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Frank Harper forwards Matthew Hale a letter from Brooks Adams to Theodore Roosevelt and asks for Hale’s opinion of Adams’s offer to answer Senator Henry Cabot Lodge when Lodge speaks on September 21.
Library of Congress Manuscript Division
1912-09-09
Theodore Roosevelt writes to Brooks Adams to discuss the Federal Court Issue and his campaign.
Library of Congress Manuscript Division
1912-06-27
Theodore Roosevelt’s secretary sends Roosevelt’s acknowledgments regarding an unidentified bill to W. E. Pearsall. Roosevelt is unable to spend any time on the bill, although Pearsall already knows Roosevelt’s views on the matter.
Library of Congress Manuscript Division
1912-05-24
Theodore Roosevelt writes to the Board of Directors of the New York County Lawyers’ Association regarding a proposed amendment to the U.S. Constitution, which would provide that no court or judge shall hereafter declare any legislative enactment unconstitutional. Roosevelt discusses the history of this power, and finds the proposed amendment to have troubling implications, but argues for a possible solution to its problems. Roosevelt quotes from Professor Thayer’s book Life of Marshall to support his arguments. Roosevelt’s main argument is that the limitations on the legislative branch of government must be more precisely defined, and some body of government must be able to give the legislature authority to act above its limitations in case of emergency, but that the courts may not be the best body for this, since this draws them necessarily into political partisanship. Roosevelt proposes instead a Constitutional Council composed of ex-judges.
Library of Congress Manuscript Division
1912-05-09
Theodore Roosevelt confirms that he has received a copy of James Kennedy’s recent speech to Congress and plans to read it. However, Roosevelt questions if Kennedy understands that the recent actions by States’ rights Governors are in response to the Federal Courts confining themselves to the Constitution’s “negative power.” This has left corporations completely free to act without any oversight from Federal or State government.
James Kennedy’s speech was related to Federal oversight of railroads.
Theodore Roosevelt thanks Representative Kinkaid for the interesting speech. He believes Arizona is unwise for adopting a recall of the judiciary but acknowledges there is no need for intervention. Roosevelt comments on the differences between appointive judiciaries, short-term elective judiciaries, and those with and without a recall.
Library of Congress Manuscript Division
1911-08-15
Theodore Roosevelt tells Judge Thomas Goode Jones that what Governor B. B. Comer said is true, and he did not make any statement of disappointment in Jones’s decision about the injunction. Likewise he knows Jones did not say in an interview last year, that Roosevelt had told Jones that Comer maligned or made statements about Jones to Roosevelt. Roosevelt writes only to ask Jones to be careful his name is not brought into any public controversies. Two copies included, one slightly edited.
Library of Congress Manuscript Division
1911-06-27
Theodore Roosevelt was pleased by Judge Noyes’s letter, and he mentions that he has received similar letters from Judge Hand and Judge Amidon. Roosevelt wishes that he had Noyes’s letter in front of him when he wrote his article on the subject, because Noyes was particularly effective at conveying his position.
Library of Congress Manuscript Division
1911-05-19
Theodore Roosevelt looks forward to reading Alfred Spring’s article. He agrees with Spring that judges should be fearless of criticism and sympathize with the spirit of the times. Courts should “act as a brake on legislative and executive action.” However, Roosevelt feels it is unwise for them to stop action regarding workmen’s insurance.
Library of Congress Manuscript Division
1911-04-20
Theodore Roosevelt encloses a copy of his article on the judiciary and would like Henry L. Stimson to send it back to him as soon as possible with changes, editions, and suggestions. Roosevelt has also sent a copy to George W. Alger and asked him to give it to New York Supreme Court Justice John Proctor Clarke.
Library of Congress Manuscript Division
1911-02-10
Theodore Roosevelt’s secretary instructs William T. M. Gamble to refer to Roosevelt’s upcoming article in The Outlook on the courts.
Library of Congress Manuscript Division
1911-01-25
Theodore Roosevelt sends his thanks to Sir Ian Hamilton for the pamphlet and expresses his frustration with Homer Lee and his hysterical overemphasis and exaggeration.
Library of Congress Manuscript Division
1910-12-28
Theodore Roosevelt says that Judge Amidon’s articles in The Outlook, along with a book by Mr. Alger, were some of the chief things that drew his attention to defects in the American judicial system.
Library of Congress Manuscript Division
1909-03-18
President Roosevelt thanks James De Witt Andrews for sending him his editions of the works of Supreme Court justice James Wilson. Roosevelt agrees with Andrews’s assessment that the country needs a line of demarcation between federal and state powers.
Library of Congress Manuscript Division
1906-12-26
Theodore Roosevelt writes to American Federation of Labor president Samuel Gompers that he hopes to learn more in the upcoming issue of The American Federationist about a labor leader who was arrested for murder, likely referring to John R. Lawson, who was arrested for his role in the Ludlow Massacre in Colorado. Roosevelt has heard a rumor that Lawson was not involved in the murders, despite receiving a life sentence for the crime.
Library of Congress Manuscript Division
1915-06-24
Theodore Roosevelt thanks James Thomas Williams of the Boston Evening Transcript for a letter which reminded him of an incident that has resulted in a civil suit. Roosevelt says he is insufficiently knowledgeable regarding legal particulars to guess how the suit will turn out, but he is confident that as far as “ordinary decent common sense citizens” are concerned, he will have proved his case.
Library of Congress Manuscript Division
1915-05-05
Theodore Roosevelt asks Theodore Douglas Robinson whether he remembers which senator Robinson brought to see Roosevelt in connection with the Senatorial investigation into William Barnes’s handling of the affairs in Albany. Roosevelt is involved in a libel suit with Barnes and wishes for Robinson to contact the lawyer handling the case.
Library of Congress Manuscript Division
1915-03-18
Theodore Roosevelt is not able to help Richard Lawrence. The Kansas courts would resent any effort made by Roosevelt to aid in his appeal.
Library of Congress Manuscript Division
1915-02-06
Theodore Roosevelt asks for a statement from Frank H. Tyree to testify to Roosevelt’s sobriety to demonstrate to Roosevelt’s lawyer, James H. Pound, what Pound will have to rely on in the libel case against George A. Newett.
Library of Congress Manuscript Division
1912-12-17
Theodore Roosevelt asks for a statement from James Rudolph Garfield to testify to Roosevelt’s sobriety to demonstrate to Roosevelt’s lawyer, James H. Pound, what Pound will have to rely on in the libel case against George A. Newett.
Library of Congress Manuscript Division
1912-12-17