The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-01-30

| tfea,y, be an unau horiztd measure oil war
and Of legislation, has been contended.
The act 81 October 1908, contains two
sections, by one OF which the President is
| authorized TO occupy the territories ceded to
US by France in the April proceeding. The
other empowers the Fresiden to establish a
| provisional government there. The first sec :
| lion is unlimited in ito duration the other Is
| restricted to the expiration OF the then ses-
| sion OF Congress. The act therefore OF March
1904, declaring that the previous act of Oct.
should continue in force until the first Of Oct.
1904, is applicable to the second and not the
| first section, and was intended 10 continue the
provisional government of the President. BY
the act OF Gath February, 1904, for laying
duties on goods imp@ted into the ceded ter
ritories, the President is empowered, when
ever he deems IL erhrGienl, to erect the bay
and river Mobile, SC. into a seperate district,
and TO establish therein port OF entry and de-
livery. BY this same act the Orleans tcrrito-
ry is laid off, and It's boundaries are so defn-
ed as 10 comprehend West Florida. BY 9TH
cr acts the President is authorized TO remove
by Force, under certain circumstances, per-
sons setting or taking possession oil lands,
ceded to the United States.
These laws furnish legislative construc-
tian oil The treaty, correspondent with that
given by he Executive, and they vest in this
branch of the government indisputabIy pow
er 10 take possession OF the country, when
ever il might be proper in his discretion L he
President mas not therefore violated the con-
st,uuon and usurped the war making power,
bu lie would have violated thai provision
which requires him TO see that the laws are
faithfully executed, if he had longer forborDe
To act. 1t is urged that he has assumed pow
ers belonging 20 Congress in undertaking 10
annex the portion OF West Florida between
the Mississippi and the Perdido 20 the Or
leans territory. But Congress, as has been
shown, has already made this anne Xalion,the
Orleans territory, as prescribed by Congress,
conprehending the country In question. The
Pre- sidcnt, by MS proclamation, has not made
law, but has merely declared TO the people of
West F.orida wha, the law is. This is the
office of Procian atiOn, and it was highly
proper that the peopie Of that territory should
be thus no,icd. BY the act Of occupying
the country, Lhe government de facto, o,wbeth-
er OF SPAIN, or the revoiutionists, ceased 10
exist, and the laws of"the Orleans territory,
applicable TO the county, by operation and
force OF law, attached to it, But this was
know, and every dictate of justice and hu-
manity required, therefore, should be pro-
claimed, consider the Dill bsfors us merely
in the light of deClaratory law.
Never could more propitious moment
present itself for the exercise of the discrr-
tionary power placed in the President, and,
had he failed TO embrace it, he would have
been c:iminaliy inattenlive to the dearest in
tercst Of this coantry. 1t cannot be too Of
ten rcpeatsd, that if Cuba on the one hand,
and Florida on the other, are in the possess.
ION OF foreign maritime power, the inn
mence country belonging TO the C.States,wa-
tered by streams disc Charing themselves into
the gul ph of Mexlco-that is one third, nay
more than rwo thirds Of the y Estates, COM
prehsndlng Louisiana, is placed u, the mere.
OF that power. The possession of Florida is
guarantee absolutely necessary to the en-
Joy Gent oi the navigation of those streams.
The gentleman from Delaware anticipates
the mos. diretul consequences from the oc-
eupation OF the country. He supposes SAL
iy from Spanish garrison upon the Ameri.
can forces, and asks what is to be done We
attempt peaceful posse ssion of the country
to which We are fairly entitled. If the wrong
full occupants under the authority of Spain
assail our troops, ,.nS. they will retrieve
tue lost honour of the nation in the case of
the Chesapeake. Suppose an attack upon
any portion of the American army within any
acknowledged limits of the y. States by a
Spanish force In such event there would
exist but single honourable and manly
course. The gentleman conceives it ungen-
erous, that we should at this moment, when
Spain is eucompassed and pressed on all sides
by the immence power of her enemy, occupy
West Florida. Shall we sit by passive spec
tators, and witness the interesting transac-
tions IN that country-transactions which tend
to jcopardize, in the most imminent degree,
our rights, without interference Are you
prepared to see a foreign power seize
what belongs to us have heard in the most