QUESTION FIVE. 101 



1819 down to 1872, when a fresh convention was made, this would be 

 very strong in the tribunals of any nation to show that this bay is by 

 prescription part of the exclusive territory of Great Britain. 



BAY OF CHALEURS. 



The Bay of Chaleurs has a headland width of 16 miles. It has been 

 treated as British territory by the Legislatures both of Great Britain 

 and Canada. By the Imperial Statute of 1851, 14 and 15 Viet., c. 63 

 (App., p. 572), the boundary between the province of Canada and 

 New Brunswick was settled as running down the centre of the Bay of 

 Chaleurs, thus treating the whole bay as territorial waters. Canadian 

 statutes have been passed assuming jurisdiction over the whole bay. 6 



(App., pp. 600, 607.) 



114 The Supreme Court of Canada has held that the bay is all 

 within British territory. 



MIRAMICHI BAT. 



Miramichi Bay is situate in New Brunswick, and has a headland 

 width of 14^ miles. By a New Brunswick statute of 1799 d (App., p. 

 597), this bay was treated as being within the adjoining county of 

 Northumberland, and subsequent amending acts have confirmed this 

 claim. 6 (App., pp. 603, 607, 609, 612.) 



In no single instance has the jurisdiction of Great Britain over 

 these bays been challenged by any other Power than the United 

 States, and the objection of the United States has been limited to the 

 sole question of the extent of the fishing liberties given by the treaty 

 of 1818. 



OTHER NATIONS. 



Claims to maritime jurisdiction much more extensive have been 

 made by other nations. They are referred to in Hall on International 

 Law/ and in the works of other writers. It is enough to say here, 

 in order to show the extent of the claims that were made at the 

 beginning of the 19th century that the rights of Sweden in the Gulf 

 of Bothnia, of the Turks to the Archipelago, of Holland to the 

 Zuyder Zee, and of Denmark both to the Belts and Sound, were at 

 that time uncontested. 



FISHERY CONVENTIONS. 



In fixing the limit within which the exclusive right of fishing is 

 reserved to riparian States, it has become not uncommon to enter into 



a (Imp.) 14 and 15 Viet, c. 63; (Can.) 4 and 5 Viet, c. 36. 



6 47 Geo. Ill, c. 12, s. 15; 4 Geo. IV, c. 1, s. 25. 



"Mowat v. McFee (1SSO), 5 Sup. Ct. R. 66. 



*39 Geo. Ill, c. 5. 



50 Geo. Ill, c. 5 ; 4 Geo. IV, c. 23 ; 9 and 10 Geo. IV, c. 3 ; 4 Wm. IV, c. 31. 



f 5th Ed., p. 150. 



92909 S. Doc. 870, 61-3, vol 4 8 



