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In the year 1777, the constitution of New York was adopted, and Mr. Yates was an active and distinguished member of the convention that framed that instrument. During the same year he received, without solicitation, the appointment of a judge of the supreme court, at a time when an extensive and lucrative practice as a lawyer, held out to him strong inducements to decline its acceptance. Regardless, however, of private interest, he entered upon the duties of that office, rendered at the same time peculiarly delicate and dangerous. He sat upon the bench, as a writer has expressed it, "with a halter about his neck," exposed to punishment as a rebel, had our efforts for emancipation proved abortive: nor were these the least of his dangers. For in counties ravaged or possessed by the enemy, or by secret domestic foes watching every opportunity to ruin or betray their country, he was sometimes obliged to hold his courts.  

In the year 1777, the constitution of New York was adopted, and Mr. Yates was an active and distinguished member of the convention that framed that instrument. During the same year he received, without solicitation, the appointment of a judge of the supreme court, at a time when an extensive and lucrative practice as a lawyer, held out to him strong inducements to decline its acceptance. Regardless, however, of private interest, he entered upon the duties of that office, rendered at the same time peculiarly delicate and dangerous. He sat upon the bench, as a writer has expressed it, "with a halter about his neck," exposed to punishment as a rebel, had our efforts for emancipation proved abortive: nor were these the least of his dangers. For in counties ravaged or possessed by the enemy, or by secret domestic foes watching every opportunity to ruin or betray their country, he was sometimes obliged to hold his courts.  

He was particularly distinguished for his impartiality, in the trials of state criminals; and he was not unfrequently obliged to abate the intemperate zeal or ill-judged patriotism of the juries, who were to decide upon the fate of unfortunate prisoners. On one occasion, he sent a jury from the bar four times successively, to reconsider a verdict of conviction which-they had pronounced most unwarrantably against the accused, merely because they suspected he was a tory, though without any proof that could authorise the verdict;. As the accused had become very obnoxious to the great body of the whigs, the legislature were inflamed and seriously contemplated calling Judge Yates before them to answer for his conduct. But he was alike indifferent to censure or applause in the faithful and independent exercise of his judicial duties, and the legislature, at length, prudently dropped the affair. His salary during the war, was very small, and hardly sufficient for the support of himself and family. Indeed before the scale of depreciation of continental money had been settled, he received one years' salary in that money, at its nominal value, the whole of which was just sufficient (as he humourously observed) "to purchase a pound of green tea for his wife."

He was particularly distinguished for his impartiality, in the trials of state criminals; and he was not unfrequently obliged to abate the intemperate zeal or ill-judged patriotism of the juries, who were to decide upon the fate of unfortunate prisoners. On one occasion, he sent a jury from the bar four times successively, to reconsider a verdict of conviction which-they had pronounced most unwarrantably against the accused, merely because they suspected he was a tory, though without any proof that could authorise the verdict;. As the accused had become very obnoxious to the great body of the whigs, the legislature were inflamed and seriously contemplated calling Judge Yates before them to answer for his conduct. But he was alike indifferent to censure or applause in the faithful and independent exercise of his judicial duties, and the legislature, at length, prudently dropped the affair. His salary during the war, was very small, and hardly sufficient for the support of himself and family. Indeed, before the scale of depreciation of continental money had been settled, he received one years' salary in that money, at its nominal value, the whole of which was just sufficient (as he humourously observed) "to purchase a pound of green tea for his wife."

He was often urged to unite with some of his friends in speculating on forfeited estates during the war, by which he might easily have enriched himself, and his connections, without censure or suspicion; and although such speculations were common, yet he would not consent to become wealthy upon the ruin of others. "No," said he, "I will sooner die a beggar than own a foot of land acquired by such means." In September, 1776, George Clinton, afterwards vice president of the United States, anxious to receive the co-operation of judge Yates, in certain measures, then deemed important and necessary, addressed him a letter, of which the following is an extract: "we have, at last, arrived at a most important crisis, which will either secure the independence of our country, or determine that she shall still remain in a state of vassalage to Great Britain. I know your sentiments on this subject, and I am extremely happy to find that they agree so exactly with mine. But as we are called upon to act as well as to think, your talents and exertions in the common cause cannot be spared."

He was often urged to unite with some of his friends in speculating on forfeited estates during the war, by which he might easily have enriched himself, and his connections, without censure or suspicion; and although such speculations were common, yet he would not consent to become wealthy upon the ruin of others. "No," said he, "I will sooner die a beggar than own a foot of land acquired by such means." In September, 1776, George Clinton, afterwards vice president of the United States, anxious to receive the co-operation of judge Yates, in certain measures, then deemed important and necessary, addressed him a letter, of which the following is an extract: "we have, at last, arrived at a most important crisis, which will either secure the independence of our country, or determine that she shall still remain in a state of vassalage to Great Britain. I know your sentiments on this subject, and I am extremely happy to find that they agree so exactly with mine. But as we are called upon to act as well as to think, your talents and exertions in the common cause cannot be spared."