Protocol of Querétaro (1848)

Negotiation of the Treaty

Luis Cuevas, Bernardo Couto, and Miguel Atristain negotiated for Mexico on behalf of interim Mexican president Manuel de la Pena y Pena. In 1847, U.S. President James K. Polk had sent Nichols P. Trist as his emissary with a draft of the settlement, but he recalled him from service the following year. Across the continent, Trist met with Mexican negotiators anyway, hammering through the most difficult provisions regarding money, land, and recognition of Mexican citizens. Neither the Mexican nor American congresses supported the treaty signed in February 1848 but ultimately acquiesced, understanding that the only other option was a return to active warfare, which neither side wanted.

In February 1848, at the tentative end of nearly two years of war between the United States and Mexico, the Treaty of Guadalupe Hidalgo was negotiated and exchanged for ratifications in the congresses of Mexico and the United States, in both English and Spanish. Both nations were to return with original, signed, and ratified copies of the treaty within four months or less. Unfortunately for Mexico, when the representative returned with the U.S. version, important modifications and rationale were included.

To appease those in the U.S. Congress who felt that the United States should take all of Mexico and leave nothing for the losing side, Article X of the treaty was removed, which had agreed to honor the character of land grants as they had been given, the same as if they had remained within the boundaries of the newly defined Mexican nation.

Article IX was substantially shortened, taking out specific references to the Catholic Church. By removing this article, the United States wanted to clarify what it meant by taking such action. The protocol explained that land grants would be recognized if the grantees proved their legitimate title in the American legal system.

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