Gambar halaman
PDF
ePub

TABLE OF STATUTES

CITED IN OPINIONS.

(A.) STATUTES OF THE UNITED STATES.

PAGE

PAGA

1789, Sept. 24, 1 Stat. 86, c. 20 1878, June 3, 20 Stat. 88, c. 150 279, 280, 281

374, 377, 378 1790, April 30, 1 Stat. 112, c. 9.. 644 1878, June 20, 20 Stat. 241, c. 352 1790, May 26, 1 Stat. 122, c. 11.. 334

493, 494 1801, Feb. 27, 2 Stat. 103, c. 15.. 482 1879, Feb. 24, 20 Stat. 318, c. 97 1802, Mar. 30, 2 Stat. 139, c. 13.. 286

67, 68, 69, 76, 77 1825, Mar. 3, 4 Stat. 115, c. 65.. 644 1882, Aug. 2, 22 Stat. 185, C. 372 1831, Mar. 3, 6 Stat. 464, c. 102.. 458

493, 494 1835, Mar. 3, 4 Stat. 775, c. 40.. 614 1885, Jan, 20, 23 Stat. 283, c. 25 1839, Jan. 11, 5 Stat. 312, c. 2... 32

454, 457 1846, June 27, 9 Stat. 20, C. 34.. 286 1885, Jan. 31, 23 Stat. 296, c. 47 1847, Mar. 30, 9 Stat. 155, c. 47..62, 63

36, 74, 75, 76, 77, 81 1850, Sept. 9, 9 Stat. 446, c. 49 1885, Feb. 17, 23 Stat. 307, c. 126 463

33, 34, 39, 41, 42, 83 1886, July 10, 24 Stat. 143, c. 764 1853, Mar. 3, 10 Stat. 220, c. 102., 402

520, 523 1854, Dec. 19, 10 Stat. 598 c. 7 1886, July 30, 24 Stat. 170, c. 818. 562

610, 612 | 1887, Feb. 4, 24 Stat. 379, c. 104 1858, June 5, 11 Stat. 310, c. 92. 64, 65

204, 245. 1861, Mar. 3, 6 Stat. 464, c. 102.. 458 1887, Mar. 3, 24 Stat. 552, c. 373. 495 1362, July 1, 12 Stat. 489, c. 120 1888, July 9, 25 Stat. 246, c. 597 118, 129, 130, 131, 132, 133, 152, 162,

482, 487, 489 231, 522, 528 1888, Aug. 13, 25 Stat. 433 c. 866 495, 1863, Mar. 3, 12 Stat. 763, c. 91... 483 1888, Sept. 26, 25 Stat. 496, c. 1861, July 2, 13 Stat. 356, c. 216

1093

424 118, 131, 132, 133, 152, 522, 528 1889, Mar. 2, 25 Stat. 859, c. 382 1865, Mar. 3, 13 Stat. 504, c. 88

203, 245 118, 132 1890, May 2, 26 Stat. 81 c. 182 1866, July 24, 14 Stat. 221, c. 230. 654

20, 21, 76, 502 1866, July 27, 14 Stat. 292, c. 278 1890, Oct. 1, 26 Stat. 567, c. 1244. 558

167, 168, 169, 523 1891, Mar. 3, 26 Stat. 826, c. 517. 437 1867, Feb. 15, 14 Stat. 386, c. 28 1891, Mar. 3, 26 Stat. 862, c. 540 280, 281

456, 457, 459 1870, June 21, 16 Stat. 161, c. 141 1891, Mar. 3,26 Stat. 1093, c. 559. 377

483 | 1891, Mar. 3, 26 Stat. 1095, c. 561 377 1871, Feb. 28, 16 Stat. 433, c. 99. 463 1894, Aug. 23, 28 Stat. 487, c. 307 462 1871, Mar. 3, 16 Stat. 573, c. 122. 167 Revised Statutes. 1872, May 2, 17 Stat. 59, c. 132.. 167

§ 12

281 1872, June 8, 17 Stat. 340, c. 357

Š 641......

579, 580, 585, 586, 600 606, 608, 611 $ 650

437 1875, Feb. 18, 18 Stat. 318, c. 80.. 281 $ 652

437 1875, Mar. 1, 18 Stat. 335, c. 114. 580 $ 693

437 1878, May 7, 20 Stat. 56, c. 96

Š 709

..269, 278, 281, 341 118, 153

703 xvii

$ 731

[blocks in formation]

c. 355

(B.) STATUTES OF THE STATES AND TERRITORIES. Arizona.

New York. 1895, Mar. 21, Laws of 1895,

1845, May 8, Laws of 1845, p. 68....557, 562, 563, 564, 565 c. 150.

286 Califoruia.

1853, June 17, Laws of 1853, 1852, Laws of 1852, p. 150,

402 c. 77...

134 Texas. 1861, Laws of 1861, p. 607,

1836, Dec. 19, 1 Sayles' Early c. 532

126 Laws, art. 257.. 29, 38, 39 1864, April 4, Laws of 1863

1850, Nov. 25, 2 Sayles' Early 64, c. 417....118, 134, 135, 162 Laws, art. 2127

34 1870, April 4, Laws of 1869

1854, Feb. 11, 2 Sayles' Early
70, c. 579....
167, 169 Laws, art. 2412

64 Political Code, $ 3670

1879, July 14, Gen. Laws of Georgia.

113, 138, 167 1879, sp. sess. c. 52 .. 174, 183 1887, Oct. 22, Laws of 1887,

1881, Mar. 11, Gen. Laws of
No. 365...

651
1881, c. 33.

183 Iowa.

1882, May 2, Gen. Laws of Code of 1873, § 2529 ....... 338

1882, p. 5.

.71, 74, 76 Maryland.

1892, April 13, Laws of 1892, 1798, 2 Kilty's Laws, c. 101

c. 14, 15...

. 268, 282 483, 484, 486, 488, 489

Sayles' Early Laws, vol. 1,
art. 1531..

33 1831, Laws of 1831, c. 315

vol. 2, art. 2886. 486, 488

51, 67 1854, Laws of 1854, p. 162,

vol. 3, art. 4285. ..40, 41 c. 140

486

Paschal's Dig., art. 997.... 275 Mississippi.

arts. 4621-4624 273 1871, Mar. 17, Laws of 1871,

art. 4988 275 Rev. Stat. $$ 548, 549

275 c. 1...

304, 306 Code of 1880, § 1661

ŠS 1011 a-1011 c.. 268 587

282 § 1664

§ 1048...
587
S$ 2191-3199

273 Ann. Code of 1892, $ 2358 .. 587

§ 4332

275 § 2361.

§ 4784

271 587, 588

$ 4808

271 § 2365 ..

271

§ 4811 Nevada.

587, 588 Gen. Stat. $$ 1080, 1081..... 521 $ 1088..

521

Great Britain.

29 Car. 2, c. 3.
1 Vict. c. 26
8 & 9 Vict. c. 20.

(C.) FOREIGN STATUTES.

Great Britain (cont.) 483 17 & 18 Vict. c. 31 484

17 & 18 Vict. c. 125 222 36 & 37 Vict. c. 48.

222, 230 .701, 702

222

CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES,

AT

OCTOBER TERM, 1895.

UNITED STATES v. TEXAS.

ORIGINAL.

No. 3. Original. Argued October 23, 24, 25, 1895. – Decided March 16, 1896.

The treaty between the United States and Spain, made in 1819, and ratified

in 1821, provided that “the boundary line between the two countries, west of the Mississippi, shall begin on the Gulf of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of the river to the 32d degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red River; then following the course of the Rio Roxo, westward, to the degree of longitude 100 west from London and 23 from Washington; then, crossing the said Red River, and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the Arkansas, to its source, in latitude 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818." Held, (1) That the intention of the two governments, as gathered from the

words of the treaty, must control, and that the map to which the contracting parties referred is to be given the same effect as if it

had been expressly made a part of the treaty; (2) But, looking at the entire instrument, it is clear that, while the par

ties took the Melish map, improved to 1818, as a basis for the final settlement of the question of boundary, they contemplated, as shown by the fourth article of the treaty, that the line was subseVOL. CLXII-1

1

Statement of the Case.

[ocr errors][merged small]

quently to be fixed with more precision by commissioners and sur

veyors representing the respective countries; (3) That the reference in the treaty to the 100th meridian was to that

meridian astronomically located, and not necessarily to the 100th

meridian as located on the Melish map; (4) That the Melish map located the 100th meridian far east of where

the true 100th meridian is, when properly delineated; (5) That the Compromise Act of September 9, 1850, and the accept

ance of its provisions by Texas, together with the action of the two governments, require that, in the determination of the present question of boundary between the United States and Texas, the direction in the treaty, “ following the course of the Rio Roxo westward to the degree of longitude 100 west from London,” must be interpreted as referring to the true 100th meridian, and, consequently, the line" westward” must go to that meridian, and not

stop at the Melish 100th meridian ; (6) That Prairie Dog Town Fork of Red River is the continuation, going

from east to west, of the Red River of the treaty, and the line, going from east to west, extends up Red River and along the Prairie Dog Town Fork of Red River to the 100th meridian, and not up

the North Fork of Red River;
(7) That the act of Congress of February 24, 1879, c. 97, creating the

Northern Judicial District of Texas, is to be construed as placing
Greer County in that district for judicial purposes only, and not as

ceding to Texas the territory embraced by that county.
The territory east of the 100th meridian of longitude, west and south

of the river now known as the North Fork of Red River, and north of a
line following westward, as prescribed by the treaty of 1819 between
the United States and Spain, the course, and along the south bank, both
of Red River and the river now known as the Prairie Dog Town Fork
or South Fork of Red River until such line meets the 100th meridian of
longitude – which territory is sometimes called Greer County – consti-
tutes no part of the territory properly included within or rightfully be-
longing to Texas at the time of the admission of that State into the
Union, and is not within the limits nor under the jurisdiction of that
State, but is subject to the exclusive jurisdiction of the United States of

America.
Each party will pay its own costs.

By the act of May 2, 1890, c. 182, $ 25, 26 Stat. 81, 92, the Attorney General of the United States was “directed to commence in the name and on behalf of the United States, and prosecute to a final determination, a proper suit in equity in the Supreme Court of the United States against the State of Texas, setting forth the title and claim of the United States

« SebelumnyaLanjutkan »