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


The Planters Bank & its NOtaries Public.
Webeg the patient attention of our readers
10 the following lengthy remarks in relation
to an article, and letter of Governor McNutt
of September Gath, which appeared in the
Mississippian of October 4, in reply to an
article in our own paper of September goth.
The importance of the subject, and the
fact that we have thrown the gauntlet, con-
stitute our only explanation of the length of
our present article.
We contend that the Governor is bound
to commission any person duly nominated by
the Planters Bank to the Office of a Notary
Public for itseL-not for the State of Missis-
sippi. The Bank was originally allowed
Notary Public exclusively for its own con-
vienence, when there were many Notaries
Public existing as State officers, as there are
now many Justices of the Peace who are
er-o6iciO Notaries. Such Notary Public was
regarded as peculiarly Bank officer, pro-
vided for by its charter in like manner with
the President, Directors, Cashier, Teller,
Clerks, &C., and may thus hold his office
either for limited or unlimited period, in
the option of the Bank controlled only by the
terms of its charter. Suppose the charter
had originally prescribed that the President,
Directors and Cashier should be commission
ed by the Governor and hold their Offices
during good behaviour, would not this have
been right vested, an essential part
of the contract, which neither the State Lee
gislature, nor the Sovereign People Of the
State in Convention assembled, could have
abrogated. without thereby violating or inn
pairing the obligation of contracts, imposed
by the Federal Constitution, so long as the
State professed itself member of the con-
federacy! The convenience afforded the
Planters Bank by the allowance of Notary
Public to it, as one of its officers still exists
1.-The convenience is one Of private nature,
prescribed by what is essentially pricGte
act as contradistinguished from one that is
public, and in its nature is right vested.
an essential part of the contract, which cam
not be constitutionally annulled or taken
from the Bank without its assent duly given,
i The Federal Constitution which provides
against the impairing Of the obligation d
contracts, forbids it. The State Constitution
of 1889, also forbids 1t, when it tells u.s.
lean rights vested, and all liabilities incur.
red, shall remain the same as if this Consti
tuition had not been adopted. Is then, thu
simple fact, that the officer Of the Bank, VIII
lis its Notary Public, provided particular.
for the purpose Of assisting the Planters
Bank in the management Of its affairsl mus
receive commission from the Governor, suf
fcient to render him State Officer withir
the meaning of the 30th Section Of the Bill
/, of Rights prescribing limited terms Of Office
It is known rule Of construction that thl
Law must, if possible, be SO construed b
& the Judges, that no part thereof shall fal
to the ground. Of be, in any degree, impera
tive Or void. Applying this rule to the pre-
sent case. and rejecting on the high ami
holy importance Of abstaining from the leas
violation Of contracts and rights vessed--i
i not evident that the Office Of Notary Public
to the Planters Bank, even if ii could origin
ally, By fair construction Of the charter s.,
its nature, origin and design. be deemed Il
: otiice Of the State, cannot now Be % deem
ed Is i not, then, evident, that rae onl,