”The Journal of the House, from page 396 to 398 inclusive, shows the following protests:

Mr. Jones, of Greene, submitted the following Protest against the passage of the resolution offered by Mr. Hubbard, on the subject of laying off the Congressional districts on the basis of white population alone:

We, the undersigned members of the House of Representatives, who voted is the minority against the passage of the resolution instructing the select committee to lay off the Congressional districts on the basis of white population alone, without Regard to the slave population, feel it due to ourselves and our constituents to protest against the passage of the above mentioned resolution, for the following reasons: First, Because, the Constitution of the United States provides that a representation in Congress shall be based on numbers, and that the number entitled to representation  ‘shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons;’ and the resolution, in our opinion, is a plain and direct violation of the provisions of the Constitution of the United States.

Second, Because, the right of the people of the Slave-holding States to an increased representation in Congress on account of their slaves, is one of the strongest guarantees in the Constitution against unjust interference on the part of the General Government with the popular institutions and rights of the slave-holding States; and the resolution tends to impair that right, and overthrow that guarantee.

Third, Because, heretofore in Alabama, and so far as we are informed, in all the other slave-holding States, Congressional districts have uniformly been laid off on the basis prescribed by the Constitution of the United States, and never on the basis of white population alone; and this resolution, unnecessary and without being called for by the people, violates and overthrows this uniform and long established usage, and introduces an alarming and dangerous innovation.

Fourth, Because, the resolution, though not intended for such a purpose, does, in our opinion, countenance and accord with the doctrines of the abolitionists, tends to encourage them in their wicked schemes, and gives to the rights and institutions of the slave-holding States the most dangerous blow that they ever received from southern men.

Fifth, Because, the resolution, in its practical effects, works the double injustice of giving to the northern part of the State an undue advantage over the south in electing members of Congress,—and to the dominant political party in the State, an equally unjust advantage over those who differ with them in opinion; and we deem it impolitic and unwise that the majority should make an innovation which places them in a position of seeming to be guilty of the sin of oppression, and tends to engender in the minority the deep, indignant and bitter resentment, which freemen must ever feel and express when conscious that their rights are wantonly violated.

(Signed,) WM. G. JONES, JNO. W. HENLEY,

ISAAC H. ERWIN, WM. H. NORRIS,

JOHN BARRON, JAS. H. CROWDER,

ROBERT J. WARE, JOHN MORRISETTE,

CHAS. DEAR, JOSEPH PICKETT,

THOS. W. McCOY, WM. C. MORGAN,

J. 8. STORRS, CHAS. McLEMOBE,

WM. D. DUNN, MARION BANKS,

BENJ. F. PORTER, CHURCHILL JONES,

WHITING OLIVER, J. M. WITHERSPOON,

JOHN JACKS0N, THOMAS H. WATTS,

WILSON M. KIDD, JOHN E. MITCHELL,

BRITTAIN D. HARRIS.”

Reference Data:

Reminiscences of Public Men of Alabama, by William Garrett, 1872, page 248