PERIOD FROM 1871 TO 1888. 203 



new treaty, with the result that plenipotentiaries were appointed and 

 negotiations undertaken for that purpose. In these negotiations the 

 plenipotentiaries on the part of the United States were Thomas F. 

 Bayard, William L. Putnam and James B. Angell; and the plenipo- 

 tentiaries on the part of Great Britain were Joseph Chamberlain, Sir 

 L. S. West and Sir Charles Tupper. 



These plenipotentiaries reached an agreement for a treaty on Feb- 

 ruary 15, 1888, but the proposed treaty, on which they agreed, when 

 submitted to the Senate of the United States for its advice and con- 

 sent, failed to secure its approval; and, as under the Constitution of 

 the United States a treaty cannot be made without the advice and 

 consent of the United States Senate, this proposed treaty never 

 became effective. 



Under this proposed treaty. Article I. of the treaty of 1818 was 

 left undisturbed, but the questions of difference which had arisen 

 with respect to it were dealt with by the new provisions. It was 

 proposed that a mixed commission should be appointed to delimit, in 

 the manner prescribed, the British waters, bays, creeks, and harbors 

 on the coasts of Canada and of Newfoundland as to which the United 

 States by Article I. of the treaty of 1818 renounced the liberty to take, 

 dry or cure fish. It was provided that in this delimitation the three 

 marine miles- mentioned in the earlier treaty should be measured 

 seaward from low water mark; or, in the case of hajs, creeks, and 

 harbors, from a straight line dra%vn across the bay, creek, or harbor in 

 the part nearest the entrance at the first point where the mdth does 

 not exceed ten marine miles, except in the following cases : 



At or near the following bays the limits of exclusion under Article I. 

 of the Convention of October 20, 1818, at points more than three 

 marine miles from low water mark, shall be established by the fol- 

 lowing lines, namely: 



At the Baie des Chaleurs the line from the Light at Birch Point 

 on Miscou Island to Macquereau Point Light; at the Bay of Mira- 

 michi, the line from the light at Point Escuminac to the Light on 

 the Eastern Point of Tabisintac Gully; at Egmont Bay, in Prince 

 Edward Island, the line from the Light at Cape Egmont to the Light 

 at West Point; and off St. Ann's Bay, in the Province of Nova 

 Scotia, the line from Cape Smoke to the Light at Point Aconi. 



At Fortune Bay, in Newfoundland, the line from Connaigre Head 

 to the Light on the South-easterly end of Brunet Island, thence to 

 Fortune Head; at Sir Charles Hamilton Sound, the line from the 

 South-east point of Cape Fogo to White Island, thence to the North 

 end of Peckford Island, and from the South end of Peckford Island 

 to the East Headland of Ragged Harbor. 



At or near the following bays the limits of exclusion shall be three 

 marine miles seaward from the following lines, namely : 



