Mr. Bell submitted the following amendment: Add the following as a new article: ARTICLE The Mexican Government having entered into a contract with the mixed company of A. G. Sloo and others, on the 5th day of February, 1853, for the early construction of a plank and railroad across the Isthmus of Tehuantepec, and to secure the stable benefits of said transit way to the persons and merchandise of the citizens of Mexico and the United States, it is stipulated that neither Government will interpose any obstacle to the transit of persons and merchandise of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign Government. The transit company shall have the power to transport across the Isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States Government and its citizens, which may be intended for transit and not for distribution on the Isthmus, free of custom-house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the Isthmus and not remaining in the country. When the said company shall have completed the construction of the railroad the Mexican Government agrees to open a port of entry, in addition to the port of Vera Cruz, at or near the mouth of the Coatzacoalcos River. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United States which that Government may have occasion to send from one part of its territory to another lying on opposite sides of the continent. The Mexican Government having agreed in its contract with the beforementioned company to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise to the company, in the construction and completion of the road and the enjoyment of their privileges when it may feel sanctioned and warranted by the public or international law. The question was stated, Will the Senate advise and consent to the ratification of this article? And it was determined in the negative, Yeas. 2277 17 Those who voted in the affirmative are, Messrs. Bell, Brodhead, Clay, Clayton, Douglas, Fitzpatrick, Foot, Geyer, Gwin, James, Jones of Iowa, Rusk, Sebastian, Seward, Slidell, Smith, Thompson of Kentucky, Thomson of New Jersey, Toombs, Walker, Weller, Wright. Those who voted in the negative are, Messrs. Adams, Allen, Atchison, Brown, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Evans, Everett, Fish, Hamlin, Mason, Pettit, Shields, Stuart, Sumner. So, two-thirds not voting in the affirmative, the amendment was not agreed to. No further amendment being proposed, the treaty was reported to the Senate. Mr. Fish submitted the following amendment: In the first article as amended, strike out the words " at the point on the Rio Grande," and insert in lieu thereof the following words: in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe-Hidalgo; thence, as defined in the said article, up the middle of that river to the point. The question was stated, Shall the words proposed to be stricken out stand as part of the article! And it was unanimously determined in the negative. The question was stated, Shall the words proposed to be inserted stand as part of the article? And it was unanimously determined in the affirmative. On motion by Mr. Weller to agree to all the amendments made in Committee of the Whole, with the exception of those made to the first article, and of the new article agreed to as Article III, The question, by unanimous consent, was stated, Will the Senate advise and consent to all the amendments made in Committee of the Whole to this treaty, with the exception of the first article and third new article as above stated? And it was determined in the affirmative, Those who voted in the affirmative are, Yeas Nays.. 41 4 Messrs. Adams, Allen, Atchison, Bayard, Bright, Brodhead, Brown, Butler, Cass, Clay, Clayton, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fessenden, Fish, Fitzpatrick, Foot, Geyer, Gwin, Hamlin, James, Johnson, Jones of Iowa, Mallory, Mason, Morton, Rusk, Sebastian, Seward, Shields, Slidell, Smith, Thompson of Kentucky, Thomson of New Jersey, Toombs, Walker, Weller, Wright. Those who voted in the negative are, Messrs. Chase, Pettit, Stuart, Sumner. So, two-thirds having voted in the affirmative, the amendments as stated were agreed to. On the question to agree to the amendments made to the first article, The question was stated, Shall the words stricken out of the first article in Committee of the Whole stand as part of that article? And it was unanimously determined in the negative. The question was then stated, Shall the following words, proposed to be inserted in lieu of the words stricken out, stand as part of the first article? be as follows: Beginning on the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadelupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of thirty-one degrees and forty-seven minutes north latitude crosses the same; thence due west one hundred miles; thence south twenty English miles; thence west to the one hundred and eleventh meridian of longitude west from Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico, Yeas And it was determined in the affirmative, Nays. Those who voted in the affirmative are, 34 11 Messrs. Adams, Allen, Atchison, Bayard, Bell, Bright, Brodhead, Brown, Cass, Clay, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fessenden, Fitzpatrick, Hamlin, Johnson, Jones of Iowa, Mallory, Mason, Morton, Rusk, Sebastian, Seward, Slidell, Smith, Thompson of Kentucky, Thomson of N. Jersey, Toombs, Weller, Wright. Those who voted in the negative are, Messrs. Butler, Chase, Fish, Foot, Geyer, Gwin, Pettit, Shields, Stuart, Sumner, Walker. So, two-thirds having voted in the affirmative, those words were inserted in the first article. On motion by Mr. Gwin to amend the new third article as agreed to in Committee of the Whole, by striking out the words "seven millions" and inserting ten millions in lieu thereof, The question was stated, Shall the words proposed to be stricken out stand as part of the article? And it was determined in the affirmative, Yeas 34 12 Those who voted in the affirmative are, Messrs. Adams, Allen, Bayard, Bright, Brodhead, Brown, Butler, Cass, Clayton, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fessenden, Fitzpatrick, Foot, Geyer, Hamlin, Johnson, Jones of Iowa, Mason, Morton, Rusk, Sebastian, Slidell, Smith, Thompson of Kentucky, Thomson of New Jersey, Toombs, Wade, Walker, Weller, Wright. Those who voted in the negative are, Messrs. Atchison, Bell, Chase, Clay, Fish, Gwin, Mallory, Pettit, Seward, Shields, Stuart, Sumner. So, two-thirds having voted to retain those words, they were not stricken out. On motion by Mr. Bayard to amend the said new third section by striking out the words "five millions" and the words "two millions" and inserting in lieu of each the words one half, The question was stated, Shall the words proposed to be stricken out stand as part of the article? And it was determined in the negative, Nays. 34 13 Messrs. Adams, Allen, Atchison, Bell, Bright, Cass, Clay, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fessenden, Fitzpatrick, Gwin, Hamlin, James, Johnson, Jones of Iowa, Mallory, Mason, Morton, Pettit, Rusk, Sebastian, Seward, Slidell, Smith, Thompson of Kentucky, Thomson of N. Jersey, Toombs, Wade, Weller, Wright. Those who voted in the negative are, Messrs. Bayard, Brodhead, Brown, Butler, Chase, Clayton, Fish, Foot, Geyer, Shields, Stuart, Sumner, Walker. So, two-thirds having voted to retain those words, they were not stricken out. On the question to agree to the new third article adopted in Committee of the Whole, The question was stated, Will the Senate advise and consent to the ratification of this article? as follows: ARTICLE III.-In consideration of the foregoing stipulations, the Government of the United States agrees to pay to the Government of Mexico, in the city of New York, the sum of seven millions of dollars, five millions of which shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining two millions as soon as the boundary line shall be surveyed, marked, and established, It was determined in the affirmative, Yeas 35 9 Messrs. Adams, Allen, Atchison, Bell, Bright, Brown, Cass, Clay, Clayton, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fessenden, Fish, Fitzpatrick, Geyer, James, Johnson, Joues of Iowa, Mallory, Mason, Morton, Rusk, Sebastian, Slidell, Smith, Thompson of Kentucky, Thomson of N. Jersey, Toombs, Wade, Walker, Weller, Wright. Those who voted in the negative are, Messrs. Bayard, Butler, Chase, Foot, Pettit, Seward, Shields, Stuart, Sumner. So, two-thirds having voted in the affirmative, the said third article was agreed to. Mr. Bell submitted the following amendment: Add the following as a new article: ARTICLE 9.-The Mexican Government having authorized the early construction of a plank and rail road across the Isthmus of Tehuantepec, and to secure the stable benefits of said transit way to the persons and merchandise of the citizens of Mexico and the United States it is stipulated that neither Government will interpose any obstacle to the transit of persons and merchandise of both nations, and at no time shall higher charges be made on the transit of persons and property of citizens of the United States than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign Government. The United States, by its agents, shall have the right to transport across the Isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States Government and its citizens, which may be intended for transit and not for distribution on the Isthmus, free of custom house or other charges by the Mexican Government. Neither passports nor letters of security will be required of persons crossing the Isthmus and not remaining in the country. When the construction of the railroad shall be completed the Mexican Government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the mouth of the Coatzacoalcos River. The two Governments will enter into arrangements for the prompt transit of troops and munitions of the United States which that Government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent. The Mexican Government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection, as it shall judge wise, to it, when it may feel sanctioned and warranted by the public or international law. The question was stated, Will the Senate advise and consent to the ratification of this article? Yeas And it was determined in the negative,{ 1 Nays. Those who voted in the affirmative are, 28 18 Messrs. Bayard, Bell, Brodhead, Brown, Clay, Clayton, Douglas, Fitzpatrick, Foot, Geyer, Gwin, James, Johnson, Jones of Iowa, Mal lory, Morton, Rusk, Sebastian. Seward, Slidell, Smith, Thompson of Kentucky, Thomson of New Jersey, Toombs, Wade, Walker, Weller, Wrigl t. Those who voted in the negative are, Messrs. Adams, Ailen, Atchison, Bright, Butler, Cass, Chase, Dodge of Wisconsin, Dodge of Iowa, Evans, Everett, Fish, Hamlin, Mason, Pettit, Shields, Stuart, Sumuer. So, two-thirds not having voted in the affirmative, the amendment was not agreed to. Mr. Mason submitted the following amendment: Article 10. Strike out the words "four months" and insert six months. The question was stated, Shall the words proposed to be stricken out stand as part of the article? And it was unanimously determined in the negative. The question was then stated, Shall the words proposed to be inserted stand as part of the article? And it was unanimously determined in the affirmative. Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the treaty between the United States of America and the Mexican Republic, concluded at the City of Mexico the thirtieth day of December, in the year of our Lord eighteen hundred and fifty-three, with the following amendments: Article 1. Strike out the following words: "proceed from the point where the aforesaid line intersects the river Colorado, along the middle of the deepest channel of this river, to a point distant two marine leagues to the north of the most northern part of the Gulf of California; thence in succession a right line to the intersection of the 31st parallel of latitude north, with 111° longitude west of Greenwich, whence another right line to the 31° 47′ 30′′ of north latitude, where the same will cross the boundary line, descending the Rio Grande, or Bravo del Norte, to the Gulf of Mexico, as defined in the 5th article of the treaty of Guadalupe. And it is agreed that should the line before described (from the intersection of the parallel 31° of latitude north with the meridian 1110 west of Greenwich to its crossing the Rio Grande, in latitude 310 47′ 30′′) traverse the Lake Guzman, said line shall be broken so as to form an angle at a point distant one marine league south of the most southern part of the lake." Article 1. Insert the following in lieu of the words stricken out: be as follows: Beginning in the Gulf of Mexico, three leagues from land, op. posite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe-Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of thirty one degrees, forty-seven minutes north latitude crosses the same; thence due west one hundred miles; thence south twenty English miles; thence west to the one hundred and eleventh meridian of longitude west from Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico. Article 2. Strike out the same, as follows: "ARTICLE II. With the like desire to maintain the most perfect peace and friendly relations between both countries, it has been agreed that to remove all occasion of dispute on account of reclamations to the present date, founded on alleged Indian incursions, and to avoid all contests upon the true spirit and intention of the obligation stipulated in the eleventh article of the treaty of Guadalupe, the same has been, and is hereby, abolished and annulled. The Government of the United States agrees, notwithstanding this abrogation and anuulment, to provide such additional laws and regulations as the subject may in good faith require, making it a highly penal offense on the part of any inhabitant of the United States or the territories thereof to purchase or receive horses, mules, cattle, or property of any kind knowing the same to have been stolen within the limits of Mexican territory by Indians or by any other persous, and, furthermore, agrees to return, on demand, to their legiti mate owners what may have been thus stolen, so soon as the same shall have been recovered by the authorities of the United States. And in |