USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 24
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4. Districting the State for the election of Representatives in Congress, upon the basis of white population.
As the latter measure was rather novel, and to many unexpected, it will be first noticed, from its inception to the final passage of the bill. It had its origin in the following resolution, offered by Mr. Hubbard, of Lawrence:
Resolved, That the Select Committee to whom was referred so much of the Gov- ernor's message as relates to laying off the State into Congressional districts, be instructed to report a bill for that purpose, having regard to the white popu- lation only, as the basis of such Congressional representation.
The resolution was adopted by a vote of 46, all Democrats ex- cept one, (Mr. Cain, of Walker,) in the affirmative, to 38, includ- ing all the Whig members of the House, and a few Democrats, whose names are given below in italics, in the negative. As this principle was probably the first of the kind ever brought forward in a Southern Legislature, and, as it gave rise to heated and protracted discussion while the bill was pending, it is deemed
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Reminiscences of Public Men in Alabama.
necessary, as a part of the record, to give the yeas and nays on the adoption of the resolution. Those who voted for it were, Messrs:
Abernathy.
Kennedy of Lauderdale,
Bishop, Bothwell,
Marchbanks,
Cain,
McClung,
Clay,
McMillion,
Cochran,
Miree,
Dortch,
Moore of Madison,
Douglass,
Mundy,
Dubose,
Norman,
Dunklin,
Rice,
Earle,
Richeson,
English,
Robinson,
Finley,
Roby,
Fletcher,
Skipper,
Fowler,
Smith of Lauderdale,
Garland,
Tate,
Gasque,
Turner,
Griffin,
Valliant,
Hendrix, Hubbard,
Wharton,
Jones of Covington,
Williams of Jackson,
Kennedy of Marion,
Winston of DeKalb.
The members of the House who voted against the resolution were, Messrs:
Speaker Erwin,
Kidd,
Banks,
Martin,
Barron,
McCoy,
Bridges,
Meriwether, Mitchell,
Calhoun,
Morgan of Autuaga, Morgan of Chambers, Morrisette,
Dear,
Norris,
Dunn,
Oliver,
Erwin of Mobile,
Pettit,
Harris,
Pickett,
Harrison,
Porter,
Smith of Pickens,
Henley, Hill, Jackson,
Storrs, Ware,
Jones of Conecuh, Jones of Greene, Kendrick,
Watts,
Winston of Sumter,
Witherspoon.
Caffey,
Campbell,
Crowder,
Walker,
Lankford,
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Reminiscences of Public Men in Alabama.
Without noticing the action of the House, in all its details, on the subject introduced, the whole matter is explained, and may be understood, as it was viewed, on the passage of the bill, by the respective parties. 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 in 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 pro- test against the passage of the above mentioned resolution, for the following reasons :
First, Because, the Constitution of the United States provides that a represen- tation 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 in- creased 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 Gene- ral 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 in- stitutions of the slave-holding States the most dangerous blow that they ever re- ceived from southern men.
Fifth, Because, the resolution, in its practical effects, works the double injus- tice 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. S. STORRS, CHAS. MCLEMORE,
WM. D. DUNN, MARION BANKS, CHURCHILL JONES,
BENJ. F. PORTER,
WHITING OLIVER, J. M. WITHERSPOON,
JOHN JACKSON, THOMAS H. WATTS,
WILSON M. KIDD,
JOHN E. MITCHELL,
BRITTAIN D. HARRIS.
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Reminiscences of Public Men in Alabama.
Mr. Campbell submitted the following protest :
The undersigned, a member of the House of Representatives from the county of Mobile, having voted in the minority on the resolution of Mr. Hubbard, in regard to the manner of dividing the State into Congressional districts, avails himself of the constitutional privilege of placing on the Journals of the House the reasons for his vote.
The Constitution of the United States provides for the appointment of Repre- sentatives in Congress, and designates the persons by whom they shall be chosen.
The apportionment of Representatives is made among the several States inclu- ded in the Union, according to the population of the States, adding, (among other persons,) three-fifths of the slave population.
The persons who shall elect members of the House of Representatives are ap- pointed in the Constitution.
They are to be chosen by the people of the several States. Who constitute the "people" of the State, who have been appointed by the Constitution of the United States to choose Representatives in Congress?
This is the question presented in the resolution. The people of the State are those who have succeeded to the parties that formed the social compact, by which our State was called into existence. They are the successors of those who framed the State government, and are recognized in its constitution as the source of all power. They are those who can alter, abolish, or reform the government at pleasure. They are the successors of those who gave a valid assent to become members of the Federal Union. These are the persons recognized by the Consti- tution as having the right to choose the members of the House of Representatives to the Congress of the United States. Slaves are not recognized as parties to the compact. They are not a part of the people. In the choice of Representatives- their voice is not heard.
Who then constitute the "people" of the State ? My answer is the free white citizens of the State.
If this power was exercised by the mass of the people, it is admitted that the existence of the slave population would not be regarded. Under the general ticket system, the free white persons of the State stand upon equal terms. The district system has been adopted for its convenience, because the representative is better known to his constituents, and has a better acquaintance with the local interests of those who select him. Because his responsibility is more direct, and the con- stituency have better opportunities to form their judgment upon the claims of can- didates for their suffrages.
It has never been contended that the basis of political power has been altered by the division of the State into districts.
If the people, to whom the power of choice of members to Congress is com- mitted, are divided, the undersigned conceives that the power should be distribu- ted in the same proportion.
If the people at large are the depositories of the power, and for the conven- ience of its exercise, the people are distributed in parts, the power should be distributed according to the same rule.
The vote then of the undersigned against the resolution was not founded upon an objection to the principles it contained. The undersigned preferred an ar- rangement of the districts which would have harmonized both opinions. He saw nothing in the distribution of slave population in the State that made it necessary for the inquiry to be made that is contained in the resolution.
He believes that an equitable arrangement of the districts could have been made, which would have yielded to the free white citizen all his rights ; which would have embodied in each district an equal portion of slave population; which would then have offended no party or sentiment.
The undersigned at various times expressed this opinion, openly and distinctly to the House of which he is a member. He earnestly invited the course, which, being followed, would have prevented discord, and yielded quiet and satisfation. He objected to the resolution and amendment as mischievous ; calculated to bring no aid to the counsels of the State, or good to the people. He moved to lay the subject on the table.
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Reminiscences of Public Men in Alabama.
Against the proceedings of the undersigned opposition was enlisted. A large majority, composed of men holding both opinions, challenged discussion. Some who opposed the resolution, taunted those who favored the moderate course de- sired by the undersigned, as men wishing to dodge, and it was more than insinu- ated they were afraid to meet the issue.
The undersigned felt it to be his duty, from his place, to rebuke these insinua- tions, and upon the same principle of duty, he enters this protest against the votes of the majority on the motion to lay the subject on the table, and on the resolution. JOHN A. CAMPBELL.
On the 28th January, 1843, the bill to divide the State into seven Congressional Districts finally passed the Senate by a vote of 15 to 13-all who voted in the affirmative being Democrats, and all in the negative being Whigs, except Mr. McAllister, of Henry. Those who voted for the passage of the bill, after recon- sidering its rejection by one vote, were, Messrs:
Baylor,
McConnell,
Brindley,
Mc Vay,
Dailey,
Rodgers,
Fleming,
Toulmin,
Foster,
Walthall,
Hudson,
Wilson of Fayette,
Jones,
Wilson of Jackson.
McClanahan,
The Senators who voted against the passage of the bill were, Messrs :
Arrington,
Oliver,
Buford,
Phillips,
Creagh,
Reese,
Dent,
Ross,
Hunter,
Thornton,
King
Watrous.
Mc Allister,
The discussions on the bill, at its various stages, in the Senate, like those in the House, were able, animated, and sharp, often assuming an asperity similar to that which marked the passage of the General Ticket Bill, at the session of 1840.
MR. CAMPBELL, of Mobile, being justly regarded as a gentle- man of more intellectual discrimination and force, and of a greater capacity for analysis than any in the House, at the session of 1842, which was preeminently a strong House, his report from the Bank Committee, on the 19th December, is here given from the Journal, as a summary of all the facts and questions presented :
Mr. Campbell, from the Committee on the State Bank and Branches, made the following report :
The Committee on the State Bank and Branches, to whom was referred that portion of the message of the Governor that relates to the condition and manage- ment of those Banks; and the resolution of the meeting of citizens of Russell
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Reminiscences of Public Men in Alabama.
county, in regard to the currency and the policy to be pursued by the Banks ; and & bill from the House, having for its object the final settlement of the affairs of the Branch Bank at Mobile, have had the subjects referred under consideration, and have instructed me to report-
1. The bill from the House, having for its object the liquidation and settlement of the affairs of the Branch of the Bank of the State of Alabama at Mobile, with several amendments ; to which they ask the concurrence of the House, and re- commend the passage of the bill.
2. A bill for the regulation of the Branch of the Bank of the State of Alabama at Decatur, having for its object to prevent the increase of its debts or liabilities, and the security and preservation of its assets.
3. A bill for the regulation of the Bank of the State of Alabama, and its Branches at Huntsville and Montgomery, having for its object to strenthen them in one effort to resume specie payments, and fixing the day for that purpose.
4. A bill having for its object the regulation of the expenses of the Banks, and the promotion of efficiency in the management of their suspended debt.
5. Joint Resolutions, embodying the sentiment of the Committee in regard to the course to be pursued by the President and Directors of the Banks in the collection of debts.
6. Joint Resolutions, having for their object to procure the release of the con- ditions on which the State of Alabama accepted the two per cent. fund; and also to provide for the establishment of the claims of the State upon the Federal Government.
The Governor, in his annual message, treats the subjects of reference as of paramount importance to all others that can command the attention of the Gener- al Assembly. Your Committee have approached the consideration of them, im- pressed with the conviction that their magnitude and importance to the welfare of the people could hardly be exaggerated. They acknowledge the responsibility which the House has devolved upon them. They anticipate the consequences which must ensue, if the Committee or the House shall be withdrawn from an honest search for the true policy to be adopted, and a sincere and hearty adher- ence by the people to whatsoever that policy demands.
The people of the State bear at this time evils of no ordinary magnitude. The derangement of the currency embarrasses and interrupts the transactions of civil and commercial intercourse. The citizen, in all his engagements that look to the future, experiences painful anxiety and distrust. ยท He does not know what altera- tion may take place in the standard to which he now refers in his contracts. He has seen the most rapid and, to his mind, unaccountable fluctuations taking place from day to day and from week to week in it. He has seen that that property, the possession of which it was supposed would command every other, the most un- certain, unstable, and fluctuating in value of any.
Your Committee can not but believe that this state of things is attended with vast injustice. They hold it to be the duty of the State to provide that contracts made in good faith should be executed in sincerity and justice. That the habitual departure from good faith which results from using a variable and uncertain stand- ard of value, loosens in the public mind the obligations to maintain it, and that such a course tends directly to a dissolution of social union. There is a direct obligation in every State to preserve and maintain this standard.
To bring men into closer union-to enable men to have the benefit of associated powers and strength-is the first object of the State; but how can there be asso- ciation and union where the condition of the currency compels men to withdraw from commerce and intercourse with each other ?
The effect of a depreciated currency upon the habits of men in their business arrangements and relations, is not the smallest evil to which we are exposed. The uncertainty that prevails from this cause renders men careless, and, to some ex- tent, reckless. A condition of hazard is the condition of all men engaged in busi- ness; and a spirit of rash adventure and giddy speculation must be engendered among them. The sober calculations of industry-the just conclusions of a frugal and temperate enterprize-have scarcely a better chance of success than the hastiest and most daring scheme of thoughtless, heedless men. The qualities that
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Reminissences of Public Men in Alabama.
strengthen and maintain a State, that promote order and advance its civilization, have become depressed and discouraged.
The effects on the laboring man are still more oppressive. His very means of subsistence are exposed to danger. Experience has shown him that a steady de- mand, and certain wages for his labor, is the condition most suitable to his position in society. A variable and depreciated currency deranges all the regular opera- tions of society. The capitalist refuses to make investments because all is uncer- tain. He hopes that each day will afford. a better market; hence, employment to the laborer, becomes uncertain and difficult. The effect of this is to reduce his wages. His embarrassments are not ended, however, even when employment is obtained and his wages paid. The uncertainty in the value of the currency leads him into immediate, and probably improvident expenditures, He does not know how long the bill he receives will retain its present value; hence, idleness and in- temperance frequently result-for, confidence being destroyed and confusion of mind substituted for it, the tendencies of the human character are to immorality, dissoluteness, and crime. Your Committee testify, with pleasure, that these pic- tures of public demoralization have not yet found their counterpart in this State. They attribute this to the fact that most men thought these evils were remediable, and that they would find the remedy in the action of the General Assembly now convened.
Your Committee can not resist the conclusion, that if the General Assembly . does falter in the performance of its duty, that the character of the State will be degraded to the level of its currency; and that a condition will be attained, to which our gloomiest forebodings have not yet descended.
With these impressions, the Committee have instructed me to say that those of our public Banks that show no ability to maintain the resumption of specie payments, should be placed in a state of liquidation; and should, for a time, be tolerated, but disabled from doing further harm by an increase of their debts to the community.
The bills herewith submitted, are prepared to effectuate these objects. The bill for the regulation of the Branch Bank at Mobile, is returned to the House, with the amendments. These amendments do not affect the principle of the bill.
The Committee concur entirely in the sentiments of the Governor in regard to this institution, and have prepared the details of the measure so as to render the liquidation economical, and at the same time complete. Your Committee have con- sidered the arguments that have been advanced in support of this institution. They have felt that the condition of the Bank at Mobile has been a commanding one; that it has been invested with powers which, had they been prudently ex- erted, would have yielded a rich return in benefits to the people; that its influence in maintaining the circulation and currency of the bills of the other Banks, has been important; and that its absence may expose the other Banks connected with the State to injurious assaults. Your committee have considered that even in & suspended condition, its machinery may have afforded conveniences to merchants and men of business; and that its removal may be attended with inconvenience, and produce pressure.
These arguments have all been deliberately weighed, and your Committee say in reply to them, that, without an especial reference to the acts of any board or in- dividual, the history of the Bank displays a management characterized by much carelessness and inattention-that its losses have been overwhelming; and an im- portant portion of those losses have been sustained directly from those who had it in charge-that its expense accounts, in some years, exhibit a disregard of the re- strictions imposed by law, and, in others, profusion and extravagance; that some of its settlements betray want of judgment and consideration; and some of its business operations have not been judiciously planned, or prosecuted with a definite aim, and have resulted disastrously to the Bank and to the State.
Your Committee will observe, that the arguments they have noticed, apply with some force in favor of the continuance of a well regulated institution in that city.
Your Committee do not consider them as of any validity when applied to an in- stitution in which fidelity, intelligence, and strict responsibility are absolutely requisite to its successful management ; and if obtained in this, it is rather by an accident, than the operation of any principle in its constitution.
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Reminiscences of Public Men in Alabama.
Your Committee, therefore, unanimously recommend that this Bank should close its business, and bring its affairs to a final settlement.
Your Committee agree with the Governor, that the amount of capital introduced into the State and deposited with the Banks, exceeded its wants, and that to this fact many of its embarrassments may be traced. Large numbers of our people were diverted from the natural and sure ways of wealth. The regular profits from industry were insignificant compared with those apparently derived from speculation-property acquired fictitious values, and unreal qualities. It circulated almost with the facility of mercantile paper, and at each change of hand, at an in- creased denomination. Money constantly depreciating, and prices elevated to an unnatural height, encouraged a spirit of extravagance and wastefulness. The necessary result of this feverish condition of affairs, was prostration, bankruptcy, and ruin to all who had suffered from the delusion.
Your Committee find that the cause is removed. The aggregation of capital so imprudently made, no longer exists. It passed from the Banks to the borrowers, and has escaped from them in their visionary schemes for increasing wealth. The cotton speculations of 1837, adventures in uncultivated lands, and unimproved town property, increase of slave property in the State at enormous prices, indul- gence in habits of expense, general extravagance and profusion, dissipated the money drawn from the Banks; and in hundreds of instances, the debtor is with- out the ability to make payment. There can be little doubt that every Bank in the State has experienced a loss of a portion of its capital ; and where there is no immediate danger of loss from the borrower acknowledged, it is conceded in such instances that the money drawn from the Banks has been invested in property yielding moderate returns of profit, and that the Banks must consent to a slow and cautious withdrawal of the amount, or the insolvency of the debtor becomes certain. Under this state of facts our banking establishments must be reduced ; and that the State cannot hesitate to deal with them on the concession of the fact of their inability to exercise their functions.
This necessity has induced the Committee to recommend that the Branch Bank at Decatur should be deprived of this franchise. In its present condition, it can not exercise it without a loss to the State. Its location is such that with a new capital it could not continue business to advantage.
Your Committee, therefore, believe it is due to public expectation, as it cer- tainly is consistent with sound policy, that the General Assembly should place its affairs in a train for final settlement.
In regard to the Bank of the State of Alabama and the Branches at Huntsville and Montgomery, your Committee have arrived at the conclusion that no final ac- tion should at this time take place. The charters of two of these Banks expire in 1845. The question whether they should go out of existence necessarily pre- sents itself to the people. That question your Committee do not believe has yet been decided. The Committee are deeply impressed with the conviction that, if any step is taken in the management of this question, calculated to surprise the public mind, the effect might be to overthrow all the measures that are now held to be absolutely necessary. To meet the exigences in the condition of the State, the General Assembly must make a severe exaction upon the moral force of the peo- ple. Your Committee would have the difficulties in which the State is involved met firmly. The time has now come when there can be no evasion. Looking, then, steadily to the objects of reforming the currency of the State, and making provisions for the payment of the public debt, it is the duty of the General As- sembly to move steadily and deliberately.
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