William O. Douglas

“ If the policy of measuring the zone of the United States as 'three leagues' into the Gulf off the shore of Texas is to give Texas property rights to the submerged lands in that zone, the beneficiaries of that concern should be all our Gulf States. At best the language used to describe the seaward territories of Louisiana, Alabama, and Mississippi is ambiguous. The words 'to the Gulf of Mexico * * * including all of the islands' within certain designated leagues of the shore can reasonably mean that the 'boundary line' is marked by the islands. ”

“ If we acted today with the precision and meticulous care which is demanded in title disputes, we could not, I think, say that the United States in the Treaty of Guadalupe Hidalgo recognized or approved the Texas claim that the territory of Texas extended three leagues from shore. ”

“ The acquisition of territory from Mexico as indemnity was repeated over and again by President Polk in his message of December 7, 1847. [5] Thus he said, '* * * if no Mexican territory was acquired, no indemnity could be obtained.' [6] Again, ' (t) he doctrine of no territory is the doctrine of no indemnity.' [7] And what he went on to say should remove any doubts about the nature of the controversy with Mexico. First, it will be apparent from what follows that 'three leagues' were not a part of his thinking when it came to the seaward boundary. ”