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
“All territory, places and possessions whatsoever, taken by either party
from the other during the War, or which may be taken after the signing
of this Treaty, excepting only the Islands hereinafter mentioned, shall
be restored without delay and without causing any destruction or
carrying away of any of the artillery or other public property
originally captured in the said forts or places, and which shall remain
therein upon the exchange of the ratification of this Treaty, or any
slaves or other private property; and all archives, records, deeds, and
papers, either of a public nature or belonging to private persons,
which, in the course of the War, may have fallen into the hands of the
officers, of either party shall be, as far as may be practicable,
forthwith restored and delivered to the proper authorities and persons
to whom they respectively belong. Such of the Islands in the Bay of
Passamaquoddy as are claimed by both parties, shall remain in the
possession of the party in whose occupation they may be at the time of
the exchange of the ratification of this Treaty until the decision
respecting the title to said islands shall have been made in conformity
with the fourth article of this Treaty. No disposition made by this
Treaty as to such possession of such islands and territories claimed by
both parties shall, in any manner whatever, be construed to affect the
right of either.”
The Treaty, from which the clause above is quoted, can of course be
found in Washington, but copy may be seen at almost any general public
library, in the volume herebefore referred to containing various
Treaties of the United States.
The reader, who has been following us in our showing of the various
stages of the development of the British design to protect, by
diplomacy, the Louisiana expedition, will recognize the significance of
the word “possessions.” By reason of that word, the British were in
position to maintain, after capturing Louisiana, that it was not subject
to return under the mutual restoration clause adopted, not being, under
English construction, a legal “possession” of the United States, formal
notice of that construction having been given in the treaty
negotiations. The subtly accomplished insertion of the word in the
treaty represented a triumph of ulterior British diplomatic design over
the very able, hard-headed, but open and candid American commissioners,
who were entirely in the dark as to the Expedition dispatched to seize
Louisiana.
That word was of course not as exclusive of argument as the Uti
Possidetis principle first proposed, and insisted upon almost as a sine
qua non; nor was it as clear as the wording subsequently urged,
“belonging to either party and taken by the other”; but it was all
sufficient, backed by the British conviction that Louisiana was not a
legal possession of the United States, and supported by the mighty
British martial power, then unleashed from European war.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account