Portland gazette and Maine advertiser., 1816-11-26

In the calculation, and, the senatorial principle
being the criterion TO unte the maorities ofOxiord
| and somerset and combine those oi Lincoln, Han
cock, Penobscot and W ashington, in the computa.
lion, az they copuecfed in choice OF Senators
II this method Of calculation is correct IN this in.
stance il is equally applicable TO all other town
meetings held for The election Of go, ernor choice
of senator's, members ot congress &c; aud II fol-
lows, that all our pubiic proceedings OF this kind
have been conducted upon erroneous principles ey-
! er since the establishment OF the government.
| But the great objection to tins, or any other
mode of calcula ion requiring proportion, except
that OF adding all the ia two columns and CONF
paring their amounts is that it proceeds upon the
| exclusion aud rejection oil the whole number OF
| votes in the several corporations far DIS they
| are equal on different sides, and thus neutrazing
the whole amount establishes the result on ratio
! arising from the surplus. By this means every
two persons OF opposite sentiments are made to
pair oDf--eyery who differs ia opinion from his
neighbour loses has vote and has in fact voice
ia the question the votes OF town equally de
vided are not eoanfsi at all ia the caculaiion--and
in effect the great mass OF population aud many
Whole corporations are virtually DlSFRAN-
CHISED. Thus the sutlrages ofthe great body oil
the people are in fact aRnihaated. The greater
part of those,who vote upon the question have real
y more voice in the matter, than those that do
not at all; aud no vote in fact has any weight
whichever, unless il be odd number. How does
this agree with the principles OF republican govern
men, as indicated by the constitution, and secur-
ed to US by the bill OF rights OF this Common eaith
aud guaranteed by the Federal Constitution IL il
not violation OF the princpe Of equal rights aud
a sdbver.ion Of the popular sovereignty ?-ihe RAJ
ito should have been applied TO oil the returns of
votes without any exception, that every mans
vote should have been taxa inf9 the result, and
every vote feld rs
One further principle OF tue report remains to be
considered. 1t Is there said, that where the act is
doubtful it should receive sueh interpretation as
will best comport with the pubic will and THIS
principle is employed the polar star guide the
convention in clearing the ambiguity of the word
| majority. This is begging the question indeed /;
and involves most curious idea. 1 he puoilc
viii, )" winch the committee would introduce
principle OF construction, istne very thing, that
| was to be ascertsined by Inc trial. The public
will was to be considered ~ favour If th. measure
provided the public sentiment should DC EXPIRE ss
ed upon certain proportion, ~ be applied 20 he
| returns. 10 ascertain The amount anu extent OF
this expressioD,tne very pn1eipie Is be en-
ployed, which was be produced from the experi-
! ment. The result IS TO be Tested by the hypoihe-
sis. The rule Is 10 grow out Of the case. The
| thing is to be ascertained by tse..--ihss indeed
| . most luminous AID lex ,lnaie principle.
This argument probably proceeds upon the la
vourite idea adopted lately tha. the majority rs 10
rule in all ,sad that Is certaiaiy lie tg4lL
provided the people agree TO IL. Bat ii the pubic
viii is nothing else than MEas IS presumed 10 es-
that IS the will OF the pube--t does ne, entirely
follow, that the will OF the maeats Is ~ al eases
| the public will. TWAS not 80 considered in s<yops.
ing the constutisn-nor is it SO pros i3cs with res
pect to its amendments--and how w said ns,9lily
look undertaking TO amend tina. instrument. ? Tn
less some suitable provision should be made on lhe
subject IN QUE new Constitution, ii ever have
one, we shall be in depiorabie condition. On all
subjects OF great and pcruianent Importance, il is
proper that The opinion Of the people slold be as
unanimous possible The very fiction, upon
which the priscirie 81 the majority il founded is
that il is agreed expression Of the unanimous O.
p'n,on OF the people. The minority have also their
rights; and every method ia which the public will
is to be-expressed, is an e1pedient established by
compromise and agreement between oil the parties
to the social compact. In the present case. IT was
considered as being settled By The legislature, By
The mutual consent Of all parties in Maine. As
such il was accepted and acted upon aad now To
apply u modification of the principle 70 the inter
probation aud calculation oil the principle ITSELF is
species OF sophstry much al ys,alce with truth
Is II is With Justice Perhaps little natural curosi
~ may be INDUCED 10 inquire hon lar this kind of
reasoning would have been acqu.eseed in, on sim.
liar result, provided the had been that sepala-
toh S'ouio sohe piaec, uhiess sucu iuaJoffty was
against il.
At may be proper furthermore to inquire in what
capacity tie convention acted in giving the con-
stsuction 10 the law recommended by the COMMITTEES
whether legislative, judicial or ministerial Ii the
former, then their decision is of course concius.ye
provided The power Was inclg.ded in the Charter
II in the second, they had only TO exercise sound
Judgment aud an honest discretion; an. unless they
have clearly exceeded their jurisdiction, II is also
maj IL IN the latter only, then their proceedings
are subject To be revised and recoIsidercd by the
proper and competent au,hority.-in no sense can
the capacity OF this congregation be considered leg
islatise. lacy were assembled there TO make !
constitution in certain case, but by no means TO
make the law, by which they were assembled. In
certain view OF the subject the character of that
assembly was judicial. They were Judges OF their
own elections they were judges OF The returns, so
tar as to correct the consequences OF fraud Cypress
ION or corruption and they were to form. an hon.
est Judgment OF the provisions of the act by which
their powers were created. In this character ,hey
might have acquitted themselves with credit anu |
honor, aud acquired as nlnch respect by Just and
faithful discharge Of their duty as they have for
ieted by the abuse OF their authority. Whatever
their authority was ,t would have nc er been cali
ed III question, had it been employed With fidelity
and exercised with integrity. AZ il is, with no
other title ~ consideration except what IL d.r,v.s