The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-06-21
THE REPUBLIC.

OioiShty, tie result Oi tilelT CouSiucTdlioh 10
embodied in the shape of decree, and
the boundaries of States are established,
and the collisions of empire in their be-
half are Quoted forever
Regarding this as one of the most in
teresting and imposing events recorded in
the annals of jurisprudence, we have pro-
cured copy of the decree entered in this
case for publication. And it may be well
enough for us to add that the court took
occasion to say, on a matter OF practice,
that bill and cross bill is deemed the most
appropriate mode of proceeding applicable
to cases like the present, as it always
affords the court an opportunity OF making
an affirmative decree for the one side or
the other, and of having the disputed
line permanently marked, if necessary, as
in this case, by commissioners of its own
appointment.
COUhI of u. STATES.
December terrn lS4S
: ne S''s s ., Missouri Original bin
The State of Iowa.
The State It. Of Iowa .. ~
The State of Missouri.
DECREE.
On this thirteenth day of February A. D. eigh-
teen hundred and forty-nne, the cause of the State
of Missouri against the State of Iowa, an orIgi-
nal bill, and also cross bill of the State of To-
wa against the State of Missouri constituting part
of said cause, on to be heard before the hon
orable 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 the original bill, and the answer thereto,
and the replication to said answer; and also said
cross bill, and the answer thereto, and the replica
ton to said answer; and the proofs in said
cause, consisting of dispositions, documents, and
historical evidences 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 Indians, in execution of a treaty
made with said Osages in 1908. The first line of
the two beginning on the eastern bank of the Mis-
sour river, opposite the middle of the mouth of the
Kansas river, and extending north one hundred
miles, where corner was made by John G.. Sullivan
the surveyor and commissioner acting on behalf of
the United States and the Usage nations. And that
from said second line was then run and
marked by said surveyor, under said authority,
which was intended TO be run due east, on paral-
lei of latitude; but which line, by mistake, varied
about two and one-half degrees towards the north,
of due east and west line. And it further APP
peared, that the first named line is the 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 State was
10 correspond: And it also appeared that said two
lines had, at all times since Missouri came into the
Union State, been recognised by the United
States the true western and northern boundaries
of the Stale Of Missouri called for in her con-
stitutlon; and that the State of Missouri had also
recognised these lines part of her boundary for
the first ten years of her existence, if not more;
but that, in the year 1887, she caused another line
to be run, and marked as her northern boundary
from the river Des Mones due west to the Missou-
ri river, lying about ten miles north of said line
run by Sullivan IN 1916; which line of 1887 en-
braced part of a territory then governed by the
United States, and which was inhabited by citizens
of the United States; and which territory contin-
ued to be governed by the United States until
the 29th day of December, 1916, when the juris-
diction over the same was conferred upon the State
of Iowa. 1t further appeared that the State of
Missouri claims to exercise jurisdiction up to said
line run and marked in the year 1897, on an as
sumption that the descriptive call in her constiiu-
ton for a parallel of latitude passing through the
rapids Of the riUer Des yNoines" was gratifed 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 rapids in the river Des Moines as that
called for in the constitution Of the State of Mis-
souri,; and that she 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 a line
south of the old Indian boundary, known as Sulli-
vans line, as said State by her cross BILL assumes
to do; because her predecessor, the United States,
by many acts and by uniform assumptions up to
the time when Iowa was created, in December 1876,
recognised and adopted Sullivuns line as the pro-
per northern boundary of the State Of Missouri;
and that the State Of Iowa is bound by such re-
cognitlon and adoption.
And 1t further appeared that that portion Of terri
tory lying west Of Suvan'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 7th, 1886 which took effect by the Presi-
dents proclamation Of March 2Sth, 1887; and that
a line prolonged due west from Sulvan's north
west corner on a parallel Of latitude TO the middle
Of the Missouri river, is the true northern boundary
Of the State of Missouri, on this part of the con-
troverted boundary.
hHu NnlA CouTt uOtn therefore see proper 10 de-
cree, and doth accordingly order, adjudge and de-
cree, that the true and proper northern boundary
line OF the State Of Missouri and the true southern
boundary Of the State of Iowa, is the line run
and marked in 1916 by John G. Sullivan as the
Indian boundary, from the northwest corner made
by said Sullivan, extending eastwardIy, as he run
and marked the said line, to the middle of the D es
MONIES river; and that line due west from said
northwest corner 10 the middle Of the Missouri
rver, is the proper dividing line between said States
west Of the aforesaid corner and that the States Of
Missouri and Iowa are bound TO conform their iu-
risdictons up to said line on their respective sides
thereof, from the river Des MONIES to the river
Missouri.
And It is further adjudged and decreed that the
State Of Missouri be- and she u.s. hereby perpetually
cnloined and restrained from exercising Jurisdiction
north of the boundary aforesaid dividing the States
and that the State OF Iowa be, and she hereby is,
also perpetually enioned and restrained from exer-
clsIng jurisdiction south Of the dividing boundary
established by this decree.
And II is further ordered, that Joseph G. Brown,
Of the State OF MIssour, and Henry b Henderson,,
Of the State Of Iowa. be, and they are hereby app
pointed commissioners to hnd and remark the line
run by said Sullivan in 1916, extending eastwardly