It is highly pertinent to ask a question as to what was the purpose of this attack upon the title of Louisiana. All such things have a purpose.
In the light of present knowledge that purpose is clear. The great expedition against New Orleans being near completion, it is obvious that the British Government recognized the good diplomatic position before the world, after the capture of Louisiana, of showing a record of fair warning as justification for retention.
The reply of the Americans to the note of October 8th was dated October 13th. (See American State papers.)
Quotation is given from Updyke, page 284:
“While endeavoring to make the reply brief, the American ministers could not refrain from discussing some other topics adverted to by the British in their note. The British ministers had made the charge that the acquisition of Louisiana by the United States was illegal, Spain having offered a remonstrance against its cession and the right of France to make it. To this the American note responded that, although the Spanish minister at Washington had made such remonstrance, at that very time orders were given by Spain for the delivery of Louisiana to France. So France was in actual possession of the territory when she disposed of it to the United States.”
Another matter, although not in chronological turn, may be here presented, as showing further the English attitude towards Louisiana. In the course of the note of the Americans to the British, dated November 10, 1814 (see American State papers), Updyke says, page 307: “The American note refused to consent to the British proposal to fix the northwest boundary by the line from the lake of the Woods to the Mississippi unless the boundaries of Louisiana should also be provided for in the settlement.”
The British ministers in referring the note to their Government, said they were unwilling to consent to a discussion of the Louisiana boundary, for their doing so might be taken as a recognition of the right of the United States to the occupation of the territory. (See Updyke, page 310.)
What might be called the Uti Possidetis scheme was embraced in a British note of October 21st (see American State papers). The British proposed the Uti Possidetis principle, as a basis of settlement, under which each side would keep what territory it should be possessed of at the promulgation of peace.
The reason behind this proposal seems now very patent. The adoption of this principle would have enabled England, by indisputable treaty right, to retain Louisiana, which she confidently expected to take.
But the Americans opposed this principle and firmly insisted on a treaty based upon conditions at the beginning of the war.