Year: 1872

Inc 1OilOWlH5 memorial Is oiic W 1iio
most important papers that has emanated
from the legislature of Wisconsin 1t gives
the right key note for a campaign, already,
by this signal, well begun, to recover for
the State, rights and privileges OF which it
has been by fraud and force deprived. By
this document, the policy of the State is at
last distinctly defined. 1t asks for nothing
but what is right, and to accept less would
be to submit to injustice and disgrace. We
trust that the action of our delegation in
congress upon this momentous matter, will
be such as to convince the perpetrators of
the outrages in question, that the sneerlng
expressions of contempt with which they
have treated every suggestion that Wis
consin would yet obtain redress, were un-
warranted and indelicate, to say the least.
To the Honorable the Senate and the House Of Rep
resentatives of the United States of America, in
Congress assembled:


The memorial of the Legislature of the State of Wis


consin respectfully represents:


That the bav and harbor of Superior is widening
of the ST. Louis river navigabe and situated on the



no material change had taken place in the harbor since
1928 in which year chart of it prepared by Cap
tain BAYFIELD, Of the British army.


That up to 1868 there all times not less than
nine feet of water on the bar. That the entry of the
hay of Superor at the mouth of the ST. Louis river,
i tne natural channel Of communc4t between Lake
Superior and said bay, the latter being an immense
natural harbor, having frontage OF many miles In
each Of the States of Wisconsin aud Minnesota, and
uerecv available, by way OF said entry, Tor the COM


6 n,,l,, in
Wisconsin.


That the United States government works now in
progress were commenced in 1868, for the improve
mcnt of said entry and will, when completed, insure
channel between said harbor and tie lake, easy OF
access safe and of adequate depth for the passage of
the largest vessels navigating the lakes unless the pto
pcr effect Of such works shall be defeated by the pres
rn diversion of the of the St Louis river from
their natural channel at such entry 10 another, by an
artificial outlet.


That the theory and plan Of said government works
are based upon the combined and undiminished flow
of the St. Louis and Nemadji rivers through said en-
try whereby the formation Of bar (Which results
from the wash Of the lake. and not from the sediment
Of the stream,) will be prevented.


The United States government engineers officially
familiar with the situation, have explicitly declared
that disastrous consequences would result from tue
opening of a artificial channel through minnesota
Point OF sufficient depth for the passage OF lake craft,
as projected by the city of Duluth.


That IA April 1871. the atty anthnriies Of Duluth,



nary width and depth through Minnesota Point nearly
seven miles from the government piers, at the entry
III order connect the upper end OF the bay of Supe
rior with the lake.


That such canal has since been partially completed
and has already drawn down the head of water in the
bay and Is destroying the utility OF the government
works at the entry.


That the government engineers n charge of the
works the entry Of their harbor protested against
the cutting of said canal


That work ON said canal was prosecuted with full
notice on the part of the city Of Duluth that in the
opinion of the United States engineers. the opening OF
such canal would injuriousy affect the natural entry,
aud defeat the objects of the government Improvement
that point


That the interests of the citizens Of Wisconsin are
prcjudiced and their vested rights infrnged by any
which permanently renders more difficult the
navigation of the Entry, the natural channel OF com
muuieaton between the bay and the lake. And the
declarations of the government engineers have been
abundantv justified by the effects which have followed
the actual opening of canal at Duluth through Min
ncsota Point, during the last summer. Almost imnc-
diatcly remarkable shoang took place at the natur
al entry preceded 10y that would account for
it. except the opening of said canal; and further the
actual filing up of the natural entry between the piers
now in course of construction by the general govern
ment has utterly precuded ngress egress of craft
owned and now lying in the harbor OF Superior


That within the present year IA suit was commenced
by the United States in the circuit court of the United
Stttes, against the city of Duluth and Others to re
strain the construction of said canal, on the ground
that the same declared by the war department
was injurious interests at the entry which govern
ment was bound TO protect.


That the interest of Wisconsin and the people oi
Superior in said suit recognized by the govern
ment by engaging Hon. Matt. H. Carpenter the adyo
cate of that interest to appear in said suit counsel
for the United States and the retainer of the state
of Wisconsin.


That upon motion made in said suit before Judge
Miller, in Topeka, the defendant, the city OF Duluth,
jpy and liz prpp
Of the case exhibited by afiiavits read on both
sides provisional injunction granted, restrain
ing the defendants from further prosecuting the work
on said canal thus justfyug the governments action
in the matter and sustaining its claim that the injury
resulting the entry from the canal constant aud
imminent, and such demand the immediate dis
continuance of the work upon the latter.


That thereupon the attorney for the city of Duluth
repaired Immediately to Washington, and there, in
company with Mr. Jay Cooke made application to
some bureau of the department to have said in
junction suspended upon the execution by the city OF
Duluth Of bond to the United states IN the penal
of sleo oo0 conditioned that said city should on
or before the first of December, 1871, bud dyke
the bay of Superior, from Rices Point to Min
nesota Point and should also complete the said canal


That said application entertained without any
notice of the having been gwen any person in
Wisconsin, whose rights ami interests were most grave
" involved in the proposed action of the department.
and so far as informed without any notice to
any attorney or counsel concerned for those rights and
interests


That said application was at once granted and an
order from the department issued directing that said
injunction be suspended upon the execution by the
city OF Duluth of the bond aforesaid.


That this action of the war department tand we so
declare with entire respect for its high functions aud
authority has ever been regarded by the people of
Wisconsin familiar with the an oppressive and
uuwarranable grievance, which officers OF the govern
ment would not wantonly nlict. and which could only
come from misrepresentation OF the situation as re-


cards rho varions interests concerned for the integrity
Of the harbor system at the head of Lake Superior


That the construction of such dyke across the bay