CHAPTER VI

REORGANIZATION OF THE  COURTS IN  THE CONVENTION  OF  182I----

RADICAL ELEMENT INSISTS UPON DESTRUCTION OF EXISTING
SUPREME COURT----REPORT OF THE COMMITTEE ON THE JU¬
DICIARY.—root's AMENDMENT AND PROPOSED MERGER OF LAW

AND   EQUITY----REJECTION  OF  ROOT PROGRAM----THE TOMPKINS

AMENDMENT, AIMED DIRECTLY AT EXISTING JUDGES----GENERAL

DEBATE;  ROOT ATTACKS,  VAN BUREN DEFENDS,  THE COURTS—

TOMPKINS'       AMENDMENT       REJECTED----SELECT      COMMITTEE

FRAMES A NEW PLAN, THAT IS NOT SATISFACTORY----CARPEN¬
TER'S PLAN FOE THE ABOLITION OF THE EXISTING SUPREME
COURT AND THE CREATION OF NEW TRIBUNALS, IN REALITY A

REVIVAL   OF   root's   ATTACK   UPON   THE   JUDGES----CARPENTER

PLAN    CARRIED----THE    NEW    TRIBUNALS----EARLY    AGE    LIMIT

FIXED   FOE   JUDGES   BY   FIRST  AND   SECOND   CONSTITUTIONS----

KENT----BRIEF REVIEW OF COURTS UNDER THE SECOND CONSTI¬
TUTION----THE    SUPERIOR    COURT    OF    NEW    YORK    CITY----THE

COURT OF COMMON PLEAS, NEW YORK COUNTY, AND ITS HIS¬
TORY----SUMMARY   OF   CONVENTION'S   WORK----ITS   ADDRESS   TO

THE PEOPLE----STATUTORY REVISION OF 183O----TREATY BE¬
TWEEN  NEW  YORK AND  NEW JERSEY.

In the reorganization of the judicial department, the Su¬
preme Court was destined to fall, as the animosities it had aroused
were implacable. The odium in which the council of revision
had become involved attached to the judges as members of it. To
condemn the system did not satisfy the radical element in the
convention; it demanded the political immolation of the judges
themselves. The committee on the judiciary department, under
104