ested in the district judges, in courts of
common pleas, or in other subordinate courts, as the Legislature might
direct, subject to the appellate jurisdiction of the chancellor. This
was practically Root's old proposition in another form, and its
reappearance made it the more certain that a majority of the
convention had determined to destroy the present judges.

Up to this time, the members of the court, all of whom were delegates,
either from motives of modesty, or with the hope that the many plans
might result in no action, had taken no part in the debates on the
judiciary. Now, however, Ambrose Spencer, with doubtful propriety,
broke the silence. His friends feared the assaults of Root and Peter
R. Livingston might drive him into a fierce retort, and that he would
antagonise the convention if he did not also weary it. But he did
nothing of the kind. He spoke with calmness and excellent taste,
saying that he favoured the appointment of circuit judges who should
aid the Supreme Court in the trial of issues of fact, and who should
also be members, _ex-officio_, of the Court of Errors; that he had
little or no personal interest in the question since he should very
soon be constitutionally ineligible to the office; that for eighteen
years he had tried to discharge his duties with fidelity and
integrity, and that he should leave the bench conscious of having done
no wrong if he had not always had the approval of others. He seemed to
capture the convention for a moment. His tones were mellow, his
manner gentle, and when he suggested leaving Albany on the morrow to
resume his labours on the bench, his remarks took the form of a
farewell speech, which added a touch of pathos. Indeed, the Chief
Justice had proved so wise and discreet that Henry Wheaton thought it
an opportune time to propose an amendment to the proposition before
the convention, providing that the present justices hold office until
their number be reduced to three, by death, resignation, removal, or
by age limitation. This brought the convention face to face with the
question of retaining the old judges, stripped of all other
provisions, and the result was awaited with great interest. It was Van
Buren's idea. It had the support, too, of Nathan Sanford, of Peter B.
Sharpe, the speaker of the Assembly, and of half a score of prominent
Bucktails who hoped, with Van Buren, that the convention would not
ruin its character by extreme measures based upon personal d