Arkansas v. Mississippi

delivered the opinion of the court.

This is a suit brought to determine a portion of the boundary line between the States of Arkansas and Mississippi. It appears that at the place in dispute the Mississippi River formerly had its course from Friar’s Point in a southwesterly direction, then made a turn to the south, flowing in a southerly direction, then a turn towards the

The State of Arkansas contends that the old course of the river before the avulsion was within a body of water now known as Horseshoe Lake,or Old River, a body of water of considerable length and depth. The State of Mississippi contends that the old river ran through a body of water still remaining, but considerably further to the north, and known as Dustin Pond, and that before the avulsion the course of the river on the upper side of the Bend was considerably to the westward of the course claimed by Arkansas, and ran where now there is a slough not far from the middle of Horseshoe Island. These diverse claims aré illustrated by an examination of the map, exhibit A, attached to the bill.

As we view the case it is practically controlled by the decision of. this court in Arkansas v. Tennessee, 246 U. S. 158 . In view of that decision we are relieved of the necessity of a discussion in detail of much that is urged upon our attention now. Arkansas was admitted to the Union June 23, 1836 ( 5 Stat. 50 , 51) by an act of Congress which as to its boundaries provided:

“Beginning in the middle of the main channel of the. Mississippi river, on the parallel of thirty-six degrees north latitude, running from thence west, with the said parallel of latitude, to the Saint Francis river, thence up the middle of the main channel of said river to the parallel of thirty-six degrees thirty minutes north; from thence' west to the southwest corner of the State of Missouri; and from thence to be bounded on the west, to the north bank of Red river,- by the lines described in the first article of the treaty between the United States and the Cherokee nation of Indians west of the Mississippi, made and concluded at the city of Washington, on the 26th day of May, in the year of our Lord one thousand eight hundred and twenty-eight; and to be bounded on the south side of Red river by the Mexican boundary line, to the northwest corner .of the State of Louisiana; thence east with the Louisiana State line, to the middle of the main channel of the Mississippi-river; thence up the middle of the-main channel of the said river to the thirty-sixth degree of north latitude, the point of beginning.”

Mississippi had previously been admitted to the Union by an act of Congress April 3, 1818, ( 3 Stat. 348 ), which provided:

“Beginning on,the river Mississippi at thé point where the southern boundary line of the state of Tennessee strikes the same, thence east along the said boundary line to the Tennessee river, thence up the same to the mouth of Bear Creek, thence by a direct line to the northwest corner of the county of Washington [Alabama], thence due south to the Gulf of Mexico, thence westwardly, .including all the islands within six leagues of the shore, to the most eastern junction of Pearl river with Lake Borgne, thence up said river to the thirty-first degteé of north latitude, thence west along the said degree of latitude to the Mississippi river, thence up the same to the beginning.”

The State of Arkansas contends that these acts of . Congress fix the middle of the channel of navigation as it existed before the avulsion as the boundary line between the States. By the State of Mississippi it is contended that the boundary line is a line equidistant from the well defined banks of the river. Language to the same effect as that contained in the acts of admission now before us was before this court in the case of Arkansas v. Tennessee, supra, and in that case the subject was considered, and the meaning of the Arkansas act, and similar language in the act admitting the State of Tennessee, was interpreted. The rule laid down in Iowa v. Illinois, 147 U. S. 1 , was followed, and it was held that where the States of the Union are separated by boundary lines described as “a line drawn along the middle of the river,” or as “the middle of the main channel of the river,” the boundary must be fixed at the middle .of the main navigable channel, and not along the line equidistant between the banks. We regard that -decision as settling the law, and see no reason to depart from it in this instance.

It is urgently insisted that the laws and decisions of Arkansas and Mississippi are to the contrary, and- our attention is called to Joint Resolution of Congress of 1909, 35 Stat. 1161 , which provides:

“That the consent of the Congress of the United States is hereby given to the States of Mississippi and Arkansas

No specific agreement appears to have been entered into under this act; but it is insisted that Arkansas and Mississippi by their respective constitutions have fixed' the boundary line, as it is now claimed to. be by the State of Mississippi, and that such boundary line has become the true boundary of the States irrespective of the decision of this court in Iowa v. Illinois, supra, followed in Arkansas v. Tennessee, supra. We have examined. the constitutions and decisions of the respective States, and find nothing in them to change the conclusions- reached by this court, in determining the question of boundary between States. A similar contention was made in Arkansas v. Tennessee as to the effect of the Arkansas and Tennessee legislation and decisions, and the contention that the local law and decisions controlled in a case where the interstate boundary was required to be fixed, under circumstances very similar to those here presented, was rejected. In that case the Arkansas cases, which are now insisted upon as authority for the respondent’s cÓntention, were fully reviewed. The Mississippi cases called to our attention, of which the leading one seems to be The Steamboat Magnolia v. Marshall, 39 Mississippi, 109, as well as the legislation of the

■ We are unable to find occasion to depart from this rule because of long acquiescence in enactments and decisions, and the practices of the inhabitants of the disputed territory in recognition of a boundary, which have been given weight in a number of our cases where the true boundary line was difficult to ascertain. (See Arkansas v. Tennessee,;, supra, and the cases cited at p. 172.)

‘This record presents a clear case of a change in the course of 'the river by avulsion, and the' applicable rule established. in this court, and repeatedly -enforced, requires the boundary line to be fixed at the -middle of the channel of navigation as it existed just previous to the avulsion.. The location and determination of such bound