Regarding the boundary line through Green Bay, in his said second report he says:

"It only remains necessary to make the survey of the channels of Green Bay, and of the lower part of the Menominee River. Then, and not until these surveys shall have been completed, will the survey be finished, to leave nothing more to be desired.

This labor, together with the running and marking of a line, to be designated, between the headwaters of the Menominee and the Montreal, may be accomplished in another season, by means of an appropriation of seven thousand dollars provided the appropriation be made so the party can be early on the way to that remote region, and no obstacles be experienced from the Indians in that quarter.”

Thus by said Captain Cram's second report he left the main channel of the Menominee unestablished and the most usual ship channel of Green Bay unestablished and undesignated and the same has never been established or designated in accordance with the direction found in the act of Congress providing for a survey of the boundary as described in the Michigan Statehood Act.

10.

December 14, 1842, a bill was introduced into the U. S. Senate (No. 9, 27th Congress, 3rd Session) to amend the bill providing for the admission of Michigan into the Union and with a change in the northwestern boundary so as to make the same read substantially in accordance with the present claimed boundary of the State of Wisconsin, which said bill contained a proviso as follows:

"That the adjustment of boundary as fixed in this act shall not be binding on Congress, unless the same shall be ratified by the State of Michigan on or before the....

..day of...

.,1847."

Said bill failed of passage in the House and was reintroduced as Senate Bill No. 6, December 15, 1843, in the 28th Congress, 1st Session and again failed to become a law.

11.

August 6, 1846, Congress passed an act authorizing the people of the territory of Wisconsin to form a state government (U. S. Stat. at Large, Vol. 9, page 7), and therein the boundaries of the proposed state of Wisconsin so far as they are involved in the issues in this case were described and conditioned, in part, as follows:

"Beginning at the northeast corner of the state of Illinois, that is to say, at a point in the center of Lake Michigan, where the line of 42 degrees and 30 minutes of north latitude crosses the same; thence running with the boundary line of the State of Michigan through Lake Michigan, Green Bay, to the mouth of the Menominee River; thence up the channel of said river to the Brule River; thence along the last mentioned river to Lake Brule, thence along the southern shore of Lake Brule in a direct line to the center of the channel between Middle and South Islands, in the Lake of the Desert; thence in a direct line to the headwaters of the Montreal River, as marked upon the survey made by Captain Cram; thence down the main channel of the Montreal River to the middle of Lake Superior.

To prevent all disputes in reference to the jurisdiction of the islands in said Brule and Menominee Rivers, the line be so run as to include within the jurisdiction of Michigan all the islands in the Brule and Menominee Rivers (to the extent to which said rivers are adopted as a boundary) down to and inclusive of the Quinnesec Falls of the Menominee; and from thence the line shall be so run as to include within the jurisdiction of Wisconsin, all the islands in the Menominee River from the Falls aforesaid, down to the junction of said river with Green Bay:

That the adjustment of boundary as fixed by this act between Wisconsin and Michigan shall not be binding on Congress unless the same shall be ratified by the State of Michigan on or before the 1st day of June, 1848."

12.

Michigan did not ratify said proposed boundary, as in the last paragraph set forth, within the time specified therefor, or at any other time, and said boundary materially conflicted with the Michigan boundary described in the prior grant to Michigan through the said act of June 15, 1836.

The description of said boundary in said Wisconsin Act included in the then proposed State of Wisconsin a large number of very valuable islands on the Michigan side of the main channel of the Menominee river that had theretofore been granted by the United States to the State of Michigan through the said Michigan Statehood Act of June 15, 1836, and said proposed Wisconsin boundary also included within the then proposed State of Wisconsin a very large amount of territory between Lake Brule, at the head of the Brule River, and the west branch of the Montreal River that had theretofore been granted by said Michigan Statehood Act to said State of Michigan. It is the claim of Michigan that said boundary as described in said Wisconsin Statehood Act, as last described, never became effective to grant any portion of that territory within the boundaries as described in the said Michigan act because the condition of said Wisconsin Act was never complied with; Michigan never ratified the same, and Congress had no power or authority to grant the same to Wisconsin, and therefore Wisconsin has never received any grant of the territory involved in the issues in this case.

13.

August 10, 1846, only four days after the passage of said Wisconsin Enabling Act with its said proviso making its boundary conditional on the ratification thereof by Michigan, Congress included in its general appropriation Act (U. S. Stat. at Large, Vol. 9, page 85) a provision (page 87), as follows:

"Sec. 4. And be it further enacted that the surveyor general northwest to the Ohio under the direction of the President, be, and hereby is required to cause to be surveyed, marked and designated, so much of the line between Michigan and Wisconsin as lies between the source of the Brule River and the source of the Montreal River as defined by the 'Act to Enable the People of Wisconsin territory to form a constitution and state government, and for the admission of such state into the Union, and the expense of such survey shall be paid, upon the certificate of the Surveyor General, out of any moneys in the treasury not otherwise appropriated, not exceeding one thousand dollars.'"

Pursuant to this appropriation the survey known as the Burt survey was made, surveying and marking the line run by Captain Cram from Lac Vieux Desert to the point marked on the Cram survey, as head of the Montreal River, but not to the lake at the head of either branch of the Montreal River and not to the west branch thereof.

May 29, 1848, while said Wisconsin boundary was remaining conditional and within the period allowed for the ratification thereof by Michigan, Congress passed an act admitting Wisconsin into the Union (U. S. Stat. at Large, Vol. 9, page 233) and therein recited, with

"the boundaries prescribed by the Act of Congress approved August 6, 1846,"

and designating said Wisconsin Enabling Act.

Therefore Wisconsin was admitted with her claimed boundaries along the northwestern boundary of Michigan conditional upon the ratification thereof by Michigan and said condition never has been removed.

14.

That there is no conflict in the said boundaries as described in the statehood acts of the two states so far as the boundary line through the waters of Green Bay is concerned because the Wisconsin act makes said boundary follow the boundary of Michigan, but that, nevertheless, the State of Wisconsin has possessed itself of and exercised sovereignty over a large part of the waters of Green Bay that are within the grant to the State of Michigan and over numerous islands of said Green Bay within said grant to the State of Michigan, including Washington Island with a territory of about 15,000 acres or more, Chambers Island with a territory of over 3,000 acres, Plum Island, Strawberry Islands and numerous other valuable islands.

That the said proposed boundary of Wisconsin, except for the condition therein provided, did include in the State of Wisconsin a very large number of islands in the Menominee River that are within the grant to Michigan and a very large territory between the Brule Lake and the main channel of the Montreal River that are within the grant to Michigan, and the State of Wisconsin has taken possession thereof and claims sovereignty over the same and has excluded and continues to exclude the State of Michigan from her rights thereto.

15.

That for nearly fifty years after the said admission of the State of Wisconsin into the Union the territory, through which all that portion of said boundary above Lake Brule is located, remained wild and practically unknown to civilization, and the details of the geography thereof were un