it is very easy for them to form a separate government.

Shannon: Mr. Chairman, I am opposed to Mr. Gwinn's amendment, and I support the Committee's boundaries, with the eastern boundary being along the crest of the Sierra Nevada. I consider that it is indispensably necessary that we should have more fixed limits to the new State of California. This is an immense territory which the gentlemen proposes to include. The northeastern portion of it is, as the gentleman states, settled now by a large population of people, whose religious tenets certainly form a great barrier to their introduction among the people of California. They will say: We had no hand in forming this Constitution which you endeavor to force upon us, and we will not submit to it.

Lippett: Mr Gwinn.

Gwinn: As this is a very important question, I propose that the subject be laid aside, and that the Secretary be directed to prepare copies of the amendments to be laid before the members, so that when the subject comes up again we may be prepared to act upon it.　　

Lippett: I would entertain a motion that the Convention be adjourned until 10 o'clock Monday next.　

Halleck: I so move. (A SECOND AND AYES)

Lippett: (POUND THE GAVEL) The Convention is now adjourned.

Announcer: Monday September 24, After some verbal amendments made by Mr. Shannon and Mr. Gwinn on their amendments, the debate waxed heavy on the question of the boundary for the entire day and night session, the Convention voted to establish the eastern boundary of the State at the Territory of New Mexico. Then Mr. Semple brought up a new subject.

Semple: Do I hear a motion that we form the Committee of the Whole for the debate on Article VIII on education?　　[Poster: Public Education]

Voice: I so move. (SECOND AND AYES)

Semple: Done.

Announcer: The first section concerning the election of a Superintendent of Public Instruction by the people was passed without debate. Then Mr McCarver read the second section.,

McCarver: The Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvements. The money raised from land grants, etc. shall remain a perpetual fund for the support of public schools throughout the state. Provided that the Legislature may, if the exigencies of the State require it, appropriate these monies designated for education to other purposes.

　

Lippett: Mr. Botts

Botts: I move to strike out the proviso. It seems to me to be inconsistent with the previous portion of the section. In one part you say that the proceeds of these lands shall be inviolably appropriated to the support of public schools. Yet, then turn around and say, provided the Legislature shall not enact laws to the contrary. Either the first clause or the last should be stricken out. I cannot see how a friend of this school fund could vote for this proviso.

Lippett: Mr Semple.

Semple: There cannot be too large a fund for educational purposes. Why should we send our sons to Europe to finish their education? If we have the means here we can procure the necessary talent; we can bring the President of Oxford University here by offering a sufficient salary. We should therefore carefully provide that this fund shall be used for no other purpose. Education, Sir, is the foundation of republican institutions.

Lippett: Mr. Jones.

Jones: I think the proviso should be retained. There are but few children here now, and it is not probable the number will be great for some time to come.

Botts: Does the gentleman propose that we, who have children, shall wait until he and all others who have none shall procure such appendages?

Jones: Not at all, Sir.

Lippett: Could we vote on Mr. Botts' amendment that the proviso be stricken out. Is there any more debate on the subject? (YES, YES ETC) All in favor that the proviso permitting money allotted to school funds be spent for things other than schools be stricken out, say aye. (CHORUS OF AYES). Opposed; The proviso is ordered out.

Announcer: Wednesday, September 26:
[Poster: Permanent seat of Government] In the evening session so far the article on the Judiciary has been passed and laid on the table. We now rejoin this session of the Convention; Mr. Lippett is speaking...

Lippett: We will now hear the report of the Committee on the Constitution as relates to "Miscellaneous Provisions." The first section being under consideration, as follows: "The first session of the Legislature shall be held in the Pueblo de San Jose, which place shall be permanent seat of Government until removed by law.

Announcer: The location for the first session of the California Legislature to be held was greatly debated. In addition to San Jose, Monterey, San Francisco, San Luis Obispo, Stockton,　　 Mr. Carrillo suggested Santa Barbara.

Carrillo:  En este momento se discute un asunto de sumo interés a saber el emplazamiento de la capital de California. No creo que pudiera elegir mejor lugar que Santa Barbara. Tanto por su localización privilegiada como por su clima tan saludable. Espero que la Convención tome en consideración estás ventajas al tomar su decisión.

Interpreter:　 You are now debating a very interesting question — where the capitol of California should be. I do not believe you can fix upon a more eligible place than Santa Barbara, both because of its eligible position and salubrity of climate. I hope the Convention will take its advantages into consideration.　　

(CRIES OF LETS VOTE, ETC)　 Voices: Let's vote on Mr. Bott's amendment, etc. Call for the question.　

Lippett: Those in favor of Mr. Bott's amendment that the first meeting of the Legislature be held in Monterey please say aye (SOME STRONG AYE) Opposed (MAJORITY OF NO'S)

Announcer:　 In spite of the impassioned suggestions, all suggestions were defeated.　 It was determined by vote, the meeting of the first Legislature was to be held in San Jose.

　

Announcer: Thursday, September 27, Mr. Shannon is Chairman of the Committee on Miscellaneous Provisions.
[Poster: Fighting a duel, unconstitutional ]

Botts: I shall read the second section of the article on Miscellaneous Provisions: Any citizen of the State who shall, fight a duel with deadly weapons or send or accept a challenge to fight a duel with deadly weapons, with a citizen of this State, or who shall act as second, or knowingly aid or assist in any manner those so offending, shall be deprived of holding any office of profit, and of enjoying the right of suffrage under this Constitution.　

Tefft: No clause that you can introduce in the constitution will prevent a man from fighting a duel, if it be in defense of his honor. If we had in the Constitution of the United States a clause like this, Hamilton, Randolph, Clay and Benton would have been dropped from the roll of American Statesmen.　

Semple: Duelling itself is, so far as I am individually concerned, unconstitutional. My Constitution forbids it, and I have resolved never to fight a duel if I can honorably get out of it. Now I have an instinctive dread of death. I dislike the idea of dying; but give me my choice, whether I shall be branded with infamy, prohibited from holding any office I should choose death in preference. I would dislike very much to fight a duel, because I might be killed.　

Announcer:　 The article was adopted, making dueling illegal.　 One more major issue included in the thirteenth section of Miscellaneous Provisions deals with women's property rights.　
[Poster: Spanish law and women’s separate property rights]

Spanish law sanctions women's personal and separate property. It was not a concept easily grasped by many of the delegates.　The arguments against inclusion in the constitution was that it should be formed in the legislature.　 Mr. Shannon speaks:

Shannon: Sec. 13. All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, demise or descent, shall be her separate property, and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.　

Tefft:　 "I say that we have not only the right to embrace a provision of this kind in our constitution, but it is our duty. I do contend, Sir, that every wife has a right, a positive right, to the entire control of her private and personal property.　 The industrious businessman., with his frugal wife, is not in any way affected by it; but if an idle, dissipated, visionary, or impractical man brings his family to penury and want, than I say it is our duty to put this provision in the Constitution for the protection of that family who are helpless, and who have no other means of subsistence... I trust, in consideration for the native population of California, who always have lived under this system , that it will become a part of our fundamental law.

Jones: I am not wedded either to the common law or the civil law, nor as yet to a woman, but having some hopes that some time or other I may be wedded, and I shall advocate this section of the Constitution, and I would call upon all the bachelors in this convention to vote for it. I do not think we can offer a greater inducement for Women of fortune to come to California. It is the very best provision to get us wives that we can introduce into the Constitution.

Botts: I object to this clause, and I shall vote no to expunge it altogether from the Constitution. I object to it on the general principle so often avowed in this Convention, that it is a Legislative enactment, but I also object because I think it is radically wrong. Sir, the God of nature made woman frail, lovely, and dependent; and such the common law pronounces her. Nature did what the common law has done— put her under the protection of man; and it is the object of this clause to withdraw her from that protection of the law. I say, Sir, the husband will take better care of the wife, provide for her better and protect her better, than the law. He who would not let the winds of heaven too rudely touch her, is her best protector. When she trusts him with her happiness, she may well trust him with her gold... This proposition, I believe, is calculated to produce dissention and strife in families. The only despotism of the husband... This doctrine of women's rights, is the doctrine of those mental hermaphrodites, Abby Folsom, Fanny Wright and the rest of that tribe.　 I entreat, Sir, that no such clause may be put in this Constitution.　

Shannon: Mr. Halleck

Halleck: It will be remembered that this section proposed in the Constitution is, and always has been, the law of this country. When we propose, therefore, to put it in the constitution, we are not stepping upon untried ground. For this reason, I am in favor of making it a Constitutional provision. I believe that it is essentially necessary that the wife's property should be protected. I expect myself, Sir, at some future time to take myself a wife. She may be possessed of some little property, and I am not sure but that if it is not secured to her, I may squander it.

Are we prepared to vote on it? (YES YES) The first vote is on Mr. Lippett's　 amendment. That laws securing the property rights of the wife should be formed in the legislature, not in this constitution. All in favor, say aye. No (OVERWHELMING NO VOTE)!

All in favor of the section as reported by Committee, That the property rights of the wife belongs in this constitution, say aye. (OVERWHELMING AYE VOTE). So carried.　　

Announcer: Having done right by the women folk of California, on October 9th, the Convention moved on to the still unresolved issue of California boundaries.
[Poster: Mormon Territory issues]
The Gwinn-Halleck amendment and proviso included the Mormon Territory.　 Unexpectedly, it won by a close vote.　 It resulted in much confusion, adding to it was Mr. McCarver, a 42 year old farmer who had lived in Sacramento for a year. . he said . . .　　　

McCarver:　 "We have done enough mischief!　 I move we adjourn, sine die!

Announcer: The young Irishman Shannon rose to his feet, shouting:

Shannon:　 I give notice that I will file a protest against this vote. Rest assured that the thirty-nine thousand emigrants coming across the Sierra Nevada will NEVER sanction this Constitution if you include the Mormons.

Snyder: Your Constitution is gone! Your Constitution is gone! (CRIES OF ORDER! ORDER! FROM ALL PARTS OF THE HOUSE. AND THE CONSTITUTION IS LOST)

Announcer: The assembly did not calm down until Mr. McCarver withdrew his motion to adjourn, sine die, which means without assigning a day for a further meeting or hearing.　 The meeting was then quietly adjourned until the next morning, October 10, 1849.　　

Although for a few days there was still considerable discussion and division, October 11, a vote was taken on a proposal by Mr. J. M. Jones.　 Mr. Jones, was a twenty-four a year old attorney from Kentucky, who had been in California four months.　　
[Poster: Sierra Nevada Eastern Boundary for the State of California]

Semple: You have heard the motion. The approval of the first part of Mr. Jones' proposal means that eastern boundary line for the State of California will be at the Sierra Nevada line.　　
All in favor (A MAJORITY OF AYES) So carried. (BANG THE GRAVEL AND CHEERS AND CLAPPING.)

Announcer: Friday, October 12, 1849　

Halleck: Mr. Chairman.

Semple: Yes, Mr. Halleck.

Halleck: I move that a committee of three be appointed to transmit a copy of the Constitution of the State of California to General Riley, acting Governor of California, with an accompanying letter signed by the President of this body, requesting to the Governor to forward the same to the President of the United States by the earliest opportunity.

Semple: You have heard the motion—all in favor? (ALL AYES) So done. I appoint Mr. Halleck, Mr. Lippett, and General McCarver to the committee. I would like announce to the Convention that I have received official notice from General Riley that a national salute will be fired by his order, on the signing of the Constitution adopted by this Convention. The Convention is adjourned until tomorrow morning.

Announcer: Saturday, October 13, 1849, the delegates recommended that a thank you be sent to General Riley "for the kindness and courtesy which has marked his intercourse, private and official, with the members of the body."　 In addition, a thank you be sent to the trustees of Colton Hall for the use of the building.　 The final act by a sub-committee completed.

Shannon:　 Your Committee appointed to prepare an address to the People of California　 has completed its task, and I would like to present that address to the Convention at this time.　Plus that the thanks of this convention be presented to the Honorable Robert Semple, for the faithful and impartial manner in which he has discharged the arduous and responsible duties of the chair, and that in retiring, he carries with him the " best wishes of this convention.　

Announcer: The address was unanimously adopted.　(AYES. AYES.)

Poster: October 13, 1849, Bilingual Constitution signed.

Semple: I move that we now sign the enrolled Constitution.　 (MEN GATHER AROUND AND SIGN THE DOCUMENT.　 SEMPLE HAS MOVED TO THE FRONT OF THE TABLE. THE MEN STANDING　 EACH SIDE OF SEMPLE, chatting quietly with each other. )　

Semple: Gentleman of the Convention, I would be remiss if I did not address a few remarks to you. I wish to take this opportunity before we go our separate ways to thank you for the honor you have done me in selecting me as your President; furthermore, I wish to thank you for the courtesy you exhibited to myself and all the members of the Convention, and finally, I want to wish you a safe and speedy return to your homes.　

(A BIT OF HAND CLAPPING).　
McCarver: Mr. President, I move the Convention be adjourned.

Semple: It is done! (TURNS AROUND AND BANGS THE GAVEL. A BIT OF SUBDUED CHEERING, SHAKING HANDS.　THE MEMBERS OF THE CONVENTION GATHER UP PAPERS, AND START WALKING OUT OF COLTON HALL IN PAIRS, SINGLY AND IN BUNCHES.

THE ANNOUNCER BANGS THE GAVEL TWICE, EVERYONE FREEZES. ANNOUNCER CONCLUDES WITH THE FOLLOWING:　　

Announcer or entire cast in unison: 
The 1849 Constitution thus framed was ratified by the people of California at an election held on November 13, 1849. 

This Constitution served the state both before and after its admission into the union, serving as the basis of government for the State of California until 1879 when a new state constitution was adopted.

CAST WALKS TO FRONT OF STAGE, BOW TOGETHER AND EXITS.  

 

 

TREATY WITH MEXICO (February 2, 1848)

[By the Louisiana Purchase, Texas had become a part of the United States; but in 1819 it had been ceded to Spain in the negotiations for Florida. Two years later Mexico, including Texas, had become independent, and the United States made two unsuccessful attempts to purchase Texas from Mexico. The settlement of Texas by immigrants from the United States finally led to the secession of Texas and its annexation by the United States, with the result that the Mexican War broke out in May, 1846. It was closed by this treaty, by which the United States gained not only Texas but New Mexico and Upper California.]

TREATY OF PEACE, FRIENDSHIP, LIMITS, AND SETTLEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED MEXICAN STATES CONCLUDED AT GUADALUPE HIDALGO, FEBRUARY 2, 1848; RATIFICATION ADVISED BY SENATE, WITH AMENDMENTS, MARCH 10, 1848; RATIFIED BY PRESIDENT, MARCH 16, 1848; RATIFICATIONS EXCHANGED AT QUERETARO, MAY 30, 1848; PROCLAIMED, JULY 4, 1848.

IN THE NAME OF ALMIGHTY GOD
The United States of America and the United Mexican States animated by a sincere desire to put an end to the calamities of the war which unhappily exists between the two Republics and to establish Upon a solid basis relations of peace and friendship, which shall confer reciprocal benefits upon the citizens of both, and assure the concord, harmony, and mutual confidence wherein the two people should live, as good neighbors have for that purpose appointed their respective plenipotentiaries, that is to say: The President of the United States has appointed Nicholas P Trist, a citizen of the United States, and the President of the Mexican Republic has appointed Don Luis Gonzaga Cuevas, Don Bernardo Couto, and Don Miguel Atristain, citizens of the said Republic; Who, after a reciprocal communication of their respective full powers, have, under the protection of Almighty God, the author of peace, arranged, agreed upon, and signed the following:

Treaty of Peace, Friendship, Limits, and Settlement between the United States of America and the Mexican Republic.

ARTICLE I

There shall be firm and universal peace between the United States of America and the Mexican Republic, and between their respective countries, territories, cities, towns, and people, without exception of places or persons.

ARTICLE II

Immediately upon the signature of this treaty, a convention shall be entered into between a commissioner or commissioners appointed by the General-in-chief of the forces of the United States, and such as may be appointed by the Mexican Government, to the end that a provisional suspension of hostilities shall take place, and that, in the places occupied by the said forces, constitutional order may be reestablished, as regards the political, administrative, and judicial branches, so far as this shall be permitted by the circumstances of military occupation.

ARTICLE III

Immediately upon the ratification of the present treaty by the Government of the United States, orders shall be transmitted to the commanders of their land and naval forces, requiring the latter (provided this treaty shall then have been ratified by the Government of the Mexican Republic, and the ratifications exchanged) immediately to desist from blockading any Mexican ports and requiring the former (under the same condition) to commence, at the earliest moment practicable, withdrawing all troops of the United State then in the interior of the Mexican Republic, to points that shall be selected by common agreement, at a distance from the seaports not exceeding thirty leagues; and such evacuation of the interior of the Republic shall be completed with the least possible delay; the Mexican Government hereby binding itself to afford every facility in i~ power for rendering the same convenient to the troops, on their march and in their new positions, and for promoting a good understanding between them and the inhabitants. In like manner orders shall be dispatched to the persons in charge of the custom houses at all ports occupied by the forces of the United States, requiring them (under the same condition) immediately to deliver possession of the same to the persons authorized by the Mexican Government to receive it, together with all bonds and evidences of debt for duties on importations and on exportations, not yet fallen due. Moreover, a faithful and exact account shall be made out, showing the entire amount of all duties on imports and on exports, collected at such custom-houses, or elsewhere in Mexico, by authority of the United States, from and after the day of ratification of this treaty by the Government of the Mexican Republic; and also an account of the cost of collection; and such entire amount, deducting only the cost of collection, shall be delivered to the Mexican Government, at the city of Mexico, within three months after the exchange of ratifications.

The evacuation of the capital of the Mexican Republic by the troops of the United States, in virtue of the above stipulation, shall be completed in one month after the orders there stipulated for shall have been received by the commander of said troops, or sooner if possible.

ARTICLE IV

Immediately after the exchange of ratifications of the present treaty all castles, forts, territories, places, and possessions, which have been taken or occupied by the forces of the United States during the present war, within the limits of the Mexican Republic, as about to be established by the following article, shall be definitely restored to the said Republic, together with all the artillery, arms, apparatus of war, munitions, and other public property, which were in the said castles and forts when captured, and which shall remain there at the time when this treaty shall be duly ratified by the Government of the Mexican Republic. To this end, immediately upon the signature of this treaty, orders shall be des patched to the American officers commanding such castles and forts, securing against the removal or destruction of any such artillery, arms, apparatus of war, munitions, or other public property. The city of Mexico, within the inner line of entrenchments surrounding the said city, is comprehended in the above stipulation, as regards the restoration of artillery, apparatus of war, & c.

The final evacuation of the territory of the Mexican Republic, by the forces of the United States, shall be completed in three months -from the said exchange of ratifications, or sooner if possible; the Mexican Government hereby engaging, as in the foregoing article to use all means in its power for facilitating such evacuation, and rendering it convenient to the troops, and for promoting a good understanding between them and the inhabitants.

If, however, the ratification of this treaty by both parties should not take place in time to allow the embarkation of the troops of the United States to be completed before the commencement of the sickly season, at the Mexican ports on the Gulf of Mexico, in such case a friendly arrangement shall be entered into between the General-in-Chief of the said troops and the Mexican Government, whereby healthy and otherwise suitable places, at a distance from the ports not exceeding thirty leagues, shall be designated for the residence of such troops as may not yet have embarked, until the return 1i of the healthy season. And the space of time here referred to as, comprehending the sickly season shall be understood to extend from the first day of May to the first day of November.

All prisoners of war taken on either side, on land or on sea, shall be restored as soon as practicable after the exchange of ratifications of this treaty. It is also agreed that if any Mexicans should now be held as captives by any savage tribe within the limits of the United States, as about to be established by the following article, the Government of the said United States will exact the release of such captives and cause them to be restored to their country.

ARTICLE V

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 Rio 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, following 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 boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or 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 a direct line to the same); thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in the article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities. Revised edition. Published at New York, in 1847, by J. Disturnell," of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries,. And, in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific 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 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective Plenipotentiaries.

In order to designate the boundary line with due precision, upon authoritative maps, and to establish upon the ground land-marks which shall show the limits of both republics, as described in the present article, the two Governments shall each appoint a commissioner and a surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at 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 make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

The boundary line established by this article shall be religiously 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 conformity with its own constitution.

ARTICLE VI

The vessels and citizens of the United States shall, in all time, have a free and uninterrupted passage by the Gulf of California, and by the river Colorado below its confluence with the Gila, 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 navigating the Gulf of California and the river Colorado, and not by land, without the express consent of the Mexican 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 Gila, or upon its right or its left bank, within the space of one marine league from either margin of the river, the Governments of both republics will form an agreement regarding its construction, in order that it may serve equally for the use and advantage of both countries.

ARTICLE VII

The river Gila, and the part of the Rio Bravo del Norte lying below the southern boundary of New Mexico, being, agreeably to the fifth article, divided in the middle between the two republics, the navigation of the Gila and of the Bravo below said boundary shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation. Nor shall any tax or contribution, under any denomination or title, be levied upon vessels or persons navigating the same or upon merchandise or effects transported thereon, except in the case of landing upon one of their shores. If, for the purpose of making the said rivers navigable, or for maintaining them in such state, it should be necessary or advantageous to establish any tax or contribution, this shall not be done without the consent of both Governments.

The stipulations contained in the present article shall not impair the territorial rights of either republic within its established limits.

ARTICLE VIII

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 to remove at any time to 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, to any contribution, tax, or charge whatever.

Those who shall prefer to remain 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 election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, 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 established 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 it guarantees equally ample as if the same belonged to citizens of the United States.

ARTICLE IX

The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States. and be admitted at the proper time (to be judged of by the Congress of the United States) to the enjoyment of all the rights of citizens of the United States, according to the principles of the Constitution; and in the mean time, shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without; restriction.

ARTICLE X

[Stricken out by the United States Amendments] See Below for the Text of this Article

Article XI

Considering that a great part of the territories, which, by the present treaty, are to be comprehended for the future within the limits of the United States, is now occupied by savage tribes, who will hereafter be under the exclusive control of the Government of the United States, and whose incursions within the territory of Mexico would be prejudicial in the extreme, it is solemnly agreed that all such incursions shall be forcibly restrained by the Government of the United States whensoever this may be necessary; and that when they cannot be prevented, they shall be punished by the said Government, and satisfaction for the same shall be exacted all in the same way, and with equal diligence and energy, as if the same incursions were meditated or committed within its own territory, against its own citizens.

It shall not be lawful, under any pretext whatever, for any inhabitant of the United States to purchase or acquire any Mexican, or any foreigner residing in Mexico, who may have been captured by Indians inhabiting the territory of either of the two republics; nor to purchase or acquire horses, mules, cattle, or property of any kind, stolen within Mexican territory by such Indians.

And in the event of any person or persons, captured within Mexican territory by Indians, being carried into the territory of the united States, the Government of the latter engages and binds itself, in the most solemn manner, so soon as it shall know of such captives being within its territory, and shall be able so to do, through the faithful exercise of its influence and power, to rescue them and return them to their country. or deliver them to the agent or representative of the Mexican Government. The Mexican authorities will, as far as practicable, give to the Government of the United States notice of such captures; and its agents shall pay the expenses incurred in the maintenance and transmission of the rescued captives; who, in the mean time, shall be treated with the utmost hospitality by the American authorities at the place where they may be. But if the Government of the United States, before receiving such notice from Mexico, should obtain intelligence, through any other channel, of the existence of Mexican captives within its territory, it will proceed forthwith to effect their release and delivery to the Mexican agent, as above stipulated.

For the purpose of giving to these stipulations the fullest possible efficacy, thereby affording the security and redress demanded by their true spirit and intent, the Government of the United States will now and hereafter pass, without unnecessary delay, and always vigilantly enforce, such laws as the nature of the subject may require. And, finally, the sacredness of this obligation shall never be lost sight of by the said Government, when providing for the removal of the Indians from any portion of the said territories, or for its being settled by citizens of the United States; but, on the contrary, special care shall then be taken not to place its Indian occupants under the necessity of seeking new homes, by committing those invasions which the United States have solemnly obliged themselves to restrain.

ARTICLE XII

In consideration of the extension acquired by the boundaries of the United States, as defined in the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican Republic the sum of fifteen millions of dollars.

Immediately after the treaty shall have been duly ratified by the Government of the Mexican Republic, the sum of three millions of dollars shall be paid to the said Government by that of the United States, at the city of Mexico, in the gold or silver coin of Mexico The remaining twelve millions of dollars shall be paid at the same place, and in the same coin, in annual installments of three millions of dollars each, together with interest on the same at the rate of six per centum per annum. This interest shall begin to run upon the whole sum of twelve millions from the day of the ratification of the present treaty by--the Mexican Government, and the first of the installments shall be paid-at the expiration of one year from the same day. Together with each annual installment, as it falls due, the whole interest accruing on such installment from the beginning shall also be paid.

ARTICLE XIII

The United States engage, moreover, to assume and pay to the claimants all the amounts now due them, and those hereafter to become due, by reason of the claims already liquidated and decided against the Mexican Republic, under the conventions between the two republics severally concluded on the eleventh day of April, eighteen hundred and thirty-nine, and on the thirtieth day of January, eighteen hundred and forty-three; so that the Mexican Republic shall be absolutely exempt, for the future, from all expense whatever on account of the said claims.

ARTICLE XIV

The United States do furthermore discharge the Mexican Republic from all claims of citizens of the United States, not heretofore decided against the Mexican Government, which may have arisen previously to the date of the signature of this treaty; which discharge shall be final and perpetual, whether the said claims be rejected or be allowed by the board of commissioners provided for in the following article, and whatever shall be the total amount of those allowed.

ARTICLE XV

The United States, exonerating Mexico from all demands on account of the claims of their citizens mentioned in the preceding article, and considering them entirely and forever canceled, whatever their amount may be, undertake to make satisfaction for the same, to an amount not exceeding three and one-quarter millions of dollars. To ascertain the validity and amount of those claims, a . board of commissioners shall be established by the Government of the United States, whose awards shall be final and conclusive; provided that, in deciding upon the validity of each claim, the boa shall be guided and governed by the principles and rules of decision prescribed by the first and fifth articles of the unratified convention, concluded at the city of Mexico on the twentieth day of November, one thousand eight hundred and forty-three; and in no case shall an award be made in favour of any claim not embraced by these principles and rules.

If, in the opinion of the said board of commissioners or of the claimants, any books, records, or documents, in the possession or power of the Government of the Mexican Republic, shall be deemed necessary to the just decision of any claim, the commissioners, or the claimants through them, shall, within such period as Congress may designate, make an application in writing for the same, addressed to the Mexican Minister of Foreign Affairs, to be transmitted by the Secretary of State of the United States; and the Mexican Government engages, at the earliest possible moment after the receipt of such demand, to cause any of the books, records, or documents so specified, which shall be in their possession or power (or authenticated copies or extracts of the same), to be transmitted to the said Secretary of State, who shall immediately deliver them over to the said board of commissioners; provided that no such application shall be made by or at the instance of any claimant, until the facts which it is expected to prove by such books, records, or documents, shall have been stated under oath or affirmation.

ARTICLE XVI

Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.

ARTICLE XVII

The treaty of amity, commerce, and navigation, concluded at the city of Mexico, on the fifth day of April, A. D. 1831, between the United States of America and the United Mexican States, except the additional article, and except so far as the stipulations of the said treaty may be incompatible with any stipulation contained in the present treaty, is hereby revived for the period of eight years from the day of the exchange of ratifications of this treaty, with the same force and virtue as if incorporated therein; it being understood that each of the contracting parties reserves to itself the right, at any time after the said period of eight years shall have expired, to terminate the same by giving one year's notice of such intention to the other party.

ARTICLE XVIII

All supplies whatever for troops of the United States in Mexico, arriving at ports in the occupation of such troops previous to the final evacuation thereof, although subsequently to the restoration o~ the custom-houses at such ports, shall be entirely exempt from duties and charges of any kind; the Government of the United States hereby engaging and pledging its faith to establish and vigilantly to enforce, all possible guards for securing the revenue of Mexico, by preventing the importation, under cover of this stipulation, of any articles other than such, both in kind and in quantity, as shall really be wanted for the use and consumption of the forces of the United States during the time they may remain in Mexico. To this end it shall be the duty of all officers and agents of the United States to denounce to the Mexican authorities at the respective ports any attempts at a fraudulent abuse of this stipulation, which they may know of, or may have reason to suspect, and to give to such authorities all the aid in their power with regard thereto; and every such attempt, when duly proved and established by sentence of a competent tribunal, They shall be punished by the confiscation of the property so attempted to be fraudulently introduced.

ARTICLE XIX

With respect to all merchandise, effects, and property whatsoever, imported into ports of Mexico, whilst in the occupation of the forces of the United States, whether by citizens of either republic, or by citizens or subjects of any neutral nation, the following rules shall be observed:

(1) All such merchandise, effects, and property, if imported previously to the restoration of the custom-houses to the Mexican authorities, as stipulated for in the third article of this treaty, shall be exempt from confiscation, although the importation of the same be prohibited by the Mexican tariff.

(2) The same perfect exemption shall be enjoyed by all such merchandise, effects, and property, imported subsequently to the restoration of the custom-houses, and previously to the sixty days fixed in the following article for the coming into force of the Mexican tariff at such ports respectively; the said merchandise, effects, and property being, however, at the time of their importation, subject to the payment of duties, as provided for in the said following article.

(3) All merchandise, effects, and property described in the two rules foregoing shall, during their continuance at the place of importation, and upon their leaving such place for the interior, be exempt from all duty, tax, or imposts of every kind, under whatsoever title or denomination. Nor shall they be there subject to any charge whatsoever upon the sale thereof. (4) All merchandise, effects, and property, described in the first and second rules, which shall have been removed to any place in the interior, whilst such place was in the occupation of the forces of the United States, shall, during their continuance therein, be exempt from all tax upon the sale or consumption thereof, and from every kind of impost or contribution, under whatsoever title or denomination.

(5) But if any merchandise, effects, or property, described in the first and second rules, shall be removed to any place not occupied at the time by the forces of the United States, they shall, upon their introduction into such place, or upon their sale or consumption there, be subject to the same duties which, under the Mexican laws, they would be required to pay in such cases if they had been imported in time of peace, through the maritime custom-houses, and had there paid the duties conformably with the Mexican tariff.

(6) The owners of all merchandise, effects, or property, described in the first and second rules, and existing in any port of Mexico, shall have the right to reship the same, exempt from all tax, impost, or contribution whatever.

With respect to the metals, or other property, exported from any Mexican port whilst in the occupation of the forces of the United States, and previously to the restoration of the custom-house at such port, no person shall be required by the Mexican authorities, whether general or state, to pay any tax, duty, or contribution upon any such exportation, or in any manner to account for the same to the said authorities.

ARTICLE XX

Through consideration for the interests of commerce generally, it is agreed, that if less than sixty days should elapse between the date of the signature of this treaty and the restoration of the custom houses, conformably with the stipulation in the third article, in such case all merchandise, effects and property whatsoever, arriving at the Mexican ports after the restoration of the said custom-houses, and previously to the expiration of sixty days after the day of signature of this treaty, shall be admitted to entry; and no other duties shall be levied thereon than the duties established by the tariff found in force at such custom-houses at the time of the restoration of the same. And to all such merchandise, effects, and property, the rules established by the preceding article shall apply.

ARTICLE XXI

If unhappily any disagreement should hereafter arise between the Governments of the two republics, whether with respect to the interpretation of any stipulation in this treaty, or with respect to any other particular concerning the political or commercial relations of the two nations, the said Governments, in the name of those nations, do promise to each other that they will endeavour, in the most sincere and earnest manner, to settle the differences so arising, and to preserve the state of peace and friendship in which the two countries are now placing themselves, using, for this end, mutual representations and pacific negotiations. And if, by these means, they should not be enabled to come to an agreement, a resort shall not, on this account, be had to reprisals, aggression, or hostility of any kind, by the one republic against the other, until the Government of that which deems itself aggrieved shall have maturely considered, in the spirit of peace and good neighbourship, whether it would not be better that such difference should be settled by the arbitration of commissioners appointed on each side, or by that of a friendly nation. And should such course be proposed by either party, it shall be acceded to by the other, unless deemed by it altogether incompatible with the nature of the difference, or the circumstances of the case.

ARTICLE XXII

If (which is not to be expected, and which God forbid) war should unhappily break out between the two republics, they do now, with a view to such calamity, solemnly pledge themselves to each other and to the world to observe the following rules; absolutely where the nature of the subject permits, and as closely as possible in all cases where such absolute observance shall be impossible:
(1) The merchants of either republic then residing in the other shall be allowed to remain twelve months (for those dwelling in the interior), and six months (for those dwelling at the seaports) to collect their debts and settle their affairs; during which periods they shall enjoy the same protection, and be on the same footing, in all respects, as the citizens or subjects of the most friendly nations; and, at the expiration thereof, or at any time before, they shall have full liberty to depart, carrying off all their effects without molestation or hindrance, conforming therein to the same laws which the citizens or subjects of the most friendly nations are required to conform to. Upon the entrance of the armies of either nation into the territories of the other, women and children, ecclesiastics, scholars of every faculty, cultivators of the earth, merchants, artisans, manufacturers, and fishermen, unarmed and inhabiting unfortified towns, villages, or places, and in general all persons whose occupations are for the common subsistence and benefit of mankind, shall be allowed to continue their respective employments, unmolested in their persons. Nor shall their houses or goods be burnt or otherwise destroyed, nor their cattle taken, nor their fields wasted, by the armed force into whose power, by the events of war, they may happen to fall; but if the necessity arise to take anything from them for the use of such armed force, the same shall be paid for at an equitable price. All churches, hospitals, schools, colleges, libraries, and other establishments for charitable and beneficent purposes, shall be respected, and all persons connected with the same protected in the discharge of their duties, and the pursuit of their vocations.

(2) . -In order that the fate of prisoners of war may be alleviated all such practices as those of sending them into distant, inclement or unwholesome districts, or crowding them into close and noxious places, shall be studiously avoided. They shall not be confined in dungeons, prison ships, or prisons; nor be put in irons, or bound or otherwise restrained in the use of their limbs. The officers shall enjoy liberty on their paroles, within convenient districts, and have comfortable quarters; and the common soldiers shall be dispose( in cantonments, open and extensive enough for air and exercise and lodged in barracks as roomy and good as are provided by the party in whose power they are for its own troops. But if any office shall break his parole by leaving the district so assigned him, o any other prisoner shall escape from the limits of his cantonment after they shall have been designated to him, such individual, officer, 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 any officer so breaking his parole or any common soldier so escaping from the limits assigned him, shall afterwards 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 daily furnished, by the party in whose power they are, with as many rations, and of the same articles, as are allowed either in kind or by commutation, to officers of equal rank in its own army; and all others shall be 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 a he pleases; shall be allowed to receive, exempt from all duties a 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 pretense 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 nations.

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 be exchanged in the City of Washington, or at the seat of Government of Mexico, in four months from the date of the signature hereof, or sooner if practicable.

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
LUIS P. CUEVAS
BERNARDO COUTO
MIGL. ATRISTAIN

Article IX was modified and Article X were stricken by the US Congress. Here are the original articles.

In addition, there is an explanation or agreement of why the articles where stricken which is known as the protocol of Querétaro

ARTICLE IX

The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding Article, shall be incorporated into the Union of the United States, and 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. In the mean time, they shall be maintained and protected in the enjoyment of their liberty, their property, and the civil rights now vested in them according to the Mexican laws. With respect to political rights, their condition shall be on an equality with that of the inhabitants of the other territories of the United States; and at least equally good as that of the inhabitants of Louisiana and the Floridas, when these provinces, by transfer from the French Republic and the Crown of Spain, became territories of the United States.

The same most ample guaranty shall be enjoyed by all ecclesiastics and religious corporations or communities, as well in the discharge of the offices of their ministry, as in the enjoyment of their property of every kind, whether individual or corporate. This guaranty shall embrace all temples, houses and edifices dedicated to the Roman Catholic worship; as well as all property destined to it's [sic] support, or to that of schools, hospitals and other foundations for charitable or beneficent purposes. No property of this nature shall be considered as having become the property of the American Government, or as subject to be, by it, disposed of or diverted to other uses.

Finally, the relations and communication between the Catholics living in the territories aforesaid, and their respective ecclesiastical authorities, shall be open, free and exempt from all hindrance whatever, even although such authorities should reside within the limits of the Mexican Republic, as defined by this treaty; and this freedom shall continue, so long as a new demarcation of ecclesiastical districts shall not have been made, conformably with the laws of the Roman Catholic Church.

ARTICLE X

All grants of land made by the Mexican government or by the competent authorities, in territories previously appertaining to Mexico, and remaining for the future within the limits of the United States, shall be respected as valid, to the same extent that the same grants would be valid, to the said territories had remained within the limits of Mexico. But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican Government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfill the said conditions within the periods limited in the same respectively; such periods to be now counted from the date of the exchange of ratifications of this Treaty: in default of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this Article.

The foregoing stipulation in regard to grantees of land in Texas, is extended to all grantees of land in the territories aforesaid, elsewhere than in Texas, put in possession under such grants; and, in default of the fulfillment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this treaty, the same shall be null and void.

THE PROTOCOL OF QUERÉTARO

In the city of Queretaro on the twenty sixth of the month of May eighteen hundred and forty-eight 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 said United States have made in the treaty of peace, friendship, limits and definitive settlement between the two Republics, signed in Guadalupe Hidalgo, on the second 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 fulfillment of the Commission conferred upon them near the Mexican Republic.

First.

The american Government by suppressing the IXth article of the Treaty of Guadalupe and substituting the III article of the Treaty of Louisiana did not intend to diminish in any way what was agreed upon by the aforesaid article IXth in favor of the inhabitants of the territories ceded by Mexico. Its understanding that all of that agreement is contained in the IIId article of tile Treaty of Louisiana. In consequence, all the privileges and guarantees, civil, political and religious, which would have been possessed by the inhabitants of the ceded territories, if the IXth article of the Treaty had been retained, will be enjoyed by them without any difference under the article which has been substituted.

Second.

The American Government, by suppressing the Xth 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 the 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 were legitimate titles under the Mexican law in California and New Mexico up to the I3th of May 1846, and in Texas up to the 2d March 1836.

Third.

The Government of the United States by suppressing the concluding paragraph of article XIIth 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 the twelve [sic] 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 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.

[Seal] A. H. Sevier
[Seal] Nathan Clifford
[Seal] Luis de la Rosa

 

04/01/2022 09:09 AM