Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-01-25
ID January 25, 1911.

tain no proviso in this particular, requiring
that the fact should be reported to the De
partment of State, but their clear intent is,
that force should be employed. Under such
circumstances is it not to be expected that
this measure of the Executive will result In
war? Is it not to be expected, that either
the Spaniards or the conventionalists will at
tempt to repel this palpable infringement up
on their rights and territory?
But, sir, this proclamation is not only war,
but it is an act of legislation too. 1t annexes
the territory in question to the Orleans terri
tory it creates a governor; it enacts laws,
and appropriates money. 1t gives to the go
vernon of the Orleans territory all the terri
tory which he possesses by virtue ofhi office
as governor, and makes an appropriation Oh
sum of money, not exceeding went tnou-
sand dollars. This proclamation is sub
stantiaily the bill under discussion, except
that it goes much further. The first section
of the bill only contains an annexation of the
territory in question to the Orleans territory
this the proclamation has already done. tn
only material difference in fact existing be-
tween the proclamation and this bill, is that
the proclamation contains the further and
important provision for raising the troops
and the money necessary for carrying 1t into
execution. And here, sir, | will take the Ii
berty to remark that | do not consider this
bill the only one intended on this subject.
This is a mere entering wedge-when this is
passed Congress are committed to pass ano-
Their providing the necessary military and pc
cuniary means to carry this act into execu-
ton. And indeed l should not be surprized,
if before the close of the session, a bill were
introduced to take possession of East as well
as West Florida.
Ifthe President had no power under the
constitution to issue this proclamation, ] think
it egus tly clear he had none under any exist
ing laws of Congress. The act of the 51st of
October, 1908, authorizing the President of
the United States to take possession of and
occupy the territory ceded by France to the
United States, by the treaty concluded at
Paris on the Both day of April, 1908, | APP
prehend expired on the LIST day of October,
1904; to which period it was limited by the
18th section of the act for erecting Louisiana
into two territories, and providing for the
temporary government thereof, passed the
Goth day of March, 1904.
This section enacts that the act passed
the 3lst day of October, 1908, entitled AN
act to enable the President of the u. States
to take possession of the territories ceded by
the treaty concluded at Paris. on the 30th day
of April, 1903, and for the temporary govern
ment thereof shall continue in force until the
ist day of Oct. 1904, any thing therein to the
contrary notwithstanding 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
happenthereafter. Let it be recollected that at
the time this last mentioned act passed, the
President had fulfilled his powers, under the
act of the 3lst Of October, 1908, so far as it
respects the taking possession of Louisiana.
Possession had been actually and formally
delivered, and the stock created and trans
ferred to the French government, according
to the stipulations of the treaty. Besides the
very nature and design of the act of the Goth
March, Independent of the express limitation,
superseded the act Of the 3lst of October.
But it is said, there are acts of Congress,
which, though contemplating a present pos
session in a foreign authority, also contem-
plate an ultimate possession by the United
States, under which the proclamation may
be justified, even though the act of the 3ist
of October should have expired. The acts
here referred to, | understand to be the act
of the cath of February, 1901, for laying and
collecting duties within the. territories coded
by France to the United States, the act a.
bove mentioned of the Goth of March, erect
ing Louisiana into two territories, and the
act of the Cd of March, 1905, authorizing the
establishment ofa government in the terrific
ry of Orleans, similar to the government of
the Mississippi territory. The President
himself admits in his message at the open
ing ofthe session, that those laws contem-
plate a present possession an aforeaga poae-
err but he further says they contemplate an G.
~ventual possession of the United States. But,
sir, let me ask what sort of possession ? A
possession 5yJorce? No, sir, not a single
provision can be hewn to justify such a con-
sfy-1cfion Rut a nossesSion to be obtained