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


that there was great deal Of trouble at.
tending it. He knew of cases where con-
veyances had been recorded in the city of.
fee which ought to have been done in the
county, and others recorded in the county
which ought to have been done in The city.
The county officer will always reside in
the city-and as the whole of the business
would only give person the means of
living, he was in favor Of abolshing the city
Office. q
Mr.. Comstock said Z believed instead of
the legislature having the power to create
this Office, the moment the constitution was
adopted the office was abolished and the re-
cords since that time were of no more value
than if they had been made in any other Of
fice-and instead of bill to perpetuate this
Office, the gentleman ought to bring in bill
to legalise the acts Of the city register.
Could the legislature make two registers
in the county of Kalamazoo and what was
there in the county of Wayne to entitle it to
more than other counties. The constitu.
ton says that each county shall have a re-
gister of deeds. He. Mr.. c. was ac-
qualnted with the business of the city and
found frequent errors arising from the two
offices. The people did not want the office,
none would wish it to be continued unless
they wanted it for themselves or some friend.
The legislature ought to go on and abolish
the office and make the deeds already re-
corded there legal.
Mr.. MDonnell said the gentleman from
Kalamazoo had secuted the opinions of the
gentlemen he had quoted, but he, (Mr. M
| d. thought those gentlemen full as compe-
tent to judge as he (Mr. CO. was. He
would not wish to control the gentleman's
opinion, neither would he wish to be con-
trolled by that gentleman.
He, (Mr. Med knew there was little
knot of aristocrats, who were DESTROYS of
having the Office abolished. The object of
the democratic party was not to unite of.
fees. but to divide them. He was aware
that the aristocrats wished to do away with
this office, but the people wished TO retain it.
Mr.. Mickey said that however willing we
might be to accommodate communities, we
ought not to infringe upon. the constitution.
With respect to the opinion of the learned
gentleman which had been quoted, he mr..
Mex found that the learned disagreed as
much as the unlearned, and he thought it the
duty Of every member to act in accordance
with his own views Of the provisions Of the
constitution. With respect to the remark
that the Legislature had power to amend
the charter and create this Office, why might
not other interpretations make the same APP
plication.
Mr.. Barry said he had not intended again
to trespass on the attention Of the Senate
but as the gentleman from Wayne (Mr.
McDonnelD had referred to the opinions of
gentlemen learned in the law in support of
the position that it was competent for the
Legislature, by way of amendment to the
charter Of the city Of Detroit, to create this
office though it had no previous existence, if
requested so to do by the citizens of that
city, he thought it incumbent on him, by way
of reply, to enquire into the correctness and
validity of those opinions. AS the gentle
man had given no reasons on which to base
such doctrine, and as the office was in
contravention to the constitution, he Mr..
| b. could only suppose that such opinions
had their foundation in the supposltion that
the charter Of the city having been granted
before the adoption Of the constitution, no
part of it could be superseded, though it
should conflict with that instrument, and tina.
the Legislature in making laws for Detroit
had only to regard the wishes of its citizens,
without regard to constitutional restrictions.
Mr.. B. said if such was the basis of the
opinions TO which the gentleman had alud.
ed, he deemed their fallacy so apparent that
no argument was necessary to refute them.
If they were based on the assumption
that it was competent for the Legislature in
granting acts of incorporation to cities and
villages TO give unlimited powers, he dis.
sented from the proposition. Every city
and village being a constituent part of a
county, must forever remain subject TO all
constitutional provisions in relation to coun.
ties and, as one of those provisions re.
quires that there be register OF deeds for
such county, the Legislature have no al.
thority to direct otherwise.
AS the opinions of persons learned in the
law, who were not members, had been cited,
he mr.. b. would state that some Of the
first lawyers in Michigan had expressed to
him their decided opinion that it was in
competent for the Legislature to create the
Office of register of deeds for the city Of
Detroit, and that the same had long since
ceased to exist.
Mr.. B. said that some gentlemen present
who agreed with him on the constitutional
question involved, had minated wish that
the Legislature would abolish this Office.
This he thought unnecessary, because if he
was correct in his opinions the Office was
already abolished-the registery of deed
there will give it no more validity than its
registery in the books Of any merchant in
this city.
The creation of such an Office admitting
| it constitutional so to do, would cause much
inconvenience. AS the limits of the city
are from time to time enlarged, every chain
Of title would be recorded in part in the
county and in part in the city office. But
he mr.. B should not dwell on this obiec.
| tion-he should not vote against the bill
from this cause-he wished 4 understood
that he was opposed to it on constitutional
grounds only.
Mr.. Mcdonnell said it would be compe-
tent for the Legislature when they give cor
porate powers to any city, village or town,
laid out in lots with municipal government
distinct from the farms of the country, to
give at the same time to every such corpora
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