The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-22
Can the Supreme Court be "Packedl"
From The HOrId

Can the Supreme Court be 'Pacledl"
From The WorEd.
A leading radical organ, alarmed by the
late decision of the Supreme Court, adjudging
the military tribunals which domineered over
our liberties during the war unconstitutional,
advises Congress to pack the court, as iniqui-
tous sheriffs sometimes pack juries. The
journal in question mas sharpness enough
TO see that all the radical legislation will go for
nought, unless the Supreme Court can be de-
moralized or circumvepted "Surey," it eX-
claims "there is reason for Congress to look
well to this Court, before it proceeds another
step in reconstruction" This is q just and
sagacious observation; for nothing can be more
mcOntrovertlble than that all the radical
schemes Will be defeated If an independent
tribunal OF last resort remains to declare un-
constitutional laws null and void. The method
which the rad cal organ proposes for packing
the Supreme Court with party parasites, is thus
''But suil the Constitution, as its trainers had
toreseen this difficulty, provides tue remedy.
There shall be one supreme court, and such
other inferior courts as Congress NAV from time
TO time ordain and establish. The Constitution
establishes the Supreme Court, and provides
that It's judges shall be appointed by the Presi-
dent, by and wi h the advice and consent OF the
Senate and shall hold their offices during good
bebaVlor; but the number OF these judges is
left to the discretion of Congress. Thus, by
increasing or diminishing the number OF the
judges. the Court may be reconstructed in con-
toImlty with the supreme decisions OF the war.
In any event, it may be inferred that a court
largely composed of judges handed down from
Polk, Pierce, ard Buchanan, and having little
CT nothing 10 do with the war. and still living
in the atmosphere OF the Dred Scott decision, is
not adapted 10 meet the issues decided by the
war, nor the demands of the great revolution
under which the sovereign people of the United
States regard that Dred Scott decision as mark
of empire shame and olsgiace. As the Court
now stands, away behind the war, we hold that
there - good r. aSon to fear that its judgments
yet to come in regard to the doings of Congress,
during ana since the war, including the aDoli-
ton OF slavery and The creation OF our present
national debt, If not provided for In season.
may result Ill a new chapter OF troubles and DIS
asters 10 the country"
The desperate advice here given is of some
value as a recognition OF the difficulty, but futile
as q means OF eXtrication. The eXpedIent recon-
! mended will be equally vain whether Coneress
attempts to reduce or 10 increase the number OF
| judges. As to reduction, how can it be so
! managed as 10 weed out the conservative and
| retain The radical juCges? 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 impossibility OF dis
| placing them being the guarantee of their inde-
| pendCnCe. An act was passed at 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 to
| fill vacancies until the prescribed diminuton is
accomplished. This is the only way the Court
can be reuucCd without plain violation OF the
! Constitution.
As to an increase with what face could Con-
eress after declaring. by the act of last winter,
| that the number of judges is at present too
large, repeal that act from barefaced partisan
| motives, and diIect the appointment Of more
But we should be 10th to build any hopes on
so iraiI foundation as the supposed sense o
| shame, or REGARD for consis ency, OF the present
Congress. That body can, it it pleases, pass an
act enlaTgipg the cour, but it cannot take from
the President his power to appoint the judges
II the Senate should reject all his appointments
the court would remain the same as now, anC
all the radical schemes be frustrated; but if i
should confirm them, the court would be en-
aIged by the addition oil new judges as inde
pendent and faithful as those forming Its presen
majority. With this nsuTmountable obstacle
in prospect Congress will not incur the gratui
tous disgrace of attempting to PACK the Supreme
Court