90 ARGUMENT OF GREAT BRITAIN. 



in the mackerel fishing rendered access to it of any importance. In 

 1852 Commander Campbell, reporting to the British Vice- Admiral 

 (Seymour) on American encroachments, said (15th August, 1852) : 



" I hear from the people of the country that for years after 

 102 the Treaty of 1818, was ratified, the Americans never did 

 attempt to fish in any part of Chaleur Bay, and that they have 

 only done so within the last 12 or 15 years or since the mackerel 

 fishery has been followed by them with so much advantage The 

 obvious inference then is that it was not till long after the Treaty 

 of 1818 was concluded, that the fishing in the Biy of Chaleur was 

 valued by them, consequently no exception, as regards the word 

 'bays,' seems to have been thought of, & none w r ould ever have been 

 thought of had not the lucrative mackerel fishery become known.'' 

 (British Case, App., p. 190.) 



In 1851, the British parliament passed a statute (14 & 15 Viet., cap. 

 03) establishing as the boundary between the Provinces of Canada 

 and New Brunswick, a line (British Case, App., p. 572) 



" down the centre of the stream of the Restigouche to its Mouth in 

 the Bay of Chaleurs; and thence through the middle of that Bay to 

 the Gulf of the Saint Lawrence; " 



In 1880, the Supreme Court of Canada in the case of Mowat v. 

 McFee (5 Supreme Court Keports, p. 66) decided that the Bay of 

 Chaleurs was all within Canadian territory. 



In 1888, the unratified treaty between Great Britain and the United 

 States conceded the Bay of Chaleurs to Great Britain, the line being 

 drawn from the Light at Birch Point, or Miscou Island, to Mac- 

 quereau Point Light. (British Case, App., p. 42.) 



MIBAMICHI BAT. 



The legislature of New Brunswick has always assumed that the 

 Bay of Miramichi was entirety within its jurisdiction. 



In 1799, (39 Geo. Ill, c. 5) the legislature enacted minute regula- 

 tions regarding fishing operations in the bay. (British Case, App., 

 p. 597.) 



In 1810, (50 Geo. Ill, c. 5) the legislature provided for the erec- 

 tion of beacons or buoys in the bay and its harbours, and imposed a 

 duty of one halfpenny per ton on all vessels (except coasters) enter- 

 ing the bay and harbours. (British Case, App., p. 603.) 



In 1823, (4 Geo. IV, c. 23) the legislature amended the statute of 

 1799; and in 1829 (9 & 10 Geo. IV, c. 3) and 1834 (4 Wm. IV, c. 31) 

 the operation of both of those statutes was continued. (British Case, 

 App., pp. 607, 609, 612.) 



In 1888, the unratified treaty between Great Britain and the United 

 States conceded the Canadian right to the bay. (British Case, App., 

 p. 42.) 



Other bays were conceded by the 1888 unconfirmed treaty. 



