New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-03-23
MISCELLANEOUS.
THE NEW YORK PEACE COMMISSIONERS.
THEIR REPORT.

The report has at last been sent in, with the
signatures of Mr.. Field Mr.. Noyes. Mr.. Wads-
worth, Mr.. Smith, Mr. james, and Mr.. King.
Ii is very long, but we make room for the note
of Mr.. Field, containing bis answer TO the letter
of Mr. John A. King published by us three
weeks ago to-day. This answer has been de-
Ioyod, we suppose, waiting for the report, as the
most fitting opportunity But it speaks for itself:
NOTE OF Mr. FIELD.
The following statement shows why the vote OF
NewYork not given upon the hrst question taken
taken in the Peace Convention, on the 9th of Feb
ruary. The Journal represents the votess divided
,ras not dridd The vote was ordered 70 be cast and
should kace been cast in the negative.
These are the facts:
On Tuesday, the day preceding, q message came TO
from the Clerk Of the Supren Court Of the United
States, that the Court WIS waiting for me IN case
which had stood upon the docket since December, 1852
and for the irst time reached IN its order.
The Of great Importance for upon is result
depended the closing or reopenng Of litigation which
| hnd conducted for nineteen years, which had en-
braced in s different forms than eighty suits, and
in the course Of which the Courts Of the State and Il
the United State. had come into direct conflict. Althe
tribunals of the State Of EewYork, where the ques
ton had been rs,ed. had decided against my clients
Tie Supreme Court Of the United States, by MAORI
" Of two, had once decided 10 their favor
ANY ~bo III. litigation IN the reports VII
fad in sAHdinrd, Chano-ry 90 How u s. 49, 20 20
% How. AZ. Duer ltt, 80. 70, l4N. Y go
The present case was determine whether this
Court would adhere 10 ,s former decision. The stake
Of my clients was therefore immense, and Was their
only counsel.
Tie case being called after my arrival in Cont the
- -. l,l. 11o. b..
day, the argument would proceed frst the next
ing at II O'Clock, unless the Auorney-Genera should
claim precedence in another case. Then, thinking
that the Convention would close It's business during
the day fastened back, and the question being
taken cas the Of the State against the ropOe
ton before tbs Convention and it rejected by IL
to6.
reconsideration was moved and carried, and an ad
jouruuent taken halfpas in the evening At that
hour returned to the Convention, but 10 my disap
pontmert, and in spite # my efforts it adjourned TO
the next morning at 10 O'Clock, majority Of my
sociates voting for the adjournment
The next morning underworld to procure n meeting
Of the delegation before 10 o'clock, that might obtain
formal instruction 10 the chairman in my abseBce
cast the vote Of the State against the proposed amend
ments Not being able, however 10 obtain the earlier
attendance Of all the members l waited till they ap.
peared in the hall Of the Convention and there shortly
before II o'clock, called them together and al being
present a resolution, in contemplation Il my absence
was moved and ca ried that the Chairman declare
that Eew-York voted Ne each section" Thereupon
requesting Mr. King 10 act w temporary Chairman in
my abseuce and when New-York was called to cast
the vote in the negative, pursuant to the resolution
left the hall and drove to the Capitol rapidly as
possible that might be present at the opening Of tie
Court.
Was Il reasonable nay, il possible that should
do otherwise II il known 10 be rule Of the Supreme
Court not postpone an argument for other engage
mens Of counsel. IL neither counsel IL present the
goes the foot Of the docket 70 be reached again
only afe two or three years If one of the counsel
only appears he makes an oral argument and printed
brief is submitted on the other side In my view, it
would have been triaing with the rights Of my
clients either submit their case on printed brief
TO postpone it f)r two years bad no one to send
TO the Court in my place. To dispatch letter with
excuse was liberty did not feel justified in taking
and if TAKEN it might fail Of its object, the Court
when informed of the circumstances must have be-
heved that member of the delegation would take
advantage Of my absence if he could and that he could
not If be would, since the vote had been already do
termDed in u meeting Of the delegation, and that de-
termination could not be reconsded changed without
the desertion TO the minority Of one of the majority
But whatever might be the opinion of Others my
duty appeared TO myself extremely plain. There was
nothing to be done in the Convention bui the merely
ministerial duty Of declaring what had already been
determined, which duty could certainly be performed
by another as well as myself while, on the other hand
no one but myself could act in Court for my clients.
II is true that of my associates expressed to
their appre nension that the minority might appeal to
the Convention and that the Convention might arbi-
traily override the delegation but answered them,
Us repeat now, that neither the minority Of the dele
CATION nor the Convention itsef had any right " in
terpoee. We were not asking favor but exercising
right. Whether person not present could vote was
not the question Persons did not vote except on un.
important questions and by general consent. States
voted; the vote Of each State was delivered by its
Chairman, who collected the voices of his delegation
and announced the result, There wac nothing in the
Of the thing nothing in any rule usage Of the
Convention, which required the voices Of the delegation
TO be collected at the instant of announcing the result
They might be collected one minute beforehand Or us
in the present instance, ten minutes, twice ten
minutes. All that could be required was, that each
member should give his own Judgment upon the par
tcular proposition, and the sum Of these Judgments il
the sole province of the Chairman 10 make known
There could DO no occasion for their standing by his
aide whls be performed this duty, unless hs needed
shsir support or they feared his weakness.
have said thst there WEE ~ rule II ths Ceeysptoa