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Show the sovereignty of the United States westward to the middle of the Rio Grande from its source to the Gulf of Mexico.97 Iowa accepted concurrent jurisdiction and agreed to free navigation on its border rivers upon entering the Union.98 The Treaty of 1846 between the United States and Great Britain99 extending the northern boundary of the United States on the forty-ninth parallel from the Rocky Mountains to the Pacific Ocean removed the last pretense of any fore- ign nation to sovereignty over the Oregon Country which the United States had claimed variously as a part of the Louisiana Purchase, by right of discovery, and as a part of the Spanish cession.100 This adjustment left the United States in undisputed sovereign control of the Columbia River, the most important independent nations." 6 Thorpe's Constitutions. 3529* The constitution of Texas, drafted the same month and year and following .closely the constitution of the United States, provided, among other things, that the Congress of Texas should have power "to regulate commerce"; "to de- clare -war," etc., and it was provided in Art. IX, S13, that "The Congress shall, as early as practicable, introduce, by statute, the common law of England, with such modifications as our circumstances, in their judgment, may require; and in all criminal cases the common law shall be the rule of decisions." The President of the Republic of Texas was given the power to make treaties.., with, the advice and consent of two-thirds of the Senate. 6 Thorpe's Constitutions, 3532-3543» The Act of Congress providing for the admission of the former Republic of Texas into the American Union. Act of Mar. 1, 1845• 5 Stat. at L» 797* 6 Thorpe's Constitutions, 3544, including a provision that four other States besides Texas might be thereafter created out of the whole of the ter- ritory, "by consent of said State." This was accepted by the Republic of Texas, July 4» 1845» 6 Thorpe's Constitutions, 3546 and a new state consti- tution adopted the same year, conforming to the constitution of the United States and to said enabling act of Congress. This state constitution provided. Art. XIII, S3* that all laws not repugnant,to the constitution of the United States should remain in force until repealed or altered by the legislature. 6 Thorpe's Constitutions, 35V7-3568. Congress declared Texas admitted as a State in a joint resolution approved December 29, I6I+5. 9 Stat. at L. 108, 6 Thorpe's Constitutions, 35&8« The various constitutions of Texas contain nothing about waters or water rights until 190h» when an amendment to the constitution of I876 provides b\*B& the legislature may authorize political subdivisions to vote bonds for "(a) The improvement of rivers, creeks and streams to prevent overflows, and to per- mit of navigation thereof or irrigation therefrom, or in aid of such purposes. (b) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof.11 6 Thorpe's Constitutions, 3U75-367I+. 9^Bulletin ^689, Dept. of the Interior, U.S. Geological Survey, 30. 98Act of Mar. 3, 18^5, 0. J^8, S 3, 5 Stat. at L. lh£t 2 Thorpe's Consti- tutions, 662, 2 Thorpe's Constitutions, 1118 et seq. Iowa was admitted into the Union in the year 18l}.6t Act of Dec. 28, 18lj.6>, 9 Stat. at L. 117, 2 Thorpe's Constitutions, 1122. 1^9 Stat. at L. 869, 1 Malloy's Treaties, 656, 5 Thorpe's Constitutions^ 2985* |
