New York voted No."

_Second:_ That instead of confining himself to that duty, he began
immediately upon my departure, and before the vote was demanded, to
ask anew, "what vote should be given?" and when the vote was demanded,
instead of voting No, "stated the case to the Convention, and asked
permission to cast the vote as before."

_Third:_ That Mr. King's colleagues, though they had just resolved, in
expectation of my absence, that he should "declare that New York voted
No," yet "before New York was called," and of course before any
intimation from the Convention or its President, in answer to his
question, "What vote shall be given?" replied, "that in Mr. Field's
absence, the vote was divided," and directed him so to declare.

_Fourth:_ That the Convention never "decided that no person could vote
who was not present." Whatever was done, was done between the
delegation and Mr. Tyler. No order was taken by the Convention, but,
on the contrary, the objection on the part of the minority of the
delegation was that "the Convention had no control or authority in the
matter."

What caused this departure from the course of proceedings prescribed
by the resolution does not clearly appear. The delegation did not
rescind the resolution; the Convention did not reverse it. I do not
understand that my associates consider it a nullity--certainly they
could not have so considered it when it was passed. I have not
sufficient evidence that they changed their minds within ten minutes,
or that they have changed them yet. That the resolution was not a
nullity, but an authoritative act, binding upon every member of the
delegation, until duly reconsidered, I believed then, and believe
still.

I submit, therefore, that my reason for attending court, at its
opening, was not only sufficient but imperative; and if I had not
yielded to it, I should have incurred the reproach of my clients, and
the censure of all right-thinking men; that before I left the
Convention, I did not only all that could have been done, but all that
was necessary, to make the vote of New York certain against the
proposed amendments of the Constitution; and that the omission to
record the vote of New York as it was ordered, was owing not to any
act or omission of mine, but to the efforts of the minority of the
delegation, or some of them, to prevent an expression of the opinion
of the majority, and to the failure of my associates of the majority
to execute in my a