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Show -35- Missouri assented in its first state constitution to non-interference with the "primary disposal of the soil of the United States"; to the free navigation of the Mississippi; and that "... the State shall have concurrent jurisdiction on the river Missis- sippi, and on every other river bordering on said State, so far as the said river shall form a common boundary to the said State and any other State or States, now or hereafter to be formed, and bounded by the same."0* When James Monroe became President of the United States, he had not for- gotten that naive report of a congressional committee recommending the purchase of the Floridas 3 to insure the free use of the Mississippi, the Mobile, the Appalachicola and other rivers of the west. He accordingly procured the cession to the United States by Ferdinand VII, King of the Spains, "in full property and sovereignty" of all that remained of Spanish territory in North America east of the Mississippi, then commonly called "The Floridas"; for which the United States paid cash and also yielded up to Spain a much greater area in the west by ad- justing the boundary line of the Louisiana territory on the farther shores of the rivers Sabine, Red, and Arkansas so as barely to bring the whole of those rivers within the public domain of the United States? ^- The most significant provision, for the purposes of this study, in that early treaty of cession and boundary adjustment is found in the words ". « < but the use of the waters and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout the extent of the said boundary, on thsir respective banks, shall be common to the respective inhabitants of both nations."^4& This was the first agreement, in the treaties and sovereign relations of the States or the United States, for the use of waters common to two or more sovereignties separate and apart from navigation and fishery. The same langu- age was used, by reference, in two subsequent treaties made between the United States and the two sovereigns who successively succeeded to the domain beyond these rivers, in which treaties the same boundaries were confirmed «°5 Maine was admitted into the Union in the year 1820. Act of Mar. 3 ? 1820 3 3 Stat. at L« 544 3 Thorpe's Constitutions, 1645 Missouri Constitution of 1820, Art, X, 1+ Thorpe's Constitutions, 2l6l» (Italics added) This was repeated in the constitution of 1865, Art. XI, S2, 4 Thorpe's Constitutions, 22l4.; and in that of 1875, Art. 1, h Thorpe's Ccns-ti- tutions, 2229* Mo* was admitted into the Union in the year 1821« Act of Uur> 2.7 1821, 3 Stat* at L. 6I4.5, k Thorpe >s Constitutions0 2.lh9° a^aDealey3 Foreign Policies of the United Statesf 20-2ij.. supra. Footnote ¦^62« ^Consult Bulletin -,','689. Dept. of the interior., U.S. Geological Survey,, 219. Treaty of Friendship, Cession of the Floridas, and Boundaries, between Spain, and the United States, Feb. 22, 1819, 8 Stat. at L. 252, 2 Malloy's Treaties, l6>31* ^Treaty of Friendship, Cession of the Floridas, and Boundaries, betweon Spain and The United States, Feb* 22, 18195 Art, III, 8 Stat. at L. 252, 256 & 275, 2 Malloy*s Treaties, I653. (italics added.) ^Treaty of Limits between the United States and the Mexican States, Jan.* |