Apaches Mescal

In view of the facts stated, particularly in view of Melish's knowledge of Pike's publication and the statements in his own work, it cannot be doubted that when the Melish map of 1818 was published it was believed that there was a Red river that continued without break from its source near Santa Fé or the *Snow mountains until it joined other [50 waters east and southeast of Natchitoches, near the Mississippi.

These are undoubtedly the Snow mountains | Mississippi." pp. 13, 39. See also third edireferred to in the letter of Mr. Adams to the tion of his work published in 1818, pp. 14, 42. Spanish minister, of October 31, 1818, in On Darby's map of the United States, inwhich, as we have seen, the former pro cluding Louisiana, published in 1818, and preposed that the line from east to west should fixed to his "Emigrant's Guide," appears the follow the course of Red river "to its source, "Red river of Natchitoches," formed by two touching the chain of the Snow mountains, in prongs, and extending southeastwardly from latitude 37° 25′ north, longitude 106° 15' west, a point near the intersection of the 107th deor thereabouts." East of the Snow moun- gree of longitude and the 40th degree of latitains, as delineated on these charts, are two tude to its junction with waters near the Misprongs or small streams, "Rio Rojo" and "Rio sissippi. East of the 100th meridian are two Moro," the source of the former being north unnamed streams coming from the northwest, east, and the latter nearly east, of Santa Fé. each much shorter than the main Red river, as The Rio Rojo rises between the 37th and 38th, delineated on that map. It is stated in this and the Rio Moro between the 36th and 37th, work that the Red river "rises near Santa Fé degrees of latitude, both near the 106th de- in N. lat. 37° 30′ and 29° west of Washington, gree of longitude. Between those prongs, on runs nearly parallel to the Arkansas, joins the one of the charts, are the words "Source of Mississippi at 31° N. lat. after a comparative Red river of the Mississippi." The prongs or course of 1,100 miles." p. 50. streams Rio Rojo and Rio Moro unite at about the 37th degree of latitude, and form one stream, marked on one chart as Red river, and on the other as "Rio Colorado [Red river] of Natchitoches." The stream thus formed runs for a short distance eastwardly, then Southeastwardly until it reaches a point a little west of the 100th meridian, then eastwardly, then a little northeastwardly, then southeastwardly, passing Natchitoches, to a junction with the Wichita river, near the Following the course of Red river as laid Mississippi river. It should also be stated that down on the Melish map of 1818, it is impos. on these charts is marked a road or line ex-sible to doubt that in the mind of Melish the tending from Tous (which is north of Santa Fé) through a gap of the Snow mountains, and thence along the north side of Red river. That line is described as "The route pursued by the Spanish cavalry,when going out from Santa Fé in search of the American exploring parties commanded by Major Sparks and Cap tain Pike in the year 1806." These charts or maps, in connection with the chart of the lower part of Red river, not here reproduced, also show throughout the entire distance from Natchitoches to the source of Red river near the Snow mountains, small streams emptying into the main river from the north and northwest, none of which, however, are marked with names; and that north of Red river, as de49] lineated by *Pike, and east of the 100th meridian of longitude, is an unnamed stream, not of great length, but having the same general course as the stream now known as the north fork of Red river.

Red river was the stream represented by Pike as having two prongs, Rio Rojo and Rio Moro, near Santa Fé, and as running without break, first easterly, then southeastwardly, then eastwardly for a comparatively short distance, and then southeastwardly to its mouth near the Mississippi river. On the north and east of Red river as thus marked, there was no stream connected with it that was marked by any name. There was an unnamed stream, on the north side of the main river, which emptied into the latter between the 101st and 102d degrees of west longitude as defined on that map. If regard be had alone to the map of 1818, it is more than probable that the river marked on it as having near its source two prongs, Rio Rojo and Rio Moro, and which formed one stream that continued without break southeastwardly, and into which, between the 101st and 102d degrees of longitude as marked on that map, came from the northwest an unnamed stream, was the river desig

the Red river of the treaty of 1819. The suggestion that the river marked on the Melish map as having two prongs, Rio Rojo and Rio Moro, and running southeastwardly, was the river now known as the north fork of the Red river, is without any substantial foundation upon which to rest. If the latter river is de

That prior to Melish's map of 1818 it was believed that the Red river that passed Natchi-nated on Pike's chart as Red river, and was toches had its source in the mountains near Santa Fé is manifest from Melish's own publications. In 1816 he published at Philadelphia a small book, with the title "A Geographical Description of the United States with the Contiguous British and Spanish Possessions." It accompanied his map of those countries. In that work it appears that he used Hum-lineated at all on the Melish map, it is the unboldt's map of 1804, and Pike's Travels. He said: "The Red river rises in the mountains to the eastward of Santa Fé, between north latitude 37° and 38°, and, pursuing a general southeast course, makes several remarkable bends, as exhibited on the map; but it receives no very considerable streams until it forms a junction with the Wachitta and its great mass of waters, a few miles before it reaches the

named stream that entered the main river from the northwest, between the 101st and 102d meridians as located on that map.

There is a large amount of evidence of a documentary character showing that this interpretation of the Melish map is correct. We have before us "A map of the United States, with the contiguous British and Spanish possessions, compiled from the latest and best au

thorities by John Melish." It was copyrighted | enterprise and science. The river marked on June 16, 1820, and published at Philadelphia that map as Red river east of the 100th meby Finlayson, the successor of Melish. A ridian has its source in the region of Santa Fé, part of that map is reproduced on the next page. It is spoken of as Melish's map of 1823, because that is the year to which it was 51]improved. *From that map it appears that a line up the Rio Roxo or Red river, from the northeastern corner of Texas to the 100th meridian, is substantially an east and west line, and that west of the 100th meridian it is west-On this map appears Red river, with its source ward and northwestwardly to a point near Santa Fé and the Snow mountains.

and corresponds with the Red river, or the Rio Colorado of Natchitoches, as delineated on Pike's map. 2. Morse's map of the United States, published in 1822, and which accompanied an official report made by him in that year to the Secretary of War of the conditions of the various Indian tribes of the country. not far from Santa Fé, and running southeastwardly to a short distance west of the 100th meridian, from which point it extends eastwardly all along the southern line of Indian territory, thence southeastwardly to the Mis

If the case depended upon that map it could not be doubted that the territory in dispute is outside of the limits of Texas. The direction of the treaty is to run westward, not north-sissippi. 3. Carey and Lea's atlas of 1822. westwardly, on Red river to the 100th meridian. According to the view pressed by the state, the true line extends from the junction of the north fork of Red river with Red river north wardly, then easterly, then north westwardly up that fork, although at such junction there is another wide stream, coming almost directly from the west, and which fully meets the requirement of the treaty to follow the course of the Red river westwardly to the 100th meridian. We do not feel authorized to assent to this view. In our judgment the direction in the treaty to follow the course of the Red river westward to the 100th meridian takes the line, not up the north fork, but westwardly with the river now known as the Prairie Dog Town fork, or south fork of Red river, until it reaches that meridian, thence due north to the point where Texas agreed that its line "on the north" should commence.

On this map appears Red river having a westward course the entire distance from about the 94th to the 102d degree of longitude, between the 33d and 34th degrees of latitude, and constituting the southern line of the Indian territory. Red river on this map has its source near the Snow mountains. 4. The map of Major Long, of the Topographical engineers, inscribed to Mr. Calhoun, Secretary of War, and published in 1822. On this map appears a river with its source near the mountains of Santa Fé, and running southeastwardly, then eastwardly to the 100th meridan, and continuing then eastwardly along the entire line between Indian territory and Texas. As delineated on Long's map, between the 103d and 101st meridians that river is marked "Rio Roxo or Red river," and near the *95th me-[55 ridian it is marked "Red river."_5. Tanner's map of North America 1822. 6. Tanner's map of North America (1823) shows a river on the south border of what is now Indian territory,

it passes the 100th meridian, there are prongs or streams north and south, and the river, near its end, after it has passed 25° west from Washington, is marked "Red river." Going off from the Red river at about 20° longitude west from Washington is the river marked "False Washitta," which comes from the northwest. Red river as marked on that map extends nearer to Santa Fé than the False Washitta. 7. Finley's American atlas 1826 shows Red river on the south boundary of Arkansas, whose course going from the east is westward until about the 100th meridian is reached, and west of the 100th meridian it is marked "R. Roxo or Red R." At longitude 20° west from Washington a river comes from the northwest marked "False Washitta." The extension marked as above is much longer than any

This conclusion is strongly fortified by an inspection of the numerous maps placed before us, and which were made prior to Feb-marked "Red river." On each side of it, after ruary 8, 1860, on which day the legislature of Texas, with knowledge that the territory in dispute was claimed by the United States, passed an act creating the county of Greer, and thereby assumed that it was part of the territory properly and rightfully belonging to that state at the time its independence was achieved, as well as when it was admitted into the Union. 2 Sayles, Early Laws of Texas, art. 2886. Every map before us, published after the treaty of 1819 and prior to 1860, beginning with the Melish map of 1823, shows that the line going from east to west followed the course of Red river westward until it crossed the true 100th meridian at or near the southwest corner of the territory designated as "Unassigned Land." Upon each and all of 54] these maps appear *streams coming from the northwest, having a northwest and south-stream emptying into Red river from the north east course, that empty into the main river. But none of those streams are marked as a part of the line established by the treaty of 1819. Among the maps to which we refer are the following: 1. "A Map of Mexico, Louisiana, and the Missouri Territory, including the States of Mississippi. Alabama Territory, East and West Florida, Georgia, South Carolina, and Part of the Island of Cuba," by John H. Robinson, M. D., copyrighted in 1819, and published at Philadelphia. The author is no doubt the gentleman of the same name who accompanied Major Pike in his expeditions, and is spoken of by that officer as a man of

or the northwest. 8. "A Completo Historical, Chronological, and Geographical American Atlas," published by Carey & Lea, at Philadelphia, in 1826, on which will be found marked Red river whose course going from east to west is westwardly past the 100th meridian and then northwestwardly in the direction of Santa Fé. At about the 98th meridian a much shorter stream comes into it from the northwest, and is unmarked. 9. 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