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Photographs of Associate Justice Oliver Wendell Holmes, Jr. of the United States Supreme Court appear on the front and back covers of this issue.
Theodore Roosevelt Association Journal
2021
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.
Theodore Roosevelt Association Journal
2021
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.
Theodore Roosevelt Association Journal
1902-07-10
Oliver Wendell Holmes Jr.’s nomination by President Theodore Roosevelt to serve on the United States Supreme Court is the subject of an article and of this issue’s “Presidential Snapshot” column. Holmes also appears on the issue’s front and back covers. A speech by William J. Vanden Heuvel, a report on a previously unknown oral history collection, and an update on the Theodore Roosevelt Association’s (TRA) scholarship fund for dependents of USS Theodore Roosevelt crew members complete the issue.
Theodore Roosevelt Association Journal
2021
President Roosevelt informs Edward Alsworth Ross that he had the pleasure of reading Ross’s book on social control thanks to Justice Oliver Wendell Holmes Jr., who said it was one of the strongest presentations on the subject. Roosevelt agrees and has decided to read everything else Ross has written. The president discusses some of the arguments in Ross’s works, concluding that Ross’s book is “wholesome” and that he hopes “its influence will be widespread.”
Library of Congress Manuscript Division
1907-09-19
President Roosevelt is going to tell Curtis Guild and George Lyman that he is going to Harvard and Groton to see his sons. He is glad that William Sturgis Bigelow has contacted Arlo Bates about meeting over breakfast and wonders if they can also invite Samuel McChord Crothers and Le Baron Russell Briggs. In a handwritten postscript he informs Bigelow that Oliver Wendell Holmes will be unable to join them.
Library of Congress Manuscript Division
1907-01-24
William Sturgis Bigelow discusses the accommodations, schedule, and company at his home for President Roosevelt’s upcoming visit. He thinks Justice Holmes would be more comfortable elsewhere, since they would have to share a bathroom, but he has no problem hosting Senator Lodge. Bigelow points out that it is lucky that no one seems to have discovered yet that Roosevelt will be staying with him otherwise Governor Guild would “have the Ancient + Honorable camped on the [Boston] Common in front of the house to fire twenty one guns whenever you put on a clean shirt.”
Library of Congress Manuscript Division
1907-01-26
Secretary of War Taft writes to President Roosevelt letting Roosevelt know that he has been meaning to send him a legal brief on their behalf. Taft intends for the brief to be used if Associate Supreme Court Justice Holmes rules against them.
Library of Congress Manuscript Division
1905-06-20
President Roosevelt met with Oliver Wendell Holmes and is satisfied with him as a United States Supreme Court nominee. Roosevelt wrote to Senator George Frisbie Hoar to inform him of Holmes’s selection and asks Senator Lodge to also contact Hoar.
Library of Congress Manuscript Division
1902-07-25
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.
Library of Congress Manuscript Division
1902-07-25
Theodore Roosevelt asks Learned Hand if he has read Frank J. Goodnow’s book which puts the matter clearly. Roosevelt prefers the judges change their attitude and hopes his criticism will bring results. Otherwise, there needs to be a change in the fundamental form of the law.
Library of Congress Manuscript Division
1911-11-28
Theodore Roosevelt asks Henry Cabot Lodge if he previously wrote to Lodge in detail about his handling of the Algeciras Conference and the Alaskan Boundary dispute. If this is the case, Roosevelt requests to see the letters.
Library of Congress Manuscript Division
1916-01-15
President Roosevelt disagrees with several statements Secretary of State John Hay wrote. While Hay was one of the most “delightful characters” Roosevelt had ever met, he found Hay lacking leadership qualities as a Secretary of State. Roosevelt provides Senator Lodge with his view of the Alaska Boundary dispute in 1903. He includes copies of the letters Roosevelt wrote to Judge Oliver Wendell Holmes and Henry White to show to British Secretary of State for the Colonies James Chamberlain and Prime Minister James Arthur Balfour. Roosevelt explains why certain appointments were made following the death of President William McKinley and details for why Hay was not consulted on matters concerning the Russo-Japanese War and the acquisition of Panama.
Library of Congress Manuscript Division
1909-01-28
President Roosevelt thanks Edward J. Gavegan for his letter, and says that Gavegan did “important missionary work” during and after the dinner. In particular, he wanted Gavegan to meet Justice Oliver Wendell Holmes, who is of the “best New England Brahman type,” but does not know the “other American of the [David] MacKay type.”
Library of Congress Manuscript Division
1908-11-20
President Roosevelt invites James Ford Rhodes and his wife to lunch on December 29 at 1:30. He will invite British Ambassador James Bryce, Secretary of State Elihu Root, Senator Henry Cabot Lodge, and Supreme Court Justices William H. Moody and Oliver Wendell Holmes.
Library of Congress Manuscript Division
1908-11-11
President Roosevelt assures Minnesota Senator Nelson that he is not discriminating against him in refusing his pick for a judicial appointment. However, he believes that judges should retire at 70 and thus does not want to appoint Judge William Edward Hale because he is already older than 60. With few exceptions, Roosevelt does not nominate judges older than 60.
Library of Congress Manuscript Division
1908-04-14
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.”
Library of Congress Manuscript Division
1907-05-13
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.
Library of Congress Manuscript Division
1906-09-04
President Roosevelt has been reading Social Control on the recommendation of Supreme Court Justice Oliver Wendell Holmes, Jr., and has enjoyed it so much that he felt compelled to write to Professor Ross to tell him. Roosevelt believes Ross’s book is a “serious work of permanent value.” He asks if Ross is familiar with Alexander Sutherland’s The Origin and Growth of the Moral Instinct, and recommends it as a good book if he has not.
Library of Congress Manuscript Division
1906-06-15
President Roosevelt enjoyed the recent visit from Baron Kaneko and Ambassador Kogoro Takahira and thanks Kaneko for the two books he sent. Roosevelt was pleased to learn that Justice Oliver Wendell Holmes and Kaneko are well acquainted.
Library of Congress Manuscript Division
1904-03-31