Fact Check: Did the United States, by their own laws at the time, illegally steal Mexican land before the Mexican-American war?

Did the United States Illegally Steal Mexican Land Before the Mexican-American War?

Introduction

The claim that the United States illegally stole Mexican land before the Mexican-American War (1846-1848) raises significant historical and legal questions. This assertion implies that the actions taken by the U.S. government during this period were not only morally questionable but also in violation of its own laws. The context surrounding the acquisition of land from Mexico is complex, involving treaties, military conflict, and subsequent legal disputes.

What We Know

1. Background of the Mexican-American War: The Mexican-American War was primarily driven by U.S. expansionist desires, particularly under President James Polk, who sought to acquire territories including California and New Mexico. Polk initially attempted to negotiate the purchase of these lands but resorted to military action when negotiations failed 2.

2. Treaty of Guadalupe Hidalgo: The war concluded with the Treaty of Guadalupe Hidalgo in 1848, which resulted in Mexico ceding approximately half of its territory to the United States. This treaty included provisions for the protection of the property rights of Mexicans living in the newly acquired territories 110.

3. Legal Context: The treaty stipulated that the rights of Mexican citizens in the ceded territories would be respected, stating they would be treated as U.S. citizens 1. However, many land grants made by Mexican authorities were not recognized by the U.S. government, leading to legal disputes that often favored American settlers over Mexican landholders 59.

4. Subsequent Legal Issues: After the war, the U.S. government established a commission to settle land claims in California, but many Mexicans found their land claims invalidated or ignored, leading to significant loss of property 35. This has led some historians to argue that the U.S. government failed to uphold its treaty obligations, which could be interpreted as a form of legal theft.

Analysis

The claim that the U.S. illegally stole land from Mexico involves examining both the legality of the actions taken during the war and the subsequent treatment of Mexican landowners.

• Source Evaluation:

  • The Library of Congress provides a historical overview of land loss among Mexicans post-war, emphasizing the disparity between treaty promises and actual practices 1. This source is credible due to its authoritative nature and reliance on historical documents.
  • The Western Oregon University PDF discusses the motivations behind the war and the U.S. government's strategies, providing context but lacking a critical examination of the legal implications of these actions 2.
  • The Colorado Law Review article discusses specific legal cases related to land grants, highlighting the failures of the U.S. justice system in honoring treaty obligations 3. This source is scholarly and provides a detailed legal perspective, though it may have a bias towards critiquing U.S. legal practices.
  • The National Archives offers the actual text of the Treaty of Guadalupe Hidalgo, which is essential for understanding the legal framework established at the end of the war 10. This source is highly reliable as it is an official government document.

• Conflicts of Interest: Some sources may have inherent biases based on their institutional affiliations or the perspectives they promote regarding U.S.-Mexico relations. For instance, academic articles may emphasize legal failures to critique historical injustices, while government sources might focus on the legality of treaties to justify actions taken during the war.

• Methodological Concerns: Many historical analyses rely on retrospective interpretations of events that were complex and multifaceted. The motivations of individuals and governments at the time can be difficult to ascertain, and the legal frameworks were often ambiguous. More comprehensive studies that incorporate a wider range of primary sources, including Mexican perspectives, would enhance understanding.

Conclusion

Verdict: Mostly True

The assertion that the United States illegally stole Mexican land before the Mexican-American War is supported by a combination of historical context and legal analysis. Key evidence includes the U.S. government's failure to uphold treaty obligations as outlined in the Treaty of Guadalupe Hidalgo, which promised to respect the property rights of Mexicans in the ceded territories. Furthermore, the subsequent invalidation of many land claims by the U.S. government raises significant ethical and legal concerns about the treatment of Mexican landowners.

However, the term "illegal" is nuanced. While the actions taken by the U.S. government can be interpreted as unjust and in violation of treaty commitments, the legal frameworks of the time were complex and often ambiguous. This complexity introduces uncertainty regarding the outright classification of these actions as theft in a legal sense.

It is important to acknowledge the limitations in the available evidence, as historical interpretations can vary widely based on the sources consulted and the perspectives adopted. Readers are encouraged to critically evaluate the information presented and consider multiple viewpoints when forming their conclusions about this contentious historical issue.

Sources

1. Land Loss in Trying Times | Mexican - Library of Congress. https://www.loc.gov/classroom-materials/immigration/mexican/land-loss-in-trying-times/
2. PDF The Mexican-American War and its Effects - Western Oregon University. https://wou.edu/history/files/2015/08/Justin-GaVette.pdf
3. The Failings of the United States Justice System: Lobato v. Taylor and Mexican Community Land Grants. https://lawreview.colorado.edu/print/volume-93/the-failings-of-the-united-states-justice-system-lobato-v-taylor-and-mexican-community-land-grants/
4. American Latino Theme Study: Law. https://www.nps.gov/articles/latinothemestudylaw.htm
5. John C. Fremont, Mariposa, and the Collision of Mexican and American Law. https://digitalcommons.wcl.american.edu/facsch_lawrev/768/
6. What the Treaty of Guadalupe Hidalgo Actually Says. https://www.ssc.wisc.edu/soc/racepoliticsjustice/2017/07/12/what-the-treaty-of-guadalupe-actually-says/
7. New Collection Release: Pre-1901 Legal Documents of New Spain/Mexico. https://blogs.loc.gov/law/2025/03/new-collection-release-pre-1901-legal-documents-of-new-spain-mexico/
8. The Mexican-American War, 1846-1848 - U.S. History - UH Pressbooks. https://pressbooks-dev.oer.hawaii.edu/ushistory/chapter/the-mexican-american-war-1846-1848/
9. Mexican-American life. https://faculty.chass.ncsu.edu/slatta/hi453/latinos/MA19.htm
10. Treaty of Guadalupe Hidalgo (1848) - National Archives. https://www.archives.gov/milestone-documents/treaty-of-guadalupe-hidalgo