USA > Iowa > Van Buren County > The history of Van Buren County, Iowa, containing a history of the county, its cities, towns, &c, a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics history of the Northwest, history of Iowa &c > Part 48
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" These, with other references, go to show that, at an early day, the rapids in the Mississippi opposite the southern extremity of Iowa, were known as the ' rapids of the river Des Moines,' but the authorities of Missiouri claimed and contended for many years that the rapids referred to by Congress, and in their Constitution were in the Des Moines River and near Keosauqua. The north- ern boundary of that State, as long as there were no settlements there, was a matter of little consequence to her citizens, and there was no one to dispute their claims until after the Black Hawk Purchase, which was made in 1832.
"The Territory of Wisconsin, in organizing the county of Van Buren, made her southern boundary extend to the southern line, and the same boundaries were claimed by Iowa as soon as she assumed a territorial government. The territorial government of Iowa went into operation on the 4th day of July, 1838, and at that time the boundaries between Missouri and Iowa had not been settled, and there was a strip of Government land about ten miles wide which both govern- ments claimed. The county of Van Buren, as organized by the Legislature of Wisconsin, before Iowa assumed a territorial government, embraced within her boundary a portion of this disputed tract of land.
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" The County Court of Clark County, Mo., in levying the taxes for that county, enrolled the settlers on this disputed tract, as being citizens of that State and belonging to that county, and, having placed their names upon the tax-list, ordered Uriah S. Gregory, the Sheriff of that county, to collect the taxes. Accordingly, the Collector of Clark County went on the disputed tract to collect the taxes, but the tax-payers refused to pay, and the officer undertook to collect them by levying upon their property ; but while endeavoring to do this, some of the citizens of Van Buren County sued out a warrant from a magistrate and placed it in the hands of Henry Heffleman, the Sheriff of Van Buren County, who arrested the Missouri officer, and, there being no jail suitable for retaining prisoners nearer than Muscatine, he was taken to that county and there lodged in jail.
" This act aroused the citizens of Clark County, and an application was made to Gov. Boggs, of Missouri, for the military power of the State to aid the civil officers in maintaining their authority, and to enforce the law of Missouri over the disputed tract. He accordingly dispatched Gen. Allen, with a thousand men, to the place of contention.
" Gov. Lucas, of Iowa, was as determined and fixed in his purpose to main- tain the rights of his State as the authorities of Missouri were to exact theirs, and for this purpose ordered Maj. Gen. J. B. Brown to call out the militia and march with his forces to Van Buren County to protect the citizens.
" At this time, the militia of Iowa was poorly organized ; but Gen. Brown gave orders to his subordinates to beat up for recruits, and the citizens were not backward in enrolling themselves by voluntary enlistment, and, in a short time, about five hundred men, with arms, were assembled in Van Buren County, and others were on their way, amounting, in all, to about twelve hundred men, and the gathering of military forces had all the appearance of a fierce and bloody civil war. But before there was any collision between the two forces, Gen. Brown, from his officers, selected Gen. A. C. Dodge, of Burlington. Gen. Churchman, of Dubuque, and Dr. Clark, of Ft. Madison, as an embassy to the enemy to try to negotiate a peace.
" On arriving at Waterloo, the county seat of Clark County, they found that the County Court of that county had rescinded the order to the Sheriff to collect the taxes on the disputed tract, and had sent a special delegation to wait upon Gov. Lucas and the Legislature of Iowa, then assembled at Burlington, for the purpose of making some amicable adjustment of the difficulties, and that Gen. Allen, with his forces, had withdrawn from the contest. Upon receiving this information, the embassy returned to their headquarters, and the Iowa forces were disbanded and permitted to return to their homes.
"Col. McDaniels and Dr. Wayland, the representatives of Clark County, came to Burlington and waited upon Gov. Lucas, who, not evincing much dispo- sition to adjust matters, they then went before the Legislature, which body, after hearing their proposition, passed a set of resolutions, with a preamble, express- ing their views. In the preamble, they set forth the difficulties existing between Iowa and Missouri, and that Iowa, under any circumstances, deprecated any military collision between the forces of the State of Missouri and the Territory of Iowa, and reciprocated the kind feelings evinced by the delegation from the County Court of Clark County, and Resolved, That the officers now on the part of Missouri be respectfully requested to suspend all further military operations on the part of said State until these resolutions can be submitted to His Excel- lency, Gov. Boggs ; that His Excellency, Gov. Boggs, be requested to authorize a suspension of hostilities on the part of the State of Missouri until the 1st day
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of July next, with a view to having the unfortunate difficulties now existing between the State of Missouri and the Territory of Iowa adjusted by the act of Congress ; that His Excellency, the Governor of Iowa, be requested to suspend all further military operations until the decisions of his Excellency, Gov. Boggs, may be obtained relative to the proposition herein contained ; that the Governor be requested forthwith to forward a copy of these resolutions to the Governor of Missouri, one to the County Court of Clark County and copies to the officers in command on the disputed grounds. to be by them presented to the officers of the Missouri forces.
" These proceedings on the part of the Legislature had a tendency to quiet things for a time. The Sheriff of Clark County was, however, indicted at the next term of the court in Van Buren County for his attempt to collect taxes in the disputed tract : but the Prosecuting Attorney entered a nolle prosequi, and he was discharged from custody.
" On the 10th of November, 1841, Thomas Reynolds, Governor of Missouri, who was the successor to Gov. Boggs, addressed a letter to John Chambers, who was at that time Governor of Iowa, in which he informed him that the Legisla- ture of Missouri, at their last session, passed an act directing the Governor of Missouri to bring a suit on behalf of Uriah S. Gregory, the late Collector of Clark County, against Henry Heffleman, the Sheriff of Van Buren County, for the purpose of having the question of boundary between Iowa and Missouri finally adjusted in the Supreme Court of the United States. As Heffleman and others who arrested Gregory resided in Iowa, such a suit should have been commenced in Iowa. Gov. Reynolds wished to know if suit was thus commenced whether the authorities of Iowa would consent to make such an agreed case on the record as would insure a decision of the Supreme Court of the United States on the question of boundary.
" To this Gov. Chambers replied that this question, as it appeared to him, was one over which the Territorial authorities had no control ; for, 'by an express reservation in the laws organizing the Territory of Iowa, the boundary remained subject to the future control of Congress.' And Gov. Chambers also expressed his doubts whether, under the Constitution of the United States, the Supreme Court, even upon an agreed case and by consent of parties, would take jurisdiction of an alleged controversy between one of the States and a Territory remaining subject to the laws of Congress. But he assured Gov. Reynolds that he would lay his communication before the next Legislature of the Territory, and if that body should differ from the views he had entertained upon the sub- ject, their decisions should immediately be made known to him. But it appears that the Legislature concurred with the views of Gov. Chambers, for there were no steps taken to comply with the request of Missouri as made by Gov. Reynolds.
" The expenses of Iowa in calling out the militia to maintain her rights and enforce the laws on the disputed tract were upward of $13,000. Some of those expenses were borne by individuals whose circumstances were such that they could not well afford to lose the amount justly due them. Congress was memorialized by the Territorial Legislature to make an appropriation to meet these expenses, and on two occasions a bill was passed through the House pro- viding for their payment, but both bills failed to pass the Senate.
" Samuel C. Reed, of Van Buren County, who lived near where the troops were rendezvoused to defend and maintain the rights of Iowa against the intru- sion of Missouri, having furnished to them provisions to the amount of nearly $200, being a man in limited circumstances, and having waited several years
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with the hope of getting something from the General Government, and not succeeding, petitioned the Territorial Legislature to allow and make an appro- priation for his claim.
" Reed was regarded as a patriotic and generous man, and he did all he could to sustain the rights of Iowa in her troubles with Missouri, and having met with misfortunes, and being much reduced in his circumstances, his appeal to the Legislature elicited their sympathy, and they passed a bill allowing his claims, with 6 per cent interest, and made an appropriation for paying it; but this did not meet with the approbation of Gov. Clark, at that time Governor of the Territory, and he returned the bill with his veto. His objections were that the Legislature should make no discrimination among those who aided the au- thorities in the troubles with Missouri : if the Territory undertook to pay one they should pay all ; that if Iowa should assume these debts the United States, which was in duty bound to pay them. would not ; that Iowa was soon to become a State, when she would have a representation and vote in both branches of Congress, and then, in all probability, would be able to get an appropriation to defray those expenses. But for one cause or another, neither Reed nor any of the others who furnished means or rendered services in the war with Missouri, got pay for that which was justly their due.
" For the purpose of ascertaining and defining the southern boundary of Iowa, Congress, on the 18th of June, 1838, passed an act in which it was pro- vided that the President should cause to be surveyed, and distinctly marked, the southern boundary line of Iowa ; and for that purpose he was required to appoint a Commissioner on the part of the United States, who, with the neces- sary surveyors, was to act in conjunction with a Commissioner to be appointed by the State of Missouri, and one to be appointed by the Governor of Iowa, in 'running, marking and ascertaining' the boundary line ; and it was made the duty of the Commissioner who was to be appointed by the President, to prepare three plats of this survey, one of which was to be returned to the Secretary of State of the United States, one to the office of the Secretary of State of Mis- souri and one to the Secretary of the Territory of Iowa.
" And it was also provided that if the Commissioner on the part of Missouri, or of Iowa, should fail to attend, or if either or both the State of Missouri or the Governor of Iowa should fail to appoint, then the Commissioner of the United States, by himself, or such Commissioner as did attend, should proceed to run the boundary line between Missouri and Iowa. But the line so run and marked was not to be fully established until the survey should be submitted to, and the boundary thus ascertained and marked be approved of and ratified by Congress.
"In pursuance of this act, the President appointed Maj. A. M. Lee as Commissioner on the part of the United States, and Dr. James Davis was appointed for Iowa, but Missouri failed to make any appoinment. Maj. Lee, in company with Dr. Davis, proceeded to make the survey as required by Con- gress, and made their report to the Secretary of the Territory of Iowa, on the 15th of January, 1839, about the time the difficulty was taking place on the dis- puted tract in Van Buren County. But it seems that the line surveyed by Lee and Davis was never approved of by Congress, and consequently did not become the boundary between Missouri and Iowa.
" Soon after the troubles in Van Buren County, the Legislature of Iowa passed a law that if any person should exercise any official function within the jurisdiction of the Territory. or within the limits of any of the counties therein, by virtue of any commission or authority not received from the Territory or Gov-
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ernment of the United States, every person so offending should be fined, not exceeding $1,000, or be imprisoned not exceeding five years. That if any per- son residing within the limits of the Territory should accept of any office or trust from any State or authority other than the United States or the Territory of Iowa, every person so offending should be fined not exceeding $1,000, or be imprisoned not exceeding five years.
" Soon after the organization of the county of Davis, this law was called into requisition. The county of Adair, as it was then organized, embraced within its boundaries a portion of what now composes Davis County. The Sheriff of Adair County, Preston Mullinix, and his Deputy, William P. Linder, were indicted in Davis County ; the Sheriff for exercising his office within the bound- aries of Iowa, without legal authority and contrary to the statutes, and the Dep- uty for an assault and battery and kidnapping and falsely imprisoning one Frederick Acheson, a citizen of Iowa, which acts were done on the disputed tract.
" Mullinix and Linder were both arrested and held under bail to answer to the indictment at the next term of court. At that time they both appeared and Linder went to trial, which resulted in his conviction and a sentence of a fine and ten days' imprisonment in the Penitentiary. The trial of Mullinix, the Sheriff, was continued to the next term of Court, and he was required to enter into a recognizance (without security) for his appearance, which he refused to do, and the Court ordered him to be committed to prison.
" As soon as these transactions were made known to Gov. Chambers, he par- doned Linder and remitted his fine, and also pardoned Mullinix for the offense for which he stood committed, and ordered him to be discharged from prison. After the arrest of Mullinix and Linder, the county of Adair was divided, and the territory adjoining Davis County was embraced within the limits of Schuy- ler County.
" After the county of Schuyler, Mo., was organized, about the 1st of Janu- ary, 1846, Samuel Riggs, the Sheriff of Davis County, Iowa, had put into his hands a writ of attachment against the property of an individual on the tract of land in dispute, and while attempting to serve the writ, he was arrested by the Sheriff of Schuyler County, on a charge of attempting to execute the functions of his office in Missouri, and was required to give security for his appearance at the next term of the Court in that county. A few days after this, another attempt was made by a large number of men from Missouri to resist the execution of a process in the hands of the Sheriff of Davis County, but without success; for the Sheriff and his posse, though inferior in numbers, executed the writ, and secured the property attached. This dispute, as to who had jurisdiction over this country, had a bad influence in the community, and caused many reckless and desperate characters to rendezvous in that vicinity, with the hope that in the contest with the authorities they might escape the punishment justly due their crimes.
" The arrest of the Sheriff of Davis County called forth a special message from Gov. Clark, then Governor of the Territory, to the Legislature of Iowa, which was then in session, and they passed a special law authorizing the Governor to draw upon the Territorial Treasurer for the sum of $1,500, and that the sum, or any amount thereof, which he might think proper, should be placed at his discretion for the employment of counsel to manage and defend all cases growing out of this difficulty, in which the Territory, or any of the citizens thereof, should be a party on the one side, and Missouri, or the authori- ties of that State, upon the other. The court of Schuyler County convened at
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Lancaster, the county seat, on the 9th of May, and an indictment was found against Riggs, who immediately appeared and answered thereto in discharge of his bail.
" David Rorer, of Burlington, a gentleman of high legal talents, was em- ployed by Gov. Clark, on behalf of Iowa, to defend Riggs. Rorer attended this term of Court for the purpose of defending him, but from a desire on the part of both parties to defer judicial action in the case until an adjustment of the disputed boundary question could be effected, the case was continued until the next term of Court, and Riggs was discharged upon his own individual recognizance, and he was subsequently discharged entirely. To compensate him for his trouble and expense, the Iowa Legislature passed a law authorizing him to file his petition in the District Court of Davis County, claiming com- pensation for his time and expenses in defending himself against all prosecu- tions which had been commenced against him by the authorities of Missouri. for exercising his office on the disputed territory ; and they provided that the Court should hear the case and determine the amount which was justly due Riggs, and the amount so determined was directed to be paid out of the State Treasury.
" On the 17th of June, 1844, Congress passed an act respecting the north- ern boundary of Missouri, in which it was provided that the Governor of Iowa. by and with the advice and consent of the Council of the Territory, should appoint a Commissioner to act in conjunction with a Commissioner to be appointed by the State of Missouri, and the two were to select a third person, and it was made their duty to ascertain, survey and mark out the northern boundary of Missouri, and to cause plats of their survey to be returned to the Secretary of the United States, and to the Secretary's office of Missouri and Iowa-which plats were to be accompanied with their proceedings in the premises. The Commissioners were empowered to employ surveyors and other hands necessary to accomplish the survey, and the line established and ratified by them, or any two of them, was to be final and conclusive, and to be and remain as the northern boundary line of the State. But it was provided that this act should not go into effect until it should be assented to by Missouri and Iowa. Iowa was willing to accede to this proposition, and the Legislature of Missouri passed an act assenting to this mode of settling the difficulty ; but the Governor of Missouri, John C. Edwards, placed his veto on the bill, and it failed to become a law. The Governor's objection to this mode of settling the difficulty seemed to be, that it involved legal rights, and should be adjudicated by a judicial tribunal.
" After this, application was made by both contending parties to Congress to pass a law authorizing them to institute a suit in the Supreme Court of the United States and have the controversy judicially settled. This application was made on the part of Missouri by an act passed by the Legislature, on the 25th of March, 1845, and on the part of Iowa by a memorial of her Council and House of Representatives, passed on the 17th of January, 1846, in which both parties asked for ' the commencement and speedy determination of such a suit as might be necessary to procure a final decision by the Supreme Court of the United States, upon the true location of the northern boundary of the State.' Congress respected these requests and passed the necessary law.
" After the passage of the law by Congress, authorizing the settling of the dispute in the Supreme Court, the Legislature of Iowa passed an act empower- ing the Governor to agree with Missouri for the commencement of such a suit as might be necessary to procure from the Supreme Court of the United States
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a final decision upon the true location of the southern boundary of the State. This act made it the duty of the Governor to cause to be procured all evidence which might be necessary to the legal and proper decision of such a suit, and to employ counsel and do whatever else might be necessary to maintain the rights of the State. Charles Mason was employed on the part of Iowa, who hunted up and prepared the testimony of the trial, and he got Thomas Ewing, of Ohio, to assist him in arguing the case before the Court. The State of Mis- souri filed the original bill against the State of Iowa, and Iowa filed a cross bill against Missouri.
" This case was tried at the December term of 1848, and the Supreme Court decided that the line as surveyed by Sullivan was the northern boundary of Missouri, which decision gave Iowa all the territory she claimed. The Court appointed Henry B. Hendershott, of Iowa, and Joseph C. Brown, of Missouri, Commissioners to run out and mark the boundary line. Brown having died before the work was commence l, Robert W. Wells was appointed in his place, but he resigned the trust, and William G. Minor received the appointment on the part of Missouri.
" The Commissioners, for the purpose of making the necessary arrange- ments for the survey, met at St. Louis in March, 1850, and selected their sur- veyors. William Dewey was selected on the part of Iowa, and Robert Walker for Missouri. The Commissioners made their arrangements to meet with their surveyors and other parties, at the point where Sullivan had established the northwest corner of Missouri. They left their respective homes on the 10th of April and met on the 28th. To aid them in their work before they started, they obtained from the office of the Surveyor General at St. Louis a copy of the field-notes of Sullivan's survey ; but the space of nearly thirty-four years having elapsed since this work was done, the marks of the survey being nearly all obliterated, they could not readily find the spot they sought. No precise traces of the old northwest corner remained ; the witness-trees to it were on the margin of a vast prairie, and had apparently been destroyed years before ; con- sequently its exact position could not be ascertained from anything visible near the spot.
" The point known as the old northwest corner of Missouri was the northern termination of Sullivan's line, running north and south, run by him in 1816, and was 100 miles north of the mouth of the Kansas River, and the point at which he turned east run to the Des Moines River. His field-notes showed that his miles were numbered north from the Kansas River, and east from the northwest corner of the State, beginning anew at that corner. Finding no conclusive evi- dence of the exact site or the required corner, they undertook to trace those lines for the purpose of finding some evidence of the old survey.
"Near the supposed spot of the location of the ninety-ninth mile-corner, on the north line, they found a decayed tree and stump, which corresponded in course, distance and description with the witness-trees to that corner, and cutting into the tree they saw what they supposed to be the remains of an old blaze, upon which was preserved a part. apparently, of the letter M. This supposition was verified by their measuring two miles further south to a point which they found to be Sulli- van's ninety-seventh mile-corner, from one witness-tree, which was perfectly sound; the marks upon it two or three inches beneath the bark were plain and legible. On the east line they found the witness-tree to the third mile-corner; the wood upon which the marks had been inscribed was decayed, but their reversed impression appeared upon the new growth which covered the old blaze, and was cut out in a solid block. Prolonging these lines three miles from the points
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thus determined, their intersection was assumed as the required corner, and at that point was planted a monument designating the northwest corner of Missouri as the boundary existed before acquiring that tract of land known as the ‘Plat Purchase,' lying between the old west line of that State and the Missouri River, which point was found to be in the northeast quarter of Section 35, in Town- ship 67 north, Range 33 west, in latitude 40°, 34', 40" north, and in longitude about 94° 30' west from Greenwich.
" At this point they planted a large cast-iron pillar, weighing between fifteen and sixteen hundred pounds, four feet six inches long, twelve inches square at the base and eight inches at the top. This pillar was legibly marked with the words ' Missouri' on the south side, 'Iowa ' on the north side, and ' State Line' on the east. From this corner they ran one west. keeping on the same parallel of latitude on which the pillar was erected, till they reached the Missouri River. They commenced the survey on the 24th of May, and reached the river, a distance of sixty miles and sixty-one chains, on the 12th of July. At the ter- minus of the sixtieth mile, as near the bank of the Missouri River as the per- ishable nature of the soil would permit, they planted a monument similar to the one erected at the old northwest corner of Missouri, the words . State Line ' facing the east.
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