by the governor, and a city council composed of two chambers of three members each, all elected by the people. The mayor was given an absolute veto on all laws passed by the council, and was to appoint all city officers except the register, who was to be named by the governor. The powers given to the city council, their exercise being always liable to the mayor's veto, were very extensive. The council could provide, among other things, for sanitation, police, drainage, lighting, repair of streets and bridges, vehicle licenses, fire companies, markets, weights and measures, and education. They could pass all laws necessary for carrying out these powers, and could levy and collect taxes. To illustrate the minuteness of the enumeration of their functions, they were authorized to fix and regulate the size of bricks to be used in the city, to regulate the measurement of lumber, coal and wood, to sink wells and erect pumps, and to regulate the weight and quality of bread. This would have been local self-government with a vengeance, except for the absolute veto power of the mayor appointed by the governor. But the system appears to have been a failure. The governor and judges quarreled with each other, and governed the people in an arbitrary fashion. On February 24, 1809, Gov. Hull, in the absence of the judges, repealed the law of 1806; but on the return of the judges an act was passed September 16, 1810,2 repealing all laws made for Michigan prior to the establishment of the territory in 1805, and also all laws enacted by Governor Hull in the absence of the judges between June 2, 1807 and September 1, 1810. Hence the act of 1802 incorporating Detroit as a town was clearly repealed, and the incorporation act of 1806 was presumably revived, though it has now been statute law in Michigan for many years that the repeal of a repealing act does not revive the original measure.3 But however it may have been legally, the city of Detroit had 1 Mich. T.. L.. 4 v. 83. 2 Ibid., I v. 90q. Howell's Annotated Statutes, sec. 3. little government except the personal government of the territorial authorities, until the new charter was granted under Governor Cass in 1815. It is hardly necessary to mention the fact that Detroit was in the hands of the British military for about a year after its surrender by Governor Hull in August, 1812. II. The council period, 1813 to 1854. In the year 1813 Gen. Lewis Cass, a man of New England birth and training, succeeded to the governorship of the Territory of Michigan, in place of Hull, who had been disgraced by his surrender of Detroit to the British. Governor Cass held his position until 1831, and during that period did his best to encourage the growth of local self-government among the people. After Michigan became a state in 1837, although Cass' public activity was transferred to the field of national politics, his influence in his state was almost supreme until the new Republican party came to power in 1854. During this whole period, the state and the city being of the same political faith, Detroit legislation seems not to have been influenced by partisan motives. The system of city government centered in the council, and the detailed changes from year to year were made in accordance with the natural growth of local needs. During most of this period, that is, until 1847, Detroit was the seat of the State government. At that time the cap. ital was removed to Lansing. Let us proceed to take up in detail the development of the city charter under these circumstances. The Charter of 1815. On October 24, 1815, Detroit was reincorporated as a city by the new territorial authorities.2 The original act of 1802 was revived and amended. The old officers were retained, namely, five trustees, secretary, assessor, collector and marshal. All these were to be elected annually 1 Howard, Local Const. Hist. of the U. S., p. 154. 2 Mich. T. L., I v. 534-541. from residents by the freeholders, the householders paying an annual rental of $40.00, and such other residents as should be given the freedom of the corporation by majority vote of the electors. The board of trustees were given general powers to establish laws and ordinances for the health, safety, cleanliness, convenience and good government of the city. All laws, ordinances and regulations of the trustees were to remain in force until the next annual meeting of the electors, when they were to be submitted to vote, and if rejected by a majority of the citizens present, were to be null and void. All taxes were also to be voted by the annual meeting. The trustees could fill vacancies in elective offices, appoint subordinate officers, call special meetings of the citizens for voting taxes, and license and regulate taverns and other public houses of entertainment. The secretary of the board of trustees was required to keep a legible copy of all laws, ordinances, etc., in a book open to the public inspection. Six years later, 1821, a supervisor of roads and highways was added to the list of city officers, and the voting qualifications were amended. Henceforth all free white male citizens of the United States who had lived in the city for a year and had paid taxes were to have the right of suffrage. The Charter of 1824. granted a new charter." By act of August 5, 1824, Detroit was The elective officers were to be mayor, five aldermen, marshal, supervisor, assessor, collector and three constables, chosen annually. The mayor and aldermen together were to appoint a recorder, a treasurer and a clerk. Refusal or neglect to serve in any of the elective offices might be punished by a fine of not more than $25.00. The mayor, recorder and aldermen were to constitute the common council. No business could be transacted with both mayor and recorder absent. The recorder was to be the vice-mayor of the city. Taxes were to be voted by the people on recommendation of the council, but the amount to be levied in any one year was 1 Mich. T. L., I v. 314. 2 Ibid., 2 v. 221-230. not to exceed one fourth of one per cent. of the assessed valuation of all real and personal property. The mayor's court was established, to consist of any three or more members of the common council, always including either the mayor or recorder. This court was to be a court of record, and to have full jurisdiction in cases of offenses against the city laws or ordinances. Changes in the council and executive offices. The general form of organization provided by the charter of 1824 lasted for more than thirty years, although a new charter was granted in 1827,' and numerous amendments were passed from year to year. The council maintained its position as the central organ of the city government. Its composition was changed in 1839, when the city was divided into wards, each of which was required to elect two aldermen, a constable and an assessor.' The mayor retained his position as presiding officer of the council, but had no appointive power. When the Board of Education was organized in 1842,3 the mayor became its president, but kept that position for only four years. In 1846 he was forbidden to preside over the mayor's court except in the absence of the recorder, but the act of 1846 was repealed a year later. The recorder lost his vote in the council in 1839. During this whole period the list of elective officers was long. By an act of 1849 the charter officers to be elected annually on general ticket were to be: recorder, attorney, clerk, treasurer, marshal, superintendent of water-works, phy. sician, director of the poor, sexton, clerk for each public market, surveyor, three inspectors of fire-wood, and two weigh-masters. In 1827 the collector had been made an appointive officer, and a definite provision had been made that all ministerial officers should be appointed by the common 1 Mich. T. L., 2 v. 339–354. 5 Ibid., pp. 19-21. Ibid., 1849, pp. 32-36. 2 Mich. Laws, 1839, pp. 31-35. • Ibid., 1847, p. 96. council, and be removable at pleasure. A few years later the constables were made subject to removal by the council for cause. Holding more than one office had been forbidden by the charter of 1827, but this provision was repealed in 1844, and at the same time the council was authorized to appoint a city auditor to hold office for three years, subject to removal only by two-thirds vote of the entire council.3 By act of 1849 the council's power of removal over ministerial officers was greatly diminished, as it could henceforth be exercised only by two-thirds vote after showing cause and giving a hearing.+ Elections. In 1837 the required city residence for electors was reduced to six months, and a board of five election inspectors was provided, to be chosen by popular vote, and to serve at all city elections.5 Two years later, with the division of the city into wards, the election inspectors were to be the two aldermen and the assessor chosen in each particular ward. A heavy penalty was attached to "repeating." The term of ward residence required of electors was fixed at ten days, but was increased to thirty in 1841.7 Financial affairs. The finances of the city were not very well managed during this early period. In 1827 the council was authorized to issue due bills for payment of debts, which were to be receivable at par for taxes and other payments to the city, and were to be transferable without endorsement. The amount in circulation at any one time was not to exceed $5,000. This issue by the city of fiat money was not altogether successful. The limit of issue was disregarded, and, although the right to issue was taken away entirely in 1842,9 the last of the outstanding bills were not redeemed till 1871.1° 1 Mich. T. L., 2 v. 570-571. 3 Mich. Laws, 1844, p. 101. 5 Ibid., 1837, p. 199. Ibid., 1841, pp. 192–201. Mich. Laws, 1842, p. 28. 2 Ibid., 3 v. 1422. ♦ Ibid., 1849, pp. 32–36. 6 Ibid., 1839, pp. 31-35. 8 Mich. T. L., 2 v. 570. 10 Farmer's History of Detroit and Mich., pp. 152-155. |