The State of Missouri, Complainant v. the State of Iowa, Respondent 8212 the State of Iowa, Complainant v. the State of Missouri, Respondent 8212

• Decision Date: 01 December 1850
• Parties: THE STATE OF MISSOURI, COMPLAINANT, v. THE STATE OF IOWA, RESPONDENT.— Original Bill . THE STATE OF IOWA, COMPLAINANT, v. THE STATE OF MISSOURI, RESPONDENT.— Cross Bill
• Court: U.S. Supreme Court

51 U.S. 1

10 How. 1

13 L.Ed. 303

THE STATE OF MISSOURI, COMPLAINANT, v. THE STATE OF IOWA, RESPONDENT.—Original Bill.

THE STATE OF IOWA, COMPLAINANT,

v. THE STATE OF MISSOURI, RESPONDENT.—Cross Bill.

December Term, 1850

THE commissioners appointed by this court to run and mark the boundary line between said states, according to our decree of the December term, 1848, having performed that duty, and reported to the court at this term the manner in which said work had been performed: and it appearing that two surveyors had been employed by said commissioners to aid them in doing the work in the field; and that other assistants had been employed, and that various expenses had been incurred in running and marking said line: now, in order that the parties to said controversy may be informed of the amount of means necessary to be provided to pay for said services, and also for other costs and charges, incident to the suit, it is ordered that the clerk of this court do examine witnesses, and resort to other evidence, for the purpose of ascertaining what is the proper compensation to be allowed to said commissioners and the surveyors they employed; and also what compensation is due to the Hon. Robert W. Wells for such services as he may have performed as commissioner before he resigned. And said clerk will also ascertain the amount of expenses, of every description, incurred by said commissioners, besides the compensation to themselves and said surveyors, together with the costs and charges incurred in this court in carrying on the

controversy here. All of which he will include in a detailed account, and report the same to this court at an early day, for its final action thereon.

And in taking said account, the report of said commissioners will be taken as prima facie true.

Said clerk will also ascertain and report the amount of moneys already advanced to said commissioners by the states of Missouri and Iowa respectively; and the manner in which said moneys have been expended.

12 December, 1850.

And now, on this third day of January, A. D. 1851, this cause came on for further order and decree therein, when it appeared to the court that at the December term, 1848, thereof, Henry B. Hendershott and Joseph C. Brown were appointed commissioners to run and mark the line in controversy between the states of Missouri and Iowa; and the said Brown having died, the Hon. Robert W. Wells was appointed in room and stead of said Brown by the Chief Justice of this court, in vacation. And said Wells having resigned his appointment, William G. Minor was appointed commissioner in room and stead of said Wells, by this court, at its last December term of 1849; and at which term the time for running and marking said line was extended to this present term of December, 1850, for the reasons stated in the report of said Wells and Hendershott, made to the last term; and which is hereinafter embodied. And the present commissioners, Henry B. Hendershott and William G. Minor, have made their report in the premises to this term; and which report is as follows:——

TO THE HONORABLE THE SUPREME COURT OF THE UNITED STATES.

The undersigned, appointed commissioners by this honorable court, in the above cases, to establish the boundary line between the aforesaid states, respectively report, that, for the purpose of arranging the operations in the field so as to combine economy with speed, we met in the city of St. Louis, in March last, and there, after consulting experienced surveyors as to the time that might be consumed in running the line, the probable amount of expense to be incurred, the necessary force to be employed, and the proper outfit, we determined a plan of operations, and agreed to meet at the supposed site of Sullivan's 'northwest corner,' between the 1st and 20th of April last. While in St. Louis, we obtained from Major M. L. Clark, Surveyor-General of the States of Missouri and Illinois, a copy of the field notes of the survey made by John C.

Sullivan, in the year 1816, of a line beginning on the east bank of the Missouri River, opposite the middle of the mouth of the Kansas River, and extending north one hundred miles, where he made a corner, and also of the line run by him in an easterly course to the Des Moines River. We were also furnished by Major Clark with several charts, diagrams, and copies of surveys which had at various times been made of portions of Sullivan's line, and which were of much service in the prosecution of the work.

The surveyors severally appointed by us were William Dewey, Esq., of Iowa, and Robert Walker, Esq., of Missouri. Both these gentlemen had been connected with the public works of their respective states, and enjoy a high professional reputation.

According to our agreement, we left our respective homes on the 10th of April last, and soon after reaching the point of meeting, in view of increased prices of transportation, provisions, &c., caused by the immense emigration through Southern Iowa and Northern Missouri to California, we altered our plan of work and reduced our force.

No precise trace of the 'old northwest corner' remained,—the witness-trees to it were on the margin of a vast prairie, and had apparently been destroyed by fire years ago. Consequently its exact position could not be ascertained. Yet from the running of many experimental lines, diligently examining the evidences before us, together with the reports of the surveyors, we became satisfied of its proper position, and accordingly established it.

Its latitude taken resulted as follows:——

40°34'40"'" N.

At the corner so determined we planted a large, solid cast-iron pillar, weighing between fifteen and sixteen hundred pounds, four feet six inches long, squaring twelve inches at its base and eight inches at its top. This pillar was deeply and legibly marked with the words (strongly cast into the iron) 'Missouri' on its south side, 'Iowa,' on its north side, and 'State Line' on the east.

From the monument so planted at the 'northwest corner' aforesaid, in the said latitude, the survey of the line was commenced, running due west on said parallel of latitude to the Missouri River, as directed by this honorable court, and at its terminus, as near the bank of said Missouri River as the perishable nature of the soil would admit, we planted a monument similar in figure, weight, dimension, and inscription to the one planted at the 'northwest corner,' the words 'State Line' facing the east.

Unexpected delays, arising from a condition of the weather which prevented the surveyors from making reliable astronomical observations, together with the fact, that, to a great extent, in the vicinity of said line there were no roads, and the settlements distant and sparse, compelling us to open a track for the transportation of the monuments and baggage of the corps, and also to construct necessary bridges and grade fords, greatly retarded the work.

Returning to the 'northwest corner,' the survey of the line was commenced, extending eastwardly from said 'corner' to the Des Moines River, as run and marked by said Sullivan, in 1816, from said corner to said river. On this line, by close examination, we discovered abundant blazes and many witness-trees, which enabled us to find and re-mark the said line, as directed by this honorable court.

The survey of this portion of the line, more than one hundred and fifty miles in length, was commenced on the 13th day of August, and finished on the 18th of September.

Near the bank of the Des Moines River where the line terminated, we planted a cast-iron pillar, similar in weight, figure, dimensions, and inscriptions to those planted at the 'northwest corner,' and near the bank of the Missouri River, the words 'State Line' facing the west.

Solid pillars of cast-iron, weighing each between three and four hundred pounds, and minutely described as to figure and inscriptions in the report heretofore made to this honorable court by Messrs. Wells and Hendershott, commissioners, we caused to be planted at every ten miles, in the due west line extending from said 'northwest corner' to the Missouri River, and also at every ten miles in the line extending east from the 'northwest corner' aforesaid to the Des Moines River.

No iron monument was planted at mile 150 in the line running east, because between it and the point where the large one is planted on the bank of the Des Moines River there existed but a small fraction of ten miles, being only fifty-one chains.

For a fuller account of the said survey we respectively refer to the report of the surveyors made to us, marked A, and to the following exhibits herewith transmitted——

Field notes of said survey, accompanied by a map of the line (marked B.)

Tabular statement of the costs and charges incurred in said survey (marked C.)

All or which is most respectfully submitted.

HENRY B. HENDERSHOTT, Comm'r, &c., Iowa.

W. G. MINOR, Commissioner, Mo.

And the report of the surveyors employed by the commissioners, and above referred to as part of said commissioners' report, is in the words and figures following:——

Keokuk, September 30, 1850.

MESSRS. HENDERSHOTT AND MINOR, Commissioners of the Boundary Commission.

Gentlemen.—Having been appointed by you, on the part of the states of Iowa and Missouri severally, to locate and survey the boundary between those states, under the decree of the Supreme Court of the United States, we met according to your appointment, on the 28th of April last, near the supposed site of the old northwest corner, for the purpose of commencing operations in the field.

We proceeded to search for the old corner, which was to be the basis of our future operations. Having a certified copy of Sullivan's field notes, from the Surveyor-General's office at St. Louis, we knew that the corner had been originally located in timber, and designated by two witness-tress. Aided by a view of the topography of the...