ARTICLES REFERRED TO IN THE FIFTEENTH ARTICLE OF THE PRECEDING TREATY.

First and Fifth articles of the unratified convention between the United States and the Mexican Republic of the 20th November, 1843.

ARTICLE I.

"All claims of citizens of the Mexican Republic against the Government of the United States which shall be presented in the manner and time hereinafter expressed, and all claims of citizens of the United States against the Government of the Mexican Republic, which, for whatever cause, were not submitted to, nor considered, nor finally decided by, the commission, nor by the arbiter appointed by the convention of 1839, and which shall be presented in the manner and time hereafter specified, shall be referred to four commissioners, who shall form a board, and shall be appointed in the following manner, that is to say: Two commissioners shall be appointed by the President of the Mexican Republic, and the other two by the President of the United States, with the approbation and consent of the Senate. The said commissioners, thus appointed, shall, in presence of each other, take an oath to examine and decide impartially the claims submitted to them, and which may lawfully be considered, according to the proofs which shall be presented, the principles of right and justice, the law of nations, and the treaties between the two republics.

ARTICLE V.

"All claims of citizens of the United States against the Government of the Mexican Republic, which were considered by the commissioners, and referred to the umpire appointed under the convention of the eleventh April, 1839, and which were not decided by him, shall be referred to, and decided by, the umpire to be appointed, as provided by this convention, on the points submitted to the umpire under the late convention, and his decision shall be final and conclusive. It is also agreed, that if the respective commissioners shall deem it expedient, they may submit to the said arbiter new arguments upon the said claim.

"THE EVACUATION OF THE CITY OF MEXICO BY THE UNITED STATES.

"At 6 o'clock, A. M., June 12, 1848, the flag of the United States was taken down from the National palace in the city of Mexico, and the colors of Mexico hoisted in their stead, the customary honors being paid to both. The last division of the American army was withdrawn, and the occupation of Mexico by the United States was at an end. July 4, 1848, President Polk issued proclamation of the foregoing treaty.

"BOUNDARIES, AREA, AND COST OF CESSION:

"By this cession the United States obtained the acknowledgment of the boundaries of Texas, annexed in 1845, and the territory west of the Rio Grande, and of a meridian north from its

course to the forty-second parallel on the north, the Pacific Ocean on the west, and the national boundary on the south established by this treaty. (See Article V.) This boundary was afterwards altered by the addition of the land purchased by the Gadsden treaty of 1853, and the present national boundary was established. The area of territory obtained by this treaty (exclusive of the Texas cession, in doubt as to part) was estimated at 522,568 square miles,

viz.:

Square miles.

Lying now in the State of California, being the entire State.....

157,801

The entire State of Nevada.

.112,090

Arizona (except the Gadsden purchase of

1853)

82,381

New Mexico west of the Rio Grande and north of the Gadsden purchase of

Utah, entire

Colorado, west of the Rocky Mountains.. 29,500 Wyoming, the southwest portion... 14,320

In all estimated at....

or 334,443,520 acres.

......

.522,568

"All of this became national and public domain, and the land laws of the United States were extended over it by congress (for disposition and sale), excepting certain grants made therein by Spanish and Mexican authorities. It cost principal sum under the treaty, $15,000,000. "The southern and western boundary of this cession is (west of Texas) the boundary of the public as well as of the national domain. The

boundary lines were settled and surveyed by a joint commission.

DELIVERY OF THE CESSION.

"The United States being in possession, by military force, no formal delivery of the territory was had other than by the payment of the sum stipulated and fixing and determining the boundary line.

CHAPTER XI.

BOUNDARY COMMISSION SURVEY AND GADSDEN

PURCHASE.

JOHN B. WELLER - JOHN C. FREMONT - JOHN RUSSELL BARTLETT-MAJOR W. H. EMORYGADSDEN PURCHASE AND TREATY-PROPOSITION SUBMITTED TO CONGRESS BY MR. GADSDEN.

According to the terms of the treaty of Guadalupe Hidalgo, the Commissioners of the Boundary Survey were to be appointed within one year from the signing of the treaty. Mexico appointed General Pedro Garcia Conde, and President Polk, early in 1849, appointed John B. Weller, who had served in Congress from Ohio, and afterwards in the United States Senate from California, and also as Governor of the last mentioned State.

In February, 1850, after establishing the initial point for the survey, the Commission adjourned. Soon thereafter Weller was superseded by John C. Fremont who, having been elected Senator from California, during that year resigned from the position of Commissioner, and John Russell Bartlett of Massachusetts, in June, 1850, was appointed in his place. Bartlett organized his force and a military escort was provided by the Government for the Commission. There was a large corps of engineers, surveyors and assistants over whom Lieut. A. W. Whipple, of the Topographical Engineers, was placed. Lieut. Whipple also