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TABLE OF STATUTES

CITED IN OPINIONS.

(A.) STATUTES OF THE UNITED STATES.

PAGE

1878, June 3, 20 Stat. 88, c. 150

PAGE

374, 377, 378

1878, June 20, 20 Stat. 241, c. 352

493, 494

1789, Sept. 24, 1 Stat. 86, c. 20
279, 280, 281
1790, April 30, 1 Stat. 112, c. 9.. 644
1790, May 26, 1 Stat. 122, c. 11.. 334
1801, Feb. 27, 2 Stat. 103, c. 15.. 482
1802, Mar. 30, 2 Stat. 139, c. 13.. 286
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

1879, Feb. 24, 20 Stat. 318, c. 97
67, 68, 69, 76, 77

493, 494

1835, Mar. 3, 4 Stat. 775, c. 40.. 644 1885, Jan. 20, 23 Stat. 283, c. 25 1839, Jan. 11, 5 Stat. 312, c. 2... 32

454, 457 36, 74, 75, 76, 77, 81 1885, Feb. 17, 23 Stat. 307, c. 126 463 1886, July 10, 24 Stat. 143, c. 764

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
1850, Sept. 9, 9 Stat. 446, c. 49
33, 34, 39, 41, 42, 83
1853, Mar. 3, 10 Stat. 220, c. 102.. 402
1854, Dec. 19, 10 Stat. 598 c. 7

610, 612 1858, June 5, 11 Stat. 310, c. 92. 64, 65 1861, Mar. 3, 6 Stat. 464, c. 102.. 458 1862, July 1, 12 Stat. 489, c. 120

118, 129, 130, 131, 132, 133, 152, 162, 231, 522, 528 1863, Mar. 3, 12 Stat. 763, c. 91... 483 1864, July 2, 13 Stat. 356, c. 216

118, 131, 132, 133, 152, 522, 528 1865, Mar. 3, 13 Stat. 504, c. 88

520, 523 1886, July 30, 24 Stat. 170, c. 818. 562 1887, Feb. 4, 24 Stat. 379, c. 104

204, 245 1887, Mar. 3, 24 Stat. 552, c. 373. 495 1888, July 9, 25 Stat. 246, c. 597

482, 487, 489 1888, Aug. 13, 25 Stat. 433 c. 866 495. 1888, Sept. 26, 25 Stat. 496, c. 1093

1889, Mar. 2, 25 Stat. 859, c. 382

118, 132 1890, May 2, 26 Stat. 81 c. 182

1866, July 24, 14 Stat. 221, c. 230. 654
1866, July 27, 14 Stat. 292, c. 278
167, 168, 169, 523
1867, Feb. 15, 14 Stat. 386, c. 28
280, 281
1870, June 21, 16 Stat. 161, c. 141

424 203, 245 20, 21, 76, 502 1890, Oct. 1, 26 Stat. 567, c. 1244. 558 1891, Mar. 3, 26 Stat. 826, c. 517. 437 1891, Mar. 3, 26 Stat. 862, c. 540 456, 457, 459 1891, Mar. 3, 26 Stat. 1093, c. 559. 377 1891, Mar. 3, 26 Stat. 1095, c. 561 377 1894, Aug. 23, 28 Stat. 487, c. 307 462 Revised Statutes.

483 1871, Feb. 28, 16 Stat. 433, c. 99. 463 1871, Mar. 3, 16 Stat. 573, c. 122. 167 1872, May 2, 17 Stat. 59, c. 132.. 167 1872, June 8, 17 Stat. 340, c. 357

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606, 608, 611

§ 650

437

1875, Feb. 18, 18 Stat. 318, c. 80.. 281 1875, Mar. 1, 18 Stat. 335, c. 114. 580 1878, May 7, 20 Stat. 56, c. 96

§ 652

437

§ 693

437

§ 709

.269, 278, 281, 341

118, 153

$ 731

703

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(B.) STATUTES OF THE STATES AND TERRITORIES.

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CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES,

AT

OCTOBER TERM, 1895.

UNITED STATES v. TEXAS.

ORIGINAL.

No. 8. 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 parties 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.

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 acceptance 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 - constitutes no part of the territory properly included within or rightfully belonging 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

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