Portland gazette and Maine advertiser., 1816-10-15

see who were for and who against the separation
that though this was oeJectre TO- u was car
ried nto effect. Thus in town where the MAJOR
ty decided against the separation, were Its al
vocates designated and pointed out, Delore lhey
! were allowed 10 carry their written votes. mus
were portion of the citizens deprived OF the PRIV
| ege ofexpressing their opinions without inspection
| and subjected to the influence of powerful men,
and the censure or Misrepresentation OF a vindictive
mo ority-Y our Committee have therefore rejected
| the return from the town OF Lyman
BY recurring to the second and third sections OF
the act Conecrnng the separation OF the district oil
| haine from Massachusetts proper and forming slle
| same into an independent STATE we md that tue
| Convention is authorised to form Constitution,
provided :" anaorily Eve to four at least OF the
votes returned" are ia favour OF the measure. The
| meaning of the word majority is doubttul-Ihis
| word is sometimes understood to mean the excess
of one number over another, and sometimes the ex-
| cess of half the whole number. Exclude the words
majority o." in the second and third sections OF
the act, and no doubt remains but five yeas to four
nays five u;nths OF the votes returned, would be
required. But your Committee do not feel author
| lied to say that these words have no meaning.
In the report of the Committe prehxed TO the
act ii appears to have been the intention, that the
expeaieDcy Of separation should have been decided,
by g an assembly OF men, charged with the most
| solemn duties, - meaning no doubt Convention OF
| Delegates chosen by towns.
Her. the Delegates would have been in proper
ton to the numbes OF msjorities in each corpora
ton and not in proportion to the aggregate najori-
ty Of all the votes returned.
1t is understood that the bill as first reported to
| the Legislature, authorized the Delegates TO de-
eide on the expediency. Itwas however so far a
mended as that on the day Of the choice OF dele
gates, the inhabitants of the towns, districts and
plantations qualified to vote for Senators, were to
a.
ed in the act, aud majority Of five TO four was re-
quired-As the Delegates must be apportioned ac-
cording to the respective majories OF their towns,
SO on the question of Separation, the majority of
yeas in the towns and plantations in favor must be.
TO the majority of nays in those opposed as five TO
four, of the votes returned. The corporate major
tiles of yeas must be placed in ,one column and
those of nays in the other and each added-Ihen,
| as FIVE is to four so is the aggregate majority Of
yeas in the towns aud plantations in favor, to the
aggregate majority of nays in those opposed.-ln
this way only your committee give meaning
To the word majority as contained in the second and
| third section OF the act.
The whole number of votes returned including those
subject to the exceptions mentioned, is 22,Sl6
| he yeas are II 969
The naysare 10,3i7
The whole aggregate majority of
favor.is 6,o3i
The whole aggregate majority of
nays in the towns and plantations
oppoFed Is Avs
Then as five Is to four so is 6,0Sl TO l. sej the
nays reqaeed Butthe majority oinayis Aio9only
HeGce IL appears that upon th,s construction OF the
act there Is a majority of five 10 bur al least OF
the votes returned in favor OF the said Districts be
coming an independent State.
Your COMMITTEE are aware that II has been the
popular construction that hge-niDths OF the votes
returned are necessary. But they apprehena tina;
~ 49, r--~siiei rather front tie nA.
Of an expression not contained in the act than from
a necessary import of the words themselves. Where
shis act is doubtful, it should receive such nerpre-
| iat,0p as shall best comport With the public wii
| That will has often, been decidedly and une-
iuvocay expresse.l. On the twentieth of May
Fast the single question Of expediepcy was decided
| ~ the affirmative by very large majority. On
the second of Sc, ,tember with the terms aud con-
iiiions before them, and the groundess alarms of
expence TO the people and erubarrassments to the
coasters the citizens OF Maine by the majority here
| reported, have decided the puesiion again. And
they are here represented by majority OF delegates
IN favour Of the measure. Ii is expedieut therefore
that this convention should give such a construc-
| ton to the Act shall best efectuate the hopes
and CRAFTY the expectations OF the people of Nlaine.
| Bnt your Committee forbear to recommend thai
| this Convention act without deiiberation aud nd
vice. The Legislature of Massachusetts Will soon
be IN session. No Inconvenience would arise 10
consulting their wishes asking their opinions
should they as they undoubtedly will, confirm this
construction, or otherwise explain modify the
law so as to give effect to the voice OF this majority
OF the people, much dispute would be prevented
and great satisfaction afforded to the opposers of
| the separation.
But if contrary to all reasonable expectation the
opinion and decision OF Massachusetts should BIZ
uniavourabe, we could at adjourned session
1 of the Convention determine for our selves and
carry the Act into full effect, agrecably to our own
understanding gifts provisions.
But in the report of the Committee, preixed TO
the Act we find it conceded, that " expectations
have been authorized. that the legislature of Mas
sachusetts, would consent to the proposed separa-
ton, when the deliberate wishes of a majority of
the people should be developed in favor of the
| measure" And we have no doubt that, with the
presen, commanding majority, Massachusetts will
give such fair and rational Interpretation 10 the
\ law, as shall carry into effect the deliberate
wishes" Of the people of Maine" e~,asi.
Confident that separation must he declared
your committee would recommend, that, as soor as
! may be, Constitution Of Government should be
prepared, to be presented TO the people of Maine
| But as much time and abour would be required.
before SO important a document could be matured.