Gray, Horace, 1828-1902

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

Creator(s)

Jorgensen, Jay, 1956-

President Roosevelt explains to Senator Lodge why he is considering Oliver Wendell Holmes, Jr. of Massachusetts for a seat on the Supreme Court. Roosevelt cites his judicial experience and his willingness to act on behalf of those who are often overlooked in society. Roosevelt also comments on some former justices such as John Marshall and Roger Brooke Taney.

Collection

Theodore Roosevelt Association Journal

Creation Date

1902-07-10

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt informs Senator Hoar that Judge Gray has resigned from the Supreme Court. Roosevelt has decided to offer Gray’s place to Chief Justice Holmes of the Massachusetts Supreme Judicial Court. No announcement will be made until Roosevelt hears from Hoar.

Collection

Library of Congress Manuscript Division

Creation Date

1902-07-25

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt thanks Jane Matthews Gray for sending the proceedings about the memory of her husband, Supreme Court Justice Horace Gray. Roosevelt regarded him highly.

Collection

Library of Congress Manuscript Division

Creation Date

1903-12-05

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt considered Francis C. Lowell as a replacement for Justice Gray, but taking everything into consideration decided to appoint Oliver Wendell Holmes.

Collection

Library of Congress Manuscript Division

Creation Date

1902-08-15

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt would like to replace Justice Gray with someone from Massachusetts and has received advice on a number of candidates. Roosevelt’s preferred candidate is Oliver Wendell Holmes and he would like to know if Senator Hoar would oppose Holmes or has another candidate in mind.

Collection

Library of Congress Manuscript Division

Creation Date

1902-07-30

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt accepts Justice Gray’s resignation from the Supreme Court and requests that it take effect upon the appointment of Gray’s successor.

Collection

Library of Congress Manuscript Division

Creation Date

1902-07-11

Creator(s)

Roosevelt, Theodore, 1858-1919

President Roosevelt congratulates Senator Lodge on the birth of his grandson, Henry Cabot Lodge, and is glad that Lodge’s daughter-in-law Bessie is in good health. Roosevelt lays out the cases both in favor of, and against, Judge Oliver Wendell Holmes as a Supreme Court Justice. Roosevelt is concerned about Holmes’s speech about former Chief Justice John Marshall and hopes that Holmes understands that Supreme Court justices should be neither partisan nor politicians. Roosevelt has been happy with the majority of the Supreme Court but is concerned with the “reactionary folly” of the minority. Roosevelt wants to ensure that the replacement for Justice Gray upholds his legacy.

Collection

Massachusetts Historical Society

Creation Date

1902-07-10

Creator(s)

Roosevelt, Theodore, 1858-1919

Supreme Court justices “Woods, Blatchford, Harlan, Gray, Miller, Field, Waite, Bradley [and] Matthews” sit around a table, struggling to keep up with an overload of cases piling up on the floor, delivered “From the Lower Courts” by mail clerks entering on the left, as well as “Cases Unadjudicated 1880-1882” and “Cases Unadjudicated 1883-,” and a cabinet labeled “1885” along the wall in the background. Caption: It is unequal to the ever-increasing labor thrust upon it. Will Congress take prompt measures for the relief of the people?

Collection

Library of Congress Prints and Photographs

Creation Date

1885-12-09

Creator(s)

Keppler, Joseph Ferdinand, 1838-1894

Senator Hoar does not understand exactly what advice President Roosevelt would like regarding the appointment of a new Supreme Court Justice.

Collection

Library of Congress Manuscript Division

Creation Date

1902-07-28

Creator(s)

Hoar, George Frisbie, 1826-1904

Justice Horace Gray’s family wishes him to resign, and Senator Lodge believes that President Roosevelt will receive his resignation very soon. Lodge has spoken to Gray at length about his successor. If Roosevelt is unwilling to appoint William H. Moody, Lodge recommends Oliver Wendell Holmes, Jr. Although Senator Hoar does not like him, Lodge has spoken to several lawyers, all of whom approve of the choice. State-wide, Holmes is well-regarded, and outside of the state his war record and position earn him favor with everyone except corporation lawyers. If Roosevelt does not choose Holmes, Lodge recommends Hosea Morrill Knowlton. Finally, Lodge reminds Roosevelt of his promise to visit on his way to Maine and New Hampshire. Lodge also tells Roosevelt about the recent birth of his grandson, who will also be named Henry Cabot Lodge.

Collection

Library of Congress Manuscript Division

Creation Date

1902-07-07

Creator(s)

Lodge, Henry Cabot, 1850-1924