Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-01-18

Div calculated to give welcome reeeP'ic"
to the American army. If then resistance
should be offered on the part OF the constr
,u,ic nal;s,s, what is your army to co! Inc
orders contain no proviso in this par'eu'
lar. requiring that the fact should be report
ed to The Department Of State, but tne'r
clear intent is, that force should be employ
ed. Under such circumstance is it not
10 be expected that this measure OF the Ex'
ecutive will result in war? Is it not 10 dc
expected, that either the Spaniards or the
eonven,ionaIis,s will attempt to rrpel this
pslpab!e infringement upon their rights and
territory?
But, sir. this proclamation is not only
war, bu, /, is an act of legislation too. 1t
annexes the territory 10 question to the Or
leans territory; it creates a governor; 1t
enacts laws, and appropriatss money. 1t
gives to the governor of the Orleans terri
tory al! the authorities and functions over
this particular territory, which he possesses
by virtue of his cfice as governor. and
M kes an appropriation Of sum of money.
no, exceeding twenty thousand dollafs.-
This proclamation is substantially the bill
under discussion, except that it goes much
farther. The Grst section of the bill only
contains IN annexation of the territory in
question to the Orleans territory--,hIs the
proclamation has already done. The Sc
cond section only extends the laws OF that
territory to the particular territory in qu's'
ton and this too the proclamation has al
ready done. The on material difference
in fact existing between the proclamation
and this bill, is, that the proclamation con-
,ans the further and important provision
for raising the troops and the money neces.
sary for carrying it Into execution. And
here, sir. will take the liberty to remark,
that do rot consider this bill the only one
Intended on this subject. This is mere
entering wedge-wfsn This is passed, Con.
eress are committed TO pass another provi.
ding the necessary military and pecunlary
means to carry this act into execution. And
indeed should not be surpriz ID, if before
the close Of the session. bill were intro.
duced to take possession Of East as we'll as
West Florida.
IF the Presiden. had no power under the
constitution to issue this proclamation, I
think it equally clear he had none under
any existing laws of Congress. The act Of
the 31st of October, 1908, authorising the
President of the United States to take pos
session of and occupy the tsrrito'y cedrd
by France. to the United States, By the
treaty concluded at Paris on the soth day
of April, 1908, apprehend expired on the
1st day Of October, 1904 to which period
it was limited by the 10th section Of the
&C, for erecting Louisiana into two terrific.
ries, and providing for the temporary go.
vernmsnt thereof, passed the goth day of
March, 1904.
This section enaets that the act passed
the SIS, day of October, 1908, entitled An
nc. to enable the President OF the L. States
to take possession Of the territories coded
by France to the United States, by the
treaty concluded at Paris on the 5oth day
of AprI, 1908 aud for the temper airy 90.
vsrnme ct thereof shall continue in force
until the first day Of October, 1904, any
thing therein to the contrary ithstand.
ING; on which said first day OF October,
this act shall commence and have full force,
and shall continue in force for and during
the term of one year, and to the end of the
next session OF congress, which may hap.
pen thereafter Let it be recollected that
at The time this las, mentioned act passed,
the Presiden, had fulfilled his powers, un.
der the act of the 31st of October, 1908,
80 far as it respected the taking possession
of Louisiana. Possession had been actu.
alIy and formally delivered, and the stock
created and transferred to the French 60
vernment, according to the stipulations of
the treaty. Besides the very nature and
design Of the act of the 26n March, indie.
pendent Of the express limitation, super.
coded the act of the Sis, of October.
But it is said, there ars acts Of Congress
which, though contemplating a present
possession in a foreign authority, also con-
template an ultimate possessions by the u.
States, under which the proclamation NAV
be justified, even though the act Of the Sis,
of October should have expired. The acts
here referred to | understand TO b. ,be or,