Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1816-09-24

the convention snail set up. Thus senara.
lion may be triumphant with the delegates.
though unsuccessful with their constituents:
and thus are the rights and lbe,ies of the
people ever In danger of being betray ed by
their servants becoming :her masters.
But VIII The people Of TINS district endure
a thing OF that kind? Shall fair expression
oil the public voice be ismpered with and
defeated in such manner! Would such a
irand upon the conditions OF the act, suthsr-
izioS the separation in certain case, be
tolerated 1t 1t would, then farewell to the
boosted independence OF Maine. 1t would
be all moonshine and vspour Whether il
can,let any man oil common sense and com.
moi honesty answer. And in the FIRST place
We may IN conscience be permitted TO doubt,
whether majority in that body cen be
ionnd' SO lost to the obligations imposed up
on them by their elevated situation, a. to
endeavour 20 counterfeit the public will, aud
oppose a fictitious one to it, or substitute
their own iaste al OF it. 1, can be no disre.
spect to say, Their. will not be found in that
convention majority OF men ripe to do so
ridiculous thing as TO frame and propose
constitution to the people without having
sufficient authority for the purpose. As
we'll may any number OF them, or any
number OF other people whs.ever undertske
such deed. just as well may they sdopt
1--we constitutions or even tws4iy in lbet
case, and all would be equally valid end OBJ
iisatory No--the act OF the legisia,ure IS
their chartei, and they cannot transsress
| IN Ep,Jts NNftba,,t e. G.
their favour they cannon proceed Ascp
ohonld they pretend 10 exercise power
ioI any purpose without regard to that te-
cushion, such on exeicise ct power would
DC "a absolute act Of usurpatioe 4 dele
gated authority is necessarily Eml5ed. Il
Is restricted by its commission 10 the dis
charge oil the duty for which it was crest ed;
and 1t is one principle, that it's moi TO DC
extended by construction, and another ,hsi
any act, by which the authority is exceed
ed, is absolu ely void The power Of the
present delegation is not undo fined, and i,
can Claim 40 general authority. /, is con-
hned, Ike the SEA, within certain bounds
beyond which i, csnno, pass lis FIST bu-
siness alter organizing the convention is to
| receive end count the votes, and ii upon a
J fair examina ion five ninths are found to be
in favour OF separation, they are then to
proceed to fo,m constitution. This ratio
TO be established from the returns is an in
dispensable condition 10 the validity Of their
subsequent, proceedings. lfthst is dehcien,
ihey have nothing to do bu, 10 dissolve the
convention and return home. That ratio
IS their sine-qaa-non. Suppose that not
more than four Dinths or even less were in
favour OF separation, and the convention
should still pretend to proceed TO form u
constitution, can il be conceived that II
would be considered anything more than
mere imposition 10 .hew that the
proceedings even Of such an august con-
seniion may be Peifec, multi y, i, is onl.
necessary 10 suppose, that they should IN.
dertake 10 perioIm their business at Bath OF
Wiscasset, when the act, by which they arc
created, csnfin,s them to Brunswiek and
| Topsham. ANY departure from the prin.
eiples established by this act, whether by
removing the convention to any Other place
or adopting any other ratio, would be vio.
lstion OF their charter Any attempt OF
that kind would BE- an assumption OF power
wi:hou, right and. sgsins, law, which pro-
badly would not be hazard-d aud cert ,inly
would not be endured. 10 Bring the case
sill more home, suppose thai the provision,
| stood, as it did before il was altered at the
instance OF those who urged The separation,
that the usstion should be determined by
! the convention and ina, Ave ninths of the
delegates should be in its favour, would it
have been possible for them 10 have avoid.
ed this barrier Or when they were afraid
| 10 trust it to the convention and insisted on
going to the people, having failed before the
tribunal OF their own selection, shall they
still have the RICH, 10 resort TO the forum
which they before rejected! Or was there
deeper design in the thing, and were they
doubtful OF gaining Ave ninlhs OF the dele
gates, but sure OF securing majority for
any emergency! In that last, wois, hope
also they will be disappointed. In that con.
ven,ion there are upright, respectable men,
who though in favour OF an honorable
separation, will have no concern in any lille
climate transaction, who will not dehle
their hands with any baseness, or comp,o
nit their fair characters and elevated atand.