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Sign up freeThe Rhode Island American, And General Advertiser
Providence, Providence County, Rhode Island
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Political commentary in the Salem Gazette questions if General Jackson's unauthorized capture of Pensacola and conquest of West Florida violates the U.S. Constitution by usurping Congress's war-declaring power, even if an act allowed certain Florida measures.
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FROM THE SALEM GAZETTE.
A few plain questions respecting Pensacola.
Is it to be supposed that General Jackson has captured Pensacola, sent away the Spanish Governor with his troops, and established there the authority of the United States—that he has in short made the conquest of West-Florida, without instructions from his own government?
If this is not to be supposed, what right, then, by the Constitution, had the President to give such instructions?
Does the Constitution authorize him to carry on military operations against a nation with which we are at peace? Does it give the President the power of making war—a power which has always been thought to be exclusively vested in Congress?
Will an act which, I believe, was secretly passed several sessions ago, authorizing the Executive to adopt certain measures in regard to Florida under certain circumstances, be adduced to justify the proceeding in question?
In the first place, is it a fact that this act empowers the President to make war?
In the next place, if it does, is the act itself conformable to the Constitution? Have Congress a right to make a law authorizing the President to commit hostilities against certain possessions of a particular nation, whenever in his judgment it would be advisable so to do? If they have, cannot they so authorize him to attack all the possessions of that nation; cannot they so authorize him to attack any other nation; cannot they, in short, pass a law delegating to him the power of making war when he pleases and against any nation whatever?
Can there be a doubt in the mind of any one, who reflects coolly and deliberately on the subject, that if the President had right to give orders for the capture of Pensacola, or in other words, for the conquest of West-Florida, of which Pensacola is the Capital; if there be no doubt, that he either is authorized by the Constitution, or may be authorized by Congress, to commit hostilities, or, in other words, to wage war, at any time he pleases, against France, against Great-Britain, against any nation on the globe?
What, then, becomes of the provision of the Constitution, which vests in Congress the power of declaring war?
These queries have nothing to do with any question as to the expediency or inexpediency of going to war with Spain. Even granting (what I hope nobody will seriously believe) that it would be just and proper and expedient to adopt that measure, still the war ought—certainly to be made by that branch of the government which the Constitution has vested with this important power, before the President or any body else undertakes to carry it on.
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Pensacola
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A series of questions from the Salem Gazette regarding the constitutionality of General Jackson's capture of Pensacola, expulsion of the Spanish Governor and troops, and establishment of U.S. authority in West Florida without explicit government instructions or congressional declaration of war, questioning presidential war powers and a prior act authorizing measures in Florida.