Iowa territorial gazette and advertiser., 1846-01-24
Communicates

fsToHta AtS - EUCeltenCy Me uOCGnW, % me
Legislative .Assembly, III relation "a The
arrest of the Sterif of Davis cosnty,
lowa, .rhile i'.dischargs Of 6is o6icial ds-
lies, blythe authorities Of Schuyler county,
Mo.
Gentleman Of the Council,
and Of the House gf Representatives.:
From information received from reli-
able, though unofficial source, learn that
the Sheriff Of Davis county, In the execu-
tion of a writ Of attachment sued out of the
office of the clerk Of said county, against
the property 0 an individual residing on
the tract Of land in dispute between the
State Of Missouri and this Territory, was
arrested some days'or two weeks since by
the authorities Of Schuyler county, Mis-
souri,, on charge Of attempting 10 exer-
else the functions Of his Office within the
organized limits of said State, and was
only released upon executing security for
his appearance at the next term Of the
court Of said county of Schuyler. fur
ther learn; alsb, that a few days subsequent
70 the occurrence just related, another att
tempt was made by considerable body of
men claimingto be citizens of Missouri to
resist the execution OF process by the Sher-
If Of Davis county, but without success;
the Sheriff and his posse, in defiance of all
threats and attempts at intimidation and in
the face of superior force, having duly
executed the writ, and secured the prop
erty attached. Lf
deeply regret that it becomes my du-
ty to communicate to the Legislative As
sembly this unpleasant intelligence. The
fact that the Legislature of Missouri, in
! March last, enacted law having for its
alleged object the amicable settlement of
the boundary difficulty in the Supreme
Court ofthe United States, authorized the
belief that no attempt would be made on
the part Of the authorities of that State to
enforce jurisdiction beyond her heretofore
recognized boundary line until advised of
the rejection Of the proposed mode of adj
jistment by this Territory; and if not re-
jected, but assented to to the extent Of our
control over the matter, Gas entertain no
doubt 1t will be before the adjournment of
the present Legislature.) until such time
as a decision can be obtained in the manner
and form suggested. 1t appears, how
ever, that this expectation is not to be re-
allied. Iowa, having exercised nndiyi-
ded jurisdiction over the country in dis
pute, SO far as the same has been embraced
within the limits of her organized coun-
ties ever since her organization as Terri
tory, now nearly eight years, cannot be ex-
pected to relinquish her claim at the pres
ent moment, with the prospect of speedy
and final adjustment of the difficulty full in
view. With us, it should be constantly
borne in mind, the question is one of main.
tendnce Of boundary and jurisdiction, while
with Missouri it is one ofencroachn.eat ant
extension. This distinction | conceive Il
be necessary to the correct appreciation o
the true merits ofthe controversy, and i'm
poitant as serving to exonerate Iowa from
responsibility for any unhappy conse
. quences which may ensue. A strong ant
energetic appeal to Congress for the spec
!, dy enactment ofsuch . law as will author.
ize the litigation ofthe question in the fed
eral courts at Washington will demonslfat,
the Willingness of this Territory to setl,
the difficulty In an amicable spirit, and a
the same time, it is hoped will call fortl
, the action of the character prayed for, by
which future collision may be avoided
This step once taken, our control over III,
matter ends, sq e8p
|, There is great reason to apprehcnd tha
the state Of things which has existed d
the theatre Of dispute for the last year an
: upwards, cannot long continue withou
; producing results ola more serious char
, sc'er than any thathay yet taken place.
t With the lapse OF time the cause of diifiul
!: ty and collision may be exg ected to multi
: ply, until spirit Of hostility is engendefe
h between the parties which can scarcel
G fail to end in open conflict. The opposi
e tion Of force 10 force, in the due executio
r of the laws, is an alternative which ca
$ only be justified after all pacifactory mea.
. ,ures have been exausted; and 50 far as III
a authorities Of this Territory are concern
n ed, thrust and believe no effort consister
II with a just sense Of our rights will b
Q spared to avoid the necessity Of resortin
:; to such alternative. Still, it isrespectfnll
5, submitted to the wisdom of the Legislatnr
d whether some precautionary measure
IS should not be adopted to sustain the off
eers eflthe law In the discharge IF the
h duty Under all exigencies. oh
n The Sheriff of Davis county, having e,
$ ecuted security for his appearance at II
Of next term of the Schuyler county conr
e, which commenc es5 its session in April,
e isbut just and proper that counsel shon
ID bc, assigned him by the Territory. In u
ID absence cf any authority for the emplo,
= ment of such counsel, respectfully re
Of ommend to the Legislative Assembly, a
N passage Of a law mpowerins Ahe ENec'
j. tive 70 employ counsel in this and 9TH
in similar cases, which may hereaft
d, arise, and that the expenses ofsuch leg
he services be made payable out ofithe TER
he torial Treasury. JAMESCEARKE,
of EXECUTIVE Orr rE,i ~
I'd af January 8, l846.n W
ng 1h " !,
h "A, Mem Rpli g10iIs tNscf "A new rel