New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1861-10-26

obligations for the advantage Of those Northern
citizens! VIII he not be aiding and abetting our
enemies 4 Assuredly 500 We also contend during
the interval say from the stof May to the pas
sage sof the sequestrahon act--that our notaries
have been Inadvertently and unintentionally aiding
and assisting alien enemies by protesting obliga-
TONS which has resulted to the advantage of such
enemies, who will at the end of the war be armed
with ammunition, as it were, to proceed against a
large number of loyal citizens of the Southern
Confederacy. s-
There are large sums Of paper now running to
maturity, which are owned by enemies that WILL
never reach the hands of the Receiver. Temporary
agents of these alien enemies or Northern cltizens
are not likely to trouble themselves in paying their
respects to the Receivers. They may apply to no.
taries to protest the paper. Is notary bound to
protest at such request Does he not violate the
statutes by so doing and Is he not aiding and abet
ting the enemy? We verify believe there will be
large amounts of paper which will never be sur
rendered 10 the Confederate authorities A walk
ing or travelling agent may appear on our flags on
collecting tour this week, carry out his purposes,
and take his departure. Is prh,.a fncje evidence
to be recognized in such cases. Is Notary pre-
pared to make protest of paper of this character
under pl,iiaa facie proof during this crisis No in
| sttution having any regard for the laws should
have received paper for collection Northern
account since the pronunciation of the act of the
2lst of May. AS for protesting paper to hold en-
dorsers in Northern States, which may have fallen
into the hands of the Receivers, is this not implicitly
aiding alien enemies by using statutes to hold
endorsers and makers who may or may not be
enemies? ...r- s,.
Ed. C.escent-Tn your Talk on Change of the
I'D is the following:
Moreover, no notary can protest note or draft
held here for account of any alien enemy; if he
does it will cost him his commission and any such
| protest is void to the fullest extent"
| This think inaccurate. There are embarrass-
ments enough inherent to our situation, without
the addition of those arising from msapprehensons
about the relations OF different citizens towards
! each other. Now to show its inaccuracy Pos
session of bill or note is prtd fucie evidence of
| ownership. Every note or bill that comes to a
notary's hands for protest must be delivered by
some citizen present in person. Is the notary au
tofized to put questions to him to ascertain the
ownership? to test the truth by putting an oath?
The representation act has appointed officers for
| that purpose. Again, is there any law releasing
the parties to bill or note held by an alien enemy
| or alleged to be so held? On the contrary, the
seeuestration act assumes the contract of all the
parties to be complete and their liability fixed, and
that the fruits of such contract TO- the money
III the case of bill or note-it orders to be hand
ed over to the Receiver. But failure to protest q
Dill OF note reieases all parties bae the acceptof
and maker. The State, then, by preventing O no.
tary from protesting, releases all other parties to
the disadvantage OF the Government, in SO far as
recourse to the parties liable only after protest be
necessary to make the money in case it decides to
keep or eonfscate ultimately, and to the diseredit
of its good faith in not preserving intact contracts
which it forbids its citizens for the time to execute
if it decides ultimately to restore. To prevent
protest, then, would make the sequestration act
one for confscation, not for the beneftef the Gov
eminent but of the debtor. lob sF.'
The allegation of ownership by an alien enemy
to demand of payment of note or bill is very
easily made, and if it carry the premium of ex.
emption from liability will be frequent as easy.
No SIR it. Is the duty of notary to take all steps
necessary to xthe liability of all parties; if pay
nent be offered to be made to the Receiver instead
of the HOLDER to that it be paid the Receiver
before surrender of the note release of any
parties, and in case of the allegation of enemy's
property to inform the Receiver Immediately.