a.., . 

Honorable Homer Garrison, Jr., Director 

Texas Department of Public Safety 

Camp Mabrg 

Austin 9, Texas 

Dear Mr. Garrison:' Opinion No. O-7190 

Re: What comprises the boundary 

of the States of Louisiana 

and Texas relative to the 

Sabine River. 

We are in receipt of your letter of recent date requesting our opinion on the above captioned matter, which reads as 

follows: 

"We have been requested by Captain H. B. Purvls 

of the Texas Rangers, stationed in Houston, to obtain from you an opinion determining the boundary of 

the State of Louisiana in relation to the Sabine River. 

"It is Captain Purvis's understanding that the 

State of Louislana has jurisdiction to the west bank 

of the Sabine River through a treaty agreement between the two states. 

"Any information that you might be able to give 

us on this subject would be greatly appreciated." 

In order to properly determine the boundary between the 

two states involved, it 1s necessary for us to give a short summary of the history of both states. 

The original territory of Louisiana was acquired 

France In 1803. A portion of this territory comprising 

of the present State of Louisiana and the area south of 

tude 310 eastward to the Perdido, claimed by the United 

from 

part 

latiStates 

as part of the Louisiana purchase, was organized into a territorg under the name of Orleans, and the rest of the Louisiana 

purchase was named the District of Louisiana (2 Stat. L. 283). 

This name was changed to the Terrltory of Louisiana by act of 

March 3, 1805, 2d Stat. L. 331 and by act of congress of April 

8, 1812, (2Stat. L. 7O2), effective April 30, the territory of 

Orleans, except the area north and east of Lake Pontchartraln, 
Honorable Homer Garrison, Jr., page 2 O-7190 

which was added by a later act, was admitted as a State under 

the name of Loulsiana and by the act of June 4, 1812 the name 

of the territory of Louislana was changed to Missouri terrltory. In the same year the limits of the state were enlarged 

on the southeast to their present extent, 2d Stat. L. 708. 

The United States claim to the area between the Sabine and 

Mississippi was not recognized by Spaln until 1819 (see treaty 

between the United States and Spain, 1819). 

The act approved March 26, 1804 (2d Stat. L. 283) defines 

the territory of Orleans as: 

"Beginning at the mouth of the river Sablne; thence 

bv a line to be drawn along the middle of said river, 

including all islands, to the thirty-second degree of 

latitude: thence due north. to the northernmost Dart of 

the thirty-third degree of>north latitude; thence~along 

the said parallel of latitude to the river Mississippi; 

thence down the said river to the river Iberville, and 

from thence along the middle of the said river and lakes 

Maurepas and Pontchartrain to the Gulf of Mexico; thence, 

bounded by the said gulf, to the place of beginning, lneluding all islands within three leagues of the coast." 

(Emphasis added). 

The land enclosed in the above field notes to the territory of Orleans, was admitted as a State under the name of Louisiana. 

Texas declared its independence of Mexico in 1835. In 

1836 the Congress of the Republic of Texas defined the boundary as extending south and west to the Rio Grande and northward 

from the source of that river to the 42na parallel, the eastern 

and northern limits coinciding with the western boundary of the 

United States as laid down In the treaty with Spain in 1819. 

This area comprised all of the former Mexican states of Coahuila 

and Texas. The boundary as fixed by the treaty of 1819 was 

reaffirmed by treaty with Mexico concluded January 12, 1828, 

Mexico having in the meantime gained its independence from 

Spain. This treaty with Spain became effective February 22, 

1821 by presidential proclamation. These boundaries were 

formally recognized by the United States, Act of September 9, 

1850. 9 Stat. L. 447. See Spillman, W. J., Adjustments of 

the Texas Boundary of 18 0; Texas Historical Association Quarterly, October 1902 and 3 anuary 190 4. 

The Eastern boundary of the Republic of Texas, which 

followed the west bank of the Sabine river, was surveyed in 

1840 by a joint commission representing the United States and 

Texas. From the Gulf to Logans Ferry, the observed latitude 
. . 

Honorable Homer Garrison, Jr., page 3 O-7190 

of which was found to be 31° 581 24" and the longitude 940 00' 

02.4". the initial mark of this survey was a mound of earth 

50 ft. in diameter about 7 ft. high on the shore of the gulf, 

the position of which was reported as latitude 2p" 41' 27.5" 

longitude 93' 50' 14.2". See Marshall, T. M. a History of the 

Western Boundary of the Louisiana Purchase, Chap. 12, Berkeley, 

Univ. Calif. press, 1914. 

On December 29 1845, Texas was admitted as a State. p 

Stat. L. 108. In 1846 the Eastern boundary of the State wasp 

extended, as noted in the following extract: (9 Stat. L. 245). 

"That this Congress consents that the Legislature of 

the State of Texas may extend her eastern boundary so as 

to include within her limits one-half of Sablne Pass, onehalf of Sabine Lake, also one-half of Sabine River, from 

its mouth as far north as the thirty-second degree of 

north latitude." 

By an act of the Legislature of the State of Texas, approved November 24, 1849, the Eastern boundary of Texas was 

fixed in the following language: 

"Be it enacted by the Legislature of the State of 

Texas, that in accordance with the consent of the Congress 

of the United States, given by an act of said Congress, 

approved July 5th, 1848, the Eastern Boundary of the State 

of Texas be, and the same is hereby extended so as to include within the limits of the State of Texas, the western 

half of Sabine Pass, Sabine Lake and Sabine River from its 

mouth as far north as the thirty-second degree of north 

latitude; and that the several counties of this State, 

bounded by said Sabine Pass, Sabine Lake and Sabine River 

from its mouth as far north as the thirty-second degree of 

north latitude, shall have and exercise jurisdiction over 

such portions of the western half of said Pass, Lake and 

River as are opposite to said counties respectively;" 

The United States entered into a treaty with Spain on 

February 22, 1819. The third article in this treaty defines the 

boundary between the United States and the Spanish possession 

in the Southwest as follows: 

"Article III. The boundary line between the two 

countries; west of the Mississippi, shall begin on 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; . . . All the islands 

in the Sabine, and the said Red and Arkansas Rivers, 

throughout the course thus described, to belong to the 
Honorable Homer Garrison, J'r., page 4 &7193 

United States; but the use of the waters, and the nesvipetion 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." 

Thus it is seen that in 1819 the western half of .the 

Sabine River constituted United States Territory. 

The following rules as to how boundariies between countrfes 

and states are established and changed seem to be universallg 

recognized: 

1. Boundaries between countries are established by 

treaties made between the sovereign powers concerned. See 

Brigham, A.P., Principles in the Determination of Boundaries: 

Geog. Rev., Vol VII p. 201-219, 1919. 

2. Boundaries between two States of the United States 

may be changed by agreement of the State legislatures, but 

this agreement must be approved by Congress. The United 

States Congress can not change a State boundary without 

the consent of the State, nor can two Sta,tes by mutual 

agreement change their common boundaries without the consent of Congress. Ct. Reports, II Wallace, pages 

39-59 (78 U.S. 3g-5~$si4ZIs. 502). 

3. A boundary between a State and a Territory is 

fixed by joint action of Congress and the State. Bourtdsr~! es

between Territories are fixed by congressional action alone. 

148 U.S. 503. 

4. If a boundary line described as following the 

middle of the river intersects an island, it is the usual 

policy to give the entire island to the State or Government to which the greater part would fall. 206 U.S. 46; 

259 U.S. 419. 

5. Where running streams are the boundaries 'between 

States, when the bed and channel are changed by the natural 

and gradual processes known as erosion and accretion, the 

boundary follows the varying course of the stream (See 265 

U.S. 499); while if the stream from any cause, natural or 

artificial, suddenly leaves its old bed and forms a new 

one, by the process known as avulsion, the resulting change 

of channel works no change of boundary, which remains in 

the middle of the old channel (or on one bank as 30 fixed 

b statute) although no water may be flowing in It. (See 

2 5; 6U.S. 173). 
-- 1 

Honorable Homer Garrison, Jr., page 5 o-7190 

By applying the above rules of law, to the facts as above 

set forth, it is our opinion that the western boundary of Loulsiana, Insofar as it relates to the Sabine River, Is the middle 

of said river as it existed in 1804, subject to whatever changes 

that may have occurred by reason of erosion and accretion, and 

that the eastern boundary of Texas, insofar as it relates to 

the Sabine River, is the middle of said river as Ft existed in 

1821, subject to whatever changes that may have occurred by 

reason of erosion and accretion. 

In the absence of proof to the contrary it would be presumed that the river's location in 1804, in 1946 and in all lntervening years was in the same place. Hence, until otherwise 

shown, the middle of said River as it now exists constitutes 

the common boundary line between said States. 

In all statements in which the Sabine River is mentioned, 

such reference is limited to that portion of said river between 

its mouth and the thirty-second degree of latitude. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By W.V. Geppert /s/ 

W. V. Geppert 

Assistant 

WVG:ms:wc 

APPROVED MAY 9, 1946 

s/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

This Opinion Considered And Approved In Limited Conference