The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-23
REPORT OF NEW YORK PEACE ConnNNOSgRs
MR.. FIELD DEFINING HIS POSITION.

IAe Hsjerlty or the Committee ConspkiAy
Against Compromise and q Csnven-
ten t. Amend the Constitution,
es.s As., u.
Inc Few York Peace Commissioners, or at least .
ory Of them have at reported their dongs To the
legislature
The report is signed by Messrs. Field, Noyes, wsds-
WORTH smith, James and King, and u very long docu-
ment We have no room at present for more than the
note in which Mr. Field replies to Mr. King and o.hsrs
This note we publish entire.
The majority report Of the New York Peace Comms
sioners begins by stating that Vhen they arrived a
Warrington on the 9th Of February tho Convention hsA
already been organized had adopted rules Of order ana
appointed committee Of from each State TO prepare
report for the action Of the Convention that Mr. Field
was then appointed upon this committee from New York
that the committee sat till the 18th OF February when
they reported TO the Conyention-the members from
New York, Massachusetts, and several other States dis
enting that proposition for general convention T.
amend the constitution offered and voted down; tnaa
the following two propositions offered by Mr. Field
with the sanction Of the majority OF the
Ech State has the sole and exclusive right to order and
control its domestic Institutions according to It's udg
men and determine for itself what shall the relation
to each other Of all persons residing being within ia
limits" And the other ID the followng"rhe Union Of
the States under this constitution is ndissoluble
State seoede from the Union nulhfy Goa
grcss absolve its citizens from their paramount oblga
ton Of obedience 10 the constitution and laws OF the
United states but both rejected by the Convea.
ton. The committees report gone through with,
and various amendments made, and the first motion
finally brought to vote the 26th OF February when
rejected by eleven to eight New York voting no by
direction Of majority Of her Commissioners. recon
sderation moved and carried and the Convention
adjourned first to the evening and then to the next day
and the next day the first section again put tho
and carried by nine to eght-four States including
New York, not voting. Why the vote of New York
not given left by the Commissioners to be stated By
Mr. Field on his own responsibility, which he proceeds
to do the report The other sections Of the
report gone through with and carried By morties
varying from two to eleven; bus - voe taken
the article whole, the majority think it ought
have been. If that had been done the vote Of New
York would have been cast against the whole article.
1he report then proceeds with long argument, for the
purpose of showing that the majority OF the delegation
tons before the Convention Then follows the noe OF
Mr.. Field which re here subjoin:-
NOTE
The following statement shows why the vote Of New
York not given upon the first question taken 10 tho
Peace Cow non on tho 9th Of February The journal
represents the vote divided 1t not divided The
vote ordered be cast and should have been cast
in the negative These the facts
",
from the Clerk the Supreme Court Of the United States
that the Count waiting fer me in case which had
stood upon the docket stree December, 1852 and was
for the frs, time ,eached in its order. The case
Of great Importance for upon its result depended the
closing reopening of u litigation which had oon
Quoted for nineteen years, which had embraced in its
different forms than eighty SUITS and in the course
Of which the courts Of the state and OF the United States
had come into direct conflict All the tribunals OF the
State OF New York where the question had been rased
had dc cided against my clients The Supreme Court Of
the United states by majority of swo decided
In whether
this Court would adhere to its former decision The stake
Of my clients was, therefore, immense and was their
The case being called after my arrival in Court,
the Chief Justice observed that as it, was too
late TO begin that day the argument would proceed first
the next morning eleven o'clock unless the Attorney
General should claim precedence in another cause Then,
during the day hqstencd back and the question being
taken, cast tho vote OF the State against the pro
position before the Convention and 1t was rejected BY
eleven TO eight A reconsideration moved and car
ried and Adjournment taken 10 half past seven In the
evening Az that hour returned 70 the Convention but
TO my disappointment and ia spite OF my Efforts, II ad
burned to tho next morning at ten ocock-a majority
Of my associates voting for the adjournment.
The ext mornlLg.l cndcayored to procure a meeting
Of the delegation before ten O'Clock, that might obtain
formal inst uction the Chairman in my absence
being The
attendance of all the members, waited till they APP
Feared in the hall Of the Convention AMI there shortly
before eleven O'clock called them together, and all
being present. resolution, in contemplation Of my alb
seuce was moved and carried, that "the Chairman de-
Thercupcn, requesting Mr. King to acte as temporary
Chairman in absence, and when New York was called
IL 9e e II and e as
possible, that might be present at the opening Of the
court.
Was IT reasonable, nay, was II possible that should
do otherwsc2 II is known TO be rule Of the Supreme
Court not postpone argument for other engagements
Of counsel III neither counsel present. the goes
to the foot OF the docket to be reached again only after
two three years. If OF the counsel only appears he
makes an oral argument and printed brief submitted
al no N m
fling with the rights Of my clients either to submit their
printed brief or 70 postpone it for two years
letter with an excuse was liberty did not feel usti
fed in taking, and taken might fail Of Its object,
tho Court when Informed of the circumstances, must
have believed that member Of the delegation would
take advantage Of my absence If he could and that he
could not r he would sins the vote had been already
determined In meeting Of the delegation, and that dc-
tor mnaoD could not be rcconsdered changed without
the deserton TO the minority OF one Of the majority But
whatever might be the opinion Of others, duty appear
cd TO myself extremely plain. There nothing to be
donc in the Convention but the merely ministerial duty
Of declaring what had already been determined which
myself, while, on the other hand, no one but myself
could act in court for my clients 1t is true thss some Of
the minority might appeal TO the Convention and that
the Ccnynt mght lbitrarly override the delegation
but answered then as repeat now that neither the
minority Of tho delegation The Convention itself had
any right to nieTcsc We not asking favor, but
exercising right Whether per,on not present could
vote not the question: persons did not vote except
ON unmportant questions, and by general consent.
States voted the vote Of each State delivered by It's
chairman who collected the voices Of his delegation and
rnounced the result There nothing In the
OF the thing nothing in any rule usage OF the C1nvon
on, which required the voices Of the dels cation be
collected at the instant Of announcing the result They
might be collected minute beforet and or,
as in the present instance, ten minutes twice
ten minutes. All that could be required was
that each member should give his own judy
NEXT upon the particular proposition, and the
Of these judgments II the sole province Of tho
chair man make known. There could be occasion
for their standing by his side while he performed this dn
~ unless he needed their support or they feared his
weakness.
have said that there rule OF the Convention
which ordered the matter otherwise on the contrary
the rule to the mode Of votng-he eghteenth-was a.
follows
'1s. Mode Of voting All votes shall be taken By
States, and each state TO give The yeas and
nays Of the membtrs shall not be taken published
only the decision by States.v