President Roosevelt tells Supreme Court Justice Harlan that he does not plan on taking action on an appointment until he is able to discuss the matter with some Cabinet officers and Senators. Roosevelt also clarifies a statement he made in a previous letter that some Senators have mentioned to him that Supreme Court Justice David J. Brewer seems to have been setting the stage to address whether an act is unconstitutional, and that if that is the case it would not be good for the son of a justice to be “holding an office under an act upon the constitutionality of which his father, as one of the justices, was to pass.” Roosevelt does not know how much weight he gives the argument, but tells Harlan that it is a matter that he must consider.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-21

Creator(s)

Roosevelt, Theodore, 1858-1919

Recipient

Harlan, John Marshall, 1833-1911

Language

English

Period

U.S. President – 2nd Term (March 1905-February 1909)

Repository

Library of Congress Manuscript Division

Page Count

2

Production Method

Typed

Record Type

Multi-image

Resource Type

Letter

Rights

These images are presented through a cooperative effort between the Library of Congress and Dickinson State University. No known restrictions on publication.

Citation

Cite this Record

Chicago:

Letter from Theodore Roosevelt to John Marshall Harlan. [July 21, 1906]. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/digital-library/o196133. Theodore Roosevelt Digital Library. Dickinson State University.

MLA:

Roosevelt, Theodore, 1858-1919. Letter from Theodore Roosevelt to John Marshall Harlan. [21 Jul. 1906]. Multi-image. Theodore Roosevelt Papers. Library of Congress Manuscript Division. Theodore Roosevelt Digital Library. Dickinson State University. December 2, 2025. https://www.theodorerooseveltcenter.org/digital-library/o196133.

APA:

Roosevelt, Theodore, 1858-1919.: , [1906, July 21]. Letter from Theodore Roosevelt to John Marshall Harlan. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/digital-library/o196133.

Cite this Collection

Chicago:

Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division. Theodore Roosevelt Digital Library. Dickinson State University.

MLA:

Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division. Theodore Roosevelt Digital Library. Dickinson State University. December 2, 2025. https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.

APA:

Library of Congress Manuscript Division. Theodore Roosevelt Papers. Library of Congress Manuscript Division.
Retrieved from https://www.theodorerooseveltcenter.org/collection/library-of-congress-manuscript-division.