See United States v. Illinois, U. Either of the High Contracting Parties may adopt rules and regulations governing the use of such canals within its own territory, and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects or citizens of the High Contracting Parties and the ships, vessels, and boats of both of the High Contracting Parties, and they shall be placed on terms of equality in the use thereof.
Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice.
Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Charles W. Pigeon River Co.
Syllabus Case U. Supreme Court Pigeon River Co. Argued December 6, 7, Decided January 5, U. The Webster-Ashburton Treaty of declares that "all water communications and all the usual portages along" the international boundary line, as established by the Treaty "from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon River, as now actually used, shall be free and open to the citizens and subjects of both countries.
Held that the clause does not preclude an improvement of the stream, by sluiceways, booms, and dams, rendering it capable of transporting timber products -- a use theretofore impossible because Page U. Held: 1 A state may make reasonable provision for local improvement of a navigable stream until its authority is superseded by dominant federal action.
Page U. Webster: [ Footnote 3 ] "At the mouth of the Pigeon River, there is probably about three hundred yards in length of alluvial formation; but the river above that, as far as to near Fort Charlotte, runs between steep cut rocks of basaltic or primitive formation, and is a succession of falls and rapids for nearly its whole length -- the last cataract, which is within about a mile of its mouth, being almost one hundred feet in height.
Webster's communication Page U. This Canadian corporation, under an agreement with the Pigeon River Company, similarly improved the portion of the Pigeon River on the Dominion side of the boundary so that the improvements made by each company "constituted complements the one of the other, and the whole of said improvements Page U.
It was further provided that the river, "after being so improved, shall be open at all times to the free passage of all timber cut from said Grand Portage Indian Reservation, and to the passage of all other timber for a reasonable charge therefor. He said, however, that he should have "preferred it had the majority of the court seen its way clear to base its decision upon a holding" that the stipulation of the treaty "was merely meant to ensure to the citizens of both countries equality of rights in regard to the water communications, portages, etc.
This was in the view that "the legislative competence of a provincial legislature is as plenary and as ample as the Imperial Parliament in the plenitude of its power possessed and could bestow;" that the existence of the treaty does not of itself impose a limitation upon the provincial legislative power; that "the treaty, in itself, is not equivalent to an Imperial Act and, without the sanction of Parliament, the Crown cannot alter the existing law by entering into a contract with a foreign power.
Under this decision in Canada and that of the Circuit Court of Appeals, we have the extraordinary situation that, as to these improvements at the same place on the Page U. The words of the clause in question "as then actually used," undoubtedly refer to the Grand Portage, but we think there is force in the reasoning of the opinion of Judges Rinfret and Smith in the Supreme Court of Canada that these words were not limited to that portage, and we are not convinced that it was the intention either to Page U.
The authority was given because of the governmental interest in the Indian Reservation adjacent to the Pigeon River, and Page U. We think that it is proper to infer that the Congress, in view of the condition of the stream and the purpose of the improvements, did not consider the authority to make them and to impose a reasonable charge for their use as being inconsistent with the treaty Page U.
Article III of the treaty thus provides: "It is agreed that, in addition to the uses, obstructions, and diversions heretofore permitted or hereafter provided for by special agreement between the Parties hereto, no further or other uses or obstructions or diversions, whether temporary or permanent, of boundary waters on either side of the line, affecting the natural level or flow of boundary waters on the other side of the line, shall be made except by authority of the United States or the Dominion of Canada within their respective jurisdictions and with the approval, as hereinafter provided, of a joint commission, to be known as the International Joint Commission.
Buck, Minnesota History Bulletin, vol. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources. Justia Legal Resources. Find a Lawyer.
Law Students. US Federal Law. US State Law. Other Databases. When they arose the next morning they found thirty kegs of high Wines all run out! Upon examination it was found they had been bored with two gimlet holes each! From a series of dives, sponsored by the Quetico-Superior Underwater Research Project, took place near historic Pigeon River canoe landings at Ft. An assemblage of artifacts were found including materials from birchen canoes, cedar paddles and footwear; items only preserved because of the anaerobic conditions in the river bottom sediments.
Principle Investigator on the project, archeologist Douglas Birk, has stated, "These objects comprise one of the largest and most diverse collections of fur trade-era artifacts yet recovered in Minnesota. Criminal Code, Title 18 U. We are collecting this information subject to the Paperwork Reduction Act 44 U.
This information is being collected to allow the park management to make value judgements necessary to enhance the safety and enjoyment of both the visitors and wildlife.
All applicable parts of the form must be completed in order for your request to be considered. You are not required to respond to this or any other Federal agency-sponsored information collection unless it displays a currently valid OMB control number. Public Reporting burden for this form is estimated to average 8 minutes per response, including the time it takes for reviewing instructions, gathering and maintaining data, and completing and reviewing the form.
MS , Reston, VA Box Grand Portage , MN Explore This Park. Grand Portage National Monument Minnesota. Info Alerts Maps Calendar Reserve.
Alerts In Effect Dismiss. Dismiss View all alerts. Decks at Fort Charlotte campgrounds help keep you dry. The hilly, rocky, rutty route challenges even experienced hikers. Know your limits. Picnic tables and cooking grills at Fort Charlotte campgrounds NPS Rules - Best Practices Backcountry travelers must have their permit in their possession while in the backcountry.
Once camp is established, the permit must be attached to a pack, tent, or other equipment in plain view so it can be easily checked by rangers. A plastic zip-lock style bag will keep your permit dry. Permits are valid only for the trip leader, itinerary, number of people, and dates specified on the permit. Permits for all overnight backcountry use must be obtained through Grand Portage National Monument. After examining the current hydrograph be sure to select the right year you should note that very difficult paddling conditions can be expected at cfs cubic feet per second and below.
At this low water stage, you can expect exposed rocks in the river channel- especially where the English portage used to be located. The English portage is likely little used today as there is typically more than sufficient water to float through this section of river. Very good paddling conditions can be expected at cfs. Conditions for paddling become more complex and difficult as discharge increases above cfs. Fort Charlotte Camping Permit Application Complete the following fields and be sure to include an email address and telephone number.
The Grand Portage has probably been used for over 2, years. Originally, Native Americans used it to travel from Lake Superior inland to their hunting areas. To them it was called Gichi-onigaming the Great Carrying Place. Much later, about years ago, The Grand Portage was used by the fur traders mostly French to travel from Lake Superior to the interior lakes, where fur-bearing animals could be found and trapped. At Fort George, furs were processed so that they would be able to survive transport to the east end of the Great Lakes a nearly 2, mile journey accomplished by using 36 foot Montreal canoes.
From there, the furs were sold at markets. A second fort was established 8. Fort Charlotte was still standing in , but by a surveyor could hardly find any sign of the place. The Grand Portage connects these two forts. The Grand Portage exists to avoid having to do many short portages up the Pigeon River. This is because the lower 21 miles of the Pigeon River has a large number of rapids and several major waterfalls. These two forts and The Grand Portage were only heavily utilized from the mid's until The North West Company, the operators of this fur trading business, voted at that time to move their operation north to Canada.
That route followed the river of that same name from Lake Superior upstream to the interior lakes. From Lac La Croix, the two routes followed the same path further to the west along the border. The actual trail starts across the road behind Fort George on the opposite side of the fort from Lake Superior.
The entire walk took just over 3 hours with all the stops edited out of the videos. However it will take most hikers at least 4 hours in one direction as you need to stop and rest, eat and take in a few of the sights along the way. Budget at least 8 to 10 hours if you plan to hike the whole Grand Portage in one day. There are a couple streams crossed along the way in which to filter water, as well as the Pigeon River at Fort Charlotte. Better to probably carry as much liquid as you'll need.
It's a little over 17 miles round trip. Makes for a great two day backpack or a very long day trip. The trail that makes up the Grand Portage is kept in great condition by the U.
National Park Service. However, this is no flat trail. There are plenty of hills to go up and down along The Grand Portage. You will encounter many muddy spots, especially after a good rain.
There is always some blowdown along the route too. Oh yeah, there can be plenty of bugs too. But the main thing that makes The Grand Portage a challenge is that it is just plain loooooong! If you want to break the hike into more than one section, it is possible to park a car along Old Highway 61 and hike from that point. Old Highway 61 is near the mid-point of the trail.
This is the approximate view that voyageurs would experience as they approached Fort George after paddling across Lake Superior. Their route began on the eastern end of the Great Lakes, a roughly 2, mile journal to reach this point. Once arriving at Fort George, the voyageurs swapped the big lake going canoes for smaller ones to travel the inland lakes some of those lakes are now part of the Boundary Waters Canoe Area and Quetico Provincial Park. Showing up after dusk usually meant you were spending the night outside the fort.
The entrance to Fort George. Fort George was where furs obtained from the interior areas like the current day BWCA and Quetico were accounted for, processed and packaged for their trip back to the eastern end of the Great Lakes and even Europe.
The main administrative building at the fort. One of the Montreal canoes just to the right as you enter the east gate. These are the canoes used to traverse the Great Lakes. Smaller canoes were carried across The Grand Portage and used on the inland lakes..
The fur press contraption used to process the pelts brought through the fort. This is the main building at Fort George. This is where business transactions were consummated and the administrative staff worked for the Northwest Company. Tower on the right guarded the west gate. If headed down The Grand Portage, head for that gate. From the landing dock on Lake Superior, cut through Fort George and out the forts western gate. Proceed across the open field to the start of The Grand Portage.
This is the gatehouse to Fort George on the inland side of The Fort. The Grand Portage starts back over your left shoulder. Just follow that gravel path faintly visible at your feet to the left of center away from the fort. There are buildings outside the fort's walls too.
0コメント