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tory and the Louisiana territory. The "commissaries" were probably appointed, but no final decision resulted from their labors (Hermann, 1900, p. 55-59; Bond, 1912).

The western boundary of the Louisiana Purchase is the western boundary of the Mississippi drainage basin as claimed by La Salle. Whatever the northern and northeastern boundaries of the Louisiana Purchase may be considered, there is no doubt that they included the drainage basin of the Missouri south of the 49th parallel and the western drainage basin of the Mississippi from its source to the Gulf of Mexico.

FLORIDA PURCHASE 38

The second addition to the territory of the United States consisted of the Floridas, ceded by Spain in 1819 in exchange for large areas west of the Mississippi River relinquished by the United States to Spain and the assumption by the United States of all claims of its citizens against Spain for damages received, to an amount not exceeding $5 million, Spain likewise assuming responsibility for claims of its citizens against the United States.

From the date of the Louisiana Purchase, in 1803, the territory known as West Florida and bounded by the Mississippi River on the west, the Perdido on the east, the parallel of 31° on the north, and the Gulf of Mexico on the south, had been in dispute between the two countries. During at least part of this time it had been practically in the possession of the United States. The clause from the treaty of San Ildefonso quoted on page 36 was interpreted by Jefferson and others in this country to mean the inclusion of West Florida. Their reasoning was this: In 1800 Spain owned West Florida; West Florida was once a part of Louisiana; in 1800 Spain receded Louisiana to France; she therefore receded West Florida with it.

Spain, however, held that this was merely a treaty of recession, by which she gave back to France what France had given to her in 1762. As in 1762 she did not own West Florida, she could not. have receded it to France. Barbé-Marbois, the French plenipotentiary, was very positive in stating that West Florida formed no part of the Louisiana Purchase, and that the southeastern boundary of that purchase consisted of the Iberville River and Lakes Maurepas and Pontchartrain. (See fig. 16.)

Immediately after the Louisiana Purchase was acquired, the claim was made by the United States that it included most of West Florida and part of the Texas coast, but this claim was not entertained by

For a historical sketch of the Florida Purchase and of events leading to its acquisition, see Hinsdale (1893, p. 330–366) and Mowry (1902, chap. 4).

Spain. In 1810 a revolution was effected in that part of West Florida lying west of the Pearl River, and application was made by the inhabitants for annexation, to the United States. The governor of Louisiana, under instructions from Washington, at once took possession. Immediately a counter revolution was organized against him, but it was put down by force of arms, and in 1812 this part of West Florida was included in the State of Louisiana (2 Stat. L. 708). In the meantime the insurrection spread eastward and, although put down by the Spanish authorities, the movement received the sympathy of the United States, and Congress passed an act, approved January 15, 1811 (3 Stat. L. 471), authorizing the President, under certain specified contingencies, to use force in taking possession of East Florida and appropriating $100,000 for carrying the act into effect." In 1812 that part of West Florida lying between the Perdido and Pearl Rivers was annexed to the Territory of Mississippi. (See p. 168.)

39

The treaty of February 22, 1819, with Spain settled these conflicting claims (Cox, 1918; Paxson, 1924, chap. 16) by the following clause: ARTICLE II. His Catholic Majesty cedes to the United States in full property and sovereignty, all the territories which belong to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said province * are included in this article.

[Malloy, 1910, v. 2, p. 1652; see also T. M. Marshall, 1914, p. 46-85.]

The third article in this treaty defines the boundary between the United States and the Spanish possessions in the Southwest as follows:

ARTICLE III. The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32nd degree of latitude; thence, by a line due north to the degree of latitude where it strikes the Rio Roxo of Nachitoches, 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,

The publication of this act before the end of the following session of Congress was forbidden by act of Mar. 3, 1811 (3 Stat. L. 472).

40 The zero point of the London meridian is the cross on St. Paul's Cathedral in London, which is 0°05'48.356" (4.17 miles) west of Greenwich (Ordnance Survey of Great Britain, letter of Sept. 6, 1927). For reference to the establishment of the meridians of London and Greenwich, see The Mariner's Mirror, v. 13, no. 2, London, Cambridge Press, April, 1927. Longitudes on the Mitchell map of 1755 (see p. 3) are referred to the London meridian. The Melish map of 1818 has the degrees west of London indicated along the lower edge, and the degrees west of Washington near the upper edge; the 0° of the Washington meridian coincides with 77° west of London. In 1804 a line through the center of the White House was run out and marked for the zero of the Washington meridian. This line is 76°56'25' west of London. It will be seen from these statements that the location of this boundary was somewhat uncertain, but the position was recognized as the 100th degree west of Greenwich in acts of Sept. 9, 1850, and June 5, 1858. (See p. 198.)

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 1st of January, 1818. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due south or north, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said parallel, to the South Sea: All the islands in the Sabine, and the said Red and Arkansas Rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on their respective banks, shall be common to the respective inhabitants of both nations.

This treaty was ratified promptly by the U.S. Senate, but Spain did not ratify it until October 20, 1820, which was after the time allowed for ratification had expired. The U.S. Senate again ratified it February 19, 1821, and it was proclaimed by the President February 22,

1821.

The western boundary of the United States south of lat 42° N. as fixed by this treaty was confirmed by Mexico by treaty concluded January 12, 1828, Mexico having in the meantime gained her independence from Spain. (Malloy, 1910, v. 1, p. 1082.)

41

TEXAS ACCESSION

The next acquisition of territory was that of the Republic of Texas, which was admitted as a State by joint resolution of December 29, 1845. The area which Texas brought into the Union was limited as follows, as defined by the Republic of Texas, December 19, 1836 (see fig. 21 and Laws of the Republic of Texas, 1838, Houston, v. 1, p. 133).

Beginning at the mouth of the Sabine River and running west along the Gulf of Mexico three leagues from land to the mouth of the Rio Grande, thence up the principal stream of said river to its source, thence due north to the fortysecond degree of north latitude, thence along the boundary line as defined in the treaty between Spain and the United States to the beginning.

The claim by Texas to land north to the 42d parallel and west and south to the Rio Grande was based in part on a secret treaty between President Santa Anna of Mexico and officers of the Texas army at the end of the war between Mexico and Texas in 1836.

FIRST MEXICAN CESSION

In 1848 the treaty of Guadalupe-Hidalgo added to the country the area of California, Nevada, Utah, and parts of Colorado, Arizona, and New Mexico. (See fig. 3.) This treaty was concluded February 2, 1848, and proclaimed July 4, 1848. The clauses in it defining

49 Stat. L. 108. For reference to efforts made by the United States to acquire Texas between 1829 and 1835 by purchase or otherwise, see T. M. Marshall (1914, v. 2, p. 86–112).

U.S. acquisition of territory are as follows (Malloy, 1910, v. 1, p. 1109):

ARTICLE V. The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called the Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same;) thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean.

The southern and western limits of New Mexico, mentioned in this article, are those laid down in the map entitled "Map of the United Mexican States, as organized and defined by various acts of the Congress of said republic, and constructed according to the best authorities. Revised edition. Published at New York in 1847, by J. Disturnell;" of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned Plenipotentiaries. And in order to preclude all difficulty in tracing upon the ground the limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean, distant one marine league due south of the southermost point of the port of San Diego, according to the plan of said port made in the year 1782 by Don Juan Pantoja, second sailing-master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of the schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed, and sealed by the respective plenipotentiaries.

For this vast territory the United States agreed to pay $15 million, of which $3 million was to be paid when the treaty was ratified and the remainder in annual installments of $3 million each, with interest at 6 percent. Besides this, the United States assumed the liability for certain claims against Mexico, not to exceed a total of $3,250,000.

Much difficulty followed in the interpretation of this treaty. A joint commission of the two Governments was formed, consisting of a commissioner and a chief surveyor from each. They were instructed that any decision upon the interpretation of the treaty must be agreed to unanimously.

Under the direction of the commissioners the initial point of the boundary between Upper and Lower California was established on the Pacific coast and marked by a substantial monument. A similar determination was made at the eastern extremity of this line, at the junction of the Gila and Colorado Rivers, where another monument was placed.

Between these points the line was run and marked with five intermediate monuments."

Monument 258 is the final marker on the west. It is about 200 yards from the shoreline of the Pacific, and is a 14-foot white marble shaft enclosed by a 7-foot iron picket fence. Its geodetic position is lat 32°32′03.82" N., long 117°07'18.84" W., 1927 N.A.D.

The most difficult question that came before the commission for decision concerned the location and extent of the south boundary of New Mexico. Here, unfortunately, the Disturnell map left room for broad differences of opinion. The town called Paso (now named Juarez) was located on the map more than half a degree too far north and nearly 2° too far east. In the absence of the chief surveyor for the United States, the three other members of the commission agreed to accept the position of the south boundary of New Mexico as shown by the projection lines on the map (lat 32°22′ N.); to run a line in that latitude 3° west from the Rio Grande and thence north until a branch of the Gila River was intersected. In accordance with this decision a durable monument was erected on the bank of the Rio Grande, in lat 32°22′ N., and the running of the line westward was begun. (See fig. 31.) After 12° had been run, the chief surveyor for the United States arrived, learned what had been done, and made a vigorous protest against this interpretation of the map. This protest caused the sudden stoppage of the work of running the line and the repudiation of the agreement by the U.S. Government. The United States claimed that the boundary should be located with reference to the town of Paso-the only definite point for it named in the treaty. Under this claim, according to later observations, the south boundary of New Mexico would be placed at about lat 31°52′ N., and it would extend west to long 109°30′ W. Negotiations followed, but no agreement had been reached before 1853, when the Gadsden Purchase made further discussion unnecessary.

GADSDEN PURCHASE

On December 30, 1853, a second purchase was made from Mexico consisting of a strip of land lying south of the Gila River in New Mexico and Arizona, the consideration being $10 million in gold. This is known as the Gadsden Purchase, from the name of the U.S. com

42 For reference to a mark established in 1773 for the separation of Upper and Lower California and for a description of the various lines proposed between 1845 and 1848 for the boundary between the United States and Mexico west of the Colorado River, see Hendry (1926). The mark of 1773 was at a point about 29 miles east of south of the Pacific terminus of the present boundary between the United States and Mexico. (Garber, 1923, p. 13; this book contains a bibliography of more than 200 titles relating to the two Mexican cessions.)

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