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1895.

on the map, east of the 100th meridian, as "Rio passing the 100th meridian, its course is westRoxo or Red river of Louisiana." 12. A map wardly and northwestwardly in the direction compiled for the Department of State, under of Santa Fé. 13. Tanner's map of the United the direction of Colonel Abert and Lieutenant States and Mexico, published in 1846. That Emory, and published by the War Depart-map shows Red river having an eastward and ment in 1844. On this map appears Red river, whose course going from east to west from a point near the 94th degree of longitude is substantially westward along the whole line beAfter tween the Indian territory and Texas.

westward course just south of the 34th degree of latitude, and marking the southern line of Indian territory. 14. Colton's map of the United States, published in 1848, shows Red river forking near the 98th meridian, one *[57

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other maps, namely: 1. A map of the state of Texas purporting to have been compiled by Stephen F. Austin and published at Philadelphia by H. S. Tanner in 1837. The original is in the general land office of Texas, and upon it is the certificate of the commissioner of such land office, dated March 13, 1882, showing that it was temporarily deposited in that office. 2. A map of Texas purporting to have been compiled from surveys on record in the general land office of the Republic of Texas, in the year 1839, by Richard S. Hunt and Jesse F. Randel. Upon this map is a certificate of the secretary of state of Texas, approving the map, and stating that it had been compiled "from the best and most recent authorities." This certificate is followed by one from the commissioner of the general land office of the Republic of Texas, dated April 25, 1839, stating that "the compiler of this map has had access to the records of this office, and that the map was compiled from them." 3. Disturnel's map of the United States of Mexico, published in 1847 and used at the making of the treaty of Gaudalupe Hidalgo. 4. A map prepared for the President of the United States under the direction of the commissioner of the land office in 1849. 5. A travelers' map of the state of Texas, "compiled from the records of the general land office, the maps of the coast survey, the reports of the boundary commission, and various other military surveys and reconnoissances, by Charles W. Pressler." This map was published in 1867. The author held a position in the land office of Texas for more than thirty years.

fork extending westwardly and northwestwardly toward Santa Fé, marked "Rio Roxo or Red river" between 100° and 102°, and "Red river" between 102° and 104°. 15. Cordova's map of the state of Texas, "compiled from the records of the general land office of the state by Robert Creuzbaur," and published in 1849. Creuzbaur entered the land office in Texas before the admission of that state into the Union, and remained there for many years. While there he never heard of any claim by Texas to the territory now called Greer county. Upon the original of this map is a certificate by Thomas W. Ward, commissioner of the land office of Texas from January 5, 1841, to March 20, 1848, and also a certificate by his successor, George W. Smyth. Ward certified that the map had been compiled by Creuzbaur from the records of the general land office of Texas, and that it was the most correct representation of the state he had seen or which had come to his knowledge; "the meanders of the 59]*rivers are all correctly represented, being made from actual survey.' Smyth certified that he "has no hesitancy in declaring it as his firm conviction that this map is a very correct representation of the state, representing all returns up to date, having been compiled with great care from the records of the general land office." On this map is also the certificate of the governor and secretary of state as to the official character of Ward and Smyth. It is further attested, under date of August 12, 1848, by Senators Rusk and Houston and by Representatives Kauffman and Pilsbury, as follows: "We, the undersigned Senators and Representatives from the state of Texas, do hereby certify that we have carefully examined J. de Cordova's map of the state of Texas, compiled by R. Creuzbaur from the records of the general land office of Texas, and have no hesitation in saying that no map could surpass this in accuracy and fidelity. It has delineated upon it every county in the state, its towns, rivers, and streams, and we cordially recommend it to every person who desires correct geographical information of our state. To the persons desirous of visiting Texas it would be invaluable." 16. Mitchell's New Atlas of North & South America, published by Thomas Cowperthwaite & Co., Philadelphia, 1851, shows on the map of Texas a river marked "Red river," whose course, after the latitude midway between 33° and 34° is reached, is westward. It continues in a westerly direction with scarcely any change until it reaches the 102d meridian, and then turns northwestwardly in the direction of Santa Fé. All of these maps place thé territory in dispute east of the 100th meridian and north of the southern line of the Indian territory as that line is claimed by the United States. They are all inaccurate, if any part of that territory is within the limits of Texas. No one of them so locates Red river that its course, going west-Texas complained. Connected with that matward (from the point where the line between Texas and Louisiana intersects the Red river) to the 100th meridian would take the line of the treaty of 1819 up the north fork of Red river until it intersected that meridian near the 35th degree of latitude.

The conclusion to be drawn from the maps 60] to which we *have referred is sustained by

But it is said that the United States has in many ways, and during a very long period, recognized the claim of Texas to the territory in dispute, and upon principles of justice and equity should not be heard at this late day to question the title of the state.

Is there any basis for the suggestion that the United States has ever acquiesced in the claim of the state that the treaty line westward along Red river to the 100th meridian follows the course of the north fork from its mouth northwardly and north westwardly until that meridian is reached at a point *north of the 35th [61 degree of latitude? This question deserves the most careful examination, for long acquiescence by the general government in the claim of Texas would be entitled to great weight.

In support of the suggestion that the United States has recognized the claim of Texas, reference is made to the fact that in 1843 some Texan troops under the command of Colonel Snively went into the territory here in dispute, and were arrested and disarmed by Captain Cooke of the United States Army, who had been specially assigned to the duty of protecting caravans of Santa Fé traders through the territories of the United States to the Texan frontier. Of his conduct the Republic of

ter was an alleged forcible entry into the custom-house at Bryarly's Landing on Red river by certain citizens of the United States, and the taking therefrom of goods that had been seized as forfeited under the laws of Texas. The settlement of that dispute between the two governments is now relied on as showing a recognition by the United States of the claim

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