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


not only to whom they viii delegate power
but what power they will delegate that ac'
cordug to our civil compact, by which the
whole people covenants with each citizen.
and each citizen with the whole people, that
all shall be governed by certain laws for the
common good" the citizens, besides their nat
ursl rights, possess, as members of the BODY
polite, the rights secured by this covenant.
that as this compact between the Common.
wealth and its citizens is mutual, it cannot
as respects any portion of its citizens, be an
nulled without mutual consent, and without
power delegated from them, no man or BODY
OF men can establish a new government over
them, or abolish that which they have legi.i.
nately established for themselves Consid.
ering these principles as true and unquestion
able, we PROTEST against the report Of the
committee on the subject OF the returns o,
votes and the resolutions thereto subioined.
and against the vote OF this convention yeser
day, passed for accepting the same because
we consider the said report and resolves, as
in their general tenor aud spirit, inconsistent
with these principles, and with prorrety
and as instances we adduce the following -
BY the said report i, appears that apartfrom
the votes OF the town of Lyman, which were.
in our opinion, Improperly rejected, Of which
| majority of 173 were against separation.
there are returned IL, 500 votes in favour Of
separation, and l0, 347 against il !; the former
| being less than majority Of FIVE to four Of
the votes returned. Nothing therefore re-
mains to be done by the Convention. The
only duty, in this event, assigned TO them by
| the Legislature and their constituents, here
terminates. An adjournment of this coaven-
| ton to future day must throw upon our con-
stituents an expense, without possible advan-
tage, and without their consent. The exer-
else of further powers by this convention, we
are constrained to consider as UsuRPATIoy.
To" proceed to form constitutions" is, in
our view, at once violation OF express law,
and an invasion Of the rights OF our constitu-
ens.
We protest against separation Of Maine
from the present government, by any means
whatever, without the coz sent Of the people
No such consent has been given. Their last
vote was with a full understanding that ma
lority OF five to four was necessary 10 separa-
ton. This conclusion was by the competent
authority rightfully adopted, and became
law. Ii is conclusion distinct and obvious.
1t was distinct in the legislature, where it pas
sed against but small majority, who mag
unanimously submitted TO it, and constantly
support it. 1t was, as we understand, and
have never heard denied, sanctioned by the
vote of every member Of the legislature pre-
sent from Maine, who was in favor Of the sep
aration. II has been distinct in the mind Of
every voter and every citizen. How The
people would have decided on different
question had different question bean submit
ted TO them, we have neither the knowledge
nor the right to decree. The principles Of
amendment, variously inserted in the consti-
tutions Of the states and of the union, counte-
nance the opinion entertained by many, that
ive-ninths is smaller proportion OF votes
than ought TO dissolve the important relations
of ciyil society. In the present case, the pro-
portion of iye-ninhs was fixed by large ma
iority and binding on the whole. Should the
late vote in favor Of the separation Of Maine
be made the foundation ofits erection into
state, the government would be founded in
force, not nright. The vote was given on a
condition which has not happened.
We protest against reference Of this sub.
ject to The General Court for the purpose ex-
pressed in the resolution, because, for the reas-
ons already mentioned, i; is, in our estima-
ton, request TO that honorable body to en-
act that which cannot be reconciled with con-
stiiutional principles nor actual fact.-We
protest against the proposed application to
Congress, because it is unreasonable and pre-
sents not even a hopeful prospect of utility.
And we protest against addressing either
Congress or the General Court on behalf Of
our fellow-c citizens, because such address i'm
plies right to bind them by the result;
right which they have not given us.
We protest against the report on which the
resolutions are predicated, as indecorous, as
not expressed in terms suitable to the respect
which this Convention owes itself, nor to the
honor due TO the observation-disclosures, 10 our
apprehension, il intimates in terms too plain
TO be misunderstood, that, that august body
may fail to do what "justice requires ;'and,
though it purPorts TO request advice and dis
cretion, holds forth, in language Of superiori-
ty and menace, a sgn6cation, that, If the
General Court should not do what we consid-
er to be proper, we shall contemn and dsre-
rosl tkz.- L..