Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-25
CAN THE SUPREME COURT BE
"pACKEDf"
From the n. Y. World.

A leading Radical organ, alarmed by the
late decision Of the Supreme Court adjudg-
ing the military tribunals, which domi-
neered over our liberties during the war,
unconstitutional, advises Congress TO pack
the court, az ubiquitous sherifIs sometimes
pack iuries, or rs Stanton used to organize
his military commissions The journal in
question has sharpness enough to see that
all the Radical legislation will 60 for
naught, unless the Supreme Court can be
demoralized or circumvented. "Surely,"
il exclaims, there is reason Cor Congress
10 look well TO this court before il pro-
ceeds another step in reconstruction"
This is just and sagacious observation,
for nothing can be more incontrovertible
than that all the Radical schemes will be
defeated if an Independent tribunal Of last
resort remains to declare unconstitutional
laws null and void. The method which
the Radical organ proposes for packing the
Supreme Court with party parasites is thus
explained;
But still the constitution, as its trainers
had foreseeu this difficulty, provides the
remedy There shall be one Supreme Court
and such other inferior courts as Congress
mpy, from time to time, ordain and estab-
lisn. The constitution establishes the Su-
preme Court, and provides that It's Judges
shall be appointed by the President, and
with the advice and consent Of the Senate,
and shall hold their offices during good be-
hayior: but the number of these Judges
may be left 20 the discretion Of Congress.
Thus. by increasing or diminishing the
number of the judges, the court may be re-
constructed in conformity with the supreme
l. r. q In q
be inferred that a court largely composed
Of Judges handed down from Polk, Pierce
and Buchanan, and having little or nothing
to do with the war, and still living in the
atmosphere Of the bred Scott decision, is
not adapted TO meet the issues decided by
the war, nor the demands of the great revo-
luton under which'the sovereign people Of
the United States regard that bred Scott
decision a. a mark % empiric shame and
disgrace. As the court now stands, away
behind the war, we hold that there is good
reason 10 fearthat lbs judgments yet to come
in regard 10 the doings of Congress- during
and since the war, including the abolition
Of slavery and the creation Of our present
national debt, IL not provided for in season,
may result in new chapter of troubles and
disasters TO the country.
The desperate advice here gwen is Of
some value as a recognition of the difficulty,
but futile as a means Of extrication. The
expedient recommended will he equally
vain whether Congress attempts 10 reduce
or 20 Increase the number Of Judges. As
10 reduction, how can il be 40 managed rs
TO weed out the Conservative and retain
the Radical judgesY The truth is, none of
the existing judges can be legislated
out Of Office at all By the constitution.
they hold during good behavior, the i'm
possibility Of displscing them being the
guarantee Of their independence. An act
sas passed az the last session reducing the
number Of associate justices from ten TO
six; but the method was, by directing that
no new appointments should be made 10 fill
vacancies until the prescribed diminution
Is accomplished. This is the only way the
court can be reduced without a plain VIC.
lation Of the constitution.
As toan Increase, with what f,ce could
Congress AFTER declaring by the act Of last
winterthai thenumberof Judges is at present
too large, repeal that act from barefaced
partisan motives and direct the appoint
meni Ofmore But We should be loath 10
build any hopes on 50 frai foundation as
the supposed sense OF shame, or regard for
consistency, Of The present Congress. That
bodyesn II II chooses, pass an act enlarg-
ing the court, but il cannot take from the
President his power TO appoint the judges.
II the Senate should reject al his appoint
nents, the court would remain the same ss
DOW, and all the Radical schemes be fr1ls-
traied bat e i should confirm them, the
court seAla bs enlarged by The addition Of
new indges as independent and faithful as
those forming its present majority. With
this insurmonn,able obstacle IN prospect
Congress viii not incur the gratritous dis.
grace Of aiiemplingie pack the Supreme
Court,