CHAPTER IV.

Falsehood Shown by the Records.

The unanimity of view presented by these extracts from Tennessee adopted

histories, gives justification for the assumption that the same view

obtains throughout the United States. In partial extenuation of school

historians and of Textbook Commissions, it may be said that they have

followed the lead of most generally recognized historians. But any

trusting follower of the pack leaders could have ascertained, without

much trouble, that the battle of New Orleans was NOT fought after peace.

It occurred fifteen days after the Treaty of Ghent had been signed by

the Commissioners of the two interested nations, but expressly, by the

terms of that treaty, it was not to be effective until ratified by both

sides and ratification exchanged in Washington.

Let us go to specific quotations. The Peace Treaty of Ghent, dated

December 24, 1814, contained, as its first sentence, the following

words: “All hostilities, both by sea and by land shall cease as soon as

this treaty shall be ratified by both parties as hereinafter mentioned.”

Article XI of the Treaty reads: “This Treaty, when the same shall be

ratified on both sides, without alteration by either of the contracting

parties, and the ratification mutually exchanged, shall be binding on

both parties; and the ratification shall be exchanged at Washington, in

the space of four months from this date, or sooner if practicable.”

Further, the record shows that ratification of the Treaty was advised by

the United States Senate, February 16, 1815; that it was ratified

February 17; and ratification exchanged the same day, and that it was

promulgated February 18th.

The Treaty of Ghent, called the Treaty of Amity, is preserved, of

course, among American State papers. A copy may be found in a public

library in a volume devoted to Treaties, Agreements, Etc. between the U.

S. A. and other Powers, Compiled by W. M. Maloy, Under Resolution of U.

S. Senate of Jan. 18, 1909.

A lawyer friend of the writer, with whom he discussed the situation,

suggested that while manifestly in error in representing the Battle as

having been fought after peace, that a plea in abatement might be

offered for the historians to the effect that the treaty was

subsequently ratified as written; that the Battle of New Orleans had no

effect upon the Treaty; that it further was needless because if its

issue had been different the British under the mutual restoration clause

of the Ghent Treaty would, upon promulgation of the Treaty, have

evacuated New Orleans and Louisiana.

That viewpoint is entitled to such consideration as should be given any

viewpoint based solely on assumption, but it and all such viewpoints

must be subjected to acid judgment based on co-related facts.

As to the first point above made, it is a matter of record that the

treaty was ratified quickly after reaching Washington; it is also a

matter of record that the news of the great American victory at New

Orleans reached the Capitol ten days before. As to the second point,

that the battle had no effect upon the treaty, a wide range of

discussion, based on records, is opened, which will be presented later.

As to the third point, that the battle was needless because, if

successful, the British would have evacuated New Orleans and Louisiana

upon promulgation of the Peace Treaty, it may be stated here that the

records which will be presently laid before the reader give decided

negation to that assumption.

The writer boldly avers, as supported truth, that the British

Government, never having acknowledged the validity of the title of the

United States to Louisiana, secretly dispatched the big expedition

against New Orleans with one hand, while directing peace negotiations

with the other; that it was the British purpose to seize and hold

Louisiana, nominally in the name of Spain; and that the British

Government would never have agreed to a peace treaty, which did not

contain a clause, no matter how subtly garbed, that would not give

justification to the British retention of Louisiana.

However, before going into the matter of citations of authorities and

records, it is due to the reader to present something of the English

attitude at the time, so that he may see more clearly and with more

understanding its actions. That can best be done by brief picture of the

background of that period.

Battle of New Orleans: Its Real Meaning · 第 4 / 13 章