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Whereupon

Resolved, That the Senate advise and consent to the appointment of the said persons, agreeably to their nominations respectively.

Mr. Hamlin, from the Committee on Commerce, to whom was referred, the 8th February, the nomination of Thomas S. Hall, reported.

Mr. Dodge, of Iowa, from the Committee on Public Lands, to whom were referred, the 16th January, the nomination of Charles H. Gardi. ner, and on the 17th January that of John Westcott, reported.

Whereupon

Resolved, That the Senate advise and consent to the appointment of the saii, persons, agreeably to their nominations respectively.

Mr. Dodge, from the Committee on Public Lands, to whom were referred, the 17th January, the nominations of Warren Lewis and John Loughborough, reported.

On motion by Mr. Dodge, of Iowa, The Senate proceeded to consider the nominations of John W. Cul. bertson, James Thompson, Patrick Quigley, and Georg eMcHenry; and

Resolved, That the Senate advise and consent to the appointment of said persons, agreeably to their nominations respectively. .

The Senate resumed the consideration of the resolution of ratification of the treaty between the United States of America and the Mexican Republic; and

After debate,

On motion by Mr. Mason to amend the resolution by striking out the words proposed to be inserted in the first article, and inserting the following in lieu thereof-be as follows: Beginning 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 such article up the middle of that river to the point where the parallel of 310 47' north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20' to the 111° meridian of longitude west of Greenwich ; thence in a straight line to a point on the Colorato 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,

The question was stated, Shall the words proposed to be stricken out stand as part of the resolution? And it was determined in the negative,

tive Yeas ................. 3

am Nays ................... Those who voted in the affirmative are, Messrs. Foot, Pettit, Wade. Those who voted in the negative are,

Messrs. Allen, Atchison, Badger, Bayard, Bell, Bright, Brodhead, Brown, Butler, Clay, Cooper, Dawson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Evans, Everett, Fish, Fitzpatrick, Geyer, Hamlin, Hunter, Johnson, Jones of Tennessee, Mallory, Mason, Morton, Norris, Pearce, Pratt, Rusk, Sebastian, Seward, Shields, Slidell, Smith, Stuart, Thompson of Kentucky, Toombs, Toucey, Walker, Williams, Wright.

So, two-thirds not having voted in the affirmative, the words were stricken out.

The question was then stated, Shall the words proposed to be inserted stand as part of the resolution ? And it was determined in the affirmative

otion Yeas............... 39

• Nays................. 7 Those who voted in the affirmative are, Messrs. Allen, Atchison, Badger, Bayard, Bell, Bright, Brodhead, Brown, Butler, Clay, Cooper, Dawson, Dodge of Wisconsin, Dodge of

Iowa, Douglas, Evans, Everett, Fitzpatrick, Geyer, Hamlin, Hunter,
Johnson, Jones of Tennessee, Mallory, Mason, Morton, Norris, Pearce,
Pratt, Rusk, Sebastian, Seward, Slidell, Smith, Thompson of Kentucky,
Toombs, Toucey, Williams, Wright.

Those who voted in the negative are,
Messrs. Chase, Foot, Pettii, Stuart, Sumner, Wade, Walker.

So, two-thirds having voted in the affirmative, the words were inserted.

Ou motion by Mr. Mason to amend the resolution by striking out the proposed third article, aud inserting the following in lieu thereof:

ARTICLE 3. 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 ten millions of dollars, of which seven millions shall be paid immediately upon the exchange of the ratifications of this treaty, and the remaining three millions as soon as the boundary line shall be sur. veyed, marked, and established.

The question was stated, Shall the article proposed to be stricken out stand as part of the resolution?

Yeas ................. 15 And it was determined in the negative,

" Nays .................90 Those who voted in the affirmative are, Messrs. Brown, Chase, Dodge of Iowa, Everett, Fish, Foot, Geyer, Hamlin, Pettit, Seward, Shields, Smith, Sumner, Wade, Walker.

Those who voted in the negative are, Messrs. Allen, Atchison, Badger, Bayard, Bell, Brodhead, Butler, Clay, Cooper, Dawson, Dodge of Wisconsin, Douglas, Evans, Fitzpatrick, Gwin, Hunter, Jones of Iowa, Jones of Tennessee, Mallory, Mason, Morton, Norris, Pearc'', Pratt, Rusk, Sebastian, Slidell, Stuart, Toombs, Toucey, Weller, Williams, Wright.

So, two-thirds not having voted to retaiu the article, it was stricken out.

The question was then stated, Shall the article proposed to be in: serted stand as part of the resolution ?

| Yeas....... ....... 34 And it was determined in the affirmative,

”? | Nays ............... 14 Those who voted in the affirmative are,

Messrs. Allen, Atchison, Badger, Bayard, Bell, Brodhead, Brown, Butler, Clay, Dawson, Dodge of Wisconsin, Douglas, Evans, Fitzpatrick, Gwin, Hunter, Johnson, Jones of Iowa, Jones of Tennessee, Mallory, Mason, Morton, Norris, Pearce, Pratt, Rusk, Sebastian, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Williams, Wright.

Those who voted in the negative are, Messrs. Bright, Chase, Dodge of Iowa, Everett, Fish, Foot, Geyer, Pettit, Seward, Shields, Smith, Sumner, Wade, Walker.

So, two-thirds having voted in the affirmative, the article was inserted.

On motion by Mr. Mason to amend Article 7 as stated in the resolution, hy striking out “re-affixed,” the last word of that article, and inserting the word reaffirmed in lieu thereof,

The questions were respectively stated on striking out and inserting, and they were severally unanimously determined in the affirmative.

On motion by Mr. Bell to amend the resolution by inserting the fol. lowing as a new Article 8, and to change “Article 8” to Article 9: .

The Mexican Government having on the 5th of February, 1852, author. ized 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 merchandize 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 merchandize 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 for. eign 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 in 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 Isthinus 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 terminus of said road, on the Gulf of Mexico.

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 by the public or international laro,

The question was stated, Shall this new Article 8, proposed to be inserted, stand as part of the resolution ? And it was determined in the affirmative,

offirmative s Yeas............... 30

s | Nays ............... 14 Those who voted in the affirmative are, Messrs. Atchison, Bell, Clay, Cooper, Dawson, Douglas, Evans, Ever. ett, Fitzpatrick, Foot, Geyer, Gwin, Jones of Iowa, Jones of Tennessee, Mallory, Morton, Pettit, Pratt, Rusk, Sebastian, Seward, Shields, Slidell, Smith, Thompson of Kentucky, Toombs, Toucey, Wade, Walker, Weller.

Those who voted in the negative are Messrs. Allen, Bright, Brown, Butler, Dodge of Wisconsin, Dodge of Iowa, Hamlin, Hunter, Mason, Norris, Stuart, Sumner, Williams, Wright.

So, two-thirds having voted in the affirmative, the said new article was inserted.

The question was then stated, Shall Article 8, as stated in the resolu. tion, stand as Article 9!

And it was unanimously determined in the affirmative.

On motion by Mr. Mason to amend said Article 9 by striking out the words "seventy-seventh” and inserting the words seventy-eighth in lieu thereof,

The questions were respectively stated on striking out and inserting, and they were severally unaniinously determined in the affirmative.

No further amendment being proposed, the question was taken on agreeing to the resolution as amended ; and

Yeas........ ........ 33 And it was determined in the affirmative,

” Nays .............. 13 Those who voted in the affirmative are,

Messrs. Allen, Atchison, Badger, Bayard, Bell, Bright, Brodhead, Brown, Clay, Cooper, Dawson, Dodge of Wisconsin, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Jones of Iowa, Jones of Tennessee, Mallory, Mason, Morton, Pearce, Pratt, Rusk, Sebastian, Slidell, Thompson of Kentucky, Toombs, Toucey, Weller, Williams, Wright.

Those who voted in the negative are, Messrs. Chase, Dodge of Iowa, Everett, Fish, Foot, Hamlin, Pettit, Seward, Shields, Stuart, Sumner, Wade.

So it was

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 lati. tude, north with 1110 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 Guada. lupe. And it is agreed that, should the line before described (from the intersection of the parallel 310 of latitude, north, with the meridan 1110 west of Greenwich, to its crossing the Rio Grande in latitude 31° 47' 30') traverse the Lake Guzman, said lake shall be broken so as to form an angle at a point distant one marine league south of the most southern part of that 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, opposite the mouth of the Rio Grande, as provided in the fifth article of the treaty of Guadalupe-Hidalgo; thence, as defined in such article, up the middle of that river to the point where the parallel of 31° 47' north latitude crosses the same, thence due west one hundred miles ; thence south to the parallel of 31° 20' north latitude; thence along the said parallel of 310 20% to the 1110 meridian of longitude west of Greenwich, thence in a straight line to a point in 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 agrers, notwithstanding this abrogation and annulment, to provide such addi. tional 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 purchases 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 persons; and, furthermore, agrees to return, on demand, to their legitimate 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 the event of any person or persons captured upon Mexican territory being carried within the boundaries of the United States, the Government of the latter engages to use every fair and reasonable means that the nature and circumstances of the case will admit to rescue and return such captives to their own country, or deliver them to an agent or representative of the Mexican Government, requiring simply the repayment to the officer or agent of the United States, who may so deliver or return them, the expenses incurred in the maintenauce and transmission of the rescued captives. Finally, the Government of the United States promises that on any occasion she may have to remove the Indians from any point of her territory or to settle thereupon her own citizens, especial care shall be taken not to place said Indians under necessity of seeking new homes by means of incursions into the Mexican territory.”

Article 2. Insert the following as Article 2:

ARTICLE 2. The Government of Mexico hereby releases the United States from all liability on account of the obligations contained in the eleventh article of the treaty of Guadalupe-Hidalgo, and the said article and the thirty-third article of the treaty of amity, commerce, and navigation between the United States of America and the United Mexican States, concluded at Mexico on the fifth day of April, 1831, are hereby abrogated.

Article II. Strike out the same, as follows:

"ARTICLE III. In consideration of the grants received by the United States and the obligations relinquished by the Mexican Republic, pursuant to this treaty, the former agree to pay to the latter the sum of fifteen millions of dollars in gold or silver coin at the Treasury at Washington, one-fifth of the amount on the exchange of ratifications of present treaty at Washington and the remaining four-fifths in monthly installments of three millions each, with interest at the rate of six per cent. per annum until the whole be paid, the Government of the United States reserving the right to pay up the whole sum of fifteen millions at earlier date, as may be to her convenient.

"The United States also agree to assume all the claims of their citizens of whatever right, title, or foundation, which may have arisen since the date of the signature of the treaty of Guadalupe, or which may not have been provided for therein, or of any corporation, company, or citizen of the same, including the claim of the so-called concession to Garay, whose lawful existence Mexico does not recognize, even as implied, thus ex. tinguishing this among the other claims of citizens of the United States against the Republic of Mexico, said United States obliging themselves not to make any payment on account of the so-called concession to Garay without having previously delivered to the agent of the Mexican Government accredited at Washington all the evidence and documents used by the holders of said concession in establishing their rights and claims legally relinquished in favor of Mexico by such holders and claimants ; and it is agreed in the reciprocal release of obligations that the Mexican Republic exonerates the United States of America froin all claims of Mexico or Mexican citizens which may have arisen since the date of the treaty of Guadalupe, so that each Government, in the most formal and effective manner, shall be exempted and exonerated of all obligations to each other respectively, whether of themselves or in behalf of their respective citizens up to the date of the signature of tbe present treaty.

ARTICLE 3. Insert the following as Article 3:

ARTICLE 3. In consideration of the foregoing stipulations the Govern. ment of the United States agrees to pay to the Government of Mexico, in the city of New York, the sum of ten millions of dollars, of which seven mill

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