SUPREME COURT OF THE UNITED STATES
OCTOBER TERM. 1894.
No. 3 Original
THE UNITED STATES, COMPLAINANT,
VS.
THE STATE OF TEXAS.
IN EQUITY.
INDEX. i, ii-iii, iv-v, vi-vii, viii-ix

Original bill of complaint p1, 2-3, 4-5, 6-7, 8-9
Exhibit A – Proclamation of the President of the United States, December 30,1887 p10
Original answer p11, 12-13, 14-15, 16-17, 18-19, 20-21, 22-23, 24-25
Amended bill p26-27, 28
Exhibit A – Map p29
Exhibit B – Proclamation of the President of the United States, December 30, 1887 p30-31, 32-33, 34-35, 36-37, 38-39, 40
Answer to amended bill p41
Amended answer and motion to file same p42
Replication p43
Documentary evidence on the part of the United States p44
Notices as to filing testimony p44-45 , 46
Articles 3 and 4 of the treaty of limits between the United States and Spain, page 1016, Treaties and Conventions of the United States with other Powers, 1776 – 1877 p47
Article 1 from the treaty of limits between the United States and the United Mexican States, concluded January 12, 1828 page 661, Treaties and Conventions aforesaid p48
Articles 1 and 2 from the convention for marking the boundary between the United States and the Republic of Texas, concluded April 25, 1838, page 1079, Treaties and Conventions p49
Senate Ex. Doc. No. 199, Twenty – seventh Congress, second session, pages 9, 25, and 26 p49 , 50-51
Extract from the articles of annexation of Texas, page 44, vol. 1, Laws of Texas, fourth edition, Paschal’s Annotated Digest 51 Act of Republic of Texas, December 19, 1836 p52
Judd & Detweiler, Printers, Washington, D.C., June 1894.
Extract from act of Congress, September 9, 1850, as to the northern and western boundary of Texas p52
Extract from act of legislature of Texas, November 25, 1850, accepting proposition of the United States p53
Extract from “The Public Domain, its History, with Statistics,” by Thos. Donaldson, 1884, pages 134 and 135 p53, 54
Extract from act of legislature of Texas, approved February 11, 1854, for appointment of boundary commission p55
Extract from act of Congress approved June 5, 1858, as to Texas boundary p55
Senate Ex. Doc. No. 70, Forty-seventh Congress, first session – Letter from John H. Clark, commissioner, to Secretary of Interior, and extracts from the report of John H. Clark, commissioner, to J.M. Edmunds, Commissioner General Land Office, September 30, 1861 p55, 56-57, 58-59, 60-61, 62-63, 64-65, 66-67, 68-69, 70-71, 72
Certified copy of “field-notes, survey of the one hundredth meridian, west longitude,” by A.H. Jones and H.M.C. Brown p73, 74
Extracts from act of legislature of Texas, approved May 2, 1882, in relation to boundary line p75
Act of Congress approved January 31, 1885, as to the appointment of boundary commissioners p76
House Ex. Doc. No. 21, Fiftieth congress, first session p77, 78-79, 80-81, 82-83, 84-85, 86-87, 88-89, 90-91, 92-93, 94-95, 96-97, 98-99
Instructions from Governor Houston to Wm. H. Russell, and report on boundary survey by Wm. H. Russell, commissioner, pages 80 to 83, House Ex. Doc. 21, aforesaid p100-101, 102-103
Extracts from message of Governor Roberts in relation to Greer county, dated August 10, 1883 p104
Extract from communication of J.T. Brackenridge, chairman joint boundary commission of part of Texas, dated March 11, 1886, from page 21, House Ex. Doc. 2, aforesaid p107
Extract from Senate Ex. Doc. No. 70, aforesaid pages 137 and139 p108
Extract from letter of governor of Texas to Secretary of Interior, dated December 14, 1885, from pages 168,169, House Ex. Doc. 21, aforesaid p108
House Ex. Doc. 271, Twenty-eighth Congress, first session, pages 56, 57 p108
Certified copy of record from War Department of General Orders No. 19, dated April 24, 1844 p109
Article 2, treaty of limits between the United States and Choctaw Indians, proclaimed January 8, 1821 (p. 211, U.S. Statutes at Large, vol. 7) p110
Extract from article 2, treaty of limits made with Choctaw nation February 24, 1831 (p. 333, id.) p110
Articles 1 and 9 of treaty with Choctaws and Chickasaws, dated June 22, 1855 (pp. 611 and 613, U.S. Statutes at Large, vol. 11) p110
Extract from article 3 of treaty with Choctaws and Chickasaws, April 28, 1866 (p.769, U.S. Statutes at Large, vol. 14 p111
Report No. 3147, House of representatives, Fifty-first Congress, first session p111
Map No. 18, printed with Senate Miss. Doc. No. 107, Fifty-first Congress, first session p112
Certified extracts from the letters and papers on file in the Interior Department relating to the Greer county controversy, all dated prior to the President’s proclamation of December 30, 1887 p113
Petition of Texas veterans to Congress, dated March, 1882, page 4 p116
Index III
Extracts from argument adopted by the Texas members of joint boundary commission of 1886 p117
Concluding work of boundary commission, from page 165 to 168, House Ex. Doc. 21 p121
Additional extracts from Humboldt’s New Spain as follows: From chapter on “geographical introduction,” vol. 1, page 4, from pages 49-55, and 64 p126
Notice as to – filing testimony p127
House Resolution 1715, Forty-seventh Congress, first session p128
House Report 1282, Forty-seventh Congress p128
House resolution 223, with Report 1282 p136
Section 25 of act to provide temporary government for the Territory of Oklahoma p137
Extract from President’s message to Twenty-eighth Congress p137
Letter of Mr. Calhoun to Mr. Van Zandt p138
Letter of Mr. Van Zandt to Mr. Calhoun p139
Extract from letter of Secretary Teller to the President p139
Extract from section 2, U.S. Statutes at Large, 1847, as to the Snively claim p143
Additional documentary evidence on the part of the United States p143
Notice as to filing additional evidence p143
Extract from “An Account of a Journey Through Northeastern Texas” p144
Extracts from “A Geographical and Historical View of Texas” p145
Extracts from certified translations of Spanish records in Texas land office p146
Extracts from certified translations of Spanish records in Texas land office p148
Certified copies of papers from War Department p149
Orders No. 107, fort Sill I.T., June 25, 1884 p150
Letter, Lieutenant crane to Assistant Adjutant General, July 5, 1884 p151
Letter, General Augur to Lieutenant Crane, July 21, 1884 p152
Certified copies of papers from Interior Department p153
Letter, Secretary Teller to Secretary Lincoln, June 2, 1884 p153
Letter, Governor Ireland to Secretary Teller, July 14, 1884 p153
Letter, Acting Secretary Joslyn to Governor Ireland, July 28, 1884 p154
Letter, Senator Coke to Secretary Teller, September 5, 1884 p155
Letter, Secretary Teller to Secretary Lincoln, September 23, 1884 p156
Letter, Secretary Teller to Senator Coke, September 24, 1884 p156
Letter, Secretary Lincoln to Secretary of Interior, September 27, 1884 p157
Documentary evidence in rebuttal on part of complainant p157
Notice as to filing testimony p157
Proclamation of the President of the United States, July 1, 1884 p159
Certified copies of papers from War Department p160
Letter, captain Van Dorn to Major Emory, October 25, 1858 p161
Letter, Daniel G. Major to Major Emory, November 22, 1858 p161
Letter, Captain Van Dorn to Captain Withers, May 13, 1859 p162
Map of leased portion of Choctaw and Chickasaw nation p162
Extracts from House Ex. Doc. No. 21, Fiftieth Congress, first session, being report of boundary commission p163
Extracts from “A Geographical and Historical View of Texas,” &c p164
Extract from “Letter and Notes on the Manners, Customs, and Conditions of the North American Indians” p166
Index IV
Extracts from “Commerce of the Prairies,” &c p166
Outline of Hunt & Randel’s map of Texas p169
Outline of map of Texas published by George Conclin, 1840 p170
Extract from page 47 of George Catlin Indian Gallery p171
Outline map of Indian localities in 1883 p171
Extracts from “Rangers and Pioneers of Texas” p171
Letter, J.H. Strain to Colonel Cooper, August 14, 1856, with map attached p173
Certified copy of map prepared for the President of the United States under direction of Commissioner of General Land Office, November 22, 1848 p174
Extract from Report of an Expedition led by Lieutenant Abert in 1845 p174
Certified extracts from the journal made by Lieutenant F.B. Wheelock of Colonel Henry Dodge’s campaign into the Pawnee country in 1834 p175
Outline of map of Texas from “An Account of a Journey Through Northeastern Texas, Undertaken in 1849” p184
Outline of map of Texas from “The History of Texas” p185
Evidence for complainant p186
Depositions taken in Greer county, I.T. p186
Testimony of;
A.J. Meers p186-187, 188-189, 190-191, 192-193
J.R. Crouch p193, 194-195, 196
J.W. Wilson p196-197, 198-199, 200
J.H. Richardson p200-201, 202
J.S. Elliston p202-203, 204-205
G.W. Lynch p205
E.R. Fletcher p206-207, 208
J.G. Bogard p208-209, 210
E.R. Claunch p210-211
J.S. Elliston (recalled) p211
J.R. Byers p211
Depositions taken at Washington, D.C. p212
Testimony of
George F. Stone p212
P.H. Bristow p214
Certified copies of papers from Post Office Department p220
Testimony of
J.W. Clous p224
Joseph C. Clements p237
James Edmunds p240
Exhibit A-Certified Copies of papers from General Land Office p 242
Exhibit B-Certified Copies of papers from General Land Office p245
Exhibit C-Certified Copies of papers from General Land Office p251
Testimony of
Levin C. Handy p252
Joseph C. Clements (recalled) p256
William R. Livermore p257
Robert Creuzbaur p278
Exhibit R.C. No. 1
Exhibit R.C. No. 2
Exhibit R.C. No. 3
Exhibit R.C. No. 4
Exhibit R.C. No. 5 Maps p292
Exhibit R.C. No. 6
Exhibit R.C. No. 7
Exhibit R.C. No. 8
Exhibit R.C. No. 9
Exhibit R.C. No. 10
Index V
Testimony of
Lansing H. Beach p292
James Mooney p314
Certificate of J.W. Powell p325
Testimony of
Charles L. Du Bois p326
Henry L. Ballentine p327
A.F. Dinsmore p328
Depositions taken at Austin, Texas p330
Testimony of
Frank M. Maddox p331
Charles E. Anderson p334
Deposition taken at Dallas, Texas p343
Testimony of Andrew P. McCormick p344
Depositions taken at New York city p348
Testimony of
Eric P. Swenson p348
Robert Creuzbaur p350
Depositions taken at Vernon, Texas p352
Testimony of
W.M. Lawson p352
C.F. Doan p355, 356-357, 358-359, 360-361, 362-363, 364-365, 366
B.K. Wood p367, 368-369, 370-371
W.E. Timons p372
Dave McBride p375
Pat Dooling p388
Depositions taken at Amarillo, Texas p396
Testimony of
Charles Goodnight p396-397, 398-399, 400-401, 402-403, 404-405, 406
I.L. Barnett p407
J.R. Jowell p410
Depositions taken at Channing, Texas p416
Testimony of
H.M. Kimball p416
Cassimiro Romero p423
J.M. Robinson p428
Depositions taken at Navajoe, I.T. p430
Testimony of
A.L. Yeckley p430-431, 432-433, 434-435, 436-437, 438-439, 440-441, 442
J.T. James p442
Wm. A. Hunter p443
Samuel G. Banks p446
George R. Grooms p448
Levi Wilson p449
William Cockrel p451
J.T. Tierce p453
George E. Blalock p456
Benj. T Hawkins p463
John M. Passmore p472
Depositions taken at Fort Sill, Oklahoma p485
Testimony of
Black Horse, alias Toke-mah p485
Horace P. Jones p494
James Daley p508
John Burdick p518
Rising Sun, alias Ta-Ba-Yerchen p522
John Chambers p527
Tar Poney, alias Heart Beat p529
Dave Remington 533
Deposition taken at El Reno, O.T. p539
Testimony of S.E. Stillwell p539
Exhibit A-Map p560
Index VI
Depositions taken at Anadarko, O.T. p560
Testimony of
R.P. Sanders p560
A.J. Meers p576-577, 578-579, 580-581, 582-583, 584-585, 586-587, 588-589, 590-591
J.J. Sturm p592
Bull Wilson, alias Ka-She-Go-Qua p618
Shot in the Foot, alias Nasthoe p624
Ta-wak-o-nee Jim p633
Exhibit A-Map p637
Che-wah-stalk, alias Always on the Watch p644
Chaddle-Kaungky, alias Black Goose p649
Exhibit A-Map p651
John Wilson p659
Depositions taken at Washington, D.C. p665
Testimony of James Mooney p665
Exhibit A-Letter, Powell to Cummins, May 29, 1893 p671
Exhibit B-Letter, Dumble to Powell, June 5, 1893 p671
Testimony of
Joseph S. Diller p677
Patrick Larkin p682
Martin O’Connor p688
Urban Gebhart p693
Chas. D.A. Loeftler p695
Henry L. Abbot p699
Documentary evidence for defendant p710
Extract from treaty of friendship, &c., between United States and Choctaw nation, ratified January 8, 1821 p710
Articles 3 and 4 of treaty of limits between United States and Spain, ratified February 22, 1821 p711
Extract from the treaty between United States and Choctaw nation, January 20, 1825 p712
Extract from articles of convention between Secretary of War and Cherokee nation, proclaimed May 28, 1828 p712
Extract from treaty of perpetual friendship, &c., between United States and Choctaw nation, proclaimed February 24, 1831 p713
Articles 1,2, and 3 of treaty of limits between United States and Mexico, ratified April 5, 1832 p713
Extract from treaty with Comanche and Wichetaw Indians, August 24, 1835 p714
Extract from articles of convention between United States and Choctaw tribe, January 17, 1837 p715
Extracts from convention for marking boundary between United States and Texas, ratified October 12, 1838 p715
Extracts from treaty with the Choctaws and Chickasaws, June 22, 1855 p716
Extracts from joint resolution of the Congress of the United States, March 1, 1845 p717
Extracts from joint resolution of the Congress of the United States, December 29, 1845 p718
Extract from the act of Congress of December 29, 1845 p718
Extract from President Tyler’s message, December, 1844 p719
Extract from act of Congress of March 3, 1847 p719
Extracts from act of Congress of September 9, 1850 p719
Extract from proclamation of President, December 13, 1850 p720
Extract from act of Congress of February 21, 1857 p720
Extract from act of Congress of June 5, 1858 p721
Index VII
Extract from act of Congress of February 24,1879 p722
Extract from act of Congress of January 31, 1885 p723
Extract from act of Congress of May 2, 1890 p724
Extracts from joint resolution of congress of Texas, June 23, 1845 p724
Extracts from an ordinance of Republic of Texas, July 4, 1845 p725
Extract from act accepting proposition of United States with reference to the establishment of the boundary, November 25, 1850 p725
Extract from act of May 2, 1882, General Laws of Texas 1882 p726
Certificate of secretary of state of Texas with reference to Greer county p727
Extract from the works of Hubert Howe Bancroft p730
Extract from “Travels in the Interior Parts of America,” &c p737
Extracts from “Sketches, Historical and Descriptive, of Louisiana,” by Maj. Amos Stoddard p758
Extracts from “History of the Expedition under the Command of Lewis and Clarke,” &c p766
Extracts from “An Account of an Expedition to the Sources of the Mississippi,” &c p780
Extracts from “Astoria, or Anecdotes of an Enterprise beyond the Rocky Mountains,” by Washington Irving. P809
Extracts from “A Geographical Description of the State of Louisiana,” by Wm Darby p823
Extracts from “An account of an Expedition from Pittsburgh to the Rocky Mountains,” &c p828
Extracts from “Account of an Expedition from Pittsburgh to the Rocky Mountains,” &c p838
Extracts from “Letters and Notes on the Manners, Customs, and Condition of the North American Indians,” by Geo. Catlin p845
Extracts from “American State Papers, Military Affairs, vol. V” p850
Extracts from “Commerce of the Prairies,” &c., by Josiah Gregg p855
Extracts and letters of Lieut. Col. Mezieres, taken from Books 27 and 28, General Archives of Mexico, copies of which are in the Bancroft Pacific Coast Library, at San Francisco, Cal. P860
Extracts from a manuscript book now existing in Hubert Howe Bancroft’s Pacific Coast Library, in the city of San Francisco, entitled “Memorias para la Historia de Texas,” &c p901
Exemplified copy of Archive No. 1268, taken from the Spanish and Mexican archives of the Territory of New Mexico p906
Exemplified copy of Archive No. 1272, taken from the Spanish and Mexican archives of the Territory of New Mexico p907
Itinerary of Francisco Xavier Fragoso, town of Santa Fe, June 24, 1788 p908
Authenticated extracts from the correspondence of Luis de Onis, Spanish minister to the United States, in reference to the treaty between the United States and Spain of February 22, 1819, taken from the ministry of state at Madrid p914
Depositions taken before the Greer county boundary commission in 1886 p930
Deposition of
Captain R.B. Marcy p930
Hugh F. Young p934
S.P. Ross p938
Geo. B. Erath p941
Frank M. Maddox p944
Will Lambert p946
Report of Major Earl Van Dorn, September 26, 1858 p948
Index VIII
Extracts from the proceedings of the Greer county boundary commission p949
Evidence for defendant p953
Deposition taken at Bryan, Texas p953
Testimony of Lawrence S. Ross p953
Depositions taken at Austin, Texas p965
Testimony of W.F. Cummins p965
Exhibits A, B, C, D, & E –Maps p985
Testimony of
E.T. Dumble p985
John D. McCall p989
Charles W. Pressler p991
Exhibit A-Map p1017
Depositions taken at Mangum, Texas p1018
Testimony of
W.B. Kiser p1018
Jarret Todd p1023
Exhibit A-Diary of the trip from Mangum to the mouth of Elm river p1039
Testimony of J.C. Settles p1042
Exhibit A-Affidavit of Todd and Settles, December 18, 1891 p1065
Testimony of
George W. Briggs p1066-1067, 1068-1069, 1070-1071, 1072
S.C. Talley, Sr. p1073, 1074-1075, 1076
James T. Pollard p1077, 1078-1079, 1080-1081, 1082-1083, 1084-1085, 1086-1087, 1088-1089, 1090-1091, 1092-1093, 1094-1095,
W.B. Kiser (recalled) p1096-1097
J.T. Crabtree p1098-1099, 1100-1101
W.S. Pierson p1101, 1102-1103, 1104
W.E. Gates p1105, 1106-1107, 1108-1109
Jarret Todd (recalled) p1110-1111
H.C. Sweet p1112-1113, 1114-1115, 1116-1117, 1118
J.H. Simpson p1119
S.H. Tittle p1120-1121, 1122-1123, 1124
Deposition taken at Fort Worth, Texas p1125
Testimony of J.H. Swindells p1125, 1126-1127, 1128-1129, 1130-1131, 1132-1133, 1134-1135
Depositions taken at Dallas, Texas p1136
Testimony of
W.L. Cabell p1136-1137, 1138-1139, 1140-1141, 1142-1143, 1144-1145, 1146-1147, 1148-1149, 1150-1151, 1152-1153
John Peter Smith p1154-1155, 1156-1157, 1158-1159, 1160-1161, 1162-1163
Depositions taken at Vernon, Texas p1164
Testimony of
Richard Collins p1164-1165, 1166-1167, 1168-1169
J.B. Overton p1170-1171, 1172-1173, 1174-1175
E.R. Fletcher p1176-1177, 1178-1179, 1180
Exhibit A-Map p1181
Testimony of Jonathan Doan p1182-1183, 1184-1185, 1186-1187, 1188-1189, 1190-1191
Exhibit -Map p1192
Depositions taken at St. Louis, Missouri p1192
Testimony of H.S. Pritchett p1192
Report of the fixation of the 100th meridian p1194
Exhibit A-Letter of Attorney General Culberson to Professor H.S. Pritchett, April 20, 1892 p1209
Stipulation to correct foregoing deposition p1210
Deposition taken at Denver, Colorado p1211
Testimony of Thomas K. Carmack p1211
Deposition taken at San Antonio, Texas p1219
Testimony of
H. P. Bee p1219
John S. Ford p1229
Index IX
Depositions taken at Navajoe, Texas p1241
Testimony of
M.W. Hundson p1241, 1242-1243, 1244-1245
Joseph McAskill p1246-1247, 1248-1249
J.E. Shipe p1250
R.H. Burnett p1255
Jose Martinez p1260
Deposition taken at Vernon, Texas p1273
Testimony of Wm. Kyle p1273
Deposition taken at Espuela, Texas p1282
Testimony of Wm. Ish p1283
Deposition taken at St. Paul Minnesota p1290
Testimony of Richard W. Johnson p1290
Deposition taken at Nocona, Texas p1297
Testimony of
Solon A. Loving p1297
Richard Boren p1304
Exhibit A-Letter of Boren to Hagler, November 7, 1893 p1314
Testimony of S.B. Kennedy p1315
Depositions taken at Paris, Texas p1319
Testimony of
Thos. F. Roberts p1320
Martin H. Ragsdale p1330
J.M. Fort p1339
Deposition taken at Bentonville, Arkansas p1342
Testimony of N.B. Pearce p1342
Deposition taken in Archer county, Texas p1347
Testimony of Simon N. Cockrell p1347
Deposition taken at Austin, Texas p1357
Testimony of Charles Corner p1357
Exhibits A to I Maps p1392