The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-12-08


that as they (ths Norisi oiliess) expire but few
weeks or days before The Induction Of Gen Walker,
Gov johnson, from motives ofdeeaey, prefers that
this portion Of the Executive patronage should de-
scend to his successor Now the positions shift
ed and il is declared that it is not from mere cour
tesy that the Governor declines making the appoint
ments. Nay, it is eveninsistedn theiaee Of the "by
authortyH announcement, that the offices do not ex-
pire few weeks or days before the induction Of
Gen Walker'--that Il the Legislature doesnot see
fl to act in the matter, the Notaries under the old
Consultation may be to all eternity entitled to life
tenure. We should not be surprised if the next
phase of the argument was, that the article of the
Constitution limiting the terms Of Notaries to four
years was void because it nterieTes with vested
rights and we shall probablybe asked whether
the Constitution ofthe United States does not pro-
hibt the passage of any laws violating the obliga-
ton of contracts.
In.order to show that Legislative naction does not
prevent the Governor fom filing the Notarial va
cances we have only to state 4la several appoint
nents Of Notaries have been nude under the new
Constitution when the offices were vacated by the
death Of previous occupants. Now, whether va
cancy is made by death or by the operation of the
Constitution is immateria The mode in which
the vacancy occurs does not in the least affect the
Governors right Of appointments. If legislative
act is necessary in order to validate the Governors
appointments Of Notares under the new Constitu-
ton, then all the Notaries appointed by Gov. john
son have been acting without authority of law We
leave Gov Johnson and his friends to choose either
horn OF the dilemma; lei them say that all Gov.
Jehnsons Notarial appointments invalid, or let
them confess that the Governor has the right to
| fill vacancies created by the Constitution.
Let us, however, examine the argument which
insists that the Goth article Of the Constitution is
merely directory and not imperative shat it was
intended only to let the Legislature know how they
must act in case they saw to act at ALL and that
it is not to be regarded as an explicit and absolute
command ordering that the duration OF all Offices
not fixed by the Constitution shall never exceed
four years" 1t is said that when the section first
passed the Convention it read, The Legislature
shall determine the duration of the several public
offices when such duration shall not have been fixed
by this Constitution, provided that such time shall
never EXCEED four years. Now the fact that the
Section first passed and referred to the Commit
tee of Revision not finally incorporated in the
Constitution, is proof positive that it did not fully
express the will of the Convention. It was not
sufficiently explicit. The main object of the sec
ton was contained'in a mere proviso; and in order
to secure the limitation Of all offices to four years il
was necessary to give the article a force indepen-
dent Of Legislative action. Hence the Goth article
was passed and the proviso section was rejected.
Instead Of finding in the provso section rule-fo
the interpretation Of the Goth article we may more
reasonably see in it the manner in which the Con
stitutional article is not to be interpreted.
The people, in the passage of the new Constitu-
ton have not left it in the power Of the Governor
and Legislature to destroy the force of the article in
the organic law by retaining from all action IN re-
gard to officers whose terms were not limited by
the new Constitution. Those who know The his
tory Of the Convention are aware that the abolition
Of life-tenures was one of the principal motives
whichledtothe assembling Of that body and guided
it inits long and careiuldeliberations The virtual
annulment of the 96th article, by makingits force
depend on the action of the Legislature, would de-
feat one Of the main objects sought to be attained
by the Convention
The case of the Citizens Bank Us. the Managers
Of the Board of Currency is cited in order TO prove
that article las Of the Constitution. applies to the
Office Of Notary. The decision in this case main
ained that the State Treasurer and Secretary Of
| State remained, under the act Of 1913, ez-o9cio
members Of the Board of Currency, notwithsland-
ing the Constitutional order that no person shall
hold or exercise, at the same time, more than one
civil Office OF emolument except that Of Justice of
the Peace" Now the term E.oBicio makes the
whole difference inihe two cases.. The act of,IS43
10y making the Treasurer and Secretary of State
sr.o6ici0 members of the Board Of Currency, made
the duties-and consequently the emoluments-of a
/ member Of the Board of Currency part of the
office of Treasurer and Secretary. The act of 1913
did not elect Gen. Walker, the Treasurer, or Mr..
| GayaFr6, the Secretary of State, members of the
Board Of Currency after they had been chosen by
The Legislature to their respective places. Thei
duties as members of the Board of Currency arr
oo5val with their duties Treasurer and Secre
tary Of State AT the same instant that they be
came Treasurer and Secretary they became mem
bers Of the Board OF Currency Hence il woult
require repeal Of the act Of 1913 to exclude tn
Treasurer and Secretary from the Board. There
fore the decision Of The Supreme Court in the cas-
i of the GitzenB' Bank was correct.
An effort is made to sustain the point that III
$ legality of the tenure of Notares and the vafdt
Of their acts areyery different questions, havin
no connection as far as legal infereDces are cor
I cerhed," A Massachusetts case is cited, decidin
thai the acts of a Sheriff, de }acto but not de jar
are valid g as to third persons, and that his title
The Office could not be collaterally tried Nov
although we doubt the correctness Of this decision
there is great difference between it and the que
lions as tothe validity Of the notarial acsby the N
iaries under the old Constitution. The Afassachl
setts Sheriff acted by virtue Of an appointment;
had the show if not the reality Of constitutions
and legal authority. But the commission Of Il
Notaries has expired, and they have not been n
! appointed. They have hotevsn the shadow of al
shortly 10 render their acts apparently legal an
valid. Their acts, iFom the expiration of their fo
mer term on the LIST of December to their real
pointment, are nothing more than acts under pr
vate signature,
! II Governor Johnson wishes the former ineum
bents of the vacant noarial Offices to retain the
\ places until the Legislature meets, he has only /
reappoint them, and the question to the yalidit
Of hotarial aets they may perform will be settled
This is a very plain aud palpable way of prevent
ing much litigation which might otherwirs arise
The lawyers say that il is the part of good judg
"toput an end 10 suits, and we cannot supposl
f that the people have elected Governor for tn,
sake Of stirring up difficulties to furnish the courts
with employment.
we have thus answered all the arguments at
tempted 10 be adduced in defence Of the -straue,
and mwaTranable conduct of Gov. Johnson /
all The lawyers, and all the Attorney Generals anf
all the Governors in the State Of Louisiana. from