The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-02-17

Reply of GEO. C. McWHoRrER, Treasurer, to
Hon. Charles Gayarre, Secretary of State.

Reply of GEO. C. McWHoRTER, Treasurer, to
Hon. Charles Gayarre, Secretary Of State
My colleague, the Hon. Charles Gayane. Secretary of
State without knowledge action of the Boardof Cur
reney: without any consultation with tn, undersigned who
together with himself, constitute the Board without asking
my concurrence or approval without having the
spread the minutes of said Board has deemed his duty
to throw before the Public through the Press document
signed by him officially and addressed Isaac Johnson ESQ
Attorney General wherein he denounces hat he thinks an
nacon OF the law and of the Constitution of the State
Passing the intermediate NATTER which will subse
quenty consider, will at approach the constitutional
question. But in this connection will remark that with
regard to the expedency Of law. the Board of Currency
has nothing TO do 1t is created of the Gene
raj Assembly, has any authority to supervise the action
OF that body much less to control and annu Whether the
law of 1850 is expeden nexpeden nevertheless of
binding force and efficacy and every citizen is bound to its
observance If the Legislature has been guilty as has been
changed of indecent haste in the passage of this law the
Board of Currency without authority disregard it.
The law of 1850 has been pronounced by my colleague un
constitutional From this opinion must beg leave to dis
The law of the General Assembly of the 14h March,
1850 in the following words In case the Louisiana STATE
Bank shall establish Branch of said Institution in the city
Of Baton Rouge, confornably with uhoy vested IN SAID
Bank by the 10th section Of its Charter the Treasurer of the
State hereby authorized and directed keep his deposits
said Branch and the amount which said Bank may hereafter
loan hrou gh its branches shall not be deemed to diminish the
amount of Oans which is limited by its charter pro-
vided that the condition of said Bank SHALL all times
with pect to its liabilities such required by the and
I'd sections of revive the charters the banks
located in the city of Orleans and for other purposes
Approved, February s. 1872"
The article of the Constitution of 1885, quoted and relied
on by my colleague in the l22d Article and in the following
words: No corporation shall be hereafter created
or extended with banking discounting privileges
BY this article of the Constitution the Convention intended
put end the of the Legislature to create cor
poate bodies with banking discountng privileges was
not intended to affect in any way the then existing privileges
N fhQ ami atIpu iuct
privileges remained to their entire 1t put an
end foreverto all such institutions future Itwas prevent
the creation Of and the renelcel of the DID, 1t was
not intended to affect the of the Legislature to
increase the capital of the subisng institutions or to
widen and extend their operations All the privileges of tbe,e
institutions subsist with the vgor they did prior to
the adoption of the Constitution This article no way
audes refe to the operations of these corporations 1t
was their existence that intended be destroyed and
preoened The history of the country aests this the de-
bates in the Convention attest it, Such Interpretation
would imply departure, the part of the Convention
from invarabe usage in the formation of the law
the country.
The act. then. of the General Assembly of the 18th of
March, IeoO not in conflict with the provisions Of the Con-
stution This attempted alarm is totally unouuded The
safety OF the community be found the weekly
ments made to the Board of Currency and by them pub
lshed once month. 1t kept constantly and accurately
informed as to the extent OF the operations of the several
Banks of the State. and Judge for itself with regard to
the solvency or insolvency of these institutions.
will now advance to another branch of this constitu
ona question: involving the Interpretation of the articles of
the Constitution. lib and 1l9.
Even allowing that the limitations imposed by the laws of
1918 and 1884, have been repealed by the 1885, which
not the the of the General Assembly would not be
The Supreme Court case of recent
late The Commercial Bank of Natchez vs. Markham Sd
Annual 69s. that article (l19) provides that
hall be revised amended by reference its title bnt
UGH the act repitd section amended, shall be re-
nacted and published length declare that an
repeating certain defined portions of an article of
ur codes in conflict with this article By its it does
OF include the repent of alos portions OF them and
My be thus extended by implication of doubtful pro-
riety.''
This decision pronounced by the enlightened Chief
ustce OF the Supreme Court and with citation of his
pnlOn, might the question. 1t the ad Indication of
he highest and most dignied tribunal of the country nsl
ued in order to apply and expound the laws and Csnstu
ion. Thee are its proper and legitimate functions
An act establishing branch of of the banking corpo
atoms, pertains the mother institution. 1t deeply
ng more nor less than agency repeal therefore of
lause of the original charter by establishing such
ranch, is no inracon of the Constitution either in its letter
spirit. 1t pertains to object, the establishment of
ranch with a limitation expansion of privileges.
Anterior to the adoption of the Constitution the Bank
I'D the privilege of establishing branches That privilege
as not been destroyed By the Constitution Such inter
rotation would well destroy any other privilege.
But what it the law of 1850 is unconstitutional? whence
oes the Board of currency derive its authority enounce
law of the General Assembly, and declare the same un
constitutional or nexpeden? For. be pretended
hat Mr. Gay denounces the Bank for
IF the law-but he denounces the law aef He ATTEMPT,
% show that it passed hastily through the forms of L.
sislaon and as hastily approved by the Governor He says
that II have deemed it my duty, member of the Board
to denounce to what think be nracons or the
and Of the Constitution Of the State"
lnfractions of what laws, and by whom? Not by the
board-because is operating, Mr. Gayane will admit
under the law Of 1850 1t clear that Mr. Gayalre de-
nouncng the law itself. and the General Assembly for en-
W. he Mapi f,,
it. He enters into long detail with respect TO the manner in
which ii passed the Assembly.
This is an assumption of most extraordinary powers Iii
an assumption of supremacy the Legislative Dpart
men OF the Govemment-the the CREATOR All
laws, whether they constitutional or unconstitutional
ae to all nen and purposes, binding and of force until
they are declared unconstitutional by the tribunals erected
by sovereign authority for that defined and specn pnrpoe
ian any ehzen-ean any body corporaecan any depart
ment OF the Government disregard law upon any grounds
ant these constitutional forms observed? Even the
highest tribunal Of the country, although vested with now.y
to pronounce law has no power IN di,
regard law Tor the reason that it is nexpeden-mucb less
can mere citizen disregard il This is the very spir;t r
dsorganizauon-- would be the erection of individual will
and Judgment over the laws and constitutional would be
q total subversion of all Government
But has Mr.. Gayane reflected how the A,tornsv
GENERA Is to proceedP Representing the State in all mse,.
pertaining to his public duties. would be either proner n,
decent Tor him to attack of the laws unconstitutional
lie acts I'm the Of the State.' is his dutv IN
The authority of the Attorney General 10 prosecute ar d.
lend any suit in which the State concerned does not how
ever result from one presumption. 1t necessarily impsd
from the nature OF his office, and expressly given by
Act OF Assembly defining has duties Martins Digest
oS NOW, what are his dute defined by the act refer
red to- simple expression covers the whole gound Ne
acts " an the name Of the State
Gan he in the of the State institute proceedings do
clarng law, made under its authority unconstitutional
W this not be, rather acting opposition TO the State
.han representing p Does his commission authorize him
any particular to act in opposition to the Government
rom which he derives all the power he possesses? Tb,
wond indeed be the creation of officer to denounce
laws, rather than to defend and MAINTAIN them.
Although Mr. Gaysre. a semi official way has aubo,
lied the statement that he did not in his publication intend
TO attack the standing and Louisiana State .nl
Is quite evident that his letter did both and il did more,
conveyed an implied his colleague for being les
vgant and less cienous than in the performance
Of the duties that devove the Board Currency taxi.
that the issued under the authority of tbs
State be not deprecated supervise the faithful
ton Of said act of 1872 and OF the charter by laws of all
Banks working under it,
The obvious meaning of Mr. Gaysnes letter. makes it NV
duty refute the unfounded imputatinns referred to-
So far from the position of the Louisiana State Bank having
been weakened by its action with its Branches
the passage Of the law OF 18th March, 1885, last state
prblshea hp tbs Rnayl l-rv-pcy dated a,h