The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-18

single stream going up northwestward to
the thirty-fiith degree OF north latitude,
leaving out entirely any delineation OF
Pease river coming in on the south side
above the Big Wichita, and also Ke-che-
aqua homo coming In above Pease river.
showing that he had no information OF
those two streams. though he had the
general Idea that Red River bore up 70
the n rthwest In going up to its source.
Notwithstanding the discrepancies and
inaccuracies IN the maps, the conclusion
Is inevitable that both before anu AFTER
the treaty OF 1919 IL was known that there
was river called Red River, whose head
waters were to be found at or nboya
latitude thirty-hve degrees north, and
that II ran from its source. with numor-
GUS changes In It's course, In a southeast
erly direction, conforming irregularly 10
line from Santa Fe in New Mexico 10
Natchitocnes In Louisiana, both OF which
places once belonged 10 Spain, and both
OF which were for a long time ceuters Of
trade with The tribes OF Ipdlans IN the
vast r. glOns OF unsettled country between
them. st. Louis, n Missouri. was at an
early day such center, whose trade
reached out as far as and beyond Santa
Fe In Mexico. Nacogdoches, San An
tonic and FL Paso were also, TO q more
limited extent, such centers OF trade.
Previous 10 1878, the date or MelIsh's map,
IL must have been ffom explorers, trav-
elers, aud traders going from these CEN
tiers into the vast coantry embraced with
in the circuit which they formed, that In
formation could be derived about the
country. The names given TO the rivers
and their tributaries, or at least the SPELL
Ing or pronunciation OF them, indicated
what centers had furnished the explorers,
travellers and traders, who had trayersed
The dineren parts OF this extensive inte-
rlor country, and had given Information
concerning IL. Hence in the eastern Fart
OF IL the pronunciation, and sometimes
The spelling, OF the names OF tho rivers
and OF their tributaries are French, as
Rio Roxo, Washita, Arkansas, Kansas,
and In the west and south are SPANS AZ
Puerco or Pecos, Nueces, Guadaloupe.
Colorado, BRACES de bios, Trinity (Trlni-
dad), Neches, and Angelina. At the Pc
Rod spoken Of, there was n large central
territory that had never been explored,
which was inhabited only by the rowing
Comanche Indians, and by other rowing
tribes. The region south OF the river
OF that unknown country. Those rowing
Indians, continuing long afterwards 70
occupy II, and being, as IL well known,
averse 10 any white man finding 10 out by
traversing It, IL remained an unknown
country until IL was explored by Capt.
Marcy in 1852, when he founi river
that, he says, had never been seen by
neither n French, nor s anish, nor an
English name, but was called by the fn<
dams Ke-ehe-a-qua no. no. Thista round
TO be large stream. running TO and
forming ajunetion with the stream pre-
viously known and named and called Red
River. or Rio Roxo OF Natchitoehes.
The source Of that stream, now known
rs the south fork, Is At about S41< degrees
north latitude, and after It's small head
waters collect, 1t runs nearly In n straight
course little south OF east 10 the juno
tion. Melish's map OF 1918 exhibits no
such stream, and II IL quite certain that
the existence of such u stream was then
entirely unknown to white men ynSeuis<
therefore, hardly possible that Mel
tended to delineate upon his map o.
the south fork as part Of the river
known rs Red River.
In law, rs we'll as in reason, the sa
rules OF construction wiuld be applied
a boundary line prescribed to be run -
tween two states or nations as to that be-
tween two surveys OF land owned by Diff !
ferent individuals. In either case where
q natural object, such as n stream, 10
called for and dellneated on the map and
desi gnated by name, the stream after
wards Isund to correspond most nearly
with - deltneHted on the map, espe-
cially when IL could be satisfactorily
shown that at the time the line was pre-.
scribed 1t was known by the name desfx-
mated, would certainly control In fnding>-S
the true line. IL would be immateIial n
another longer and larger branch OF the
same stream had afterwards boen
found and called by that name, end
the stream indicsteG on the msp had
partially lost the name by which it
was designated. The certainty would be
great y increased II It could be shown
that the larger stream did not correspond
In its source and course with the stream
deliEeated on the map, was not known
TO exist for many years after the line was
and when found bore q diff
ferent name from the one on the map, and
the one on the map-was never called or
known by any other name than that de-
until the larger stfeam was dis
covered.
1t is unnecessary to discuss the cor
rectness of this proposition or to make
the application of It TO the matter under
consideration. Both are too plain for
further discussion.
When the line may be run under this
rule, with knowledge OF all the facts,
the territory OF Greer county between
the forks OF the two streams will be found
TO belong 10 Texas.
For many years after the late civil war,
this claim OF Texas receiver but little at
tentiOn. The valuable lands within t.,
and the growing scarcity OF public lands
subject to location, caused the subject {,
before and after became governor, four
years ago. But few persons then knew
anything of its history. Melish's map. re- =
TERED to in the treaty, was not accessible.
and the recent maps laid down the courss
Of Red River and its prominent branches -
In way to discourage Investigation. The y
authorities Of the United States had o.
tablished an initial corner on the south
fork of Red River, In the line claimed TO
be the Tooth degree of longitude, had SEQ
tiOnizeu the country east OF that line, and
protected it from settlementof white peo~
pie. as O part OF the Indian Territory.
Still 1t was said that during Gen. Hous-
toms administration, in 1890, there
was an effort by joint commission
10 establish the boundary line, which
had failed, and that Gen. Houston
then commended that the line should run
up the north fork of Red river. His ex-
tensive information Of this frontier coun-
try and It's history inspired confidence In
the merits of the claim OF Texas, notwith>
standing all the discOuraging facts men
toned. Application was made to me "a
know II would sign the patents II cer4
lifcates were located and surveyed IN
Greer county. Under the then existing
felt It 10 be my duty 10
discourage such locations, as they night
De 10 our prejudice IN the settlement Of
bur claim with the United States, when
aimed.
Pursuant to that policy, Senator A. W.
Ter Q !, who had confidence ia our claim.
md took lively interest in the adoption
u such measures as might secure IL. pre-
} red and had introduced In the senate
)ill, which promptly passed both houses
II the legislature early In the regular ser
ION OF 1879, ito set aside the public
ands embraced within the territorial
Units of the county OF Greer to educa~
ional purposes and for the payment OF
he public debt" II was then believed
hat the United States would be more
avorably inclined to recognize the claim
II Texas II the lands should Do
evoted 70 such meritorious objects Of pablio
Iature.
But little progress, II any.was made IN THE
natter until after the seventeenth legislstnre.
Z Its regular session 10 1888, passed q Jaw grant
ng land certificates Of twelve hnDefed acres 70
be Texas veterans OF 1896. Whereupon Col.
fohn NJ. 5wisbcr, one OF the faId veterans, IN
eryiewed me AZ 70 the propfety and prnctics-
,ility Of getting the Legislatures TO psse law
flowing There veteran certificates 70 be located
q Greer county. Ny reply was, that II tho
4 i'm Of Texas could be estaplished and recoT~
D rove any act OF the Legislature allowing these
. eran certificates TO be located In Greer
ounty, provide the veterans retained an inter
1T in the land located, and their locations Be
D ade 80 az not 70 diminish the amount 81
ands therein devoted to public free ,ehools.
Col. Swisher went TO work 70 prOcuro an
gency TO locate these certificates, 10 get mp n
1hnence by which the claim 10 Greer county
ould be settled by joint commission, and "a
srret out VII OF the sources Of irfofmation, ana
ring to light the authentic facts for the c1fab-
shment Of our claim. He claims 70 have
iDety-eiYht certificates 70 locate, ~ which the
eferAns have retained eubetantial iul1IUoI.
nd, that be has advanced TO them, 10 enable
be m 10 retain that interest, and 70 prevent