tion with the 42d parallel of latitude; thence east on the 42d parallel of latitude to the place of beginning.

The enabling act for Utah (28 Stat. L. 107), approved July 16, 1894, fixed its boundaries "as at present described." The admission to statehood was declared in effect by the President's proclamation of Jannary 4, 1896.

The Utah-Idaho line was surveyed and marked in 1871 under the direction of the General Land Office. The initial point was fixed by reference to an astronomical station near the Bear River. The position for the terminal mark was determined by a long series of observations for latitude with a zenith telescope. The initial mark was a wooden post 81⁄2 feet by 12 inches by 7 inches, marked “34° W L" on the east, "UTAH" on the southwest, "IDAHO" on the northwest, and "42 L 1871" on the north, which was surrounded by a large pile of stones. From this point a line was run due west a measured distance of 153 miles 56 chains to a point where an 8-foot cedar post was set in a mound of rocks and suitably marked for the common corners of Nevada and Utah on the Idaho line. A mark set in 1870 for these corners was destroyed, the new mark being placed 1 mile 12 chains farther south.

67

The Utah-Arizona boundary, on the 37th parallel of latitude, was surveyed and marked in 1901. The mark set in 1870 for the southwest corner of Utah was destroyed, because observations for latitude showed that it was 1 mile 31.51 chains too far north. A new corner mark was established 7.88 chains south of the 300th mile mark of the Nevada boundary survey of 1870. This mark consisted of a sandstone post 6 feet by 16 inches by 12 inches, set in a pile of stones and marked "NEVADA" on the northwest, "UTAH" on the northeast, "ARIZONA" on the southeast, and "37 N L 1901" on the southwest. The line was run thence due east, checked by five latitude stations," a measured distance of 277 miles 5.18 chains; the line intersected the post at the southwest corner of Colorado, set in 1875. The mark for each mile of this line is a stone post or iron pipe. Between the 152d and 153d mile marks the line passes over a sandstone butte, the summit of which rises about 1,000 feet above the plain. (See fig. 30.) Surveys by the General Land Office in 1927 show that there is a break in this line near long 110°30′ W. (T. 43 S., R. 13 E., Salt Lake base and meridian), milepost 197 being 33 chains (2,178 feet) farther north than milepost 199.68

For reference to the survey of the west boundary of Utah, see Nevada, page 249; and for reference to the east boundary, see Colorado,

"For descriptions of these stations, see Beall (1925, p. 259).

"For further reading on the settlement of Utah and its boundaries, see Brightman (1940, p. 87-95).

page 231. All these lines were run under the direction of the General Land Office.

NEW MEXICO

The original area of New Mexico was taken in part from the region transferred by Mexico to the United States by the treaty of GuadalupeHidalgo and in part from the territory ceded by Texas. (See p. 43, 198; figs. 21, 31.) The act of Congress of September 9, 1850, fixing the northern boundary of the State of Texas west of the 103d meridian and providing for the payment of $10 million to that State for land to be ceded to the United States, provided also for the creation of the Territory of New Mexico, when the transaction with Texas was completed. The formation of this Territory was announced by presidential proclamation of December 13, 1850.

The boundaries fixed in the act of 1850 were thus described (9 Stat. L. 447):

That all that portion of the territory of the United States bounded as follows: Reginning at a point in the Colorado River, where the boundary line with the Republic of Mexico crosses the same; thence eastwardly with the said boundary line to the Rio Grande; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east with said

degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the State of California; thence with said boundary line to the place of beginning-be, and the same is hereby, erected into a temporary government by the name of the Territory of New Mexico.

There has been considerable uncertainty as to what mountain range was intended for the west boundary of New Mexico and the east boundary of Utah between lat 37° and 38° N. as fixed by the acts of 1850. The name Sierra Madre used in the New Mexico act is one given to many widely separated mountain groups. Emory (1857b, p. 40) refers to Sierra Madre as a general name for the mountains along the Continental Divide. On some old maps the name is given to the nearest mountains east of the Rio Grande between 37° and 38°. This group is now officially designated as a part of the Rocky Mountain system. On other old maps the mountains west of the Rio Grande between 37° and 38° are called Sierra Madre. These are now known as the San Juan Mountains and are a part of the Continental Divide.

On the Melish map of 1818 the Mexican State of New Mexico is shown as extending north to lat 38° N. and including the Rio Grande

basin. The Carey and Lea map of 1822 gives the boundaries of New Mexico between lat 32° and 38° N. as irregular lines including the Rio Grande basin. The Tanner map of 1846 of the United States of Mexico shows the western line of New Mexico as extending to about long 107°30′ W. between lat 37° and 38° N. and including the drainage tributary to the Rio Grande. The Disturnell map of 1847, referred to in the treaty of 1848 with Mexico, shows New Mexico as extending north to lat 40° N. and west to long 109° W., including the Rio Grande basin. A map of New Mexico compiled by 2d Lt. John C. Parke, published in 1851, shows the "Rocky Mountain Range" (referred to in the Utah act of 1850) between 37° and 38° as east of the Rio Grande. An undated map by "E. Gilman, draftsman," printed at "P. S. Duval's Steam Lith. Press, Phila.," probably published between 1849 and 1853, shows the boundary of New Mexico between 37° and 38° at about long 108° W. and names the mountains Sierra Madre.

On an official map published by the War Department in 1859 entitled "Territory and Military Department of New Mexico, compiled in the Bureau of Top'l Engrs.," the New Mexico boundary between 37° and 38° is plainly indicated as following the Continental Divide, west of the Rio Grande. On most other maps published between 1850 and 1960, the location of the New Mexico boundary is not indicated.

In fixing the summit of the Rocky Mountains as the eastern boundary of the Territory of Utah in the act of 1850, the lawmakers probably assumed that the main range of the Rocky Mountains followed the Continental Divide through what was then an unexplored area.

The Rio Grande is a stream of great importance to New Mexico, and the only apparent reason for assigning to the Territory of New Mexico land north of lat 37° N. was to give it control of the Rio Grande basin. The Republic of Texas claimed an area as far west as the Rio Grande and from its source to the 42d parallel. The area north of the 32d parallel and west of the 103d meridian was sold by Texas to the United States in 1850, and it would seem logical to give the Rio Grande basin, which is all south of the 38th parallel, to New Mexico. (See fig. 31.)

Mr. L. R. Hafen, historian, department of history, Colorado State Historical and Natural History Society, in a letter of December 1, 1924, published in Colorado magazine in May 1926, wrote as follows:

The San Luis Valley (through which the Rio Grande flows) was actually administered as a part of New Mexico from 1850 to 1861. The governor and superintendent of Indian affairs reports on this area. In his report of September 1, 1854. Governor Merriwether says that the Utahs of New Mexico inhabit "all the northern tributaries of the Rio Grande which lie in New Mexico and north of the 37th parallel of latitude" (33d Cong., 2d sess., H. Ex. Doc. 1, Report of Commissioner of Indian Affairs to Secretary of the Interior). In 1860 the

superintendent in New Mexico reports that Agent Head has been placed in charge of the Tabahuaches band of Utahs and his agency located on the Conejos (west of the Rio Grande and north of 37°).

Fort Massachusetts, established in 1852 in the San Luis Valley, was under the jurisdiction of the Department of New Mexico. When Gunnison and Beckwith went through there in 1853 they spoke of the fort as being in New Mexico. G. H. Heap, accompanying Beale's expedition of the same year, speaks of the territory about Fort Massachusetts as the most fertile portion of New Mexico.

During the fifties a number of towns were founded in the San Luis Valley and were governed as parts of Taos County.

The national census of 1860 lists the towns of Costilla, Conejos, and others in San Luis Valley as parts of Taos County, N. Mex.

This territory was enlarged on August 4, 1854, by the addition of the Gadsden Purchase (10 Stat. L. 575) and was reduced by the formation of Colorado Territory in 1861 (p. 228) and Arizona Territory in 1863 (p. 257). The boundaries as thus changed are the same as those of present-day New Mexico and are described as follows: Beginning at the point of intersection of the 103d meridian of longitude west of Greenwich with the 37th parallel of latitude; running thence south to its point of intersection with the 32d parallel of latitude; thence west on this parallel to its intersection with the Rio Grande; thence southerly down the main channel of the Rio Grande as it was September 9, 1850, to its point of intersection with the boundary line between the United States and Mexico; thence with this boundary to its intersection with the 32d meridian of longitude west from Washington; thence north along this meridian to the 37th parallel of latitude, and east along that parallel to the place of beginning.

The enabling act for the admission of New Mexico to the Union, dated June 16, 1906, included also provisions for the admission of Oklahoma and Arizona, the boundaries of each to be "as at present described." (34 Stat. L., pt. 1, 267.) Further provisions for the admission of New Mexico were made by the act of June 20, 1910 (36 Stat. L., pt. 1, 557), and by the joint resolution of August 21, 1911 (37 Stat. L., pt. 1, 39), which required the acceptance of the Texas-New Mexico boundary line as described in the joint resolution of February 16, 1911 (p. 201). The proclamation by the President declaring New Mexico's admission to statehood in effect was dated January 6, 1912.

In 1874, John G. Major began his survey of the east boundary of New Mexico at the Johnson monument for the 103d meridian. (see Colorado, p. 229), 57 miles 4.50 chains west of the southeast corner of Colorado and 142.00 chains west of the Macomb monument already referred to. Major then surveyed his line for the east boundary of New Mexico south 34 miles and 40 chains to a point which he designated the northwest corner of Texas. However he did not