The Treaty of Guadalupe
Hidalgo is the treaty that ended the war with Mexico in 1848. Most
Americans had supported the war and accepted the manifest destiny that
God wanted us to own the port of San Francisco (even Walt Whitman). It
was a war that we started but lied about, much like the Vietnam War or
the Second Iraq War. Mexico was not to blame, as people like Lincoln
pointed out at the time. Grant denounced the war, although he fought in
it.
The first thing I learned was that Guadelupe Hidalgo is a building (like
Appomattox Courthouse). I learned that Mexico signed the treaty, with a
gun held to its head, because Mexico was dividing into factions,
disunited and becoming a failed state with no tax base. Ending the war
and getting some cash was the only way to hold together what was left of
Mexico, the country's leadership thought.
I learned that the sometime President of Mexico, Santa Ana, was in
treasonous communication with the American military, offering them
advice on how best to win. (Amazing.)
What really matters, aside from the armed theft of half of Mexico, is
that the treaty offered protections, property rights and citizenship for
the Mexican citizens of California, New Mexico and so on (Mexico had
citizens of all races, including Indians) after the Americans took
control.
What actually happened was the Indians and the women of California lost
the right to vote, nearly all the Mexican men lost their vast ranches
and became second-class citizens, and all of this was winked at by the
U. S. Supreme Court. (Apaches were finally granted the vote in 1953,
more than 100 years later.) The
American courts held that the treaty guaranteed Mexican subjects
citizenship in their new country but not the right to vote. Never mind
what the Constitution and its amendments said.
I was most surprised by the Supreme Court. Between
1848 and the present, the Court has ruled dozens of times that the
treaty, a treaty guaranteeing property rights and signed by the Federal
government, can be over-ruled by laws passed by state assemblies. The
states passed laws that made it easy to take land from the Mexican
owners. The Supreme Court apparently did this on the assumption that it
would be good for business. Never mind that in theory federal law trumps
state law. The Civil War settled that issue, but the courts paid no
attention.
The local laws, in effect, made it easy to transfer lands from
Mexican-Americans to the Anglos, often to the 1%. Within 30 years, the
Mexican land owners (often called Dons) had lost everything.
I sometimes think of today's Supreme Court as especially corrupt and
twisted in its logic, but I guess that's not the case. Now that Latinos
have become a large voting group, I wonder what will come next.
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