New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-02
NoTARrEs plIBLf0,

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The want of respect for law which un
happily has marked the conduct Of on
political opponents for some time past, ha
resulted in confusion and disorganizatiol
: in the administration of public affairs, AMI
justifes the NOSE serious apprehension
that the interests of the people will expe
rience still greater damage than they hav
already suffered, unless a speedy chang
: for the better takes place. The manner il
which the business Of notaries public il
this State, more especially in this city, is a
present conducted forcibly illustrates the
truth of these reflections, and we propose
to devote few lines to its consideration.
For a long time previous to 1867 the
duties of notaries in this city and State
were performed under three acts of the
Legislature, to wit: "An act relative to
notaries in New Orleans, and "An actrela.
tive to notaries," both approved March IA
1856, and can act relative to notaries pub.
lie in and for the parish and city of New
Orleans" approved March II, 1851. By
these acts notaries were appointed by the
Governor, by and with the advice and
consent of the Senate. In the month of
March, 1867; bill was introduced into
the Legislature of that year, the chief fea-
ture of which proposed to deprive the
Governor and Senate of this power. and 10
leave it at the option of " every free echite
male citizen of the State,' who had resided
therein fire gears" to become notary if
he SO desired. The bill reached the Gov
ernor, then James Madison Wells, on the
last day of the legislative session, and so
many objections, intrinsic as well as ex-
trinsic, suggested themselves to his mind in
considering it, that he refused to give it his
approval. Upon Benjamin F. Flanders,s
accession to the executive office of the State
he was solicited to place his signature to
this bill but he declined. And it was
after Governor Baker had given it some
three or four months consideration, and
more than twelve months after its passage
through the General Assembly, that it OBJ
tanned his approval, which bears date the
eighth of April, 1868.
A brief examination of the clause of the
Constitution of 1864 the Constitution un-
der which this bill passed through the
stages of legislation-which prescribes
what is necessary to the enactment of a
law, and of the clauses of the Constitution
OF 1865, with which this bill is inconsistent,
will render its validity extremely doubt
iul in the minds of all who will give the
question dispassionate consideration. It's
axpediency will find few friends beyond
hose who seek political advantages, or
who are personally interested in its recog-
lltion. Yet when all the circumstances
with its conception are consid-
red, it is not surprising that persons can
'e found who not only claim for it the
orce and virtue of law, but evince the sin
,erity of the faith that is in them by acting
lnder its provisions. From the conflict
hus created between those who believe
hat notaries derive their powers from the
State Executive and those who believe
hat the State Executive had no longer any
uthority to appoint them, it is only by a
aretul examination at the proper sources
Information that one can determine with ,,
ertainty who among the large number !
tanning to be notaries are notaries at all !
y the second article of the "act relative I
} notaries public in and for the parish and !
ity of New Orleans" approved March u,
357, 1t is provided that the Governor
nall, by and with the advice and consent
the Senate, appoint not less than forty
nd mol more than sirty notaries for the par :
h of Orleans. The minimum number is
lore than enough for the wants of the par
ID. Yet the offices of the Secretary of
tate and State Auditor furnish evidence
lat from March, 1866, to November, 1865,
persons have qualified as t
otaries in this parish; and that a
these, ninety-oue have received O
admissions under the laws Of 1855 and i
So, and seven have qualified under the i
II Of 1867 by fling the requisite certii- q
lte and bond in the State Auditors Of =
'e. Again, Of the ninety-eight notaries i
acting, only sixty-fve have filed IN the ]
ate Auditors Office the bonds required by q
/ the laws on the subject. Assuming that 7
e bill of 1867 has all the validity claimed L
it by its friends, yet only twenty-five g
,taries have complied with its provisions.
nd SO numerous are the known instances o
which one or the other or all ofthese laws Ii
ave been disregarded by persons acting C
notaries that there is reason to fear the il
tai number of those claiming to be such c
much greater than that given from Of T
,ial sources. z.h feo1l "
1t is needless for as to descant upon the c
reat importance which the laws of our b
tate attach to the authenticity of acts. v
he absence of this quality in a sale, +
ortgage, will, protest, and in many +
Their instruments, might be fraught with il
Ne most disastrous consequences to those h
xecuting them or interested in their provis- c
ms The qualifications of those exercising Ii
le functions of notary should therefore be Il
laced at all times beyond doubt or cues. a
ion. Sooner or later the courts will be Il
allied on to settle the questions in eontro- /
ersy, and to determine what Is the law a
hereafter on this subject, unless, as we G