New-York tribune., 1902-08-16
~pAcKrNG THE SUPREME cOrRT."

The apnoiutnlent Of Justice Oliver Wendell
Holmes has naturally led to some speculation
concerning his view of the constitutional status
of our colonial governments. The belief that
he is in harmony with his predecessor and the
majority Of the court. and that the President
would be unlikely 10 appoint man without
satisfactory knowledge that he would not re
verse the policy 10 which the government is
already committed with the permission of the
court leads 10 discussion Of the propriety Of ex-
ecutive consideration of such questions in So
Iecting Judges Some few voices have been
raised complaining that this was equivalent TO
hacking the court" Such complaints how
ever. are apparently made in mere wantonness
Of opposition and without serious thought. The
leading organs of anti-imperialsm. like The
Springfield Republican" and The New-York
Evening Post" which most irreconclable
10 the insular decisions. accept the selection Of
a Justice likely not TO reverse them as perfectly
proper and the former declares that the Presi
dent has taken "only such advantage Of po
''litical position as any President Of whatever
party would take under similar circum-
stances
That is perfectly true We do not believe any
President ever picked out judges with any
definite assurance that they would decide par
ticular cases In particular way, but probably
no President ever appointed men whom he re-
garded as opponents of vital political and con-
stitutional principles held by himself. Indeed,
no President would be worthy of his trust who
would thus carelessly establish the domination
in the Supreme Court of doctrines which he
himself believed dangerous to the country's wei
fare as President Roosevelt undoubtedly be-
lieyes the extension of the constitution to the
Philippines, making them an integral part Of
49, tod -rr11d ha hat 10 anly-
ing" the court President Lincoln was a shame
less packer" Ex-Secretary Boutwell,. In his
"Reminiscences of Sixty Years in Public At
fairs tells of Mr.. Lincoln's anxiety on the
death of Chief Justice Taney TO secure sue
cessor who would uphold the measures OF the
government for the suppression of the Rebellion.
Though perfectly loyal, Chief Justice fancy had
not done this. He had, for instance denied the
power of the executive TO suspend the writ of
habeas corpus at time when such exercise of
power WAS considered necessary TO check dis
loyal movements in Maryland. Mr. Boutwell,
says:
When the nomination had been made l said
TO Mr.. Lincoln that was very glad that he had
decided 10 appoint Mr.. Chase He then said:
There are three reasons in favor Of his ap-
pointment, and one very strong reason against
't First. he occupies the largest place in the
public mind in connection with the office. then
we wish for q Chief Justice who will sustain
what has been done In regard to emancipation
and the legal tenders. We cannot ask man
what he will DO. and if we should. and he
should answer us we should despise him for
sit Therefore must take a man whose
opinions know. But there is one very
strong against his appointment He Is
mot give up that idea il will be very bad S'r
him and very bad for me-. AT tnat tiine MT
Lincoln had been reelected to the Presidency.
Perhaps Mr.. Lincoln was too much OF poll