Jenks' Portland Gazette

For the Portland Gazette.

MR. JENKS,

As precepts are issued for another trial for the choice of Register of Deeds in Cumberland, I beg leave to suggest to my fellow citizens a few observations upon the subject.

I have been surprised, though a silent spectator of the proceedings at the late trial. The importance of the office to landholders and the magnitude of the object to have a man duly qualified and informed of its duties, it should seem, would be very obvious;—yet a candid view of the circumstances attending the late trial, fully shows, that the people at large do not justly appreciate its important consequences to the public.

To the County Register is confided the evidence of all our real property. In recording deeds, many instances occur of erasures, interlineations, misspellings, &c. &c. which to understand rightly, and record with accuracy, require something more than a common education; and, certainly, render necessary the exercise of a clear understanding, a mature judgment, and habits of correctness and accuracy in business. A degree of legal information more than is usually found except in professional men, is very often necessary, and must, evidently, be very useful to a Register.

'Tis a vulgar error that any man who can copy is competent to discharge the duties of this office. This I know both from my own experience and the experience of others. I have seen deeds produced in Courts, which have puzzled our best lawyers to read, and understand, by reason of the irregularities before mentioned. Should it then be said that a mere copyist is fully able to discharge the duties of County Register? His opinion may declare this; but common sense, and uniform experience proclaim a decisive negative. The secrets of the unfortunate, who are sometimes compelled to mortgage their property to secure creditors; and which to save their feelings as well as credit, they wish to conceal, as much as is consistent with a Register's legal duty, are confided to his keeping. Prudence and discretion are therefore requisite in a Register; at least, he should be a man above the temptations of idle vanity; and superior to the gossiping habit of telling all he knows.

The constant practice of this county, ever since its incorporation, has made it necessary that the Register should be competent to the ordinary business of conveyancing; for it is well known, that three fourths of us rely on him to draw our deeds, leases, mortgages, releases, &c. &c.—If therefore, this office should be filled by a man unqualified in this respect, the mischiefs with which the county would be threatened, are beyond calculation. Many honest yeomen may be stripped of the hard earnings of industry, and left without a remedy, or else driven to the tedious process of a suit for redress.

Impressed with the importance of these observations, I have witnessed, with astonishment, the exertions made, and still making, in favor of some of the candidates, who are, I doubt not, very honest and good citizens; but certainly unqualified for the office of Register of Deeds. I will not be particular in these remarks—My fellow citizens, if they duly consider the immediate and incidental duties of the office, and the qualifications indispensably required for the proper discharge of those duties, will need no information upon the subject.

I have pretty correct intelligence, that Mr. Frothingham, Mr. S. White, Mr. T. B. Wait, Mr. Cutter, Mr. Patten, Mr. Vaughan, Mr. Moody, and Mr. Sandford have relinquished their pretensions. Among the candidates which remain, Mr. Elias Merrill seems the most likely to succeed, as he has the greatest number of votes; unless some one who is really better qualified (without impugning the merits or qualifications of Mr. Merrill,) can be held up to the public eye. No objection can be made against the private character of Mr. Merrill; it stands unimpeached and it is, I believe, unimpeachable; but let me ask, is Mr. Merrill acquainted with the duties of this office? is he a ready writer? an accurate decypherer of bad writings bad spelling interlineations, erasures and all the inaccuracies which sometimes fill a deed? Is he acquainted with drawing deeds of various descriptions not acquainted with the legal effect and meaning of the common language of conveyances? I shall not hesitate to say he is not—even if Mr. M. himself had not averred that he did not consider himself competent to discharge the duties of this office without an assistant, and that he had thought of Mr. Timothy Gavin, as a suitable person to render that assistance.

But the public ought not to be subjected to the hazards of mistakes of any kind; and no man ought to be elected to the office because he can procure the help of Mr. Gavin—if he is the fit man, the public and not Mr. Merrill, should make a choice of him—I would not be understood to mean any thing to the prejudice of these gentlemen; I speak only as the nominator of a person to an office in the gift of the people.

Tis necessary for the public to consider also, the qualification which the law has made indispensable; to wit; that the Register shall have "a freehold estate in the same county, of the annual income of ten pounds at least."—If therefore, any gentleman should have a majority of votes, and not have such a real estate as the law requires, he cannot be elected; and all such votes must be thrown away.

—This very wise provision of the law is founded in sound policy, and in good reason; for as a general principle it is true, that those men who have property of their own to protect and guard, are the most suitable to protect and guard the property of others,

An expedient however has been devised to cheat the law in this respect, by means of a friendly conveyance and a mortgage of the property to secure the real owner. But besides the opinion of lawyers, that the man who has mortgaged his property is not in law the holder of it; this is not satisfying the law, but merely an attempt to evade it; which never can have the sanction of the Court :— indeed, individuals of the court have declared such an opinion—and it must be the opinion of every good citizen, and every friend of law and order.

The importance of this subject has led to an enquiry, who is best qualified for the office? A full examination of the individual qualifications of the several candidates; and a due consideration of the foregoing principles, have resulted in the nomination of

Ebenezer Mayo, Esq. of Portland.

The education, industry, and correct principles of Mr. Mayo; his strict integrity, and great accuracy in business; and his competency to discharge the duties of any office in the gift of the county, are well known. Observations upon this subject are not necessary. 'Tis also well known, that he has been a Notary Public and magistrate of the county for some years past, and his official duties have been discharged with such fidelity, correctness and accuracy, as fully to warrant the opinion that perhaps no man except a lawyer is better instructed in the important duties of a conveyancer; which the Register always has, and always will be obliged to perform for a very large portion of the people. —Mr. Mayo is also a Justice of the Peace, and the public would be greatly benefited and accommodated in the acknowledgment of Deeds at the office, should the election be in his favor—Altho' Mr. Mayo withdrew his name from the list of candidates at the late trial, I am authorized now to state that he would accept the office if chosen.

This is the result of deliberation and reflection. It is not merely a single opinion, but the opinion of many that Mr. Mayo's election will be very handsomely supported.