Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-01-29
COMMUNICATIONS from his Exeellen

the Sheriff of Davis comfy, Iowa,
while in the discharge of his official
duties, by the authorities of schuyler
county, Mo.
Gentlemen of The Council.
and Of The House of Representative:
From Information received from reli
able. though unofficial source, learn that
the Sheriff of Davis COUNTY, in the execu.
ton of a wri, Of auachmen, sued onl of
the office Of the clerk of said county,
against the property Of an individual re.
siding on the tract Of land IN dispui. be.
tween the State of Missouri and this Ter
ri,nry, was arrested some DAYS or two
weeks since by the authorities of Schuy-
Ter county, Missouri. on a charge OF al.
tempting To exercise the functions of his
office within the organized limits Of ssid
State, and was ONLY released upon exc
cutting security for his appearance at the
next term of the court of said county Of
Schuyler. further learn. also. that few
days subsequent to the occurrence Just re.
lated. another attempt was made by con.
siderable body of men claiming TO be CHI.
zens Of Missouri 10 resist the execution of
process bv the Sheriff nf Davis county.
but without success: the Sheriff and his
posse. in defiance of all threats and al
lempts at intimidation, and in the face Of
a superior force, having duly exeruied the
writ. and secured the property attached.
deeply regret that il becomes my du.
iy 10 communicate to the Legislative As
semhly this unpleasant intelligence. The
fact that the Legislature Of Missouri, in
March last, enacted law having Tor its
alledged object the amicable settlement of
the boundary difficulty in the Supreme
Court Of the 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 ad.
justment by this Territory; and if NOT re.
lected, but assented 10, to the extent of
our control over the matter, (as entertain
no doubt il will be before the adjournmen,
Of the present Legislature, )un,ll such time
as decision can be obtained in The man.
ner and form suggested. Il appears. how.
ever, tina, this expectation is not 10 be re.
alZed. Iowa, having exercised undivided
jurisdiction over the country in dispute,
SO far as the same has been embrac ed
within The limits Of her organized coun
ties ever since her organic alton as Ter
rllory, now nearly eigh, years. canno, be
expected to relinquish her claim a, the
present moment. with the prospect Of a
speedy and final adjustment OF the diff
Guilty full in view. With us, it should be
constantly borne in mind, the question is
one Of maintenance Of boundary and in.
rlsdie,ion. while with Missouri il j. one
of encroachmcnt and extension. This
distinction conceiye@to be necessary TO
the correct sppreclatioa of the true merits
OF the controversy, and important as serv.
ing To ex,nerale Iowa from responsibility
for any unhappy consequences which
may ensue A strong and energetic ap
peal 10 Congress for The speedy enact
ment of such law az will authorize The
litigation Of the question in the federal
purts at Washington will demonstrate the
willingness of this Territory to settle the
difficulty i'll an amicabe spirit, and a, the
same time. i, is hoped. will call forth &C.
ton Of the character prayed Tor. by which
future collision may be avoided. This STEP
once taken our control over the matter ends
There is srea, reason to apprehend tina
The state of things which has existed oI
the theatre of dispute for the last year ant
up ards. cannot long continue wi,hou
producing results Of more serious char
ac,er than any tina, have yet taken place
| With the lapse of time the causes Of diff
Guilty and collision may be expected IL
multiply, until spirit of hostility is en-
gendered between The parties which cal
scarcely fail to end in open cofict. The
opposition Of force 10 force. in the due ex
ecu,inn of the laws, is an ALTERNATIVE,
which can only be justified after all paci
| 6ca!ory measures have been exhausted
and SO far as the authorities of this Ter
rliory are concerned, | trust and believ,
no effort consistent with a just sense o
our rights will be spared TO avoid the ne
cessi,y Of resorting TO such alternative. =
Sill. it is respectfully submitted 10 ,h
wisdom Of the Legislature whether som
precautionary measures should not b
adopted TO sustain the officers Of the Law
in the discharge Of their duty under a
exigencies.
The Sheriff Of DAyi. rounty. havin
executed security for his appearance a
the next term Of the Schuyler count,
court which commences its session /
April. il is hui just and praper that coun
sci should be assigned him by the Terri
tory. In The absence of any authority ia
the employment Of such counsel, re
speclfuliy recommend to the Legislaiv
Assembly, the passage Of law empow
ering the Executive to employ counsel /
this and other similar cases which ma
hereafter arise and tina, the expenses c
such legal services be made ayable OF
nf the Territorial Treasury.
JAMES CLARKE.
Executive OFFICE,
January Q. 1916.