The Arkansas banner., 1845-01-22
FROM WASHINGTON.

We present our readers with the following letter from Hon. Chester Ashley, as to tue complexion and position of the Texas question, now before Con gress. We agree with him that there is neither force nor validity in the position which he sag- sests will be taken against annexation, in the Sen ate And the stechnicality of which he speaks even as aechnicality. is wholly untenable, rendered wholly nugatory, as its, by the express words of the Constitution {" New States may be admitted by the Congress into this Union. "-See Art ,, Sec. g. Const. U s. Observe here, that 1t is neither the
 Seaaie alone, nor the House alone but the Congress composed of both Senate and House, which IS clothed with this important powerof admitting ae'o
 Staies We are among the last who would be sus- pected, even, of claiming for Congress, or for any other department of the Federal Government more powers than ii rghtfuy possesses by express grant in the Constitution yet we are among the foremost to sustain it in the exercise of all rghtu authority The Constitution is the bond; and we contend for its execution, whether on the side of power or against it. The acquisition of territory" <" and the admission of new States, " are, in our opin- ion, very dissinar as well in reference to the na
 re of the act itself as 10 the authority to perform it. The former is an act, and of the highest acts of sovereign power. The latter is the act of an Agent, whose authority, specific and limited,
 is delegated in his power of Attorney-the Con- stitution Of the United States. The former may be done alone by any one of the States; because power to do it is not by the Constitution, otherwise conferred; nor is it prohibited to the States. The latter may be done alone by the Congress because the power to do 1t is, by the Constitution, expressly conferred alone upon the Congress. In view ofWhat we consider these impregnable positions, we have never believed the acquisition of the Louisiana Ter rtory to be constitutional exercise of power by our Federal Government; although 1t was one of the great measures of Mr. Jeferson's administration, and sanctioned by the Republican party. Necessity imperative and indispensable, is the only plea up on which that act ever has been, ever be tru- ly justified. As a State, organized under Repub- lican form of government, Louisiana, however ex- tensive her territorial imits might in strict conor- mity with our Constitution, have been admitted n- to the Union by Congress, sand so may Texas now i; but not as Territory
 That the dssinilariy we have thus indicated is not mere distinction without difference, but xpresses the true Republican discrimination be- tween sovereign and delegated power, we appeal to every candid mind, who has studied the genius of our system of government. Il is rendered the more strillingy manifest, anu the reason of it be more readily apprecabIe by the consideration that if the Federal government, either by treaty or by act of Congress, could acquire unorganzed territory, it might, in short time, build up for itself fabric of power dangerous directly o the rights of the States and indirectly to the liberty of the people; where as by reserying the acquisition of territory to the States individually, and limiting the power of the Federal Government to the admissisn of sovereign States the tsaeraire, which is one of the two great conservative principles of our system of government is preserved and strengthened by every instance of it's exercise.
 We have hastily noted what we consider the mere outline of the Democratic, and only tenable ground upon the question involved. That our Senators en- teftain similar view. we will not allow ourselves to doubt,-nor that they will maintain them boldly and successfully, if the dangerous position of which Col. Ashley speaks, should be advanced in the Sen ate, by the opponents of annexation.