Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1816-12-07

they, thereupoa, proceeded to pass divers res
buttons, among others, appointing CON-
mttee to fern constitution, and another to
apply to Congress for admission into the union
The powers OF these committees are suspend
Ell only, fntil the result OF an application to
this Legislature, to confirm their doings, shall
be known; and in order to ascertain this, the
Convention stands adjourned to the third
Tuesday Of December next. .~.-|
Upon this statement, the committee have no
hesitation in expressing their full conviction.
that the convention have misconstrued the
act by which their powers were defined
Plat the word &c majority" refers to the ma
iority Of votes returned, and not to the aSgre.
gate Of local and municipal majorities That
this is self evident position, resulting from a
perusal Of the act, and not susceptible Of Illus
traton or contravention by any argument.
That, OF consequence. the contingency, pro-
vided by the act as prerequisite TO the tor
nation Of Constitution, and as a condition
of the consent Of this Legislature, to the scpa-
ration of Maine, has not occurred, and that
the POWERS Of said con, ention are at an end. 7
Ii is not less evident to the minds Of your
committee, that this Legislature is not compe-
tent 10 enlarge, vary, o. revive the powers OF
the delegates to that convention These
[ powers, though defined and prescribed by the
Legislature, were vested tn each Delegate, by
his own immediate constituents. lie was
chosen to execute a spccia, power, and in a
certain event. To vary his authority, or pro-
vide for his acting upon another and different
contingency, would be TO render him the rep
resentstive Of this Legislature, and not Of the
people. Such an act would be repugnant to
the elementary principles Of government by
representation, and merely void.
Having disposed OF this inquiry, your
Committee have in the next place directed
their attention to the several Memorials pre-
sented by the Deputies from the Brunswick
Convention, and by number Of Senators and
Representatives OF the District Of Maine.
The object Of these Memorials is. either to
obtain the consent Of this Legislature to a
Separation, upon the present majority, or to
such further provisions as may be expedicnt
for oonsummating that event. With respect
to the first Of these objects, Separation on
the present majority, Il Is respectfully sug-
gested that while the result OF the votes re-
turned TO the Convention, affords presump-
tive evidence OF a disposition in majority
| Of those voters favorable to a Separation,
without reference 10 the prescribed ratio !;
yet tins inference is by no means conclusive.
Those who voted in the affirmative ON the
question as stated in the town meetings, act.
Ell uLder an impression that unless those on
the same side should amount to 6yc ninths of
the whole number, their votes would be inef-
iectuai for the object Of Separation. II is
| Impossible to determine 10 " hat extent or in
what number these voters may have been in.
huenced by their reliance Oh this ratio as an
indispensable preliminary TO further meas
ures. Probably in the estimation Of the grea-
ter number-possiby OF all, 1t was subor.
dinate and Insignificant consideration. But
u may hare been octerCise. Ii would then be
measure pregnant with hazasd to adopt as
| proof OF the public opinion in Maine, in this
important concern, standard liable to error,
whea certainty is attainabie. There could
be no reparalon for the consequence of mis-
take no relief from the misfortune
cord once broken could not lie re united and
the people Of Maine nigh: thus be transferred
to new Government, under misapprehen-
sion oil their will and against their consent.
There remained, therefore, to be consid-
cred by your Committee, the expediency
merely OF adopting some new measures to ia
cilitate the expression Of the sense Of the peo-
pie ot Maine upon the great question.
In arriving at a result upon this point sat
isfactoTy to themselves, the Committee have
excluded all considerations affecting the prop
ltiety or necessity Of the Separation, viewed
as an abstract or original proposition. They
aPPrehend this question to-be at rest with the
present General Court.--After conserving to
re!inquish the jurisdiction over Maine, upon
terms satisfactory to Massachusetts Proper,
her Senator'S and Representatives can feel
I on her account, no interest in the degree OF I'M
animity with which il may be effected, and
no desire to procrastinaie the event from sell
tish considerations.
The Committee, therefore, have anxiously
and deliberately endeavored to discern the
course which il is incumbent on this Tegisla-
ture to pursue. through respect to their own
dignity and consistency, and to the claims Of
justice and equity from the respective par.
ties in the District Of Maine. coming before
them as tribunal which has once decided
their cause. . s,., ,s, .-
II is then suhu,;ftcJ &c 4. C-,- fit: