Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-12-13

With every varying mood agreeing
1OU wonder how she comes to find
The very keynote Of your being.
Beneath her sparkling surface flow
The breezy freshness, and the laughter
Wells deep and strong and undertOW
OF rare and racy wisdom, after.
Sweet, tirc-sidc graces all are hers;
| The chatalane beside the bodice,
Is but one token that AYERS
She Is very household goddess.
Accepting with unmurmuring lips
| Wars stern decree, its griefs, its losses
And nObler thrO that blood eclipse,
And stronger for its burdening crosses.
She folds no hands in Ianguid pause
| Child of her father<true to duty,
She weeps at heart the dear /" lost cause
| Yet fills the busy hours with beauty.
Her heroism holds in view
Our peoples strife for lift.-the lesser,
Yet bitter one! There's work to do
! And well she does it sO-GOd bless her.
REPORT OF THE JOINT SELECT COM
MITTEE ON THE CONSTITUTIONAL
AMENDMENT.
The Joint Select Committee on Federal
Relations, to which was referred that part
of the Governors message relating to a
communication from the Honorable VIM.
III. Seward Secretary OF State for the Uni
| ted States, covering an attested copy of a
resolution OF Congress, proposing d four
! teenth Article as an Amendment of the
Constitution of the United States to be sub
mitted to this General Assembly for ratif-
cation or rejection, have had the same
| under consideration and ask leave to re-
| port
The committee, impressed with the impcr =
tance of the subjects embraced in the pro-
posed Constitutional Amendment, us affect
ing the commonwealth of North Carolina,
not merely for the present, but in ali human
probability, for ages to come, have given
the whole matter a careful and respectful
consideration, and now offer the reasons for
the conclusions at which they have arrived
A number of radical changes, in the fun
damental law of the country are proposed
to BE embraced in one article, and to be
accepted OF rejected together, and if but
one of these Amendments is disapproved
this Geae-al Assembly will be under the
necessity of rejecting all leaving no alter
native of accepting some of the sections in
the proposed Article and rejecting others
and it is submitted that this mode of amend
ing the constitution of the United States,
is evasive and without precedent, and ought
not to find favor in any portion of this
great nation
Lie cOululIUIe0 CuloEl;lln the opinion
that this proposition has not been submit
ted in a constitutional manner, and in pur-
suance of the forms prescribed by the Con-
stitution. North Carolina and her ten sis
ter seeding States have been repeatedly
recognized as States III the Ul2iOnl by all the
departments of the Federal Government
! both during and since the war. Congress
did by the resolution of July, 1861, which
declared that ''the object of the war was
g not for any purpose of conquest or sub
"jugation, nor for the purpose of over
| g throwing CT Interfering with the rights
% or established institutions of those States,
% but to defend and maintain the supre-
90 macy of the Constitution, and TO pre-
g serve the Union with all the dignity,
g equality and rights of the several States
g ensimpaired." And again, by an act ap-
portiOning taxation among the Ststes by
an act assigning them their respective num-
bers of Representatives by an act at the
last session readjusting the Federal Judi
clal Circuits; by accepting as valid the as
sent of Virginia to the division of that
State, and thercupon establishing the State
| of West Virginia, and by other acts. The
Judicin.y has recognized them by hearing
and deciding causes carried up from their
Courts the E,cecmire has done so by APP
proving the aforesaid acts of Congress-
repeated by the Federal Government in sub
mitting to them for ratification the pend
| ing proposition of Amendment, since only
States i'll the Union can vote on such IL
| IQuC>tion.
! The Federal Constitution declares in
substance that Congress shall consist of a
House Of Representatives composed of
members apportioncd among the respec-
tive States in the ratio of thei~ population,
and Senate composed of two members
from each State and in the Article which
concerns Amendments, it is expressly pro-
vlded that g no State without It's consent
shall be deprived of its equal suffrage in
the Senate. The contemplated Amend
meht was not proposed to the States by Il
congress thus constituted At the time of
Its adoption, the eleven seeding States
were deprived of representation both in
the Senate and the House, although they
all, except the State of Texas. had Senators
and Representatives duly elected and claim
ing their privilege under the Constitution
In consequence of this, these States had
no voice in the important question Of Dro-
posing Tie Amendment. Had they been al
lowed to give their vote, the proposition
would doubtless have failed to command
the required two-thirds majority Had
they voluntarily relinquished the exercise
of their right and privilege in this matter,
as they had done in the case of the late
Amendment respecting slavery. they would,
perhaps, be estopped from objecting to the
regularity of the proceeding. But as their
Senators and Representatives elect were
seeking admission to their seats and de-
prived of them against their consent the
subject is presented in different light.
If the vote of these States are necessary
to a valid ratification of the Amendment,
they were equally necessary in propo-
sing it to the States; for it would be
difficult, in the opinion of the commit
tee, to show by what process in logic,
men of intelligence could arrive at diff
ferent conclusion. And it is submitted
that this irregularity, in the initiative
step would make the amandmant OF