The Yazoo City Whig and political register. (Yazoo City, Miss.) 183?-1840, 1839-10-18

! emphaslcally ca officer Of tie Hanlxonlyl
J. That the Legislature has moi, since Ii
] adoption 81 the constitution, deemed til
Office Of Notary Public as previously exist
ling, wholly Unconstitutional. may Be fairl
inferred from tie srd Section Of an Act ID
proved, Dec. a5th, 1898, in which Il is pre-
scribed that proof Of acknowledgment 0
deeds Of conveyance may be made before .
Notary Public. Aud the late act yestine
the powers Of Notary Public in Justices O.
the Peace, does NOT expressly abolish tho
Office of Notary Public. Nor can it be said
to do go implicitly. The proper construc.
ton, il seems 70 US, would be to saw. that
the same powers are vested in two distinct
classes Of men, as upon reference to the
above Act Of Dec. e5th, 1899, the same pow
er is expressly vested in several distinct or
GERS. However, we do not mean to contend
that the Office of Notary Public, constitu-
tionally exists in the way of a State or pub
lie officer. We mean, simply, to assert that
the Planters Bank has by its charter, right
to such Private officer, whom the Governor
is bound to commission when duly appoint
ed.
Again, as the Governor and the MISSISSIPPI
plan seem disposed to stretch the 3Oth Sec
lion of the Bill of Rights so far, we would
ask, if they do not deem that the High Court
OF Errors and Appeals has no right to appoint,
or which is substantially the same thing, to
license lawyer for an unlimited period
A lawyer is certainly deemed by all an off,
Ger of Court, and as such, must be an officer
of the State; and he, as Well as Notary
Public, is spoken Of in the Statutes both be-
fore and since the adoption of the last Con-
stitution-for by recent enactment his tax
fee is annulled. Take care gentlemen, or
you may involve yourselves in even more
disgraceful absurdity, if the thing be pos
sible, than your leader the Hon. Robert ].
Walker, has already done in regard to him.
self, by his great fondness for party letter.
writing.
The Governor in his letter, informs us,
that he has, since his coming into Office,
commissioned several Notaries on the Homi-
nation of the Banks, notwithstanding his
then existing doubts of the constitutioaality
of such appointments. In the eye of strict
construction, such as the democrats profess,
was not this doubling sufficient to prevent
the Governor from issuing the commissions,
at least until he had duly reflected on the
matterl Is it not evident that he thus vio-
lated his political faith, and even hazarded
the violation of his oath of ofice2 He then
knew, as well as he now knows, that the
Constitution precludes ''any man or set of
men from exclusive separate public emolu-
ments or privileges from the community,
but in consideration of public services
But the Governor was then not so unfriend-
ly to Banks as he now is. Giving to this
clause of the Constitution the Governor
would seem to place upon it, the State Lee
gislature in defiance of the security of ves-
ted rights afforded by the State Constitution,
and both the State Legislature and the State
Constitution, in defiance of the obligation of
contracts imposed by the Federal Constitu-
ton, might gradually lop off each part and
privilege of Bank Charter until no portion
Of the charter remained. In fact, the Legis-
lature might annual. at its pleasure, the char
ter Of bank, without Judge or jury. with
cut reference to the stipulations contained
in the charter itself, without regard as to
whether any public service, in the way of
bonas, or otherwise had been or would be
rendered by the Body Corporate, or not. All
this, however, is consistent enough. The
Governor deems that banks are curse and
nuisance, instead of being capable, as the
Legislature and he himself, at one time deem
ed, of rendering any public service. And
this is the true basis of his refusal to appoint
the Notary nominated recently by the Direc-
tors of the Branch of the Planters Bank at
Yazoo City. Governor McNutt tells us, also,
in his letter, that sit would be in violation
of every principle of Justice to suffer any
corporation or individual to appoint or nomi-
nate their own Notaries, and to make their
certificate of their own acts evidence in their
own behalf Gov McNutt is an old prac-
titioner of Law, and surely ought to know
that the Law, which is the perfection OF
reason and justice, permits an agent OF. off,
Ger to give evidence in matters affecting his
principal or employer, in which he is not
otherwise Interested. Frequently, as we all
know, are bank officers called on in Courts
of Justice TO bear testimony in suits to which
their respective Banks are parties. We do
not contend that Notary Public OF the Plan
ters' Bank is more than a bank officer Or an
agent. But this last assertion of Governor
McNutt's, presents Us with fine specimen
Of the opinion Of q man boiling over with
prejudice against Banks, on the subject 81
justice in reference to Banks-and an opin.
ion at variance with the clearly expressed
will and agreement Of the Legislature Al
contained in the Planters Bank Charter