ption of said section resulted in the
following vote:

"YEAS.--Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio,
Pennsylvania, Rhode Island, and Tennessee--9.

"NAYS.--Connecticut, Iowa, Maine, Massachusetts, North Carolina, New
Hampshire, Vermont, and Virginia--8.

"So the section was adopted.

"On calling New York, the members stated that one of their number was
absent, and the delegation were divided. Inquiry was made of the
President whether an absent member could vote. The President decided
he could not, without general leave.

"New York, Indiana, and Kansas were divided."

* * * * *

_To the Legislature of the State of New York:_

The undersigned beg leave to submit a reply to the statement of Mr.
D.D. Field, to the report of the majority of the Commissioners to the
Conference Convention at Washington, respecting his absence on the
final vote in that body, on the proposed amendments to the
Constitution of the United States. The fact of his absence is
admitted by Mr. Field, and attempted to be defended at great length,
but Mr. Field has omitted to state that, by the 14th Rule of the
Convention, "no member should be absent from the Convention, so as to
interrupt the representation of the State, without leave." Mr. Field
neither asked nor obtained leave of absence, and hence, under the
rule, he failed to discharge his duty, both to the Convention and his
colleagues. Mr. Field does not state that he made any application to
the court for a temporary postponement of his case, in view of the
important vote then about to be taken in Convention. But, on the
contrary, argues to show that his duty to his client was paramount to
his duty as Commissioner of the State of New York, in a question
involving constitutional principles. After Mr. Field had stated, in
the presence of his colleagues in the Convention, that he was obliged
to go immediately to the Supreme Court of the United States, he was
urged by those who agreed with him in opinion, to remain, and give the
vote of the State against the proposed amendments, and was repeatedly
told that his absence would divide the vote; this was so stated to
him, by the minority of the Commissioners, and that it would be so
claimed by them before the Convention. He refused to remain, and with
the full knowledge of the effect of his absence on the question about
to be taken, he left the Convention, and thus defeated the vote of his
State