CHAPTER  IX

FLUCTUATIONS    IN    CONSTITUTION    OF    JUDICIAL    DEPARTMENT----

PERMANENT   TENURE   IN   THE   HIGHER   COURTS   UNDER   THE

FIRST CONSTITUTIONS----UNCERTAINTY OF TENURE IN COLONIAL

DAYS—ENGLISH   JUDICIARY   BEFORE   WILLIAM   III----REMOVALS

OF INFERIOR JUDGES BY COUNCIL  OF APPOINTMENT—^DEFECTS

IN  THE  JUDICIARY   UNDER   CONSTITUTION   OF   182I----UNWISE

SOLUTION ATTEMPTED IN 1846----POPULAR ELECTION THE CREED

OF THE TIME----BRIEF ANALYSIS OF JUDICIAL SYSTEM AS RECON¬
STITUTED  IN   1846----RIGHT  OF  JUDGES  TO  SIT   IN   REVIEW  OF

THEIR OWN DECISIONS----NEW YORK  NOT THE FIRST  STATE TO

ADOPT ELECTIVE JUDICIARY----RE-ACTION SINCE 1846 IN VARI¬
OUS STATES IN FAVOR OF APPOINTIVE SYSTEM OR LONGER JU¬
DICIAL TERMS----TREATMENT OF THE JUDICIARY BY THE CON¬
STITUTIONAL   CONVENTION   OF   1867----JUDICIARY   COMMITTEE

OF   THE   CONVENTION----THE   MAJORITY   AND   THE   MINORITY

REPORT TO THE CONVENTION----CHANGES MADE, LENGTHEN¬
ING  OF  JUDICIAL  TENURE----DALY UPON THE  CONVENTION  OF

1846----ELECTIVE SYSTEM AND EVOLUTION----EVARTS ADVO¬
CATES TENURE DURING GOOD BEHAVIOR—^VOTES OF THE CON¬
VENTION   UPON   THIS   SUBJECT----QUESTIONS   AFFECTING   THE

JUDICIARY SUBMITTED BY THE CONVENTION OF 1867 TO THE
PEOPLE----ORGANIZATION OF NEW COURT OF APPEALS.

"There seems," says a recent historian of the constitutions
of New York,^ "to be no permanency in our judicial system. Its
fluctuations have been very marked, both in organization and
detail.    In this respect it presents  a  striking contrast to  the
 

I.   Charles Z. Lincoln.

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