Evening star., 1937-03-30

George Washington, of course, was
compelled to nominate full Supreme
Court at the very beginning Of our
national life, but no reputable person
charged then or has ever believed
since that Washington packed" the
court with men pledged to any GER
tain line of conduct beyond faithful
compliance with the required oath tc
uphold the Constitution in the sight
of God, uninfluenced by the machina-
tions of politicians or the self-inter-
ests of any group Of men intent on
draining the Federal Treasury. The
men he selected for Chief Justice and
associates were not only persons OF
eminence in the profession of the
law, but in character literally incap-
able of going on the bench to submit
obediently to executive DEGREES.
I here and now challenge the pro-
ponents of this startling scheme to
pack the Supreme Court for the
avowed purpose of validating acts OF
Congress already decided to be un-
constitutional to produce one word
written or spoken by Thomas Jeffer-
son in advocacy of such thing II
there ever was public man, who
aside from an unimpeachable char
acter, could have been suspected Of a
desire to do such a frightful thing, it
was Thomas jefferson. He hated
John Marshall, Chief Justice of the
court, who was his kinsman, and Mar
shall hated Jefferson. The latter Bit
terly condemned Marshall's opinions
Recently emerged from under the ty-
ranny of mad King, Jeffersonians Of
the period dreaded the Transformation
of this Republic into monarchy. They
suspected Marshall of desire, If not
the purpose, to do this step by step
insidiously," through judicial interpre-
tations. They knew Alexander Ham,
ilton, who was Marshall's powerful
political associate. could well wish it
to be done Jefferson was incensed at
the obiter dicta in Marshalls famous
opinion in the case Of Marbury VS.
Madison and other notable cases
Perpetually afterward he bitterly CEN
sured this and other opinions of Mar
shall However, for six years after
the delivery of Marshall's celebrated
federalistic opinion. concurred in by
the court, Thomas Jefferson was
President of the United States. with
full opportunity to propose reorgani-
zation Of the Supreme Court to compel
obedience to his views but, with
supporting Congresses,
he never then or at any time in all his
life would have done such an abomi-
nable thing.
Jefferson Wouldn't
Court"
Aside from his clear discernment Of
the vital Importance Of the checks and
balances incorporated in the Consti-
tuition and his conception OF judicial
Jefferson would never have
suggested such thing for the reason
stated with characteristic
clarity and force by woodrow Wilson
when he said:
1T is within the undoubted consti-
tutional power Of Congress to over
whelm the opposition of the Supreme
Court on any question by increasing
the number of justices and refusing to
confirm any appointments to the new
places which do not promise to change
the opinion of the court. But We do
not think such a violation of the spirit
of the Constitution is possible, simply
because We share and contribute to
that public opinion which makes such
outrages upon constitutional morality
impossible by standing ready to curse
them"
Standing ready to curse them!"
That tidily describes the attitude OF
thinking men and women everywhere
in America today toward this hateful
attempt to drive eminent jurists from
the bench in order to crowd into the
court lot Of judicial marionettes to
speak the ventriloquisms of the
White House. What Woodrow Wilson
pungently described as an expedient
to "overwhelm the Supreme Court" by
IAN outrage upon constitutional mo-
rality" is. in my view, the exact thing
now proposed; and 1t requires little
astuteness to predict with confidence
that the prophecy of Wilson would
come true and the curses Of the Amer
lean people, in the end, would be
visited upon those responsible for this
device to deprave the Supreme Court
and to make political plaything o1
the Constitution Of the United States
In like tenor with views entertained
and frequently expressed by Woodrow
Wilson were the profound conviction!
Of another illustrious Democrat Of tn,
modern era. A practical student o.
government, lover Of his country
pre-eminent for courage and common
sense, Grover Cleveland had a rever.
entail regard for the Constitution ane
the courts. Nothing on the eartF
could have induced this stern patriot
to lay impious hands upon either o.
to say or do anything designed to in.
flame uninstructed public opinion
against them. Just prior to his sec.
ond election to the presidency, Cleve.
land made a notable address at cen.
tennial celebration of the Suprem,
Court. Reciting the sacrifices of th'
American people to be free and ad
n1onishing his hearers that the writer
of the Constitution knew from bite
experience how readily instrumental
ties of government were prone to tres
pass upon the liberties of the gov
erned, Cleveland pointed out that
nevertheless, the founders of the Re
public calmly and deliberately estab
lished as function Of their Govern