AS TO WORDING IN MUTUAL RESTORATION CLAUSE.
The American projet of November 10 contained also the proposition that all territory, places, and possessions “taken by either party from the other during the war, or which may be taken after the signing of this treaty, shall be restored.”
The projet returned on November 26 by the British Commissioners was altered to read all territory, places, and possessions, “belonging to either party and taken by the other during the war, or which may be taken after the signing of this treaty, shall be restored.”
The protocol of a conference of the American and British Commissioners, held on December 1, contained the following statements:
At a conference held this day, the American plenipotentiaries proposed the following alterations in their projet, as amended by the British plenipotentiaries: 1st—In article I, strike out the alteration consisting of the words “belonging to,” and “taken by,” and preserve the original reading, viz: “taken by either party from the other.”
This alteration was objected to by the British plenipotentiaries, and, after some discussion, reserved by them for the consideration of their Government. (Ibid., pages 735, 742.)
(Author’s note: The American Commissioners stated in a note December 14, to the British Commissioners that they agreed to accept the British proposal to “omit the words originally offered by them,” provided that the Passamaquoddy Islands should alone be excepted from the mutual restoration of territory. See American State Papers, Volume III, pages 743, 744, for full text of note. Also for text of letter from British Commissioners to British Government as of December 13, see Photostat in Library of Congress from Public Record Office, London—Foreign Office 5, Vol. 102. Thus in the mutual restoration clause of the treaty the words “all places, points, and ‘possessions’ whatsoever,” went in, without the clarifying term as to “possessions” proposed by the British. Did the British Government deem the clarification essential? Evidence, too strong for disbelief, shows it did not. The secret expedition against Louisiana was then well on its way, and expected to be in possession of New Orleans any day, with the full set of civil officers, carried on Admiral Cochran’s fleet, installed and in control. Evidence has been given showing the anxiety of British officials, after the signing of the treaty, as to its ratification by President Madison. If the British plans against Louisiana had succeeded would President Madison have ratified the treaty? That is a fair question for College debate.)