This treatise is a chronological accounting of subject surveys, upon the basis of historical records obtained from the National Archives, the State Historical Society of Wisconsin and various other sources. Such reference material provided several hundred pages of historical detail, as well as numerous maps and survey field notes. This facilitated the preparation and accuracy of the treatise; an enjoyable research project.

Under the Ordinance of 1787, Wisconsin was a part of the Northwest Territory to 1800; a part of the Indiana Territory to 1809; a part of the Illinois Territory to 1818; and a part of the Michigan Territory to April 20, l836, when Wisconsin finally became a separate territory.

On January 26, 1837, Michigan attained statehood. The Upper Peninsula area of the state was reluctantly accepted in lieu of the controversial "Toledo Strip", adjoining Ohio; Wisconsin had wanted the U.P. area.

On June 12, 1838, Congress adopted an "Act to ascertain and designate the boundary line between the State of Michigan and the Territory of Wiskonsin". Such act included a description of the boundary, which was decided upon the basis of an early map of the area: "following the Montreal River from its mouth at Lake Superior, southeasterly to the middle of Lake of the Desert; thence in a direct line to the nearest headwaters(fork) of the Menominee River; thence down the main channel to the most usual ship channel of Green Bay; thence through the center of said ship channel to the middle of Lake Michigan....." The act also included a "not to exceed" appropriation of $3000 for the total cost of the boundary survey. Such appropriation was later proven inadequate.

No further action apparently ensued on the matter until February 24, 1840, when Messrs. Norvell and Crary, of Michigan sent a letter to President Van Buren, suggesting that the boundary survey might be made by some officer of the Corps of Topographical Engineers, of the War Department.

On February 27, 1840, Treasury Secretary Levi Woodbury sent a letter to Commissioner James Whitcomb, of the General Land Office, that such office should take charge of the boundary survey matter, without delay; by order of President Van Buren. In the interim, Commissioner Whitcomb had also been given the approval of Secretary Woodbury, to initiate communications with the Secretary of War, concerning the suggestion by Messrs. Norvell and Crary. Indecision is apparent concerning the survey.

In April of 1840, Lt. Col. Kearney was then appointed, and had shortly thereafter advised the Government Land Office that the $3000 originally appropriated by the 1838 Act was entirely inadequate to defray the expense of the boundary survey; whereupon, the matter was apparently deferred until further legislation be considered by the Congress.

On July 20, 1840, Congress adopted a second act, directing that the boundary survey matter be placed under the superintendence of the War Department, including a reappropriation of the $3000; thereby relieving the Government Land Office, of any further involvement in the matter.

On July 30, 1840, a letter was issued by Col. J.J. Abert, Chief of the Bureau of Topographical Engineers, instructing Captain Thomas J. Cram, a Topographical Engineer, as officer-in-charge of the boundary survey.

Captain Cram was ordered to proceed at once to Detroit, Michigan to outfit his survey party, obtain passage and proceed without delay to Menominee City on the Wisconsin side of the Menominee River; wherefrom, he shall commence the boundary survey between the State of Michigan and the Territory of Wisconsin. The party went by canoe up the river system.

During the autumn season, the survey was conducted as nearly as possible in conformity with the instructions; however, it could not be completed, as several disparities were revealed, which were inconsistent with the boundary as described by the act of Congress. An earlier map, upon which Congress had relied to draft the boundary description, indicated that the headwaters of both the Menominee and Montreal rivers was the lake known as Lac Vieux Desert. Together, they constituted a continuous and natural boundary from Lake Superior southeasterly to Green Bay.

Captain Cram's survey proved that Lac Vieux Desert, was neither the headwaters of the Menominee or the Montreal rivers, but rather of the Wisconsin River; and that no natural boundary existed for some distance from the lake northwesterly to the true headwaters of the Montreal river. The crew primarily obtained mapping detail of the boundary route.

It was further proven that the nearest natural boundary southeast of Lac Vieux Desert, began in lake Lac Brule as headwaters of the Brule River; which flowed into the Menominee river. Numerous islands were also found along the Menominee and Montreal rivers, which resulted in even further difficulty to ascertain the centerline or the main channels thereof.

Captain Cram completed his first report on the survey, and submitted it to Col. J.J. Abert, in December of 1840; including various maps and an appendix which more accurately described the salient land features along the boundary survey route. In his report, a revised boundary description was recommended for consideration by the Congress; and that it would require an additional appropriation of $13,000 to complete the boundary survey. Captain Cram completed the survey report at Racine, Wisconsin.

On December 22, 1840, the Senate adopted a resolution, requesting that the President provide any information in his possession relative to the ensuing boundary survey. On February 1, 1841, Col. J.J. Abert, sent Captain Crams report by letter to Secretary of War J.R. Poinsett, who transmitted same to President Van Buren, who on the same day provided the report to the President of the Senate, Samuel L. Southard.

On March 31, 1841, a second letter of instructions was issued by Col. J.J. Abert to Captain Cram, directing him to continue the survey of the lands between the headwaters of the Menominee and Montreal rivers; and also a survey of both rivers, so Congress could decide on the boundary.

It is uncertain from the available records, whether or not an additional appropriation had been approved by the Congress; presumably it was. On January 24, 1842, the Senate adopted a resolution requesting that the Secretary of War forward all available reports and drawings relative to the boundary survey. Apparently the boundary survey was of some concern.

On February 10, 1842, Captain Cram forwarded his second survey report by letter to Col. J.J. Abert; including additional maps and an appendix. The report also advised that a survey of the lower part of the Menominee river and ship channels in Green Bay, remained to be completed; and that an additional $7000 would be required, for another seasons work.

On March 7, 1842, Col. J.J. Abert transmitted the second report made by Captain Cram to Secretary of War, John C. Spencer, who on the same day submitted the report to Samuel L. Southard, President of the Senate.

As evidenced by available records, no further action regarding the boundary survey matter is apparent until 1846, when the Territory of Wisconsin insisted upon the attainment of statehood.

On August 6, 1846, Congress adopted an act enabling the attainment of statehood by the Wisconsin Territory; including a description of the boundaries of the state, substantially as they are presently described.

On August 10, 1846, the Congress adopted an additional act providing for a survey of the described boundary between the Upper Peninsula of the State of Michigan and the Wisconsin Territory, under the direction of the President and the Commissioner of the Government Land Office.

On September 15, 1846, Acting Commissioner James H. Piper, transmitted a letter to Lucius Lyon, Surveyor General of Detroit, directing that the boundary survey be commenced without delay, in accordance with the instructions contained therein.

On April 27, 1847, William A. Burt, a renowned and experienced Deputy Surveyor, and inventor of the solar compass, was contracted by the Government Land Office, to perform the boundary survey between the headwaters of the Montreal and Brule rivers; as described by the 1846 congressional act. Surveyor Burt was also provided with all available copies of Captain Cram's previous surveying reports and maps. Mr. Burt was contracted at the rate of $l6 per surveyed mile; however, the total cost was not to exceed the $1000 appropriated by the Congress.

On May 1, 1847, Surveyor General Lucius Lyon prepared and transmitted special instructions to Deputy Surveyor William A. Burt, concerning the contracted boundary survey.(See transcript on Page 7).

On May 14, 1847, Surveyor Burt departed from Detroit with 30 men, pack horses and supplies, aboard the steamer "Sam Ward". The party arrived at L'Anse on Lake Superior, May 24, 1847; whereupon, they proceeded to lake Lac Vieux Desert to establish a warehouse for supplies, and to establish the first survey camp at the outlet of lake Lac Brule. The party traveled from L'Anse to lake Lac Vieux Desert by overland trail.

On May 19, 1847, Surveyor General Lucius Lyon transmitted the documents, in confirmation of the survey contract with Mr. Burt, to Richard M. Young, Commissioner of the General Land Office; a standard procedure.

On June 8, 1847, the boundary survey was commenced at the outlet of lake Lac Brule, as headwaters of the Brule River, and proceeded northwesterly to the center of the channel between Middle and South islands, in lake Lac Vieux Desert. The party then commenced at the fork of the juncture of the Balsam and Pine rivers, as the headwater source for the Montreal river, and proceeded southeasterly, along a predetermined astronomical course of South 74 degrees 27 minutes East, to the established channel center between Middle and South islands in lake Lac Vieux Desert.

The entire boundary survey was completed on July 5, 1847. According to the record field notes, the total length of the surveyed boundary was 64.309 miles, over a period of 28 days, or an average of approximately 2.3 miles per day; and excluding an almost equal number of miles for random lines to determine the true boundaries; and meander courses.

A more detailed study of Burt's field notes, reveals that the survey crew had set approximately 40 meander posts, 56 half-mile posts and 59 mile posts along the survey boundary. In addition, over 300 line trees were notched and described, and over 300 bearing trees were scribed and marked, to further witness the boundary line.

Burt also determined the accurate longitude and latitude of the following boundary points, by averaging several observations at each point with his solar compass:

In May of 1927, Wisconsin and Michigan established a temporary boundary commission, and agreed to pursue a resurvey of Mr. Burt's l846 original survey line; between the headwaters of the Montreal and Brule rivers.

On September 15, 1928, the commission entered into a boundary resurvey agreement with Earl G. Harrington, a cadastral engineer, of the U.S. General Land Office. In addition to resurveying specifications, the agreement stipulated that Mr. Harrington would be paid at the rate of $120 per mile, for the total boundary length of 64.309 miles previously surveyed by Burt in 1846; and that the total resulting cost of $7717.08, would be divided equally in payment by both of the states.

On September 20, 1928, Mr. Harrington commenced the boundary resurvey, at the position previously monumented by Burt for the headwaters of the Montreal river; being the juncture of the Pine river and Balsam creek. He then retraced Burt's boundary line southeasterly to the previously established point in the center of the channel between Middle and South islands in lake Lac Vieux Desert. Mr. Harrington then proceeded to retrace Burt's boundary survey from the mouth of the Brule river, at the outlet of Brule lake, northwesterly to the center point in Lac Vieux Desert. A few of Burt's original corners required restoration process.

On August 27, 1929, Mr. Harrington completed the boundary resurvey in accordance with the specifications, provided by the agreement with the joint boundary commission; and certified the correctness thereof on July 8, 1930, at Washington, D.C.

At each recovered half-mile, mile and meander corner position along the boundary line, a standard concrete monument was placed by the resurvey. The monuments were of cast concrete, measuring 26 inches long, 6 inches square at the top and 7.5 inches square at the bottom. At the top of each monument, a metal tablet was affixed and further stamped in accord with agreement specifications. For each established monument, a minimum of two new bearing trees were blazed and scribed for reference purposes. At Mile Corner No. 45+1984.2 feet, a special monument was placed for the purpose of commemorating the boundary resurvey between the states. This monument is presently a historical marker east of Land O Lakes, near the junction of Highway 45/32 and County Highway 'B', which the author has recently visited and photographed.

During the resurvey, Mr. Harrington had recovered nearly 75 percent of the original monument positions previously established by Burt in 1846. And reported that the original boundary line bearing and distances by Burt, had varied only slightly from that observed or obtained by modern surveying instrumentation. He credited Burt's boundary survey, as one of the best of the many original surveys, that had been contracted with the Government Land Office before the turn of the century.

Mr. Harrington used a Buff transit for angular measure and astronomic observations, and a steel tape for distance. Distances across the lakes, along the boundary line, were determined by double triangulation.

In January of 1931, the joint boundary commission duly accepted and approved the resurvey field notes and maps, submitted by Mr. Harrington.

Although the resurveyed segments of the state boundary were apparently approved by the states, controversy continued between the states with respect to unsurveyed river and Green Bay channel boundaries and certain islands therein.

As a result, suits filed by Wisconsin as plaintiff, were ruled upon by the U.S. Supreme Court in 1935 and 1936, to finally conclude location of all riparian boundaries and the disposition of islands; by court decree, Washington and Chambers islands in Green Bay were attached to Wisconsin, and all islands in the Menominee River above Quinnesee Falls confirmed to Michigan, and all islands south of the falls confirmed to Wisconsin.

The previously surveyed boundary between the states, was also affirmed by the latter court decisions, as originally ruled by the court in 1926; and which persists as the present boundary between the states.

Historical accounts reveal, that both Captain Cram and Mr. Burt's survey parties, had encountered much toil and hardship during their respective surveys of the state boundary; including, several encounters with the local tribes of the Chippewa Indian Nation. Unbeknown to Mr. Burt and the U.S. Government, Captain Cram had entered into a treaty with the tribes, including gifts as recompense, for approval to proceed with the survey project.

When Mr. Burt encountered a tribe during his boundary survey, he was required to relinquish half of his provisions. And his packers had to return to L'Anse for replenishment; including more gifts.

Along the overland boundary route, between the headwaters of the Brule and Montreal Rivers, numerous lakes and swamps were traversed by the survey parties, and several packers transported supplies and equipment between the supply storage camps. Canoe travel required long portages.

As evidenced from the historical accounts, Captain Cram's survey had resulted in a more accurate delineation of the various rivers and other natural features along the boundary route; however, he was unable to complete the survey of the intended state boundary, apparently due to the inaction of the Congress to decide upon the final boundary location and to provide the additional appropriations required.

The entire surveying, mapping and governmental involvements, required nearly a century, to resolve the boundary uncertainties and conflicts!!!

In addition, a portion of Burt's boundary was reestablished by a survey of the Government Land Office in 1922, prior to Harrington's resurvey; and a part of Harrington's resurvey was retraced by such office in 1942. More recent accountings, by subsequent surveys of public record, reveal the recovery of the concrete monuments set by the Harrington resurvey.

Surveyor Generals Office
Detroit, May 1, 1847

Sir:

In account of your great experience and ability in Surveying you have been selected to "Survey mark and designate, so much of the boundary line between Michigan and Wisconsin, as lies between the source of Brule river and the source of Montreal river, as defined by the Act to enable the people of Wisconsin Territory to form a Constitution and State government, approved the 6th of August 1846.

In the execution of this work you will be governed strictly by the instructions contained in a letter from the Commissioner of the General Land Office dated the 15th of September 1846, a copy of which is herewith enclosed.

In order to establish this boundary correctly, you will probably find it necessary first to run random lines to ascertain precisely the relative positions of the different points named in the Act above referred to. When this shall have been done, the true line may be run, measured, marked and established, either Northwesterly from the source of the Brule river, or Southeasterly from the source of the Montreal river, as you may find most convenient, taking care to mark the end of every mile and half mile by setting posts and taking and noting in your field notes at least one bearing tree on each side of the line, to be marked with a notch and blaze facing towards the posts in the same manner as in the Surveys of the public lands. They should also be marked with the number of miles and half miles which each post is distant from the place of beginning, and the letter "M". to denote miles, should likewise be marked either to the right hand or below each number.

These posts may be measured to and their distances from the intersection of township and section lines noted by the Surveyors whose Surveys may close on either side of this line, and thus an accurate connection of the Surveys in Michigan with those of Wisconsin can be obtained; while the boundary between the two States will be accurately defined at so many points that no dispute can ever arise concerning it.

It is important that this boundary be well and very distinctly marked, and you will please pay particular attention to this, as well as all the other requirements of the Commissioners letter above mentioned.

That portion of the boundary which you are to survey and establish is described in the first section of the Act of the 6th of August 1846, before mentioned, as follows viz: (beginning at the outlet of the Brule river from 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 head waters of the Montreal river, as on the survey made by Captain Cramm".

It is hoped and expected that you will be able to complete this work so that returns may be made of it to the Commissioner of the General Land Office before the commencement of the next session of Congress.

Very Respectfully
Your Obedient Servant

Lucius Lyon
Surveyor General

P.S. The reports of Capt. Cram, mentioned in the Commissioners letter, are already in your possession, and it is therefore unnecessary to enclose them. L.L.

Mount Vernon, Michigan
November 20th, 1847

Sir:

In pursuance of a contract dated 27th April and your instructions of the 1st of May last, I have surveyed, marked and established so much of the Boundary 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" approved on the 6th of August 1846, and now enclose herewith my field notes and map thereof for your approval.

In the prosecution of this work, a random line was run as represented on the map, from the centre between the Middle and South Islands in the Lake of the Desert(Lac vieux Desert) to the source of Brule river, which is the outlet of Lac Brule; and another random line from the same point in Lac Vieux Desert, to the head proper of Montreal River as marked on the survey made by Captain Cram.

These random lines were slightly marked and posts were set thereon at the end of every mile and half mile each way from the Coast of Lac Vieux Desert, but no other marks were made.

The marking was found necessary to enable the packers to follow the line with supplies of provisions etc during the progress of the survey.

From data thus obtained, the true boundary line was run, marked, measured and established in a direct line from Lac Brule, N 59 38'W 13 miles 37 chains and 66 links(exclusive of the meanders around the South end of Lac Brule) to the centre between the middle and south Islands in Lac Vieux Desert; and also from the head proper of Montreal river S. 74 27'E 50 miles 67 chains and 6 links to the point described in the last mentioned lake.

The latitude and longitude at the outlet of Lac Brule, at Lac Vieux Desert, and the head proper of Montreal river, are given in a tabular form at the close of the field notes.

This Boundary line has been well blazed and a post set at the end of each mile and half mile, with two bearing trees to each post faced and notched & noted in the field notes in the same manner as in the Survey of the public land.

These bearing trees and posts are also marked with figures and the letter M. cut in the wood with a marking tool to denote miles, the number of miles and half miles which each post is distant from the place of beginning.

In like manner posts have been set and bearing trees taken at the intersection of this line with the numerous lakes over which it passed; and on each half mile those trees on line have been notched with two notches on each side in the direction of the line, and their distances, name and diameter have been entered in the field notes.

Posts have also been set and bearing trees taken in the usual manner at the intersection of the Township lines in Michigan with this Boundary, and the notes thereof will be found entered in that survey.

The numerous posts thus established and the notched trees above mentioned, together with the natural scenery, such as lakes, Islands, points of land, etc. are entered in the field notes, with the latitudes and longitudes of important points referred to, define and establish this boundary line in a permanent and indisputable reference.

Respectfully, Your Obedient Servant

William A. Burt, Deputy Surveyor

Report & Field Notes of the Survey Between Michigan and Wisconsin in 1847, by William A. Burt, Deputy Surveyor. Also copy of contract, bond, letters and plats, obtained from National Archives, Washington, D.C.

Captain Thomas Jefferson Cram Manuscripts and Maps obtained from State Historical Society, Madison, Wisconsin.

Extract relating to Wisconsin-Michigan boundary surveys, from the book entitled Bo-Wa-Bic Country, by Herbert F. Larson, Sr. obtained from the Board of Commissioners of Public Lands, Madison, Wisconsin.

Wisconsin-Michigan Boundary Survey Report, Field Notes & Maps prepared by Earl G. Harrington, Cadastral Surveyor, U.S. General Land Office, Washington, D.C. Copy obtained from the Board of Commissioners of Public Lands, Madison, Wisconsin.

U.S. Senate Resolution No. 151, dated February 3, 1841, pertaining to Wisconsin-Michigan Boundary Survey, including the December 1849 survey report and maps by Captain Cram. Copy obtained from the Board of Commissioners of Public Lands, Madison, Wisconsin.

U.S. Senate Resolution No. 170, dated March 8, 1842, pertaining to the Wisconsin-Michigan Boundary Survey, including the February 1842 survey report by Captain Cram. Copy obtained from the Board of Commissioners of Public Lands, Madison, Wisconsin.

1922 & 1942 Field Notes by Government Land Office of partial resurveys of Wisconsin-Michigan Boundary. Copies from National Archives.

U.S. Supreme Court decisions from Wisconsin Office of Attorney General.