Subject: Re: [BoundaryPoint] Re: New Wall -- discussion point
Date: Jan 18, 2004 @ 01:51
Author: Lowell G. McManus ("Lowell G. McManus" <mcmanus71496@...>)
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Mike wrote:

> again i am not arguing with you but just trying to complete your
> flake off list & also to get into the mind of the interior department
> lawyers who really for some reason believed that the right to
> recommend or request the division rested constitutionally with
> congress

I wonder how many lawyers the Geological Survey really has? I somehow doubt
that this was vetted by lawyers. I think lawyers usually consult forensic
geographers and historians on such matters, not the other way around. For
whatever it's worth, Van Zandt doesn't credit any lawyers or legally-oriented
agencies in his preface on page V of the 1976 edition.

> i am still trying to guess why they believed this

Editions of the BUS&SS were issued in 1885, 1900, 1923, 1930, 1964, and
1976--the last two by Van Zandt. I have 1964, and several of us have 1976.
Both have the same statement about congressional instigation, but the 1964
edition has a footnote citing a 1930 speech in the House of Representatives by
John Nance Garner. The odd thing about the footnote is its number: 62a. There
are only six sublettered footnotes in the entire book, which suggests the
impromptu inclusion of the cited matter at some point.

Being based on a 1930 speech, the statement about Texas must have entered the
BUS&SS in either the 1930 or 1964 issue. We know that Garner was a great
proponent of the division of Texas, but he was also a powerful leader in the
Congress. Perhaps he ascribed the power of instigation to the Congress in order
to enlarge his own power. I'd dearly love to have access to the Garner speech,
which is in the Congressional Record of June 17, 1930, page 11459. It might
settle something. Garner's papers would be of no help. His wife burned them
all!

Lowell G. McManus
Leesville, Louisiana, USA