The Southwestern Historical Quarterly, Volume 68, July 1964 - April, 1965 Page: 285
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have been plentiful. For example, it is recounted that one de-
fendant, upon being informed by an alcalde that he would have
to employ a Spanish interpreter at his own expense before he
could be tried in an American court, decided it was cheaper for
him to leave, which he did with the assistance of a six shooter
and, so far as the records reveal, he has not yet been tried.
Some incidents mentioned by Broaddus may be referred to
here. The boundaries of the Republic of Texas were defined by
an Act of the Texas Congress by reference to the Rio Grande.
After annexation, the United States maintained that the Rio
Grande marked the Mexican boundary, but assumed a different
attitude as to the upper Rio Grande boundary between the State
of Texas and the territories of the United States. This was not
ultimately solved until 1850 when as a part of the compromises
of that year, "Outer Texas" (to use the phrase of Frank X. Tol-
bert) was ceded to the United States and Texas was thus reduced
to its present size. Before this cession, we find instances of the
exercise of New Mexican territorial authority over the El Paso
area. Such authority was even asserted after 185o, and then many
residents of Mexican descent considered that the officials of El
Paso del Norte (afterwards Juarez) were still in control of the
area. As to jurisdictions, it seems that one might take his choice.
At the time of the Civil War, the El Paso region was strongly
Confederate in sentiment which, because of its isolated Western
position and Spanish heritage, seems somewhat incongruous. Fol-
lowing Confederate General Sibley's ill fated invasion of New
Mexico territory and his defeat at Glorieta Pass by federal
and Colorado troops, that situation changed. Sibley retreated to
San Antonio and the "California Column" arrived to take over
occupation duties. Many of these federal troops remained in the
El Paso area and some of them became public officials. All was
not quiet and peaceful during this period, however, even for
judges or would-be judges. Albert J. Fountain was elected state
senator over W. W. Mills at an election wherein 273 votes were
cast, although there were only 122 registered voters in the county.
Broaddus then relates that:
As a member of the Legislature, Fountain was able to secure
the appointment of Gaylord J. Clarke, a Republican, as district
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 68, July 1964 - April, 1965, periodical, 1965; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101198/m1/327/: accessed September 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.