Missouri v. Iowa
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''State of Missouri v. State of Iowa'', 48 U.S. (7 How.) 660 (1849), is a 9-to-0 ruling by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
which held that the
Sullivan Line The Sullivan Line originally marked in 1816 forms three quarters of the border between Missouri and Iowa and an extension of it forms the remainder. The line was initially created to establish the limits of Native American territory (they woul ...
of 1816 was the accepted boundary between the states of
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
and
Missouri Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
. 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 The Honey War was a bloodless territorial dispute in 1839 between Iowa Territory and Missouri over their border. The dispute over a strip running the entire length of the border, caused by unclear wording in the Missouri Constitution on bounda ...
" of 1839.


Background

In 1808, the
Osage Nation The Osage Nation ( ) ( Osage: ๐“๐’ป ๐“‚๐’ผ๐’ฐ๐“‡๐’ผ๐’ฐอ˜ ('), "People of the Middle Waters") is a Midwestern Native American tribe of the Great Plains. The tribe developed in the Ohio and Mississippi river valleys around 700 BC along ...
ceded all land east of Fort Clark (in what is now west-central Missouri) and north of the
Arkansas River The Arkansas River is a major tributary of the Mississippi River. It generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's source basin lies in the western United Stat ...
to the United States in what became known as the
Treaty of Fort Clark The Treaty of Fort Clark (also known as the Treaty with the Osage or the Osage Treaty) was signed at Fort Osage (then called Fort Clark) on November 10, 1808, (ratified on April 28, 1810) in which the Osage Nation ceded all the land east of th ...
. In the wake of the
War of 1812 The War of 1812 (18 June 1812 โ€“ 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It bega ...
, the United States concluded the
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 ...
, 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.Goodspeed, ''The Province and the States,'' 1904, p. 442-443.
/ref> However, although the treaty specified a boundary which ran due east, the Sullivan Line tended north slightly and was irregular rather than straight.Conard, ''Encyclopedia of the History of Missouri: A Compendium of History and Biography for Ready Reference,'' 1901, p. 339.
/ref> The admission of the
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. In 1819, the Territory of Arkansas was created from a portion of its southern area. In 1821, a southeas ...
as a
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
was a highly contentious political issue in the United States, as it was caught up in the issue of
slavery Slavery and enslavement are both the state and the condition of being a slaveโ€”someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
. Under the
Missouri Compromise The Missouri Compromise was a federal legislation of the United States that balanced desires of northern states to prevent expansion of slavery in the country with those of southern states to expand it. It admitted Missouri as a Slave states an ...
of 1820, the state was finally admitted into union. The
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
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:Shoemaker, ''Missouri's Struggle for Statehood, 1804-1821,'' 1916, p. 66-68.
/ref> :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 The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
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 may refer to: * An unincorporated area in any number of countries * One of the current or former territories of the United States that has not had a government "organized" with an "organic act" by the U.S. Congress * Unorganize ...
."The Chain of Title to Iowa," ''Annals of Iowa,'' July 1893, p. 137. In June 1834, the boundaries of the
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. Detroit w ...
were expanded to incorporate what remained of the old Missouri Territory. Just two years later, Congress split the current state of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
from the Michigan Territory in preparation for Michigan's entry into statehood, and renamed the territory the
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. Belmont was ...
. In June 1838, Congress split the Wisconsin Territory in two: What would become the modern state of
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
remained the Wisconsin Territory, while the remainder of the territory was now called the
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. The remaind ...
. 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 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 and wester ...
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 Keosauqua ( ) is a city in Van Buren County, Iowa, United States. The population was 936 at the time of the 2020 census. It is the county seat of Van Buren County. History Keosauqua was laid out in 1839. The word Keosauqua derives from the Me ...
, and ran the border due west from that point.Stock, ''Amazing Iowa,'' 2003, p. 24. In 1838, the Missouri Legislature passed a law declaring this line its northern boundary, essentially seizing nearly of land from the Iowa Territory. This territory was agriculturally valuable, and was especially well known for its
honey Honey is a sweet and viscous substance made by several bees, the best-known of which are honey bees. Honey is made and stored to nourish bee colonies. Bees produce honey by gathering and then refining the sugary secretions of plants (primar ...
production. In late 1839, the
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
of
Van Buren County, Iowa Van Buren County ( ) is a County (United States), county located in the U.S. state of Iowa. As of the 2020 United States Census, 2020 census the population was 7,203, making it the state's tenth-least populous county. The county seat is Keosauqu ...
, arrested the sheriff of
Clark County, Missouri Clark County is a county located in the U.S. state of Missouri. As of the 2020 census, its population was 6,634. Its county seat is Kahoka. The county was organized December 16, 1836 and named for William Clark, leader of the Lewis and Cla ...
, after the latter twice attempted to collect taxes on Iowans living north of the Sullivan Line.Erickson and Stuhr, ''Iowa,'' 2007, p. 92. Three honey trees were chopped down and taken into Missouri, and both states called out the
state militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
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 Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
John Catron John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catron's ...
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 north of the Sullivan Line.''State of Missouri v. State of Iowa'', 48 U.S. 660, 662-663. 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 The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it f ...
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."''State of Missouri v. State of Iowa'', 48 U.S. 660, 677. 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).''State of Missouri v. State of Iowa'', 48 U.S. 660, 677-681.


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 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 ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
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).


See also

*
Honey War The Honey War was a bloodless territorial dispute in 1839 between Iowa Territory and Missouri over their border. The dispute over a strip running the entire length of the border, caused by unclear wording in the Missouri Constitution on bounda ...
*
Sullivan Line The Sullivan Line originally marked in 1816 forms three quarters of the border between Missouri and Iowa and an extension of it forms the remainder. The line was initially created to establish the limits of Native American territory (they woul ...


References


Bibliography

*Burns, Louis F. ''A History of the Osage People.'' Tuscaloosa, Ala.: University of Alabama Press, 1989. *"The Chain of Title to Iowa." ''Annals of Iowa.'' July 1893.
Conard, Howard Louis. ''Encyclopedia of the History of Missouri: A Compendium of History and Biography for Ready Reference.'' New York: Southern History Co., 1901.
*Erickson, Lori and Stuhr, Tracy. ''Iowa.'' Guilford, Conn.: Globe Pequot, 2007.
Goodspeed, Weston Arthur. ''The Province and the States: A History of the Province of Louisiana Under France and Spain, and of the Territories and States of the United States.'' Madison, Wisc.: Western Historical Association, 1904.
*Gue, Benjamin F. ''History of Iowa From the Earliest Times to the Beginning of the Twentieth Century.'' New York: Century History Co., 1903. *McCandless, Perry, and Parrish, William Earl. ''A History of Missouri: 1820 to 1860.'' Columbia, Mo.: University of Missouri Press, 2000.
Monette, John W. ''History of the Discovery and Settlement of the Valley of the Mississippi, by the three great European powers, Spain, France, and Great Britain: and the Subsequent Occupation, Settlement and Extension of Civil Government by the United States Until the Year 1846.'' New York: Harper & Bros., 1846.
*Rodriguez, Junius P. ''The Louisiana Purchase: A Historical and Geographical Encyclopedia.'' Santa Barbara, Calif.: ABC-CLIO, 2002. *Santer, Richard Arthur. ''Michigan, Heart of the Great Lakes.'' Dubuque, Ia.: Kendall/Hunt Publishing Co., 1977.
Shoemaker, F.C. ''Missouri's Struggle for Statehood, 1804-1821.'' Jefferson City, Mo.: The Hugh Stephens Printing Co., 1916.
*Stock, Janice Beck. ''Amazing Iowa.'' Nashville, Tenn.: Rutledge Hill Press, 2003.


External links

* {{Taney Court United States Supreme Court cases United States Supreme Court cases of the Taney Court United States Supreme Court original jurisdiction cases Internal territorial disputes of the United States Legal history of Missouri Legal history of Iowa 1849 in Iowa 1849 in Missouri 1849 in United States case law