State of Missouri v. State of Iowa (1849)
Encyclopedia
State of Missouri v. State of Iowa, 48 U.S. 660 (1849), is a 9-to-0 ruling by the Supreme Court of the United States
which held that Sullivan Line
of 1816 was accepted boundary between the states of Iowa
and Missouri
. The ruling resolved a long-standing border dispute between the two states, which had nearly erupted in military clashes during the so-called "Honey War" of 1839.
ceded all land east of Fort Clark
(in what is now west-central Missouri) and north of the Arkansas River
to the United States in what became known as the Treaty of Fort Clark
. In the wake of the War of 1812
, the United States concluded the Treaties of Portage des Sioux
, a series of treaties with Native American
tribes which (among many other things) further defined the boundaries of the Osage Nation. Colonel John C. Sullivan
was appointed to survey the territory and mark the northern boundary line, which became known as the Sullivan Line. However, although the treaty specified a boundary which ran due east, the Sullivan Line tended north slightly and was irregular rather than straight.
The admission of the Missouri Territory
as a state
to the United States
was a highly contentious political issue in the United States, as it was caught up in the issue of slavery. Under the Missouri Compromise
of 1820, the state was finally admitted into union. The United States Congress
wrestled at length over what the new state's boundaries should be, and in the Act of March 6, 1820, Congress established the northern boundary of the state as follows:
The citizens of Missouri established the same boundaries in their state constitution of 1820. After another series of intense congressional debates and parliamentary maneuvers, Congress passed legislation approving Missouri's statehood on February 28, 1821, and the President of the United States
signed the bill on March 2.
With the state of Missouri carved out of the Missouri Territory, the Missouri Territory was left unorganized territory
. In June 1834, the boundaries of the Michigan Territory
were expanded to incorporate what remained of the old Missouri Territory. Just two years later, Congress split the current state of Michigan
from the Michigan Territory in preparation for Michigan's entry into statehood, and renamed the territory the Wisconsin Territory
. In June 1838, Congress split the Wisconsin Territory in two: What would become the modern state of Wisconsin
remained the Wisconsin Territory, while the remainder of the territory was now called the Iowa Territory
. The modern state of Iowa was created on December 28, 1846 (with the remaining territory becoming unorganized again until the creation of the Minnesota Territory
on March 3, 1849).
Missouri surveyed its northern boundary in 1837. Joseph C. Brown surveyed the boundary according to the description found in the Missouri State Constitution of 1820, which said the northern border of the state began at rapids on the Des Moines River
. Brown found a set of small rapids near present-day Keosauqua, Iowa
, and ran the border due west from that point. In 1838, the Missouri Legislature passed a law declaring this line its northern boundary, essentially seizing nearly 2600 mi2 of land from the Iowa Territory. This territory was agriculturally valuable, and was especially well known for its honey
production. In late 1839, the sheriff
of Van Buren County, Iowa, arrested the sheriff of Clark County, Missouri
, after the latter twice attempted to collect taxes on Iowans living north of the Sullivan Line. Three honey trees where chopped down and taken into Missouri, and both states called out the state militia
in what became known as the "Honey War" before cooler heads prevailed and both Iowa and Missouri agreed to submit the dispute to the U.S. Supreme Court (which, under the Constitution, had original jurisdiction over the issue).
The two states petitioned the Supreme Court for redress in 1847.
delivered the unanimous opinion of the court.
The state of Missouri alleged that the true border should begin at the "rapids of the Des Moines River," rapids actually on the Des Moines River which were about 9.5 miles (15.3 km) north of the Sullivan Line. The state of Iowa claimed that the rapids in question were the "rapids of the Des Moines River," which in fact were actually rapids in the Mississippi River
and the starting point of the Sullivan Line.
Justice Catron reviewed at length the facts which created the boundary dispute. Although he admitted that the Sullivan Line was "not a precisely true" line nor specific to the description contained in the Fort Clark and Portage des Sioux treaties, Justice Sullivan proposed investigating to what degree the federal government had respected the Sullivan Line. He noted that the federal government had signed more than 15 treaties with various Indian tribes, all of which recognized the Sullivan Line as the northern border of Missouri. Second, he proposed to discover how federal agencies had respected the Sullivan Line. Catron noted that territorial governments and federal land agencies had all used the Sullivan Line as the Missouri boundary, and that land sales agents in Missouri and the various territories had been equally respectful of the line as the state's border. Third, Catron noted that the United States had respected the Sullivan Line in establishing the borders of the various territories north of Missouri.
Justice Catron next attempted to construct the phrase "rapids of the Des Moines River" in an attempt to locate these rapids, as called for in federal legislation granting Missouri statehood and in the Missouri State Constitution of 1820. Iowa had claimed that the "Des Moines rapids" on the Mississippi River were the rapids referred to. But Justice Catron expressed deep scepticism of this claim:
Catron next reviewed Missouri's attempt to locate a rapids on the Des Moines River. In reviewing Brown's attempts to locate such a rapids, Justice Catron noted that Brown encountered ripples, falls, and shoals, but no rapids. None of these constituted a "notorious rapid...by public reputation", and thus Missouri's claim could not be supported either.
Catron then turned the Court's attention to the Missouri constitution, which also mentioned the Sullivan Line. The problem, as both Missouri and Iowa had pointed out, was that the Sullivan Line did not extend far enough west to meet with the western border of Missouri. Catron dismissed this issue. With almost no discussion, he concluded: "This Court is, then, driven to that call in the Constitution of Missouri which declares that her western boundary shall correspond with the Indian boundary line, and treating the western line of a hundred miles long as a unit and then running east from its northern terminus, it will supply the deficiency of a call for an object that never existed."
Catron held that the proper border was the 1816 Sullivan Line. In an extensive decree, the Court described the Sullivan Line, ordered a commission (composed of a surveyor from Iowa and a surveyor from Missouri) to survey and mark the line, and empowered Chief Justice Taney to enforce the decree or appoint commissioners (in the event of death, disability, or refusal to act).
However, by 1895, a 20 miles (32.2 km) portion of the boundary had been disturbed (by natural or man-made causes was unclear), and the boundary markers removed. To resolve the new dispute, Iowa and Missouri jointly filed suit and asked the Supreme Court to once more intervene. In State of Missouri v. State of Iowa, 160 U.S. 688 (1896), the Court again established a commission (this time, adding a surveyor from the state of Illinois
as well) to resurvey and remark the missing boundary line. The Court received the report of the second boundary commission, reviewed it at length, and accepted it as the true boundary in State of Missouri v. State of Iowa, 165 U.S. 118 (1897).
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
which held that Sullivan Line
Sullivan Line
The Sullivan Line is the border between Missouri and Iowa.The line was initially created to establish the limits of Native American territory ; disputes over the boundary were to erupt into the Honey War; and the boundary was to be the basis for the Iowa portion of the Mormon Trail.In 1804, in the...
of 1816 was accepted boundary between the states of Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
and Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
. The ruling resolved a long-standing border dispute between the two states, which had nearly erupted in military clashes during the so-called "Honey War" of 1839.
Background
In 1808, the Osage NationOsage Nation
The Osage Nation is a Native American Siouan-language tribe in the United States that originated in the Ohio River valley in present-day Kentucky. After years of war with invading Iroquois, the Osage migrated west of the Mississippi River to their historic lands in present-day Arkansas, Missouri,...
ceded all land east of Fort Clark
Fort Osage
Fort Osage was part of the United States factory trading post system for the Osage Nation in the early 19th century near Sibley, Missouri....
(in what is now west-central Missouri) and north of the Arkansas River
Arkansas River
The Arkansas River is a major tributary of the Mississippi River. The Arkansas generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's initial basin starts in the Western United States in Colorado, specifically the Arkansas...
to the United States in what became known as the Treaty of Fort Clark
Treaty of Fort Clark
The Treaty of Fort Clark was signed at Fort Osage on November 10, 1808 in which the Osage Nation ceded all the land east of the fort in Missouri and Arkansas north of the Arkansas River to the United States. The Fort Clark treaty and the Treaty of St...
. In the wake of the War of 1812
War of 1812
The War of 1812 was a military conflict fought between the forces of the United States of America and those of the British Empire. The Americans declared war in 1812 for several reasons, including trade restrictions because of Britain's ongoing war with France, impressment of American merchant...
, the United States concluded the Treaties of Portage des Sioux
Treaties of Portage des Sioux
The Treaties of Portage des Sioux were a series of treaties at Portage des Sioux, Missouri in 1815 that officially were supposed to mark the end of conflicts between the United States and Native Americans at the conclusion of the War of 1812....
, a series of treaties with Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
tribes which (among many other things) further defined the boundaries of the Osage Nation. Colonel John C. Sullivan
John C. Sullivan
John C. Sullivan was a surveyor who established the Indian Boundary Line and the Sullivan Line which were to form the boundary between Native Americans and white settlers in Indian Territory from Iowa to Texas....
was appointed to survey the territory and mark the northern boundary line, which became known as the Sullivan Line. However, although the treaty specified a boundary which ran due east, the Sullivan Line tended north slightly and was irregular rather than straight.
The admission of the Missouri Territory
Missouri Territory
The Territory of Missouri was an organized incorporated territory of the United States that existed from June 4, 1812 until August 10, 1821, when the southeastern portion of the territory was admitted to the Union as the State of Missouri.-History:...
as a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was a highly contentious political issue in the United States, as it was caught up in the issue of slavery. Under the Missouri Compromise
Missouri Compromise
The Missouri Compromise was an agreement passed in 1820 between the pro-slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories. It prohibited slavery in the former Louisiana Territory north of the parallel 36°30'...
of 1820, the state was finally admitted into union. The United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
wrestled at length over what the new state's boundaries should be, and in the Act of March 6, 1820, Congress established the northern boundary of the state as follows:
- Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along the said parallel of latitude to the St. Francois River; thence up and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west along the same to a point where the said parallel is intersected by a meridian line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence, from the point aforesaid, north along the said meridian line, to the intersection of the parallel of latitude which passes through the rapids of the River Des Moines, making said line correspond with the Indian boundary-line; thence east from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said River Des Moines; thence down along the middle of the main channel of the said River Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of the Mississippi River; thence down and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning.
The citizens of Missouri established the same boundaries in their state constitution of 1820. After another series of intense congressional debates and parliamentary maneuvers, Congress passed legislation approving Missouri's statehood on February 28, 1821, and the President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
signed the bill on March 2.
With the state of Missouri carved out of the Missouri Territory, the Missouri Territory was left unorganized territory
Unorganized territory
An unorganized territory is a region of land without a "normally" constituted system of government. This does not mean that the territory has no government at all or that it is unclaimed territory...
. In June 1834, the boundaries of the Michigan Territory
Michigan Territory
The Territory of Michigan was an organized incorporated territory of the United States that existed from June 30, 1805, until January 26, 1837, when the final extent of the territory was admitted to the Union as the State of Michigan...
were expanded to incorporate what remained of the old Missouri Territory. Just two years later, Congress split the current state of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
from the Michigan Territory in preparation for Michigan's entry into statehood, and renamed the territory the Wisconsin Territory
Wisconsin Territory
The Territory of Wisconsin was an organized incorporated territory of the United States that existed from July 3, 1836, until May 29, 1848, when an eastern portion of the territory was admitted to the Union as the State of Wisconsin...
. In June 1838, Congress split the Wisconsin Territory in two: What would become the modern state of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
remained the Wisconsin Territory, while the remainder of the territory was now called the Iowa Territory
Iowa Territory
The Territory of Iowa was an organized incorporated territory of the United States that existed from July 4, 1838, until December 28, 1846, when the southeastern portion of the territory was admitted to the Union as the State of Iowa.-History:...
. The modern state of Iowa was created on December 28, 1846 (with the remaining territory becoming unorganized again until the creation of the Minnesota Territory
Minnesota Territory
The Territory of Minnesota was an organized incorporated territory of the United States that existed from March 3, 1849, until May 11, 1858, when the eastern portion of the territory was admitted to the Union as the State of Minnesota.-History:...
on March 3, 1849).
Missouri surveyed its northern boundary in 1837. Joseph C. Brown surveyed the boundary according to the description found in the Missouri State Constitution of 1820, which said the northern border of the state began at rapids on the Des Moines River
Des Moines River
The Des Moines River is a tributary river of the Mississippi River, approximately long to its farther headwaters, in the upper Midwestern United States...
. Brown found a set of small rapids near present-day Keosauqua, Iowa
Keosauqua, Iowa
Keosauqua is a city in Van Buren County, Iowa, United States. The population was 1,066 at the 2000 census. It is the county seat of Van Buren County.-History:...
, and ran the border due west from that point. In 1838, the Missouri Legislature passed a law declaring this line its northern boundary, essentially seizing nearly 2600 mi2 of land from the Iowa Territory. This territory was agriculturally valuable, and was especially well known for its honey
Honey
Honey is a sweet food made by bees using nectar from flowers. The variety produced by honey bees is the one most commonly referred to and is the type of honey collected by beekeepers and consumed by humans...
production. In late 1839, the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of Van Buren County, Iowa, arrested the sheriff of Clark County, Missouri
Clark County, Missouri
Clark County is a county located in the U.S. state of Missouri. As of 2010, the population was 7,139. Its county seat is Kahoka. The county was organized in 1836 and named after William Clark, leader of the Lewis and Clark Expedition and later a Governor of Missouri Territory.Clark County is part...
, after the latter twice attempted to collect taxes on Iowans living north of the Sullivan Line. Three honey trees where chopped down and taken into Missouri, and both states called out the state militia
Militia (United States)
The role of militia, also known as military service and duty, in the United States is complex and has transformed over time.Spitzer, Robert J.: The Politics of Gun Control, Page 36. Chatham House Publishers, Inc., 1995. " The term militia can be used to describe any number of groups within the...
in what became known as the "Honey War" before cooler heads prevailed and both Iowa and Missouri agreed to submit the dispute to the U.S. Supreme Court (which, under the Constitution, had original jurisdiction over the issue).
The two states petitioned the Supreme Court for redress in 1847.
Decision
Associate Justice John CatronJohn Catron
John Catron was an American jurist who served as a US Supreme Court justice from 1837 to 1865.-Early life:Little is known of Catron's early life, but he served in the War of 1812 under Andrew Jackson...
delivered the unanimous opinion of the court.
The state of Missouri alleged that the true border should begin at the "rapids of the Des Moines River," rapids actually on the Des Moines River which were about 9.5 miles (15.3 km) north of the Sullivan Line. The state of Iowa claimed that the rapids in question were the "rapids of the Des Moines River," which in fact were actually rapids in the Mississippi River
Mississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
and the starting point of the Sullivan Line.
Justice Catron reviewed at length the facts which created the boundary dispute. Although he admitted that the Sullivan Line was "not a precisely true" line nor specific to the description contained in the Fort Clark and Portage des Sioux treaties, Justice Sullivan proposed investigating to what degree the federal government had respected the Sullivan Line. He noted that the federal government had signed more than 15 treaties with various Indian tribes, all of which recognized the Sullivan Line as the northern border of Missouri. Second, he proposed to discover how federal agencies had respected the Sullivan Line. Catron noted that territorial governments and federal land agencies had all used the Sullivan Line as the Missouri boundary, and that land sales agents in Missouri and the various territories had been equally respectful of the line as the state's border. Third, Catron noted that the United States had respected the Sullivan Line in establishing the borders of the various territories north of Missouri.
Justice Catron next attempted to construct the phrase "rapids of the Des Moines River" in an attempt to locate these rapids, as called for in federal legislation granting Missouri statehood and in the Missouri State Constitution of 1820. Iowa had claimed that the "Des Moines rapids" on the Mississippi River were the rapids referred to. But Justice Catron expressed deep scepticism of this claim:
- The name given in the act of Congress, taken in connection with its context, would assuredly apply to a rapid in the Des Moines River, if a notorious one existed, as the Mississippi River is not mentioned in the call, and the Des Moines is; nor was the Mississippi River to be reached by that line. Then, again, the rapid is fourteen miles long, and no part of it is called for as an opposite point to found the line upon.
- It therefore follows that the claim of Iowa to come south to the middle of the rapid throws us on a doubtful and forced construction of the instrument under consideration; and such a construction we are not willing to adopt, even if Iowa could at this day set up a claim to its adoption, which, for the reasons above stated, we think she cannot be allowed to do.
Catron next reviewed Missouri's attempt to locate a rapids on the Des Moines River. In reviewing Brown's attempts to locate such a rapids, Justice Catron noted that Brown encountered ripples, falls, and shoals, but no rapids. None of these constituted a "notorious rapid...by public reputation", and thus Missouri's claim could not be supported either.
Catron then turned the Court's attention to the Missouri constitution, which also mentioned the Sullivan Line. The problem, as both Missouri and Iowa had pointed out, was that the Sullivan Line did not extend far enough west to meet with the western border of Missouri. Catron dismissed this issue. With almost no discussion, he concluded: "This Court is, then, driven to that call in the Constitution of Missouri which declares that her western boundary shall correspond with the Indian boundary line, and treating the western line of a hundred miles long as a unit and then running east from its northern terminus, it will supply the deficiency of a call for an object that never existed."
Catron held that the proper border was the 1816 Sullivan Line. In an extensive decree, the Court described the Sullivan Line, ordered a commission (composed of a surveyor from Iowa and a surveyor from Missouri) to survey and mark the line, and empowered Chief Justice Taney to enforce the decree or appoint commissioners (in the event of death, disability, or refusal to act).
Outcomes
The boundary commission surveyed and marked the border, and the Supreme Court issued orders and decrees in State of Missouri v. State of Iowa, 51 U.S. 1 (1850), acknowledging their work and establishing the boundary thereby.However, by 1895, a 20 miles (32.2 km) portion of the boundary had been disturbed (by natural or man-made causes was unclear), and the boundary markers removed. To resolve the new dispute, Iowa and Missouri jointly filed suit and asked the Supreme Court to once more intervene. In State of Missouri v. State of Iowa, 160 U.S. 688 (1896), the Court again established a commission (this time, adding a surveyor from the state of Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
as well) to resurvey and remark the missing boundary line. The Court received the report of the second boundary commission, reviewed it at length, and accepted it as the true boundary in State of Missouri v. State of Iowa, 165 U.S. 118 (1897).