aintained by the Court, as the right and
dignity of the Court itself."[90] The Test-Oath Act of July 2, 1862,
which purported to exclude former Confederates from the practice of law
in the federal courts, was invalidated in Ex parte Garland.[91] In the
course of his opinion for the Court, Justice Field discussed generally
the power to admit and disbar attorneys. The exercise of such a power,
he declared, is judicial power. The attorney is an officer of the Court
and though Congress may prescribe qualifications for the practice of
law in the federal courts, it may not do so in such a way as to inflict
punishment contrary to the Constitution or to deprive a pardon of the
President of its legal effect.[92]

Organization of Courts, Tenure and Compensation of Judges

"ONE SUPREME COURT"

The Constitution is almost completely silent concerning the organization
of the federal judiciary. Although it provides for one Supreme Court, it
makes no reference to the size and composition of the Court, the time or
place for sitting, or its internal organization save for the reference
to the Chief Justice in the impeachment provision of article I, Sec. 3,
relating to impeachment of the President. All these matters are
therefore confided to Congressional determination. Under the terms of
the Judiciary Act of 1789, the Court consisted of a Chief Justice and
five Associate Justices. This number was gradually increased until it
reached a total of ten judges under the act of March 3, 1863. Due to the
exigencies of Reconstruction and the tension existing between Congress
and the President the number was reduced to seven as vacancies should
occur, by the act of April 16, 1866. The number never actually fell
below eight, and on April 10, 1869, with Andrew Johnson out of the White
House, Congress restored the number to nine, where it has since
remained. There have been proposals at various times for an organization
of the Court into sections or divisions. No authoritative judicial
expression is available, although Chief Justice Hughes in a letter to
Senator Wheeler of March 21, 1937, expressed doubts concerning the
validity of such a device and stated that "the Constitution does not
appear to authorize two or more Supreme Courts functioning in effect as
separate courts."[93] Congress has also determined the time and place of
sessions of the Court, going so far in 1801 as to change its terms so
that for fourteen months, between December, 180