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, how-
ever, Ambrose Spencer, with doubtful propriety, broke the
silence. His friends feared the assaults of Boot 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 per-
sonal 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 mo-



806 THIRD STATE CONSTITUTION [Chap, xxvii.
