Thanks go to Ralph Eshelman, a historian who specializes in the War of 1812 and who busts this common myth, below. It’s one we find in many history books. I confess, when I was teaching, I presented this to my students as fact. Sorry kids . . .
This commonly held myth is based on the fact that the American and Great Britain peace commissions did agree to terms of a treaty on December 24, 1814. But the British were fearful of the US Congress failing to agree to the recommendations of their own peace commission such as occurred with the Jay Treaty. So the British demanded that all hostiles would cease only after the treaty had been ratified and exchanged by both countries.
This is very clear in the wordage of the treaty as found in the first sentence of Article 2: “Immediately after the ratifications of this treaty by both parties, as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects and citizens of the two Powers to cease from all hostilities.”
Great Britain ratified the treaty on December 30. The treaty did not reach Washington City until February 14, 1815 and was not ratified by congress until February 16. The United States and Great Britain exchanged ratifications of the treaty on February 17. At this time the treaty became binding. The Battle of New Orleans took place on January 8, 1815, forty days before the war was officially over and hostilities were to cease.