New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1862-01-25
NUMBER 274.
Gotfon Relief Bill,
THE sovERsos-s .yEro nsssscz.

+ DPFIcE Baton Rouge, Jan. 2i, "
TO The Honorable the Speaker ard Members Of tbe
~ Hoa.e Of kepresentssiyesa Z
I return to the House of Representatives the
Act tor the relief Of the cotton planters OF the
State of Louisiana" After a careful examination
of its provisions, made with every desire to give
effect to the expressed wish Of the Legislative De-
partment of the Government. when consistent with
the conscientious discharge Of my own functions,
find my objections to the bill so serious and vital
in their character as to compel me to withhold my
approval. shall proceed to state those objec
tioBs rs sf8 ~ a4s@4T,y a ~ t84
The l0sth article of the Constitution provides
that :. the state shall not subscribe for the stock
o., nor make loan to- nor pledge its faith for the
benefit OF any corporation or joint stock company
created or established for banking purposes, nor
for a7sy other purposes than those described in the
1osth artcie.' il IS argued that the words have
italicsed have reference to corporations or joint
stock companies. and are designed to enlarge the
circle of their prohibited purpose. do not So
construe it. The article is q manifest prohibition
to the State pledging its faith for any purpose ex
cept that which is specified in the following article,
and as the object to which the faith Of the State is
proposed to be pledged in this bill is not pre-
tended to be included in the powers granted by
the lo9th article Il think it comes within the pro-
hibition previously declared s3S f59f y!
Whatever doubt, however, might exist as to the
ton to the present BILL find In the llth article Of
the Consultation an imperative requirement, which
this bill fails to meet. It reads, wherever the
Legislature shall contract debt exceeding in
unless in case Of war to repe invasion or suppress
insurrection, they shall, in the law creating the
debt provide adequate ways and means for the
payment Of the current interest, and of the prnci
pal when the same shall become due.''
The bill now under consideration, after pre-
scrbiDg certain formulas for the affidavit of the
applicant for relief, the .apprasement Of the cot
ton, and the certificate Of attestation, provides that
the applicant shall Is execute his bond in favor of
the Governor of the State and his successors in
office, with one solvent security, when the appl-
cant owns no real estate situated in this State and
equal to the bond and above the mortgages on his
property, in amount not exceeding five cents per
pound of said cotton when ginned, or one and q
quarter cents in the seed, payable when the said
cotton shall be sold y and attaches to this bond SO
executed the force and effect of twelvemonths'
bond.n 1t provides for the release Of any privi-f
lege upon tire cotton to. be endorsed on the bond,
and in of refusal by the holder of the prFi-
lege TO release for the issuance Of Treasury notes
to the extent only of the excess in the value Of his
cotton, on the basis OF appraisement previously
stated over the privileges. v S5g' sas.s DIX
1t is upon the presentation, of these bonds, with
the antecedent documents, that the Auditor OF
Public Accounts shall issue his warrant on the,
State Treasurerfor the amount of the bond, less
an Insignificant reduction. The bond itself is to
contain positive stipulation for the refundng of
its amount to the State Treasury when the cotton
shall be sold, and pledges the proceeds of the sale
of said cotton to its redemption, fSec l8) and is
to be recorded in the book of Judicial Mortgages
in the proper parish, such registry operating as
Judicial mortgage on the PROPERTY of the applicant
If the applicant shall fail to appropriate and pay
or cause to be paid the proceeds Of the sale ofthe
cotton SO pledged in redemption of his bond the
Auditor is required to issue writ of teri fdcids
with interest from its date against the property of
both principal and surety, within eight months
after the blockade is raised y which process is to
have the same force and effeetof a tieri fdeids
issued upon twelvemonths bond"
this bill for the redemption and payment Of seven
millions Of Treasury notes, all of which become
due at the expiration of one year after the block
ade is raised" and which on their face are declared
to be secured by q pledge Of the cotton crop Of
the State of Louisiana of 1851, and the faith of the
State pledged Sec. 2. do not deem them
adequate. s
Tie cotton crop of Louisiana Of 1851 cannot be
pledged by the State, either for that any other
purpose. 1t is not hers to pledge. 1t belongs to
individuals in most parts private property, and
cannot be taken for public uses, except under the
guarantees of the Constitution. It is notall within
her limits, since portion of it has already been
exported. It's obviously, then, beyondlthe power
of the State to pledge the cotton crop Of 1861. It
is, however, within the power OF Its. owners, and
it becomes important to ascertain what portion of
that crop is pledged by this bill, and whether that
limited pledge is more than nominal.
1t is very clear that only that quantity of cot
toni is pledged which is in the hands of the ap-
plicant as ''owner, administrator executor, tutor
or AGENT and it is, therefore, the proceeds Of the
sale of such quantity only that is required to be
paid into the Treasury in redemption Of his bond
No cotton in the hands OF. any owner who does
not choose to become an applicant, can be pre-
tended to be pledged. If the applicant. chooses
to soil his cotton, he is at perfect liberty to 90 So
Itremains in his hands. If he sells the purchaser
obtains good title. The State cannot proceed
either against the cotton or its proceeds. Not only
| LATED privilege Of the State can be enforced, but
in point of fact and law, none is created BY the
aet. do not overlook the provisions OF the l7th
Section, which denouuces the felonious alienation
i.uit nina1 ltv The aDfnrnamPut that
pGovision by punishment of the feonions act does
not advance step towards the requirements OF
1.-THE Constitution, that adequate ways and means
| shall be provided for the payment of the note.
The punishmen. Of the criminal act does not CON
stitute part Of the machinery for the enforce
ment of civil. obligation. What is that ma
| chinery? 3tz5@
By the l4h Section, tho Auditor is authorized tc
issue il. fa., within eight months after the block
ade is raised against the property of the default
ing obliger and his surety. But can the Legisla
ture, or the officer acting under its mandate, seize
the, property of any: one for deots II may fol
taxes, for they are, in the nature Of a contribu
ton, exacted.by Government for its purposes, but
it belongs to the Judiciary to determine whether
OF not the debt exists. The Legislature cannot
exercise judicial sanctions. That department can
make laWs,and repeal them, but in doing so II
cannot taaa from q citizen the rights he may have
acquired under particular law, nor can it assume
the duties and powers OF the judicial department
minstersd in relation tc particular right - car
say for what breaches Of its enactments, or fol
what emissions of duties imposed, fines and FOR
FIXTURES shall be, incurred; but it has notright te
try case oman, allegation of breach of what ths
law requires oN Of the performance of an obi
cation or confsact, and to decide the case in favo
of the State against it, and then execute its owl
decsae. &
In the discussion of the adequacy of the way!
and means provided by the bill for the payment o
the debt it 3reates it is necessary to proceed fur
ther. The, whole of the seven millions becomes
due at he,eXpiration Of one year after the block
ade is raised. The proceeds Of the bonds are th'
sole security for the redemption Of these notes
Payment is not to be exacted until within eigh
months after tthatevent. The Auditor is permitted
to grant the longest delay to the debtor. and bu
four months will remain to make the property, Q
the debtor and his surety available for the purpos
I of payment. If litigation ehsues and the shiei
of isunctions is employed to- postpone, as it wi
assaedy be, the time of payment will be deterre
until long after the maturity Of the Treasury note
I If this contingency be even probable, the "waJ
, and means'' are not ''adeqnate.a p ssFgft ~
The property of the applicant will, in man
cases, be sneumbereA with mortgages anterior
that Of the State Ii 1t is exposed at public sa
under the Auditors il. fa., 1t must bring enough
: satisfy the older mortgages. Otherwise, noihin
will be made to the Treasury by the issuance
the fl. fa. and exposure at sale. By the 18th Sc
ton, the Sheriff is directed to issue the writ as
| case of twelve months bonds. The properly WI