During 1823-1825 Lieut. Bayfield, of the British Navy, surveyed and sounded the wes terly end of Lake Superior and the lower waters of St. Louis river. A chart compiled from data so obtained (1:49,300-4,108 feet to the inch) and published in 1828, shows the general configuration and lays the proper

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sailing course southward of "Big Island. Prior to 1865 this was the only available chart, and navigators often used it.

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Minnesota and Wisconsin Points are low narrow strips of sand-the former 6 miles in length, the latter approximately 3. Between them there is a narrow opening known as "The Entry," and inside lies a bay (Allouez and Superior) 9 miles long and a mile and a half wide. A narrow channel between Rice's Point and Connor's Point

leads into Lower St. Louis Bay, approximately a mile and a half wide and 3 miles long. Passing south of Grassy Point, another channel leads into irregular shaped Upper St. Louis Bay, with Big Island at its southwesterly end. Southeast of this island begin the well-defined banks, deep narrow channel, and obvious current characteristic of a true river; these continue through many windings to the falls above the Indian village noted on Nicollet's Map.

The first accurate map of these waters was drawn from surveys and soundings made under direction of Capt. George W. Meade in 1861, and is now on file in the Lake Survey Office at Detroit. After being reduced onehalf-to a scale of 1:32,000 or approximately two inches to a mile-it was engraved and published in 1865 or 1866. Known as the Meade Chart, this reproduction is accepted by both parties as adequately disclosing conditions existing in 1846. A rough sketch based upon the chart-about one-third of its size-and also a photographic reproduction of a portion of the original map, are printed on succeeding pages.

Meade's Chart indicates: A depth of not over 8 feet across the bar at "The Entry"; a deep channel through Superior Bay; rather shallow water, with a ruling depth of 8 feet, in Lower St. Louis Bay; 8 feet of water on a fairly direct course, about a mile

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rior, that within "The Entry" there were only small boats of light draft, and that navigation long remained rather primitive.

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the *bar, about seven-eighths of a mile northeast of Big Island. It further discloses a curving channel along the west side of

[3] Lower St. Louis Bay was shallow, with a ruling depth of 8 feet, and had no welldefined channel. From the deep water at the southern tip of Grassy Point a vessel

Big Island and beyond could have turned northwest and followed the narrow winding channel near the Minnesota shore with a rul

nesota shore and around Big Island, with a depth of 15 or more feet, except at the bar, where there are only 10, possibly 8, feet. To

and formerly much-used course indicated on Lieut. Bayfield's Map.

The level of the water within all the bays is substantially the same as in Lake Superior; such current as exists flows in opposite directions, according to the wind and movement within the lake. The shores are irregular and much indented.

Since 1893 the United States have dredged a 22 foot channel through Upper St. Louis

have proceeded westward, approximately one mile, over a more direct course with a depth of 8 feet or more, until it came to the deeper channel about seven-eighths of a mile northeast of Big Island. This latter course is indicated by the red trace "A, B, C," on Minnesota's Exhibit No. 1-Meade's Chart. For many years officers and representatives of both states regarded the boundary as on or near this line; and, considering all the cir

through Lower St. Louis Bay (where there are two branches) and between Rice's and Connor's Points; thence through Superior Bay to "The Entry" and into the lake. Extensive docks have been constructed from the Minnesota shore in both the upper and lower bays; those extending southwest from Grassy Point cross the boundary claimed by Wisconsin. The general situation of 1846 continued until long after 1861, but during the last 30 years extensive improvements required for a large and busy harbor have produced great changes.

[1] The complainant maintains that within

the true intendment of the statute the "mouth of the St. Louis river" is southeast of Big Island, where end the banks, channel, and current characteristic of a river and lake features begin. On the other hand, the defendant insists, and we think correctly, that such mouth is at the junction of Lake Superior and the deep channel between Minnesota and Wisconsin Points-"The Entry."

It is unnecessary to specify the many facts and circumstances, historical and otherwise, which lead to the conclusion stated. They

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seem adequate, notwithstanding *some troublesome objections based upon the peculiar hydrographic conditions.

[2] Treating "The Entry" as the mouth of the St. Louis river, where is the line "thence up the main channel of said river to the first rapids," etc.? This must be determined upon consideration of the situation existing in 1846, which the parties admit remained substantially unchanged until after the Meade survey. No alterations now material have come about through accretion or erosion.

The line through Superior Bay is not here called in question. But let it be noted that no vessel drawing more than 8 feet could have passed into that bay from Lake Supe

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the main channel within intendment of the statute. No current controlled navigation, and vessels proceeding in opposite directions followed the same general course. Both parties say that in 1846"practically all of Upper and Lower St. Louis Bays between the shores were navigable for such vessels as were accustomed to use said bays at said time for the purpose of navigation, and there was no defined course, or channel, in said bays, which said vessels followed, but, owing to the depth of the water, they were permitted and accustomed to travel across said

bays in any direction."

For very many years subsequent to 1846 there were no vessels with 8-foot draft upon these waters, and probably none of such size regularly plied there until 1890 or later.

The course south of Big Island shown on the Bayfield Map was never accepted as the boundary, and need not be further considered. Wisconsin's claim to that island is not denied.

Manifestly, from the description heretofore given, the waters between Big Island and Lake Superior were broad sheets, without any definite uninterrupted deep channel extending throughout their entire length; also there was no steady, controlling current. Such vessels as plied there in 1846 and long thereafter moved with freedom in different directions. The evidence convinces us that, as navigation gradually increased prior to 1890, the northerly course in Upper St. Louis Bay commonly followed by vessels going to or coming from points above Big Island was not along the narrow curving channel skirting Grassy Point, but over the shorter one near the middle of the bay.

This court approved the doctrine of Thalweg, as opposed to the physical middle line, in Iowa v. Illinois, 147 U. S. 1, 13 Sup. Ct. 239, 37 L. Ed. 55, and has adhered thereto. Louisiana v. Mississippi, 202 U. S. 1, 26 Sup.