Battle of New Orleans: Its Real Meaning — John Shaqi
Battle of New Orleans: Its Real MeaningFolk, Reau E. (Reau Estes)
History
Battle of New Orleans: Its Real Meaning
Folk, Reau E. (Reau Estes)
New Orleans, Battle of, New Orleans, La., 1815
In the amended proposal of the British (see British to American
ministers Nov. 26, 1814), there are two things highly pertinent to the
inquiry we are conducting, to establish the real value of the Battle of
New Orleans. The first was the provision that peace would not be
effective until after ratification by both countries. The second
consisted in the proposed wording for the mutual restoration clause as
follows: “Belonging to either party, taken by the other.” The effect of
this wording in the mutual restoration clause, would have been that all
territory belonging to either party, taken by the other, should be
returned. But this would not embrace Louisiana, for from the English
standpoint, it did not legally belong to the United States.
As to the first point, a quotation is here given from Updyke (page 317):
“The amended project returned by the British commissioners provided that
the notification for the cessation of the war be issued after
ratifications of the treaty should have been exchanged rather than at
the time of the signature. This was designed, it was supposed, to give
time for the completion of the British plans against New Orleans, the
successful outcome of which was never doubted.”
The American ministers, on November 30th, consented to the substitution
of the day of exchange of ratifications for that of the signature of the
treaty, as the time for cessation of hostilities, and for regulating the
period when prizes at sea shall be restored. (See American to British
ministers, Nov. 30, 1814.)
This agreement was duly carried into the treaty, as we have heretofore
set forth, Article XI, prescribing all details.
The American ministers opposed the proposed words in the mutual
restoration clause, “belonging to either party, taken by the other.”
They insisted on the words, “taken by either party from the other.”
Strong reasons were given by the Americans for their attitude, but the
British ministers refused to yield, saying the matter would be referred
to their Government (Updyke, pp. 324-325).
The British Government, on December 6th, instructed their Commissioners
to insist upon the retention of the words in dispute, and advanced
skilful arguments, in which the real purpose was not revealed. For a
digest of these arguments, see Updyke, pages 335-336.
To the present day reader, having knowledge of the expedition, which was
then on its way to capture New Orleans, the English purpose seems very
manifest.
With diplomatic art the British Government sought to make it appear that
the disputed words, “belonging to either party and taken by the other,”
were founded in the objective relating to the islands in Passamaquoddy
Bay during the time of the agreed upon reference to a commission to
determine the ownership of these Islands.
Public-domain text, read in full here on John Shaqi.
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