The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01

mer relate, 10 his taking illegal fees and Tor
doing PROBATE business al bis Office and not az
any regular Probate Court. The latter for
acting as counsel in a case which was to
come. and actually did come before him.
as Judge. in which case he received Zee az
counsel. which was made charge in the guar
dianship account by interlineauou; the account
had been previously examined and allowed and
was afterwards with this irregular charge in il,
again passed and allowed by said Judge.
The result Of the trial was laid before the
Hose of Representatives, when they "resolv-
ed 10 demand judgement in The name Of the
whole people, against James Prescott, who
has been convicted OF misconduct and NAL ad-
minisiraton 10 Office, and that the m anagers
do make this demand at The bar of the |nate"
The President, in the afternoon, pfSaounced
the following
JUDGMENT.
This Court for the trial OF lmpeachmepts,
having found James Prescott guilty ofmiscon.-
duct and NAL administration in the Office Of
Judge of Probate of Wills and for granting
Letters of Administration within aud for the
County Of MiddIesex, charged upon him in
peach meni, as charged against him by the
House Of Representatives It's considered by
this Court, that the said James Prescott be
removed from the Office OF Judge as aforesaid
and he is removed accordingly.
The Court was then adjourned without day
Constitution 81 Massachusetts. is pretty,
well determined that the 1st, end, 9th and
10th amendments TO the Constitution, propos-
ed by the Convention are rejected by the
people. They embrace the most important
subjects that were discussed in Convention,
and seemed to have been those. on which most
excitement existed when the question Of call
ing Convention was agitated. The lst 1t
will be recollected, relates TO the third article
of the declaration of rights, and establishes
public worship: the End changes the period Of
elections and provides but one Session Of the
Legislature in year: the 9th IS a new APP
! portionmeni of the Senate and House, and re-
duces the number and changes the mode Of
electing counsellors the 10Th extends the
charter OF Harvard College, with their consent,
30 as 10 render ministers Of all persUasions ell
igible as members of the Board of Overseers.
By the refusal OF the people 10 accept these
amendments, the Constitution, as far as it res
poets them, W i'll continue as il now is and has
been for forty years. Some objections may
be taken under present circumstances TO the
organization OF the Senate. The Constitution
requires that il shall contain forty members,
chosen IN thirteen districts, and that no district
shall be allowed more than six, but the Com
monwealts is now divided into 10 districts,
which choose but 81 Senators it is therefore
evident that this requisition is not fulfilled
but as the people in their primary assemblies
have decided that they will not adapt the Con-
stituiion to existing circumstances, that decis-
ION legally obtained, being paramount to the
Constitution, must be considered as waving
all objections to the informality which is the
necessary consequence of the present emer-
gency.
The following is the aggregate of the votes up
on each article, as far as returns are receiv-