Day, William R. (William Rufus), 1849-1923

Theodore Roosevelt, Oliver Wendell Holmes, Jr., and the Supreme Court

Jay Jorgensen examines President Theodore Roosevelt’s decision to appoint Oliver Wendell Holmes, Jr. to the United States Supreme Court in 1902. Jorgensen recalls Roosevelt’s knowledge of the law informed by two years of study at Columbia University, and he examines his judicial philosophy which was influenced by his study of and admiration for Abraham Lincoln. Jorgensen notes that Holmes’s nomination was supported by Roosevelt’s friend Senator Henry Cabot Loge of Massachusetts, and he emphasizes that Holmes’s dissent in the Northern Securities anti-trust case angered Roosevelt who felt betrayed by Holmes’s opinion. Six photographs, including four of Holmes, illustrate the article.

Collection

Theodore Roosevelt Association Journal

Creation Date

2021

Letter from Theodore Roosevelt to William H. Moody

President Roosevelt thanks Supreme Court Justice Moody for his service in his cabinet, noting his courage, honesty, and loyalty. Roosevelt states that Moody is one of three or four men that he has been closest with as of late, and shares a positive comment that Justice William Rufus Day made about Moody.

Collection

Library of Congress Manuscript Division

Creation Date

1906-12-16

Letter from Theodore Roosevelt to Samuel Gompers

President Roosevelt tells Samuel Gompers that he has sent copies of Moral Overstrain to Justice William R. Day and Justice J. McKenna of the Supreme Court. Roosevelt is glad that Gompers was able to use it in the American Federationist, and thanks him for sending a copy of the magazine.

Collection

Library of Congress Manuscript Division

Creation Date

1908-01-27

Letter from Theodore Roosevelt to Kermit Roosevelt

President Roosevelt writes to his son Kermit about the funeral of former President McKinley’s widow Ida McKinley. He then describes his trip on the train out west as he passed through Ohio, Pennsylvania, Indiana, and Michigan. Roosevelt closes by saying he needs to talk to Kermit about his hunting trip.

Collection

Library of Congress Manuscript Division

Creation Date

1907-06-01

Letter from Theodore Roosevelt to Mark Sullivan

President Roosevelt describes to Mark Sullivan the considerations that have gone into his selections for federal judgeships. Roosevelt reviews his appointments in detail, noting that some were made at the request of the local organization and some against their wishes. The goal in each case was to appoint someone “of the high character, the good sense, the trained legal ability, and the necessary broad-mindedness of spirit…essential to a good judge.”

Collection

Library of Congress Manuscript Division

Creation Date

1907-05-13

Letter from Theodore Roosevelt to William H. Taft

President Roosevelt was greatly amused by a cartoon depicting Secretary of War Taft and sends it to him along with words of support for the handling of the recent events in Cuba. Roosevelt wishes to meet with Taft in person about the nomination of Horace H. Lurton to the Supreme Court, along with Supreme Court Justice William R. Day, Secretary of State Elihu Root,  and Attorney General William Henry Moody. Roosevelt mentions that Philip Battell Stewart will not run for governor in Colorado, and wonders if Taft can make it to Idaho for a campaign speech.

Collection

Library of Congress Manuscript Division

Creation Date

1906-10-04

Letter from Theodore Roosevelt to Henry Cabot Lodge

President Roosevelt agrees with Senator Lodge about wanting an appointee who follows the tenants of Alexander Hamilton and John Marshall. He is pleased with the outcome in Maine given the previous harm caused by the issue of temperance and liquor laws. Roosevelt shares how he took “solid satisfaction” in taking a shot at journalist Norman Hapgood. Reading Winston Churchill’s biography of his father, Lord Randolph Henry Spencer Churchill, reaffirmed Roosevelt’s dislike of both father and son.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-12

Letter from Theodore Roosevelt to Henry Cabot Lodge

President Roosevelt disagrees with Senator Lodge regarding Horace H. Lurton, despite his and Attorney General William H. Moody’s feelings. Oliver Wendell Holmes should have been ideal appointment, but Roosevelt finds him “a bitter disappointment” because of his general attitude. Roosevelt believes the Supreme Court is too important to make appointments based on the candidate’s state. Therefore, he tentatively plans to appoint Lurton and later Moody, even though both are from Massachusetts. Roosevelt is relieved by the “added impression of weakness” given by William Jennings Bryan’s recent speech.

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-04

Letter from Theodore Roosevelt to Elihu Root

President Roosevelt sends Secretary of State Root a letter of greeting and congratulations on the success of his recent trip to Central America. Roosevelt has enjoyed the rest he has had over the summer and is now beginning to work on the fall electoral campaigns. While the recent Congress has been very productive, Roosevelt fears that “the time has about come for the swinging of the pendulum,” and mentions some areas he believes the Republicans are weak. Secretary of War William H. Taft has decided to not accept a position on the Supreme Court, which may put him in the ranks of possible presidential candidates. Local New York elections for governor have shown Benjamin B. Odell as having an advantage over Governor Frank Wayland Higgins.

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-18

Letter from Theodore Roosevelt to Charles Dick

President Roosevelt believes Senator Dick misunderstood the conversation with William Loeb, concluding that no action would be taken. Instead, Roosevelt wants to resolve the matter of appointments immediately. Roosevelt chastises Dick for failing to communicate directly with him on multiple occasions.

Collection

Library of Congress Manuscript Division

Creation Date

1905-05-31

Letter from Theodore Roosevelt to Oliver Wendell Holmes

Theodore Roosevelt sends Oliver Wendell Holmes an excerpt of a speech by Charles Francis Adams. Adams believes that the most important issue facing the American people is the curbing of Senate powers, as evidenced by the fact that recent appointments in the judiciary (referring to those of Holmes and William R. Day to the Supreme Court) have been influenced by powerful Senators. Roosevelt says facetiously that he will try to find out who the “political heelers” were behind the appointments of Day and Holmes, so they can make sure that Holmes “swings [his] words properly this fall.”

Collection

Library of Congress Manuscript Division

Creation Date

1904-08-02

Letter from Theodore Roosevelt to Joseph Bucklin Bishop

President Roosevelt describes Governor Taft as a “fine fellow” and Roosevelt wanted him to accept the judgeship so that Judge William R. Day would not receive the position. Roosevelt believes that Taft and General Wood will work well together.

Collection

Library of Congress Manuscript Division

Creation Date

1903-03-10

Letter from Theodore Roosevelt to George Shiras

President Roosevelt is concerned about potential difficulties with the nomination of Judge Day, Justice Shiras’s successor on the Supreme Court. Roosevelt asks if Shiras is willing to have his resignation take effect on February 26 so that Day’s nomination can be sent in now.

Collection

Library of Congress Manuscript Division

Creation Date

1903-02-03

Letter from Theodore Roosevelt to John Davis Long

Assistant Secretary of the Navy Roosevelt updates Secretary of the Navy Long on his recent meeting with the Armor Board. President William McKinley and Judge William R. Day report that news from Spain is not satisfactory and while Roosevelt does not anticipate trouble, the Navy should be ready to act immediately.

Collection

Library of Congress Manuscript Division

Creation Date

1897-09-20

Letter from Theodore Roosevelt to Charles Hallock

Assistant Secretary of the Navy Roosevelt regrets to inform Charles Hallock President McKinley has appointed another man for the position in Bermuda, but he does not think there is a definite committal regarding the position yet.

Collection

Library of Congress Manuscript Division

Creation Date

1897-08-16

Letter from William McKinley to Henry Cabot Lodge

President McKinley writes to accept the Republican Party’s nomination for President and accepts the platform. He discusses his desire to uphold the gold standard and refutes the opinions of those who support the silver standard. He also comments on international affairs, including the territorial government in Alaska and Hawaii, war loans from the Spanish American War, neutrality policies in the Boer War, law and order in Cuba, and holdings in Puerto Rico and the Philippines. He also comments on domestic issues including civil service reform, the volume of United States currency, and domestic shipping. Finally, McKinley comments on insurrection and peace treaties in the Philippines, asserting his desire for peace and that no person be “deprived of life, liberty, or property without due process of law.”

Collection

Library of Congress Manuscript Division

Creation Date

1900-09-10

Letter from John Appleton Stewart to Theodore Roosevelt

John Appleton Stewart describes the purpose and work of the Peace Celebration Committee, of which Theodore Roosevelt has been given the title of Honorary Chairman. Stewart informs Roosevelt of both current and prospective members of the committee. Stewart tells Roosevelt that the object of the committee is to “create better feeling among the peoples of the world” in order to settle “international disputes.” 

Collection

Library of Congress Manuscript Division

Creation Date

1911-05-10

Letter from George B. Cortelyou to Theodore Roosevelt

Secretary of the Treasury Cortelyou details why Théobald Chartran’s painting depicting the signing of the “Protocols of Peace” between the United States and Spain in August, 1898, is not historically accurate. He does not want a 1902 letter from the French ambassador at the time, Jules Cambon, to be attached to the painting’s provenance. Cortelyou shares the letter and compares Cambon’s list of attendees with his own meticulous secretarial notes from the event. Neither the photograph Frances Benjamin Johnston took the day after the actual signing nor Chartran’s painting provide a completely accurate representation of the attendees and setting.

Collection

Library of Congress Manuscript Division

Creation Date

1909-02-05

Letter from Charles J. Bonaparte to Theodore Roosevelt

Attorney General Bonaparte submits suggestions to President Roosevelt regarding the Interstate Commerce Commission. Legislation will be recommended to Congress because of the recent Supreme Court decision in Harriman vs. the Interstate Commerce Commission. Bonaparte compares a number of judicial opinions from the Supreme Court Justices, and provides a recommendation to amend a portion of the law establishing the Interstate Commerce Commission so that it has more explicit legal authority to conduct investigations.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-30

Letter from William H. Moody to Theodore Roosevelt

Supreme Court Justice Moody has read the letter and article from William Allen White that President Roosevelt forwarded to him, and offers his thoughts on the matter. Moody writes on the power of the courts to declare laws unconstitutional. This power has to be exercised with caution as, contrary to prior doctrine, the courts are not infallible. While there are checks on the power of the legislative and executive branches, if the Supreme Court exceeds its authority there is little recourse to correct the errors. Moody discusses recent examples where the Supreme Court made explicit that its duty is not to comment on the justice or wisdom of pieces of legislation, but to enforce the law as it is written and determine how laws interact with the Constitution and other laws.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-03