The reply of the American Commissioners is quoted on [page 26] of this volume.
(Author’s note: From the foregoing we can better understand the refusal of the British Commissioners to discuss the northern boundary of Louisiana as proposed in American note of November 10. See [page 26], this volume.)
THE UTI POSSIDETIS PROPOSAL.
The note of the British Commissioners, October 21, 1814, contained the following paragraph:
In regard to other boundaries, the American plenipotentiaries, in their note of August 24, appeared in some measure to object to the propositions then made by the undersigned, as not being on the basis of uti possidetis. The undersigned are willing to treat on that basis, subject to such modifications as mutual convenience may be found to require; and they trust that the American plenipotentiaries will show, by their ready acceptance of this basis, that they duly appreciate the moderation of His Majesty’s Government in so far consulting the honor and fair pretensions of the United States as, in the relative situation of the two countries, to authorize such a proposition. (From American State Papers, Foreign Relations, Volume III.)
(Author’s note: This is an adroit effort to put upon the Americans the initial suggestion of the Uti Possidetis. The Americans, after seeing the futility of any treaty agreement as to impressment and trade restriction, adhered steadily to the Status Quo Ante Bellum basis. They rejected the Uti Possidetis principle. It should be borne in mind that at the time of the above note the secret expedition against Louisiana, assembling in Nigril Bay, Jamaica, was nearing completion.)
TIME OF EFFECTIVENESS OF TREATY.
On November 10, 1814, the American Commissioners submitted a projet of a treaty containing in article one the statement that “All hostilities, both by sea and land, shall immediately cease,” and in article fifteen the statement that “This treaty, when the same shall have been ratified on both sides, and the respective ratifications mutually exchanged, shall be binding upon both parties, and the ratifications shall be exchanged at ______ in the space of ______ months from this day, or sooner if possible.”
On November 26 the British Commissioners returned the projet, altered to read that “All hostilities, both by sea and land, shall cease after the exchange of ratifications as hereafter mentioned,” and that “This treaty, when the same shall have ratified on both sides, and the ratifications mutually exchanged, shall be binding on both parties, and the ratifications shall be exchanged at Washington with all practical despatch, in the space of ______ months from this day, or sooner if practicable.”
On November 30, 1814, the American Commissioners stated in a note to the British Commissioners: