Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-02-15
Protest OF ID. ID. Ferebee. ESQ.,.

the Constitution Of the United States, relation to StdCe
~, December I'd, 1865.
desire set forth briefly and to have the spread
upon the journals of the Senate of the why
in the action of the Senate in adopting the
proposed amendment to the constitution of the United
States the subject Of slavery In doing it is my
desire act-and to be undersood-in good faith and
proper loyalty in the discharge of all duties and obi
cations to the federal government and at the time,
not toorge the obligations owe in equal degree, to
my state, to truth, and to humanity.
The amendment proposed the constitution of the Uni
States which submitted to for approval,
is in the following words:
SEC. 1st Neither slavery involuntary servude,
except punishment for crime whereof the party shall
have duly convicted shall exist within the United
States, any place subject to their Jurisdiction .
Sec I'd Congress shall have power to enforce this art
Gle by appropriate legislation.
GO APPRovE9, February LIST, 1865"
denied each of the Southern States in ODE
ence the plan of reconstruction proposed by the Pres
ing prohibiting the institution of slavery with
in its borders 1t necessity required of them for
readmsscn to the Union and they accordingly submitted
In his relation to government the slave bore twofod
character property and human being The former
has been given up-it has ceased will not again exist
In then to that relation of the but little leg
islation is needed IT, therefore, the first section alone
proposed and adopted, the objection to it would not
be SO great All Legislation for the in
government could have nothing to do with him in his
dton property except through the judiciary and linn
tied indeed would be the field which that tribunal
would be called to exercise its jurisdiction
But the second section of the proposed amendment
sents another and quite serious question 1t proposes
legislae the coored race within the State in all
IF hey is
what boundess field will again be opened where restless
animate the populace to discomfort turmoil and confu
sion It would open afresh and with increased irritation
and order and constitutional liberty had fondy hoped
soon to be restored to health and vitality
unquestonaby should not have the right to CONTROL
by its legislation the municipal regulations of State,
properly and exclusively the subjects of State egisla
ton The power to legisate such subjects among
the wisdom of our fathers did not deem proper besow
on the federal They did not desire or con-
government and of history they had studied with much
Hence it was that the history of ages was so
fully laid under requiston to furnish principles for gov
eminent which while it guaranteed to each the greatest
of man, under secure the same time uniformity and per-
ment up by their skilful hands like
ed to have sprung into existence full shape and maturity
domestic institutions the right to make and enforce
for the protection of lives hearths and fire
jury box judicial benches-who shall be invest
ed with the elective franchise whether the negro
e b 6 IN
arch upon which rests the temple of liberty The power
al 5heff I 5he OF mat
sacred section. The freedom Of the negro is question
cuar ideas to what constitutes freedom. The advo
Gates negro equality WILL under this amendment con-
or discrimination between him and the white man they
will insist that there shall be but law, to both
races.
further urged that the constitution of the southern
states by of their sanction of slavery therefore
antirepu bican and that we must approve this amend
ment in order to be restored to the Union and to be emit
tied to the protection OF the government The occasion
furnishes prctext rather than reason for this action
the federal congress If the people of the southern states
lawfully i'll the possession of slave property and
the protection and regulation the under
mat
a onrong2 The could not do it, What constitu-
onay right before the cannot absractly be other
after it. The settled principle of interpreted
ton Of the constitution If the constitution of any
that sanctioned slavery for that anrepnbcan
after the it must have been equally before the
If otherwise, What could be rendered by the
edercl government for delaying long to guarantee to
the southern states republican form of government? 1t
criminal neglect in them if the present position be
if the liberation of slavery by the constitution of
makes antirepubcan? There time in the history
OF the country when the constitutions of all the states
mtted slavery and therefore by logic they not
then republican in their form of government The federal
the people of the states for the good of all canot in it's
substance and spirit differ from the doners The argu-
ment therefore, often used and persisently urged
that these southern states antepubcan because of
Their constitutions proves too much and
cordngly fails.
By giving assent to this constitutional amendment
yield into the hands OF Congress the right of state to
egslate for itself When that right is granted, it
can never be recalled.
By donation the states exhaust their powers and
render themselves afterwards mpotent for sero-
lection If Congress begins to egsae for the States
1t viii until the OF the states make
laws for themse IVES entirely swept The begin
nngs of confusion may, indeed be feeble enough; yet in
the history of this nation know not but that may
infancy still feeble, growing by movements
into strength to heap mountains upon mountains and
to wage with Heaven itself Better be despis for
anxious apprehensions than ruined by too confident
| security
TO carry the idea conveyed by this amendment and
such others of like import will undoubtedly be propo
sed and sanction asked is change the character of
all social relations II will then be the gov
ernment of orr fathers but something ne'o-se up by
indisereet the guidance of passion
will 1t be the fruit ocanness and reflection but IF that spir
it of innovation which is generally the result of selfish
cestors''
But why should the right egislate freedmen
be transferred to the Congress of the United States To
do not alone to yield important right which
stow where there is less probability Of its being
cised judiciousy than by the states The negro will
his happiness Here ne has grown up with his former
owners the playmate of many of them His habits,
moral better by than they possibly
be by strangers Nor should we forget the moral tie
which, at the SOUTH binds the two together The
southern people are mpusve with warm hearts and
erous motives Their sympathies deeper and more
hausted those of people in northern cline. 1t is
concluded therefore, that the happiness of the negro,
his general welfare. will not be promoted by yielding to
Congress of the United States the right legisate
But there is another serious objection Just nor to
adopting this amendment 1t is proposed at time when
fore bound to great extent to submit to dictation
Freedom of thought and action is not permitted to them
abject submission In this great and momentus crisis
we should feel our way hesitatngly and cautiously
In this and oonuso
of ideas an effort is made to allure the States into the
sanction OF proposition which, the home of quiet
reflection opeace and ORDER they would hesitate to
ject Nothing is to be gained by this concession. The
augment the power for another attack upon
rights.