by John Marshall Harlan

“ Those who insist that the course should be north and northwestwardly for any material distance from the main river to the 100th meridian are under an obligation to sustain that position by such evidence as would justify the court in departing from the plain direction of the treaty to follow the Red river 'westward' to the named meridian. ”

“ A German atlas of America, published at Leipsic in 1830, contains a map which shows the boundary established in 1819 on the west side of Louisiana, and shows Red river along the whole southern line of theindian Territory. Coming into that river from the northwest, at 99° longitude, is an unmarked stream; and coming from the northwest, and emptying into Red river, at about 97° longitude, is another stream marked 'Falsche Washitta.' (10) Young's New Map of Texas, published at Philadelphia in 1835 by Mitchell, and a copy of part of which is given on the next page. ”

“ The United States, in consideration of said establishment of boundaries, cession of claim to territory and relinquishment of claims, will pay to the state of Texas the sum of ten millions of dollars in a stock bearing five per cent. ”

“ The question before us, we repeat, is one of law, and must be determined according to law. What may be fairly and justly demanded by the state, on account of moneys expended for the benefit of the inhabitants of the disputed territory, is a matter for the consideration of the legislative branch of the national government. ”

“ But one pool of fresh water was found throughout the entire distance, and the Indians told me they never went up this stream with their families, if it could be avoided, for the reason that the nauseous water frequently proved fatal to their children. Hence it is not surprising that but little, if anything, should have been known of this repulsive region before my exploration in 1852. And this probably accounts for the entire absence of most of its southern branches upon Melish's map. ”

“ It has remained unsettled for so long a time that it is not now so easy of so ution as it would have been when the facts were fresh in the minds of living witnesses who had more intimate knowledge of the circumstances than any one can now possibly have upon the most thorough investigation. ”

“ In execution of the treaty of 1855 the commissioner of Indian affairs made a contract with A. H. Jones and H. M. C. Brown for a survey of some of the boundaries of the original Choctaw and Chickasaw country. From the field notes of those surveyors, which were duly reported to the proper office, and certified to be correct by the astronomer and examiner of the Indian boundary survey, we make these extra ts: 'The initial monument for the 100th meridian west longitude boundary line between the state of Texas and the Choctaw and Chickasaw countries is established 30 chs. dist. ”

“ To the persons desirous of visiting Texas, it would be invaluable.' (16) Mitchell's New Atlas of North and 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, without scarcely any change, until it reaches the 102d meridian, and then turns northwestwardly in the direction of Santa F e. ”