Jenks' Portland gazette. [volume] (Portland, Me.) 1803-1805, 1804-01-14

VaNuity, or lelS DlhdinS upon the COM
munity at large, than the public sciH ex-
preaed by apopular majority l'he fra-
mers Of your contribution, the people who
adopted it, meant, that the public will,
in the choice OF a preGdent ihouid be eS-
preRed by electors, if they could agree,
and if not, that the publie qoiK IhouIl be
|exprehed, by majority Of the itates, at
ing in their fedefative capacity, and that
in both cafes the expreflion Of the paJHcs
aoiN ihould be equally binding.
Is it pretended that the fa5fe 70W can
never, properly or conltitntionaliy be cx-
preaed, but by majority OF nalsnbers Of
the people or of the houle Of r-preseai.,-
tlves This may be a plea.ing dot.rinc +
enough to great itates; but tits cer'ainiv
incorrect. Our coniituticn has gwen the
expretlion of the public will in a variesysos
iniiances other than that of The choice ia:
preident, into very different bands from,
either the houfe Of rrprefentativcs or the
people at large. The prelident and fen
ate, and in many cafes the rreiident alone,
can exprels the pubic roiA, In appoint
ments ofhigh trr!t and reiPonhbiEty, am.
it cannot be forgotten, that tic r.:ciideHt
lometimes expreles the PUBLIC Will, by
removals. Treaties, highly importing
exprefions of the public will, are made
by the PRECEDENT and leaate; and they are
the fupreme law of the land. Ii the few
eral itatcs many great Offices are filed,
and even the chief masiilracy, by various
modes of eledion.-Th The public viii Is
fometines expreGed by plrral:sics, inttsad
of majorities, fometines BY both branch
es of the legislatures, and fonetines BY
one, and in certain contingencies, cleo
tons are fettlcd by LOT. The.people haze
adopted contributions containing iuch re-
gulations, and experience has proved that
they are well calculated to preferve thsir
liberties and promote their happinefs.--
From what good or even psrdonable mo
tive then, can it be urged, that the prc(snt
mode of eieding our ptefden1 has a ten
dency TO counterfeit the public will? l11s
gentlemen intend to de1roy .sysry Eeflsz
feature of this contribution?
And is this re(oluiion prccurfor toR
Complete confolida.ion Of the union, AMI !
20 the efahliGinent Of a timP!c republic?
Or will it fuilice to break doYnl cYerytsisr
ative feature whichiccurestoon one portion Of
the union, to the fmall tfatcs, their srighsss'
4 am not withoit my fears, Mr.. Prefl-.
deEs:, that this IS but the beginning of
evils, and that this conltitution, the BIZ =
wark ofthe feeble members of the, conted-~
eracy, the protection Of the weak agair:E
the itrong the fccurity of the f.nall a.
gainit the great t.ae. laf, bcit hope or
man, with view to liability in Tree GO
vernnent; and 10 the preieryaticn OF lib
erty in republic is defined to unders'5
changes, and fufer innovations, I'LL there
ilall be no teGdus worth preferving. anl
nothing left, which ambition vii conde~
fcend to ovctturn.1 -.
Time will not permit ne 10 dwell any
longer on this part of tny argument. Eu-s
| am deceived Cir, ifthc view have now
taken of the contribution does not ihow
/ mott obvioufly; thar in IT'S formation there
was a itruggls between the great and fna'l
Gates. with refpca 70 many of is pr;nc;-
|. pies and leading sfcatures.,p AMI that thc
! participaiiohpof the fmall itates in the
Election Of i CHEF ragiRrase,a clearly e.
cured to them By. The contribution, viii
receive deadly blow by the adoption 81
| the propofsd amendment: as
1t can Be no contradiction 10 nv Ideas
upon the fsbIeef, if We have heard nothing
Of fate conaidS, in. the administration Of
| this government: The great ltates have
never sill nov, directly attempted 70 vio-
late the 1anttnary Of the FINAL, and defroiI
them, Of their rights had this been eulier
attempted, we dhould have heard and ireu
| die fame ealoulv aw akened, and the fame