Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1849-06-13
Supreme Court of the United
states, December Term, lS4S.
DECREE.

DECREE.
On this the thirteenth day of February,
A. D., eighteen hundred and forty nine,
the cause of the State OF Missouri against
the State of Iowa, on an original bill, and
also on a cross bill of the State Of Iowa
against the State of Missouri, constituting
part of said cause, came on to be heard
before the Honorable the Judges of the
Supreme Court of the United States in
open court; all OF the Judges Of said Court
being present. And said cause was heard
OH the original bill and the answer thereto,
and the replication to said answer; and also
on said cross bill and the answer thereto,
and the replication to said answer, and on
the proofs of said cause, consisting ofdep-
ositions, documents, and historical eviden-
ces: When it appeared to the court, that,
in the year 1916, the United States caused
to be run and marked two lines as part of
boundary between the United States and
the Great and Little Usage Nations of In
dians. in execution of treay made with
said Osages in 1903: The first line of
the two beginning on the eastern bank of
the Missouri river, opposite the middle Of
the mouth Of the Kansas river, and extern
ding north one hundred miles, where a
corner was made by John c. Sullivan the
Surveyor and Commissioner, acting on
behalf of the United States and the Usage
Nations: And that from said corner a
second line was then run and marked by
said Surveyor, under said authority, which
was intended to be run due east, on par
allel latitude; but which line, by mistake,
varied about two and enc half degrees to-
wards the north Of a due east and west,
line: And it further appeared that the
first named line is the one to which the
descriptive call in the constitution of the
State of Missouri refers, as the Indian
boundary line, and to which the western
boundary of said Stale was to correspond:
An it also appeared that said two lines
had, at all times since Missouri came into
the Union as State, been recognised by
the United States as the true western and
northern boundaries Of the State of Mis-
souri,es called Tor in her costitution;and that
the State of Missouri had also recognised
| these lines as part Of her boundary for
the first ten years of her existence, if not
more; but that, in the year 1887, she eau
sed another line to be run and marked as
her northern boundary, from the river
Desmoines due west to the Missouri river,
lying about ten miles north of said line
run by Sullivan in 18l6;which line of 1887
embraced part of territory then govern
ed by the United States; and which was
inhabited by citizens of the United States;
and which territory continued to be so
governed by the United States until
the 18th day of December, 1916 when
the jurisdiction over the same was con-
ferred upon the State of Iowa: 1t further
appeared that the State of Missouri claims
to exercise jurisdiction up TO said line as
run and marked in the year 1887, on an
assumption that the descriptive call in her
constitution for parallel Of latitude, "pass-
ing through the rapids of the riper Des
.Noines," was gratitied by rapid found
in said river at place known as the Great
Bend, and from which said line was begun
and extended west: And this court finds
that there is no such rapid in the river
Des Moins as that called for in the consti-
tuition of the State of Missouri; and that
she was not Justified in causing the line
run and marked in 1887 to be extended
as her northern boundary.
And the court further finds that the
State of Iowa is estopped from setting up
claim to line south of the old Indian
boundary, known as Sullivan's line, as
said State, by her cross bill, assumes to
do; because her predecessor, the United
States, by many acts, and by uniform as
sumptions, up to the time when Iowa was
created, in December 1916, recognised
and adopted Sullivan's line as the proper
northern boundary of the State Of Missou-
ri; and that the State of Iowa is bound by
such recognition and adoption.
And it further appeared that that por-
ton Of territory lying west of Sullivan's
first line, and between the same and the
Missouri river; was added to the State of
Missouri by force of an act of Congress
of June It'll, 1886, which took effect by
the Presidents proclamation of March
28th 1897; and that line prolonged due
west from Sullivan's north west corner, on
a parallel of latitude, to the middle of the
Missouri river, is the northern boundary
of the State of Missouri, on this part Of
the controverted boundary.
And this court doth therefore see prop
er to decree, and doth accordingly order,
adiudge, and decree, that the true and
proper northern boundary line ofthe State
of Missouri, and the true southern bounda-
nv of the State of Iowa, IS the linelrun and
marked in 1916 by John c. Sullivan, as
the Indi boundary, from the northwest