Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-01-18
Congrsis Of tie United States. /"
IN SENATE, DEC. 20.
DEBATE
Ok the subject .fthe Territory Esss efhs
RerdIde.

R.rdide.
Mr.. HORSEY addressed the Senate as
follows:
MIR. Pre.ident--The bill under consider.
alton contains two important provisions.
The FIRST in -fFect Incorporates with the
Territory of ORLEANS the province Of West
Florida eas, Of The Mississippi as far as
the river P:rdidu the second extends to
that part Of the province thus incorporated
the laws now in force within the said terri.
tory.
These provisions naturally involve two
utstions First, whether The United States
have a good title to that part OF the pro
vince described in the bill and secondly,
whether it would be expeditnt for the go.
vernm-nt oflhe United States TO take pos
session of it bv force.
Before | proceed to consider these ques-
tious, l beg leave, ar. President, to ad-
vert to what may be considered preimi-
mary question. I refer to til. authority of
the President ofthe United States to issue
his proclamation and the accompanying or
ders OF the 9Th ct Octnbtr last, directing
the torcible occupation of that territory. /
deem it material to consider this point, be-
cause, if the proclamation were unautho-
,izrd, then Congress ar: not committed by
il, nor arc they bound to give il their sane
TIN.
ii the President had any authority TO u.s.
sue this proclamation, that authority must
Il. 4
tuition oil the u. States or under some &C.
or acts OF Congress. The Pres;den, has
no power which does not proceed from one
or the other OF these sources. The con-
s,itn,ion has given to Congress the txc|u.
sve power of making laws and declaring
war to the President the power If execu-
ting the laws of The union. The powers of
The enc are legislative, of the other exrtu.
tive. The question then would be. wheth.
tho President in issuing this proclamation
has no, transcribed the limits of his DOW
ers.
Sir, what is the nature and import Of
this proclamation In my humble concep-
ton both !.e :sla:ion and war. War, be-
cause i; directs the eccup alton Of this terri.
tory by military force. The regular
troops of the u. States are ordered to
march, and should ,hry not lie t, und adj
quate to ,te object. the governors OF Or
leans and Mississippi territories are direct
ed to call cut the militia OF their rrspec.
tive territories, to co operate with the re.
sulsr terces. But we shall be ,old, Sir.
that the President in issuing this p,ocla.
nation, has taken the precaution TO direct
that in Case any particular place, however
small, should remain ia possession of
Spanish force, the commanding officer is
not to proceed to employ force agains. it.
but to make immediate report thereof 70
the Secretary of State. Suppose while your
commar der is making ,his report, the Spa
nish force sailes out and makes an attack on
your army, or if a Spanish army with GOV.
Foich a. their head, should march from E,
Florida with the view of repelling the in
vssion OF This territory what are governor
Claiborne and his army to do Ground
their arms and surrender themselve, pri.
soners Of war; or are they, Sir, 10 drop
their muskrts and take to their heels
These are the onl y alternatives presented
, they must either surrender, run or fight.
And who viii doubt which of these alter.
natives the CALAMITY Of an American army
would impel them to chuse. Sir, a confic,
would be inevitable.
Blu, while the President has been 80 af.
! fectedly cautious with respect to Spanish
force, he has overlooked altogether the
; contingency Of resistance on the par, of III.
rcvUlut'onlsls. These patriots, it would
seem bad called convention and issued 2
declaration OF Independence, and now it an.
pears HAYS formed anG established recu.
lar government which is organize and in
! operation. Hshese proceedings are no. all
sham, the territory in question is now in
posses. ion OF people claiming to be sove-
reign and independent and is it suppose.
bic .hat lhis people can behave SO dastardly
as to sabmii, without a struggle, to the in.
cursioa Of a hostile army whose avowed ob.
! ieet is the conquest Of the country and the
subversion of its constitution and indepcn-
dencc! And here prrmi, me to remark,