After protracted negotiation, in which Henry Clay took a leading part, a bill was finally introduced providing that Missouri should he considered admitted as a State only after its Legislature had declared that no law would ever be passed, nor any construction placed upon the obnoxious paragraph which would justify any law which might abridge within Missouri the rights guaranteed to all citizens by the Federal Constitution. The bill involving this second compromise was approved March 2, 1821, and in accordance with its terms Missouri became a Commonwealth. Consult: Burgess, The Middle Period (New York, 1897); Carr, Missouri (Boston, 1888); Dixon, History of the Missouri Compromise (Cincinnati, 1899); and Woodburn, “The Historical Significance of the Missouri Compromise,” in the Report of the American Historical Society for 1893 (Washington, 1894). See United States; Slavery.
MISSOURI RIVER. The principal affluent of the Mississippi and the longest river of the United States (Map: United States, G 3). It is formed in southwestern Montana by the confluence of the Jefferson, Madison, and Gallatin rivers. The longest branch, the Jefferson, has its farthest source in Red Rock Creek, which rises on the slopes of the Red Rock range of the Rocky Mountains, in Madison County, Montana, a few miles from the headwaters of the North Fork of the Snake. The middle and largest branch, the Madison, rises in the Yellowstone Park near the source of the Yellowstone River. From the junction of the three forks, the Missouri flows north and east across Montana into North Dakota, where it describes a long curve toward the southeast and then crosses the whole width of South Dakota. After reaching the Nebraska boundary it divides this State from Iowa and Missouri, forms the northeastern boundary of Kansas, and finally takes an easterly course across Missouri, joining the Mississippi 20 miles above Saint Louis. Its length to the source of the Jefferson is about 2950 miles, and to the source of the Madison about 2910 miles. With the lower Mississippi, the river has a total length of about 4200 miles, which is equaled by no other river in the world. The Missouri is a swift and turbid stream, navigable only by flat-bottomed steamboats. During the flood period in early summer it can be ascended to Great Falls, Mont., about 2300 miles from the mouth, but in low water navigation is suspended above the junction of the Yellowstone. At Great Falls the Missouri passes over a series of cataracts, descending a vertical distance of 350 feet in 16 miles. The highest falls are 87 feet. About 145 miles above this point is the Gate of the Rocky Mountains, a narrow rock gorge 12 miles in length, whose perpendicular walls rise 1200 feet above the river. The lower course of the Missouri, lying within the great plains, has been graded so as to offer no interruptions. In this part it is often a mile or more wide. The chief tributaries are the Milk and Yellowstone, in Montana; Little Missouri, in North Dakota; Cheyenne, James, White, and Big Sioux, in South Dakota; Niobrara and Platte, in Nebraska; Kansas and Osage, in Kansas and Missouri. It drains the greater part of the territory between the Mississippi and the summits of the Rocky Mountains. The Arkansas and Red rivers are the only other large streams in this region that contribute their waters directly to the Mississippi. The area of the basin exceeds 500,000 square miles. A number of thriving cities are located on the Missouri, including Kansas City, Leavenworth, Atchison, Omaha, Sioux City, Pierre, Bismarck, and Great Falls, the last being the centre of a great copper-smelting industry which utilizes the power of the Falls.
MISSOURI SUCKER, or Gourdseed. See Black Horse, and Plate of Suckers.
MISSOURI VALLEY. A city in Harrison County, Iowa, 21 miles north of Council Bluffs, on the Chicago and Northwestern, the Fremont, Elkhorn and Missouri Valley, and the Sioux City and Pacific railroads (Map: Iowa, B 3). It has a public library of about 1900 volumes, and the fair grounds of the County Agricultural Society. The industrial interests are represented by extensive railroad machine shops, stock yards, and manufactories of flour, machine-shop products, bricks, coffins, creamery products, etc. The water-works are owned and operated by the municipality. Population, in 1890, 2797; in 1900, 4010.
MIST. See Fog.
MISTAKE. An erroneous mental conception affecting the will, and hence leading to or preventing some act. The importance of the mistake in legal contemplation is its effect upon the act. In general a mistake of law produces no legal effect upon an act influenced or induced by it. Thus one is without remedy who has entered into a contract without knowing or understanding the legal effect, or who has voluntarily, and with full knowledge of the facts, paid a claim not well founded in law. The full acceptance of the doctrine is due to a misapplication of the measure Ignorantia juris non excusat (“ignorance of the law does not excuse”), which is applicable only in the criminal law or under statutes imposing quasi-criminal penalties where sound policy requires that ignorance of law should not excuse one charged with a crime. (See Intent.) Mistake of fact has a direct legal effect on many acts, and the law in many cases affords a remedy to one who has done a prejudicial act induced by mistake of fact.
The effect of mutual mistake as to a material term of a contract is to prevent the meeting of the minds, and thus prevent the formation of a contract (q.v.). The effect of mutual mistake of fact in case of sale is to prevent passing of title, and one who has given up the possession of personal property under mistake, preventing the passing of title, may recover the specific property by an appropriate action, or its value in an action of trover. In general, whenever money or property is delivered to another under material mistake of fact, its value may be recovered in an action based on the theory of quasi-contract (q.v.). In the law of tort, the effect of mistake of fact varies considerably with the different branches of the subject. In the law of trespass, one is required to know his own, and he interferes with the property of another at his peril; hence mistake of fact does not affect his liability. The same is true of libel and slander. Equity has jurisdiction to relieve one from the consequences of his mistake of fact, by compelling a reformation or rescission of a contract.
MISTASSINI, mĭs′tăs-sē′nē̇. A large lake in the Ungava district, Northwest Canada, latitude
