Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-01-25
Martinsburgh, Virginia.
PRINTED G PUBLISHED BY
JOHN
Mr.. HORSETsSPEECH
II SENATE, DEC. %.
DEBATE
on THE SUBJECT OF TERRITORY WEST
OF THE PERDIDo.

Mr.. HORSEY addressed the Senate as
follows -
Mr.. President-Tae bill under considera-
ton contains two i'm 2ortant provisions. The
1YsLIa .asfess Incorporates wish the Territory
OF o cleans the province of West Florida Fast
of the Mississippi as far as the river Perdido !;
the second extends to that part of the pro-
vince thus incorporated the laws now in force
within the said territory.
These provisions naturally involve two
questions first, whether the United States
have a good title to that part of the province
described in the bill and secondly, whether
it would be expedient for the government Of
the United States to take possession of it by
force.
Before | proceed to consider these ques-
tons, beg leave, Mr.. President, to advert
to what may be considered a preliminary
/ question. / refer to the authority of the
4 President of the United States to issue his
n proclamation and the accompanying orders
ID of the eth of October last, directing the for
M chile occupation of that territory. | deem
HI it material to consider this point, because, if
the proclamation were unauthorized, then
Congress are not committed by it, nor are
they bound to give it their sanction.
If the President had any authority to issue
tIilS DtOJALildNBVii5 SAdt dutiAOIIly fdS kdf
been derived either under the constitution of
the U. States or under some act or acts of
Congress.-The President has no power
which does not proceed from one or the o.
Their of these sources. The constitution has
given to Congress the exclusive power of
making laws and declaring war to the
President the power OF eAecuting the laws of
the Union, The covers Of the one are legis-
iaeIva, as the ot1Br e4s~dlIye ane question
then would be-, whether the President in is
suing this proclamation has not transcribed
the limits of his powers.
Sir, what is the nature and import of this
proclamation In my humble conception
both legislation and war-War-because it
directs the occupation Of this territory by a
military force. The regular troops OF the u.
States are ordered to march, and should they
not be found adequate to the object, the GO
vernors of Orleans and Mississippi territories
are directed to call out the militia of their
respective territories, to cooperate with the
regular forces. But we shall be told, Sir,
that the President in issuing this proclama-
ton has taken the precaution to direct that
In case any particular place, however small,
should remain in possession of a Spanish
force, the commanding officer is not to pro-
coed to employ force against it, but to make
Immediate report thereof to the secretary of
state. Suppose while your commanding Off
Ger is making this report the Spanish force
salIies out aud makes an attack upon your ar
my, or suppose a Spanish arny, with gov.
Folch at their head, should march from East
Florida with the view of r~epelling the inva-
sion Of this territory Whae arc Governor
Claiborne and his army to do? Ground their
arms and surrender themselves prisoners of
war or are they, sir, to drop their muskets
and take to their heels? These are the only
alternatives presented-they must either sur
render, run or fight. And who will doubt
which of these alternatives the gallantry of an
American army impel them to chuse. Sir,
a confict would be inevitable.
But while the President has been so affec-
tedly cautious with respect to a Spanish force,
no has overlooked altogether the contingen-
cy of resistance on the part of the revolution
lists. These patriots it would seem had called
a convention and issued a declaration of indie
pendence, and now it appears have formed
and established a. regular government which
Is organized and in operation. If these pro-
ceedings are not all a saam, the territory in
question is now in possession of a people
claiming to be sovereign and independent /;
and is it supposable that this people can be-
have so dastardly as to submit, without a
struggle, to the incursion of 2 hostile army
whose avowed object is the conquest Of the
country and the subyersion of it's constitution
and Independence And here permit me to
remark, that the stile and tenor Of the letter
from the Secretary of State of the 18th No
vember 1910, to Governor Holmes, in an
swer to the letter of the president OF the con-
yention, praying the recognition and Protee-
ton Of the U. States, are not admirably cal
sulated to give a welcome reception to the
American army. IF then resistance should
be offered on the part of the onstitutonshs'S