Portland gazette and Maine advertiser., 1816-11-05

TENDED TO and the delegates met, with the i'm
mortal Washington at their bead-But on ex.
aiming the subject found that the objects
proposed could not be obtained, effectuaIlv.
by any amendment they could propose 10 The
old system. They then made draught Of
constitution, which, if adopted they supposed
would be adequate TO the wishes Of the coun
try. This they submitted TO Congress and
then dissolved. Congress recommended Il To-
the states for adoption When nine states at
least should have adopted it it was to 60 into
operation ouer those adopting IT,
| Here, then, is the Hon. judges precedent
| for the usurpaions Of the Brunswick Conyen-
ton. In the one case The Delegates find the
scheme contemplated impractible and there.
fore, recommend another mode Of coming at
the object proposed. In the other the Dele.
Gates meet--find the only condition upon
which they might proceed TO fail them--they
then determine that they will, nevertheless,
proceed. They resolve, in effect, that Maine
shall become an independent state and that,
ifthis determination shall be disputed, an APP
peal shall be made to Congress.
This learned Judge further tells US " He feels
bound to support his Constituents as much as
a lawyer does his client' This is the lam
guage Of a Judge Of one Of our courts!! Be-
coming member of deliberative body he
IS at once transformed into an advocates
much SO as lawyer feed and sworn to be
true to bis client, Lawyer has no decision
TO make. That is the province Of the court
and Jury. His powers are to be exerted to
their utmost on one side knowing that his
adversary will do the same on the other.
Thus 3 delegate, knowing he ultimate wishes
Of his constituents, is TO regard nothing else.
He is not to deliberate or Judge for himself.
The means to accomplish the object are not
to be regarded. The end is to sanc;ily tie
means sg4ts
But for aas dictHm of this learned Judge We
| should have thought we had sent him to the
Convention to deliberate and decide, with the
wisdom and rectitude Of judge, upon the va
rious questions brought forward in that august
body. The reasons that should govern him
we should have expected he would have ex.
planned and enforced But never that he
would turn mere advocate.
Massachusetts," he tells us, g cares moth
ing about how we construe the law so that we
take nothing from her /; but comply with the
pecuniary part of the conditions" Massa-
chusetts then cares for nothing but her Pc
eunary interest. Hsw apt we are to look in
TO our own breasts for the motives to be as.
cribed to others We are at liberty, then, to
do-as We please. s'Consience has nothing
TO do in this case more than it would in the
case OF carpenters making square or oval
door We are to accomplish the object me-
Chemically IN Me shortest eta possible.
Massachusetts rs, moreover, the obligor.
Her contracts, in doubtful point, are to be
construed most strongly against her. That's.
we are to coDstrle them as suits our purpose.
She IS to have no voice in it-There is to be
no judge betweenus. We determine certain
part OF the act TO be doubtful construe il
as we would have it. majority Olive to
four OF all the votes returned" we will say NAV
mean majority Of FIVE to four OF all the ma
Jofliles in The different towns and plantations
OF all the votes returned-therefore we viii
contTlse 1t so. Thus making doubt out Of
the s0hole cloth, where not particle Of enc ey.
er existed before and then turning it to our
account. Tbs is what the learned Judge, we
presume, would call being true to his clients.
We believe his clients will not feel themselves
under much obligation to him for such 6deli-
ty.
This learned Judge could understand ,be j
majority Of five TO four also, By uay ofbeiag
uue TO has clients. we suppose, to mean moth
ing more nor les than bare majority. ltn
a fne thing 10 have learning. We ignorant
people really thought 6 a majority Of Eve 10
four of all the votes returned meant some.
thing more than bare majority.
He concludes with saying :" He and NJ.
Hall were the only representation from Port
land" OF Mr.. Hall we say nothing We
blieveh ne did not acquiesce in this exclusion
OF his other colleagues. What singular de-
gree ofmodesty characteristics this Hon. Judge.
Messr. Cobb, Whitman, Emery and Adams,
were no part Of the representation Of Portland
in comparison with this modest Judge. Re-
ally We confess we should have thought other
wise.
Were these gentlemen without power or in.
tluence ? No. They opposed that beadifa
Repols-I'hat. famous production Of that tom-
Ons great man--Mr John Holmes of.Allred,
Mr.. Whitman and Dir. Emery, were its most
strenuous spposers, says the Judge. They
therefore were no part OF the representation Of
Portland s