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10 67. It was not reported in the Senate until June 8, and was not further considered until July 29; Aug. I the bill passed the Senate, the vote being 28 to 25. The amendments of the Senate were agreed to by the House Aug. 5, and on the 6th the act was approved.

REFERENCES. — Text in U. S. Stat. at Large, IX., 59-66. For the proceedings, see the House and Senate Journals, 29th Cong., ist Sess.; for the debates, see the Cong. Globe, or Benton's Abridgment, XV. The act of 1840 is in U.S. Stat. at Large, V., 385-392. On the treatment of the public money after 1841, see House Exec. Doc. 123, 27th Cong., 2d Sess. Webster's speech of Aug. 1, 1846, is in his Works (ed. 1857), V., 244–252. For Clay's speeches on the various sub-treasury plans, see his Life and Speeches (ed. 1844), II., 279–303, 310–349, 384-405, 432–436; for his speech on Tyler's bank vetoes, ib., II., 485-507. See also Kinley's Independent Treasury, chap. 2. An Act lo provide for the better Organization of the Treasury, and for the Collection, Safe-Keeping, Transfer, and Disbursement of the public Revenue.

* Be it enacted ...

That the rooms prepared and provided in the new treasury building at the seat of government for the use of the treasurer of the United States, his assistants, and clerks, and occupied by them, and also the fireproof vaults and safes erected in said rooms for the keeping of the public moneys in the possession and under the immediate control of said treasurer, and such other apartments as are provided for in this act as places of deposit of the public money, are hereby constituted and declared to be the treasury of the United States. And all moneys paid into the same shall be subject to the draft of the treasurer, drawn agreeably to appropriations made by law.

[Sections 2–4 provide that the mint at Philadelphia, the branch mint at New Orleans, and the places provided for at New York, Boston, Charleston, and St. Louis, under the act of July 4, 1840, for the use of receivers-general of public money, shall be places of deposit.)

SEC. 5. And be it further enacted, That the President shall nominate, and by and with the advice and consent of the Senate appoint, four officers to be denominated “assistant treasurers of the United States,” which said officers shall hold their respective offices for the term of four years, unless sooner removed therefrom; one of which shall be located at the city of New York i one at the city of Boston . ...; one . .

at the city of Charleston ; and one other at St. Louis



SEC. 6. And, be it further enacted, That the treasurer of the United States, the treasurer of the mint of the United States, the treasurers, and those acting as such, of the various branch mints, all collectors of the customs, all surveyors of the customs acting also as collectors, all assistant treasurers, all receivers of public moneys at the several land offices, all postmasters, and all public officers of whatsoever character, be, and they are hereby, required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as allowed by this act, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper department or officer of the government, to be transferred or paid out; and when such orders for transfer or payment are. received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the government which may be imposed by this or any other acts of Congress, or by any regulation of the treasury department made in conformity to law; and also to do and perform all acts and duties required by law, or by direction of any of the Executive departments of the government, as agents for paying pensions, or for making any other disbursements which either of the heads of these departments may be required by law to make, and which are of a character to be made by the depositaries hereby constituted, consistently with the other official duties imposed upon them.

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SEC. 9. And be it further enacted, That all collectors and receivers of public money, of every character and description, within the District of Columbia, shall, as frequently as they may be directed by the Secretary of the Treasury, or the PostmasterGeneral so to do, pay over to the treasurer of the United States, at the treasury, all public moneys collected by them, or in their hands; that all such collectors and receivers of public moneys within the cities of Philadelphia and New Orleans shall, upon the same direction, pay over to the treasurers of the mints in their respective cities, at the said mints, all public moneys collected by them, or in their hands; and that all such collectors and receivers of public moneys within the cities of New York, Boston, Charleston, and St. Louis, shall, upon the same direction, pay over to the assistant treasurers in their respective cities, at their offices, re

spectively, all the public moneys collected by them, or in their hands, to be safely kept by the said respective depositaries until otherwise disposed of according to law; and it shall be the duty of the said Secretary and Postmaster-General respectively to direct such payments by the said collectors and receivers at all the said places, at least as often as once in each week, and as much more frequently, in all cases, as they in their discretion may

think proper.


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SEC. 18. Be it further enacted, That on ... (January 1, 1847] ..., and thereafter, all duties, taxes, sales of public lands, debts, and sums of money accruing or becoming due to the United States, and also all sums due for postages or otherwise, to the general post-office department, shall be paid in gold and silver coin only, or in treasury notes issued under the authority of the United States. SEC. 19. And be it further enacted, That on'... [April 1, 1847]

and thereafter, every officer or agent engaged in making disbursements on account of the United States, or of the general post-office, shall make all payments in gold and silver coin, or in treasury notes, if the creditor agree to receive said notes in payment.

No. 101. Treaty with Mexico

February 2, 1848

THE treaty which closed the Mexican war was negotiated on the part of the United States by N. P. Trist, who, previous to his appointment as commissioner and confidential agent, had been chief clerk of the Department of State. He was instructed “to demand the cession of New Mexico and California in satisfaction of claims against Mexico.” He left Washington April 16,1847, and arrived at Vera Cruz, the headquarters of the United States army, May 6. November 16 he received a letter of recall, but disregarded it, and Feb. 2, 1848, concluded with Mexico the treaty of Guadalupe Hidalgo. Trist remained in Mexico until April 8, when an order for his arrest compelled him to leave. The treaty was sent to the Senate Feb. 23, and ratified by that body, with amendments, March 10, by a vote of 38 to 14. The suggested amendments were accepted by Mexico, and May 30 ratifications were ex

changed. An act of July 29, 1848, provided for the payment of liquidated claims against Mexico. The survey of the boundary line was provided for by an act of Aug. 12, and acts of Feb. 26 and March 3, 1849, and March 3, 1851, made further provision for the settlement of Mexican claims.

REFERENCES. English and Spanish text in U. S. Stat. at Large, IX., 922–942. The papers accompanying the treaty, and the proceedings of the Senate, are in Senate Exec. Doc. 52, 30th Cong., ist Sess.; other papers are in House Exec. Doc. 40, 56, 60, 69, and 70. On the negotiation of the treaty, see House Exec. Doc. 50, 30th Cong., 2d Sess.; on the part played by Trist, Senate Rep. 261, 41st Cong., ad Sess. The discussions in Congress may be followed in Cong. Globe, 30th Cong., ist Sess., and appendix. See also Wharton's Intern. Law Digest (ed. 1887), II., 256–261.




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.

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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. ...

* Amended by Article I. of the treaty of Dec. 30, 1853. — Ed.


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.


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.

1 Amended by Article IV. of the treaty of Dec. 30, 1853. – ED. ? Amended by Article IV. of the treaty of Dec. 30, 1853. - Ed.

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