New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-23

follows:
"Is Mode Of voting: All shah be taken State, and
s not be taken OF pubshed-ony the decision BY States.
On the 2lst of February, Mr.. Dent OF Mary land
moved the adoption Of the following rule
"When the any question Is taken By States any Con
missioner dissenting the vote Of his State may have bis
dissent entered the journal"
Mr.. Chase of Ohio offered the following as a subsi-
tute for Mr.. Dents rule:
The yeas and nays Of the Commissioners Of each State upon
any question: snail be entered upon the journal when de-
by any Commissioner and the vote OF each state shall pe
determined by the msjoy Of Commissioners present from each
State"
Mr. Chase's substitute was rejected, and Mr.. Dents
rule adopted.
The usage Of the Convention may be understood by
n single example. The Maine delegation consisted OF
her two Senators and six Members of the House OF
Representatives. One member only attended for the
greater part of the Convention and cast the vote OF the
State. Indeed was a frequent practice for members
TO absent themselves and leave their associates 10 act
for them.
The State of New-York had moreover decided for
herself in what manner her Commissioners should
speak for her. by declaring in the Joint Resolution OF
the Senate and Assembly that they should cast their
"vctes to be determined by majority of their men,
bers not the majority Of those who should happen to
be present at particular instant the floor Of the
Convention, but majority of the whole number. Sup
pose upon question being put the delegation had met
for consultation and by formal resolution determined
that the vote of the State be No. then nsructng their
Chairman to cast the vote accordingly bad separated
and all but the Chairman retired from the hall, could
he tbereupon have changed heyote to Aye because he
disagreed with the majority and alone remained on the
foor or could the Convention have refused this vote
of the State And if not, how is that question differ
ent from the one herel
1t was therefore, must think with good reason, as
sumed by me when left the ball. that if the question
should be put in my Absence which by the way con-
sidered uncertain, as the debate then going on might
ast for hours and hoped still to find some means OF
deierring my argument to the next day might GER
inly depend on the vote of NewYork being declared
again as il had been declared before, doubling
for moment the ability and the will of my associates
TO defend against all opposition the rights of the State,
their own rights and mine.
On my arrival at the Court did not succeed in my
desire TO defer my Argument TO the next day, but had
done 70, it would have made no difference, as the
vote in the Convention must have been called before
reached the Capitol
What occurred in my absence can only know from
report Five different statements given, one by
Mr. King in published letter, another by the Secre-
tary OF tie Delegation in the minutes kept by him. the
third by the Chairman of the Massachusetts Delegation
who bad the best opportunity of observing what was
passing tie fourth by the Secretary correspondence
with me, and the fifth in the published journal OF the
Convention.
Mr. Kings statement Of what occurred IN my ao-
s.nce is as follows:
"Tho the amendment followed and before New
fok asked my colleagues that vote should be given
divided Nevertheless stated the case 10 tho Converton and
cs.the before Thsws nbectsdtS
by Of the COMMISSIONER Of the minority and prm.'on
having been refused by the Convention by orcon OF my cot
ssS.i when the State called answered hat the vote
TIE other statements are subjoined and numbered l.
., 3, a. and j.
From comparison of these statements it appears,
First. That the direction given to Mr. King when
the whole delegation were together, regularly
vened, in contemplation Of my absence, wac TO de.
clare that New-York voted No."
Second That instead Of combining himself TO that
duty he began inn ediatey upon my departure and be-
fore the vote demanded to ask anew, whit vote
should be given 7" and when the vote wa. demanded,
instead Of voting No, stated the 20 tie COnven-
ton and asked permission cast the vote IS before"
Thlrd. That Mr.. Kings colleagues though they had
JUS, resolved in expectation of my absence, that he
should " declare that New-York voted No. yet, be-
fore NewYork was Called and of course before any
mtimation from the Convention or 10 President il
answer to his question What vote shall be givenf
replied that in Mr.. Fields abeence the vote was
divided, and directed him 20 TO declare.
Fourth: That the Convention never decided that
no person could vote who was not present" Whatever
was done done between the delegation and Mr.
Tyler. No order was taken by the Convention, but,
on the contrary the objection the part of the minor
ity of the delegation that the Convention had
control or authority in the NATTER
What caused this departure from the course of pro-
ceedngs prescribed by the resolution does not clearly
appear The delegation did rescind the resolution;
the Convention did not reverse it. do not understand
that my associates considered it auity-certainy
they could not have considered it when it was
passed have not Sufficient evidence that they |
changed their minds within ten minutes or that they
have changed them yet That the resolution was not
nulty but authoritative act, binding upon every
member Of the delegation, until duly reconsidered,
believed then, and believe still.
submit, therefore, that my reason for attending
Court at its opening not only sufficient but upera
tive, and if had not yielded to it, should have i'll
Cured the reproach Of my clients and the If
ali rgh;-thnking men, that before left the Conven-
ton, did not only all that could have been done, hui
all that necessary TO make the vote Of New-York
certain against the proposed amendments OF the Con-
stituon and that the omission to record the vote of
New-York as il ordered owing not 10 any ACT
of omission OF mine but TO the efforts of the minority Of
the delegation, Of them, to prevent expes
sion OF the opinion Of the majority and TO the failure
of my associates Of the majority 70 execute in my
absence what had been resolved when | was present
1t ia certainly with regret that write this note. Ny
preference was for statement in which all could
inin hut nv aasociaiea refnaed ener into