USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 47
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The act of July 20, 1808, appropriated the sum of four thott- sand eight hundred dollars for the survey of the boundary line between Nebraska and Colorado Temtors, "and that portion of the western boundany of the State of Nebraska embraced between
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the forty-first and forty-third degrees of north latitude," estimated at three hundred and twenty miles.
The act of April 28, 1870, provided, "That so soon as the State of Nebraska through her Legislature has given her con- sent thereto, the center of the main channel of the Missouri river shall be the boundary line between the State of Nebraska and the Territory of Dakota between the following points, to-wit: Commencing at a point in the center of said main channel north of the West line of section twenty-fom, in township twenty-nine north, range eight cast, of the Sixth Principal meridian, and running along the same to a point west of the most northerly portion of fractional section 17, of township twenty-nine north, range nine east, of said meridian, in the State of Nebraska, as meandered and shown by the plats and surveys of said sections originally made and now on file in the general land office."
By the act of March 28, 1882, congress provided "that the northern boundary of the State of Nebraska shall be, and hereby is, subject to the provisions hereinafter contained, extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude and cast of the Keya Paha river and west of the main channel of the Mis- souri river; and when the Indian title to the lands thus described shall be extinguished, the jurisdiction over such lands shall be, and hereby is, ceded to the State of Nebraska and subject to all the conditions and limitations provided in the act of Con- gress admitting Nebraska into the Union; and the northern boundary of the State shall be extended to said forty third par- alle as fully and effectually as it said lands had been an loded in the boundaries of said State at the time of its admission to the Union ; reserving to the United States the original right of soil in said lands and of disposing of the same: Provided, That this act, so far as jurisdiction is concerned, shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished, nor shall it take effect until the State of Nebraska shall have assented to the provisions of this act ; and if the State of Nebraska shall not by an act of its Legislature consent to the provisions of this act within two years next after the passage hereof, this act shall cease and be of no effect."
The boundary line between the United States and California was ordered to be run by act of congress approved May 26, 18(x), and the sum of fifty five thousand dollars was appropriated to defray the necessary expare. The line was defined as follows:
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THE PROPINCE AND THE ST.ITES.
"Commencing at the point of intersection of the forty-second degree of north latitude with the one hundred and twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred and twentieth degree of west longi- tude until it intersects the thirty-ninth degree of north latitude ; thence rimming in a straight line in a southeasterly direction to the river Colorado at a point where it intersects the thirty fifth degree of north latitude."
. During the period of the Civil war, it was very easy for any territory having such an ambition, to become a state; or for any tract of country having a few inhabitants to become a territory. The historic struggles over the admission of states during the slave era, were not forgotten ; and the North, having absolute control of both congress and the government, lost no time, after the bombardment of Fort Sumter, in providing for the erection of some half dozen territories and states. The old policy had been to permit the territory to become a suppliant for statehood :- to require the citizens to call a convention, adopt a constitution, elect the necessary officers as an evidence of their preparation. fitness and desire for state government, and then pray, often amid bitter wailings for many years, for admission into the glorious Union. The long wait made the prize all the more eagerly sought for and all the more cherished after being secured. The high attainment of becoming a star on "Old Glory," was thus designed to be made worthy of prayer and humility by any state. But during the Civil war all was changed. The territories were not even asked if they had enmasse adspied constitutions and had knocked for admission. The day was opened to all without knocking. There was no telling how soon the southern sena- tors would be back again to close the door against all states save those sanctioning the institution of slavery. It was necessary, therefore, not only to make hay while the sun shone, but also in the night. It was a proud time for the American eagle.
The inhabitants of what is now Colorado prepared eight large memorials to congress, which were read in both house and sen- ate in February, 1860, praying that they might have a territo- rial government, and asked that the territory proposed should have the following boundaries: "Commencing at a point where the thirty-seventh degree of north latitude crosses the one hun- dred and second degree of west longitude, and running north on said meridian to the forty-third degree of north latitude, thence west on said parallel to the one hundred and tenth degree of west longitude : thence south on said mendian to the thirty-seventh degree of north latitude, there east on said parallel to the place
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TERRITORIAL AND ST.ITE BOUNDARIES.
of beginning." No name for the proposed territory was men- tioned in the memorials.
On April 3, 1800, Mr. Green, from the committee on Terri- tories, introduced in the United States senate a bill for the for- mation of the Territory of Idaho, but a little later the name was changed to Colorado. It came up again the next session, and pro posed taking off of the Territory of U'tah a small tract and attach- ing it to the new territory, but this change was not agreed to. All of New Mexico above the thirty-seventh parallel, called the "notch," was attached to Colorado Territory. During the dis- cussion, Senator Douglas, of Illinois, said: "In the first place, I object to the boundary named in the bill. This boundary cuts off a large portion of New Mexico and annexes it to the new Territory of Colorado. The portion thus cut off is New Mexico territory and formerly belonged to the Republic of Mexico. The land titles are derived from that Government : the inhabitants are mostly Mexicans ; they are governed by Mexican laws and' usages. I see no reason why they should be separated.
By the laws of New Mexico, that is slave territory. This is detaching that portion of slave territory, and attach-
ing it to the new Territory of Colorado. The substi- tute which I have prepared makes the territorial boundary conform to the existing boundary." Mr. Green, of Missouri, in answering, said: "On the subject of the proposed southern boundary of this Territory, cutting off a portion of New Mex- ico, I must be permitted to make this remark: That I thought it ought not to be cut off ; but at the same time I was comp! ! to say that I thought so simply from my deve to please the d . gate from that Territory, and that the proper division of the Territory required it to be cut off. It does not cut off five inhal- itants, according to my opinion, and not a single nigger." (Laughter.)
The boundaries prescribed for the Territory of Colorado, as set forth in the act of congress approved February 28, 1801, were as follows: "Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same ; thence north on said meridian to the forty-first parallel of north latitude ; thence along; said parallel west to the thirty second meridian of longitude west from Washington ; thence south on said meridian to the north line of New Mexico; thene along the thirty seventh parallel of north latitude to the place of beginning." It was stipulated tut the Indian lands within the e boundaries should be exempted from the control of the Territory; that the government reserved
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THIE PROVINCE AND THE STATES.
the right to change the boundaries of the Territory should such proceeding be necessary for future purposes.
The inhabitants of Colorado, by act of March 21, 1864, were enabled to form a constitution and state government preparatory for admission into the Union, and given the following territorial limits: "Commencing at a point formed by the intersection of the thirty-seventh degree of north latitude with the twenty- fifth degree of longitude west from Washington ; extending thence due west along said thirty-seventh degree of north latitude to a point formed by its intersection with the thirty second degree of longi- tude west from Washington, thence due north along said thirty- second degree of north latitude to a point formed by its inter- section with the forty-first degree of north Latitude; thence due cast along said forty-first degree of north latitude to a point formed by its intersection with the twenty-fifth degree of longi- tude west from Washington ; thence due south along said twenty- fifth degree of west longitude" to the place of beginning. Not- withstanding that the boundaries of the state were made precisely the same as those of the territory, the following language was used in the act of March 21, 1864: "That the inhabitants of that portion of the Territory of Colorado included in the bound- aries hereinafter designated, be, and they are hereby, authorized to form for themselves out of said Territory, a State government, with the name aforesaid." This language would seem to signify that a portion of the territory was left outside of the state limits ; but such was not the fact. But the inhabitants did not take advantage of this permission to form a state government, for reasons beyond the province of this chapter.
The act of March 3. 1875. enabled the people of the Territory of Colorado to form a constitution and state government and to be admitted to the Union. The boundaries were established as follows: "Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same ; thence north on said meridian to the forty-first parallel of north latitude ; thence along said parallel west to the thirty-second meridian of longitude west from Wash- ington ; thence south on said meridian to the thirty-seventh parallel of north latitude; thence along said thirty seventh parallel of north latitude to the place of beginning."
The act of March 2, 1861, created Dalota Territory with bounds as follows: "That all that part of the territory of the United States included within the following Inits, namely: Commencing at a point in the main channel of the Red River of the North where the forty-ninth degree of north latitude crosses
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TERRITORIAL AND STATE BOUNDARIES.
the same ; thence up the main channel of the same and along the boundary of the State of Minnesota to Big Stone Lake ; thence along the boundary line of the said State of Minnesota to the lowa line; thence along the boundary line of the State of Iowa to the point of intersection between the Big Sioux and Missouri rivers ; thence up the Missouri river and along the boundary line of the Territory of Nebraska to the mouth of the Niobrara or Running water siver ; thence following up the same in the middle of the main channel thereof to the month of the Keha Paha or Turtle Hill river ; thence up said river to the forty-third parallel of north latitude ; thence due west to the present boundary of the Territory of Washington; thence along the boundary line of Washington Territory to the forty-ninth degree of north latitude; thence east along said forty-ninth degree of north latitude to the place of beginning, be, and the same is hereby, organized into a temporary government by the name of the Territory of Dakota." In the same act was the following change: "That the river in . said Territory (Dakota) heretofore known as the River aux Jacques or James river shall hereafter be called the Dakota river." The Indian lands within the boundaries of the territory were excluded from the operations of the act; and the government reserved the right to subdivide the territory or attach portions of it to other territories. It was also provided in the same act "That until Congress shall otherwise direct, that portion of the Territories of Utah and Washington between the forty-first and the forty-third degree of north latitude and cast of the thirty-third meridian of longitude west from Washington shall be and is hereby incorporated into and made a part of the Tetstory of Nebraska." Dakota Territory thus formed embraced all of the present North and South Dakotas, and portions of Wyoming and Montana.
The act of May 26, 1864, made the provision "That until Con- gress shall otherwise direct, all that part of the Territory of Idaho included within the following boundaries, towit: Com- mencing at a point formed by the intersection of the thirty-third degree of longitude west from Washington with the forty-first degree of north latitude ; thence along said thirty-third degree of longitude to the crest of the Rocky mountains ; thence northward along the said crest of the Rocky mountains to its intersection with the forty-fourth degree and thirty minutes of north latitude ; thence westward along said forty fourth degree and thirty minutes north latitude to the thirty-fourth degree of longitude west from Washington ; thence northward along said thirty-fourth degree of longitude to its intersection with the forty-fifth degree of north
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THE PROVINCE AND THE ST.ITES.
latitude; thence eastward along said forty-fifth degree of north latitude to its intersection with the twenty-seventh degree of longi- tude west from Washington; thence south along said twenty- seventh degree of longitude west from Washington to the forty- first degree of north latitude; thence west along said forty first degree of north latitude to the place of beginning, shall be and is hereby incorporated temporarily into and made part of the Ter- ritory of Dakota." The tract thus attached to the Territory of Dakota embraced nearly all of the present State of Wyoming.
An act of February 17, 1873, provided "That all that portion of Dakota Territory lying west of the one hundred and eleventh meridian of longitude, which, by an erroneous definition of the boundaries of said Territory by a former act of Congress, remains detached and distant from Dakota proper some two hundred miles, be, and the same is hereby, attached to the adjoining Terri- tory of Montana." Congress was under the impression that a mistake had been made, but all of the territory was found to have been accounted for, and hence the act was inoperative.
As early as 1871 the legislature of Dakota Territory passed a resolution praying for a division of the territorial limits. This was repeated in 1872, 1874 and 1877. It protested in 1879 against a certain division. In February, 1872, the committee on territories reported favorably a bill for the erection of Pembina Territory north of the forty-sixth parallel of latitude. They made the same recommendation in 187.1. In 18-8 it was proposed in the senate to form a territory with the following limits: From the forty-third to the forty-ninth degrees of north Latitude and from the twenty-third to the twenty withth degrees of long take west from Washington. This tract embraced the eastern parts of Wyoming and Montana and the western parts of the ovo Dakotas, with the Black Hills country as the center. In 1881 the senate committee reported favorably on the formation of Pembina Territory on the north and Dakota Territory on the south. Early in the eighties a majority report of the committee was favorable for the formation of one state of all of the two Dakotas, but the minority reported adversely. At this time also the project of naming the northern portion "Lincoln Territory" was set afoot. A little later the plan which finally triumphed -- that of forming two governments of the territory, and calling the northern portion North Dakota and the southern South Dakota - was projected. In 1885 a bill for the erection of a territory from all of the Dalotas west of the Missoni tiver was introduced in congress. In 1885 Mr. Springer, of Illinois, introduced a bill enabling the Territories of Dakota, Montana, Washington and
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TERRITORIIL IND STATE BOUNDARIES.
New Mexico to form state governments. In the early memorials and bills the dividing line was usually placed on the forty-sixth parallel, but later, the petitioners asked to have it located on the seventh standard parallel, which was situated about five miles to the southward of the forty-sixth parallel. The reason given for the retention of the Indian term "Dakota" for the two divisions was because all the inhabitants had become attached to the name and desired the two divisions to be named North Dakota and South Dakota. In 1881 the legislature of Dakota Territory adopted a memorial, praying for a division of the territory into three see- tions, each to be given a separate government. It passed the house by one majority and the council by six majority. It seemed to be the determination of the inhabitants of Dakota Territory cither to form two states out of its territory or to retain its terri- torial form of government. There was no question as to limits, except as to whether the forty-sixth parallel of north latitude or the seventh standard parallel should be the dividing line. The lat -. ter was finally decided upon, because the surveys had been based on that line. The statehood question was again agitated in 1885-7. but without definite result.
On the 22d of February, 1889, congress passed an act for the division of Dakota Territory into two states and for enabling the people of North Dakota, South Dakota, Montana and Washing- ton to form constitutions and state governments and to be admit- ted to the Union on an equal footing with the other states. Dakota Territory was divided as follows: "The area comprising the Territory of Dakota shall, for the purposes of this act. he divided on the line of the seventh standard parallel pr duced die west to the western boundary of said Terators."
By proclamation of President Harrison November 8, 1889, Montana Territory, having complied with all the usual condi- tions and requirements, was declared to be one of the states of the Union. On November 2, 1889, both North and South Dakota were proclaimed to be states. No change was made in the bound- aries of Dakota Territory in the formation of the two states, The territory was merely divided on the seventh standard parallel of latitude. The State of Montana was given the same bound- aries as the Territory of Montana. By act of September 25, 1800. the sum of twenty-five thousand dollars was appropriated to defray the expense of making the survey of the line between North and South Dakota. The act of August 5, 1802, approprided twenty thousand dollars to samves and mark the boundary line between the States of Nebraska and South Dakota west of the Missouri river. In 18of the sum of five hundred dollars was appropriated
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THE PROVINCE AND THE STATES.
for retracing part of the boundary between the States of Louisi- ana and Arkansas and the State of Texas. The act of April 23, 1897, appropriated the sum of seven thousand six hundred and fifty dollars for the survey of certain portions of the boundary line between Montana and Idaho. By act of July 21, 1897, congress consented to the compact between South Dakota and Nebraska, whereby the boundary line between those two states was slightly changed. This was opposite Dixon county, Neb., and Clay county, S. D. "For the resurvey and reestablishment on the line of the thirty-seventh parallel of north latitude of the boundary line between the State of Colorado and the Territories of New Mexico and Oklahoma, which is coincident with said parallel between the twenty-fifth and thirty-second degrees of west longitude from Washington," a calculated distance of three hundred eighty-seven and one-eighth miles, the sum of thirty one thousand five hundred dollars was appropriated by act of July 1, 1902. .
On January 15, 1864, Mr. Ramsey, of Minnesota, introduced a bill for a change of boundary between Wisconsin and Minnesota, but the committee reported adversely on the project. In 1870 Senator Howard, of Michigan, introduced a bill for the division of the State of Texas and the formation therefrom of three states to be named Texas, Jefferson and Matagorda. In 1878 a bill was introduced to attach the Black Hills country of Dakota to Wyoming. In 1886 a bill provided for the annexation of a part of Idaho to Montana.
The Territory of Idaho was created by act of March 3. 1803. with the following limits. . Hemming at a point as the mu Hh. channel of the Snake river where the northern boundary of the- gon intersects the same ; thence following said channel of Snake river to a point opposite the mouth of the Kooskooskia or Clear Water river ; thence due north to the forty-ninth parallel of north latitude; thence cast along said parallel to the twenty-seventh degree of longitude west of Washington ; thence south along said degree of longitude to the northern boundary of Colorado Terii- tory; thence west along said boundary to the thirty-third degree of longitude west of Washington ; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the castern boundary of the State of Oregon ; thence north along said boundary to the place of beginning." It was thus made to embrace all of the present Idaho, all of Montana, and all of Wyoming except the southwest comer. It was restricted to its present boundaries when Montana and Wyoming were created.
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TERRITORIAL AND STATE BOUNDARIES.
By the act of July 3, 1890, the eastern boundary of Idaho Territory was established as follows: "Beginning at the inter- section of the thirty-ninth meridian with the boundary line between the United States and the British possessions ; then following said meridian south until it reaches the summit of the Bitter Root mountains ; thence southeastward along the crest of the Bitter Root mountain range and the continental divide until it intersects the meridian of thirty-four degrees of longitude; thence south- ward on this meridian to the forty-second parallel of latitude; thence west on this parallel of latitude to its intersection with a meridian drawn through the mouth of the Owyhee river ; thence down the mid-channel of the Snake river to the month of the Clear Water river ; and thence north on the meridian which passes through the mouth of the Clear Water to the boundary line between the United States and the British possessions, and cast on said boundary line to the place of beginning." This gave it the boundaries it has since possessed.
Congress by act of May 26, 1864, provided a temporary govern- ment for a new territory having the following limits: "That all that part of the territory of the United States included within the limits, towit : Commencing at a point formed by the intersection of the twenty-seventh degree of longitude west from Washing- ton with the forty-fifth degree of north latitude ; thence the west on said forty-fifth degree of latitude to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington ; thence due south along said thirty-fourth degree of longitude to its intersection with the forty- fourth degree thirty minutes of north latitude ; thence du we take a wad f ety fourth degree and thirty minutes of north latitude to a point bamed Is its intersection with the crest of the Rocky mountains ; thence following the crest of the Rocky mountains northward till its intersection with the Bitter Root mountains; thence northward along the crest of said Bitter Root mountains to its intersection with the thirty-ninth degree of longitude west from Washington; thence along said thirty ninth degree of west longitude northward to the boundary line of the British possessions ; thence eastward along said boundary line to the twenty-seventh degree of longitude west from Washington; thence southward along said twenty- seventh degree of longitude to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Montana." The Indians within the limits were excluded from territorial management ; and the right to change the boundaries, or to attach portions to other territories,
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