from 1851 to 1867 175

for Baltimore City, the Court of Appeals again to
be held by chief judges of the circuits. The section
formulated contained also a provision that judges
should hold office during good behavior. A
minority report was filed by Henry W. Archer, of
Harford County. In the debates, the usual differ-
ences were again argued, especially that on the
question of life tenure of the office, that on the
choice of an arrangement for expediting the dis-
posal of appellate business, and that on salaries.
There had been little gain by the existing Court
of Appeals on the mass of cases in arrear on its
docket. Again was heard the belief that the judi-
ciary had deteriorated under the elective system;
and again there was agreement in a desire to as-
sure independence of the judges, with a difference
of opinion on the means of doing it. Mr. Archer
proposed a fifteen-year term in place of the life
tenure preferred by the judiciary committee, and
the amendment was adopted. The reason fre-
quently given nowadays for approval of the plan
of having a Court of Appeals held by trial judges,
that it secures to the appellate bench a valuable
background of human contacts and trial experi-
ence, appears to have found little expression in the
debates of the convention. It was mentioned in
the course of discussion by Henry Page, of Somer-
set County, one of the later judges of the Court
of Appeals. There was expressed some fear that
the combination of trial work and appellate work
might prove too severe a burden for the chief
judges generally, and it was ultimately agreed that
the amount of trial business in Baltimore City pre-
cluded the use of a trial judge from that jurisdic-