New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-01-29
NUMBER 2s1.

the Legislatures Of these States respectively may cat
my intentions az expressed and set forth in this NO
ast VII ana testament into effect as Ar and in the
neY WHICH WIN appear TO them most proper.D FF
40 however ingenious torture this plain
angnage nor maifests intoa double Or
equvoca The testator exhibits plan
vsed by himself which he conceived to be the most an.
propriate machinery f the admration of his general
es.a.e vne grand and Indispensable element of tina
plan the nalenabity and perpetual increase of th.
testators landed estate His plan Is unit from which
he prohibits the slightest shadow Of deviation under t
pain OF nuiiity II his plan. with the machinery or,
yded is against law opposed pabc policy or cannot
take effect from any cause whatever then be Owes his
that his Intentions as expressed may be carried int
effect as far and in the manner which viii appear to the
Legislatures OF those States most proper
If the testator had have intended to rive his Tn
the cities Of NewOreans and Baltimore, absolutely and
without qualification when should appear that the
cities and charitable Institutions could not take the
ciea bequeathed to them upon the plan
devised by him why did he not declare himself instead
Of giving his estate to Louisiana and Maryland in the
form and language recited3 The H. that the
contingency stated it prudent and reasonable
to trust to the berality and wisdom of the sovereign
power to carry out in practical the benevolent
designs Of the testator than to municipal corporation
If the States recover the property they will take 1t
absolute owners and may dispose Of it at their dis
cretion although dopbtess it will be applied purpose
germain to the wishes of the testator s-s,..,.
On the other hand if the cities get the property vii
proeaby require many years Of expensive litigation BE-
mean time the uncertainty resting the extent
their rights will paralyze in great degree their efforts fo
F.r
IT, notwithstanding the State decides to legisate fol
the benefit Of the city Of Newfeans the only tina
would not pc extremely hazardous is to donate absolutely
all her rights to the city 70 this there exists
| this time at least two serious objections III 8
An absolute donation by the State to the city would
have the effect Of transferring the suit from the Stats
courts to the United States Circuit where suit is nov
pending by the legal heirs Of McDonogh against the city
the % The State Eta y not and be mad
State court she at once enter upon the possession
the propcrty whereas If the litigation is transferred
| Trr.if
tied up in chaneery for many years at last be decided
by tribunal but little familiar with peculiar laws
2 II is maxim Of common prudence first to get befor
and reduced it to possession She pIeases give
to the city in form that may be deemed the just
and Best calculated topronote practcably the benevo
lent intentions of the testator If she gives now tn
city will take with all the discretionary powers vested b.
the win in the State and there is no certainty that tn
property would he applied to any charitable purpose
On the other hand the State regards it duty
desires to gain the property on the conviction that tn
interests Of the State at large and the wishes and inten
tions Of the testatbr will be eectualy consulte
| and couciated thereby her line of policy is plain
law should be passed inconsistent with that desire
that sense of duty but her chances Of should
left unpreiudced and unmpaired Provision should
made for the prosecution of the suit and for the payen
Of such fees the associate counsel be consderes
entitled to-. And mode should be provided the
lection appointment of commissioners agents to TAX
charge Of the property in the event of the of tn
State and to sell and administer the Legislature
direct If this course is pursued my associate
and myself have all reasonable confidence of
will further remark that it in my power to hav
forced the causeo trial during the month of Novembe
last but it not considered entirely respectful to til
sovereign authority of the State to urge the courts
final decision of important especially tn
meeting of the Legislature. whose sovereign will it
proper to consult was approaching and at hant
And it with this view, presume that your Exec
lency has been pleased to call for the information
have endeavored with such expedient suggestions
Cured to me. to lay before you.
In conclusion. beg leave to add that the fate of tt
far relates the rights and interests of IL
States R with the Legislature The counsels of that
ghtened body in the matter must control my official
tion and the result relieves heavy responsible
ity. / shall have occasion to rejoice. l71p A rs
With profound respect and esteem. your Excelency
most obedient servant,
ISAAC JOHNSON. Attorney General