Brewer, David J. (David Josiah), 1837-1910

Assistant Attorney General Cooley returns Philip Battell Stewart’s letter to President Roosevelt. He also includes a report from Stewart’s attorney wherein he tries to cast doubt on Cooley’s account and the propriety of Roosevelt’s choice to remove Herbert J. Hagerman from the position of territorial governor of New Mexico. Cooley cites multiple cases that give precedent to his claims. He feels that Hagerman was treated leniently.

Collection

Library of Congress Manuscript Division

Creation Date

1907-08-23

A large President Roosevelt has several small men jumping on his top hat: “Chancellor Day,” “Justice Brewer,” and “Ex-Senator Spooner.” “Wall Street’ collapsed on the brim of his hat and says, “I’m ‘most dead!”

comments and context

Comments and Context

This clever cartoon from the political-cartoon phase of A. D. Condo’s long career displays a seldom-recognized aspect of Theodore Roosevelt’s presidency, specifically concerning the possibility that he might have yielded to public pressure and accepted another nomination in 1908.

Responding to remarks like Supreme Court Justice David J. Brewer’s accusation of President Roosevelt playing “hide and seek” with the potential of seeking a third presidential term, an article in the Chicago Daily News reassures its readers that for all his faults, Roosevelt respects the constitution too much to run for a second elected term. The delegates at the Republican National Convention will nominate a different statesman.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-22

This article details Justice David J. Brewer’s address before the Northwestern Mutual Life Insurance Agents’ Association, where he said, “America is the great composite photographer of nations, with a duty to take all the various races of the earth…and put them on the canvas to make one picture, one race.”

Collection

Library of Congress Manuscript Division

Creation Date

1904-07-21

President Roosevelt is pleased that William Allen White liked his message. He had originally written more strongly about judges, and believes that while there are few judges who are actually corrupt, there are many who are not fit to remain on the bench.

Collection

Library of Congress Manuscript Division

Creation Date

1908-11-30

President Roosevelt writes to Florence Bayard Lockwood La Farge about Jane Addams’s book. He criticizes her stance against militarism. Roosevelt compares Addams to Leo Tolstoy in their similar actions in speaking out against war and industrialism, but being ultimately misguided in their argument that because there are hardships that result from these, they should be entirely abandoned, rather than acknowledging the positives and working to alleviate the negatives. It is just as bad, Roosevelt says, to preach unrighteous peace as to preach unrighteous war, and even more foolish.

Collection

Library of Congress Manuscript Division

Creation Date

1908-02-13

President Roosevelt discusses recent attacks made against him by Supreme Court Justice David J. Brewer. He considers Brewer one of the “corporation judges” who are naturally given to work against Roosevelt, and so appreciated William Allen White’s kind letter more than he was concerned by Brewer’s comments. Roosevelt is more concerned that individuals like Edward Henry Harriman and John D. Rockefeller would see to use and perhaps exacerbate the current economic crisis to undermine his presidency and turn public opinion against him. Roosevelt closes by asking that White keep this letter private.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-26

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

Andrew V. Henry writes in support of subsidies for American shipping. He argues that the United States does not have an adequate merchant marine force and that the economy is losing out on the benefits of reduced freight rates. Other article topics include the banning of indecent theater posters in New York, David J. Brewer’s recent commencement speech, a poem by Minna Irving, and details of the bribery charges against Frank J. Gethro.

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-31

Horace G. Knowles has been wanting to write to Theodore Roosevelt for a long time, and has now finally gotten the chance. Knowles has just returned from a trip around North America, and tells Roosevelt that he enjoyed his article, “Race Decadence.” Knowles also is concerned about the headway the Democratic Party is making in the elections, and hopes that Roosevelt is paying attention and is ready to fight for Republican success. Knowles will speak with Roosevelt about these matters in person soon. 

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-18

Attorney General Bonaparte has examined the legislative acts and amendments proposed by Seth Low and John R. Dos Passos relating to industrial trusts, and tells President Roosevelt about his views and legal opinions on both.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-07

Secretary of State Elihu Root accepts President Roosevelt’s invitation to attend the upcoming Conference of Governors.

Collection

Library of Congress Manuscript Division

Creation Date

1908-04-23

Secretary of State Root teases President Roosevelt for his tardiness for by writing, “It is hereby ordered that $2.50 be deducted from the President’s salary for his being late at the office Saturday April 11th, 1908,” and signs the note from Supreme Court Justice David J. Brewer.

Collection

Library of Congress Manuscript Division

Creation Date

1908-04-11

Attorney General Bonaparte provides President Roosevelt with notes and suggestions on his upcoming message. In particular he suggests modifications on portions relating to labor liability laws and employee compensation for injuries. Bonaparte also suggests removing the words “good” and “bad” from the portion on trusts, as certain trusts are claiming to be “good” trusts to avoid injunctions. He also provides comments on changing wording to avoid accusations of naming specific individuals, and on the language in the delicate sections about judges.

Collection

Library of Congress Manuscript Division

Creation Date

1908-01-22

Attorney General Bonaparte updates President Roosevelt on the outcomes of several Supreme Court cases. The Court has ruled against the Roosevelt Administration in the employers’ liability cases. Bonaparte provides a summary of the judges’ opinions in the event that he wants to send a special message to Congress urging a passage of the law that the court would deem constitutional based on the case. The Court ruled against the administration in the Williamson case, but on grounds that allow it to be tried again. As expected, the Court overturned the conviction of Major Carrington, who was sentenced in the Philippines to 40 years. Bonaparte asks Roosevelt’s advice on waiting to take action on Christian Schuebel’s nomination as Senator Fulton has requested. Finally, Bonaparte writes that Tracy C. Becker will help with prosecutions in Oregon.

Collection

Library of Congress Manuscript Division

Creation Date

1908-01-06

John Allison sends President Roosevelt a newspaper clipping that he intended to send with his previous letter, and says that reading it will make a paragraph of his letter make more sense. He also encloses an editorial commenting on Justice David J. Brewer.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-27

William Allen White is personally offended by attacks levied at President Roosevelt, particularly in a speech given by Supreme Court Justice David J. Brewer. White, who worked in similar circles as Brewer in Kansas, alleges that twenty years earlier Brewer had sold a receiver position on the Missouri-Kansas-Texas Railroad to Colonel Harrison C. Cross and threatened to fire him when Cross ceased payment. White also suggests that for the last twenty years there has been a concerted effort by outside parties to control senators and judges.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-22

Assistant Treasurer of the United States Fish confirms to William Loeb he also heard that Supreme Court Justice David J. Brewer had recently publicly criticized President Roosevelt while saying New York Governor Charles Evans Hughes was a superior politician. Fish considers Brewer’s behavior to be typical of factions opposing Roosevelt.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-21

An article condones President Roosevelt’s decision not to respond to Supreme Court Justice David J. Brewer’s public questioning of Roosevelt’s personal and political suitability for office, arguing that Brewer should not have interjected himself in politics as a justice on the Supreme Court.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-26

Clifford Howard argues that attitude of labor organizations in regard to the the Charles H. Moyer, Big Bill Haywood, and George A. Pettibone murder trial is due to the Supreme Court’s practice of issuing divided opinions. Justice J. MicKenna’s dissenting opinion provides the basis for the claims labor agitators and anarchists make for interference.

Collection

Library of Congress Manuscript Division

Creation Date

1907-04-25