Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1837-02-22

that there could be no such Office, created
in the city of Detroit by the legislature
He, Mr.. MD. contended that whatever the
constitution does not prohibit, it is compe-
tent for the legislature to enact. He had
consulted with several gentlemen who have
extensive legal information, and who were
members of the convention which framed
the constitution, and they are unanimously
of opinion that it is competent for the )egls-
lature either to abridge or extend the powers
and duties Of County Register, or to create
or abolish the Office of City Register, as
may seem to them most expedient. There
are several matters which the constitution
has prohibited the Legislature from doing.
They are prohibited from authorising money
to be expended except by an act of appro.
priation. They are prohibited from grant.
ing any bills Of divorce. They are pro-
hibited from passing any law to authorize
lotteries. They are prohibited from pass
ing any bill of Attainder, or ex.post facto
law, or any law which shall impair the OBJ.
legation ofcontracts. But they are not pro.
hibiled from defining the powers and duties
of all officers named in the constitution,
either to limit or extend such powers as
may to them appear most advisable.
1t is open for the legislature if they think
proper, 10 alter and regulate the arrange
ments of the supreme and circuit courts, to
say whilst the court is sitting in the city Of
Detroit, that the Marshal of the city shall be
the ministerial officer of the circuit court.
He would not say that it was necessary or
expedent to make such regulations, but it
was competent for the legislature SO to do,
and if there were no such officer as the city
register, it would be competent for the lie.
gislature to create the office. In all things
not prohibited by the constitution it is CON-
petent for the Legislature to act. 1t is COM
petent for the legislature TO say that the
sheriff of Wayne county shall execute
nothing but criminal processes, and Gre ate
another officer to attend TO and execute
civil processes. He did not say such re.
gulation, would be proper, but it was CON-
petent for the Legislature to make it if they
thought fit. The sovereign power was in
the people, and the Legislature were the Re.
representatives. of the people.
lections to the bill, it was mere matter OF
cxpediency, and the legislature ought to
consult the convenience of the inhabitants
of Detroit. He thought it more the pro-
vince Of city officer to record the transfer
Of city lots. Persons might thus ascertain
the situation of city property without being
under the necessity Of going over the re-
cords OF the county. Seeing there could be
no constitutional objections, and as the
citizens of Detroit wished for it he should
vote in favor of the bill.
Mr.. Barry said as an individual, he en-.
tertained no hostility towards the bill and if
he thought it competent for the legislature
to pass such a bill he would be willing to
vote for ii if convinced that public good re-
quired it but with his views of the consti-
tuition he should be under the necessity of
opposing its passage.
The gentleman from Wayne had said that
the law creating the Office was passed before
the con stitution was formed and that all laws
then in force and not contrary to the con-
stitution are yet in force.
He, Mr.. Il. was sincerely Of opinion that
this was q law of that character which did
conflict with the constitution, and conse-
quently when that instrument became the
supreme law this Office ceased TO exist, and
that it is now incompetent for the leglsla.
ture to renew it.
The subject had been under considera-
ton on a former day sti'! he (Mr. b.
would again briefly state the reasons on
which he founded his opinion The con-
stitution CART. VII. Sec. w. provides for
the election of an officer in each county to
be denominated Register of deeds, and
he would ask what were to be the duties OF
that officer? Obviously his duties were to
record deeds, and if to record deeds, ne
would ask what deedsl 1t was reasonable
and rational to answer, all deeds and con-
veyances of land in that county. Any
other construction would do violence to the
constitution for, as by that instrument the
office was created, we must suppose its
trainers had some motive and design, and
what could be their motive or design but to
consolidate and keep together all the records
of each particular county Else why the
propriety or necessity of instituting the
officel Again he (Mr. b. would ask gen.
tlemen to look upon the subject in another
point of view: 1t was the duty Of the lc-
glsature to carry out and give effect to each
and every provision of the constitution, and
would not the passage of the present bill
tend to defeat the provision in that instru.
ment establishing the Office of register OF
deedsl He, (Mr. b. thought so and he
believed he should be able to satisfy others
that he was correct in this position. If it
be competent for the Legislature to create an
office in Detroit and to authorize its incum.
bent to record the conveyances Of land In
that city, and thus to dispense with the ne
ccssity Of their being registered in the re.
cords Of the county, it is certainly compe.
tent for the same legislature TO make slmi-
lar provision for every township in the coun.
ty of Wayne-and not only for every town.
ship in the state. In the event (said Mr..
b. of course of Legislation like this, what
would be the duties remaining and required
to be performed by the register of deeds
elected under the constitution ? Would it
not render that office nullity and in effect
destroy or at least supercede portion of
the constitution 7 And he (Mr. B. con-
tended the legislature could not do that in.
directly which it was incompetent for them
to perform directly.
Mr.. B. said he knew the bill assumed
that there was such an Office as recorder OF