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Henry L. Sprague writes President Roosevelt that if Judge William J. Wallace retires, he would be interested in his position on the United States Court of Appeals for the Second Circuit. Sprague lays out his qualifications and his support for Roosevelt’s antitrust policies.
Library of Congress Manuscript Division
1907-02-08
Associate Justice Morris writes President Roosevelt upon the resignation of Chief Justice Richard H. Alvey. Morris and Associate Justice Seth Shepard have determined the business of the D.C. Court of Appeals must cease until the appointment of a new Chief Justice, reestablishing a quorum for decision.
Library of Congress Manuscript Division
1904-12-15
President Roosevelt asks Judge Day if he will accept Justice Shiras’ place on the Supreme Court. Shiras will be retiring in February.
Library of Congress Manuscript Division
1903-01-23
President Roosevelt accepts Judge James F. Tracey’s resignation, and expresses his regret that Tracey cannot stay in the Philippines. Tracey has done good work, and Roosevelt is sure he would have done equally as well in any other position in the islands.
Library of Congress Manuscript Division
1908-12-17
President Roosevelt regretfully accepts Judge E. D. Saunders’s resignation.
Library of Congress Manuscript Division
1908-03-10
President Roosevelt was very glad to hear from Senator Murphy J. Foster that Judge E. D. Saunders will withdraw his resignation. Roosevelt is sure that by staying in office, Saunders will be able to do a great deal of good for the country.
Library of Congress Manuscript Division
1908-03-11
President Roosevelt agrees with Senator Platt in regretting Judge Wallace’s retirement. However, Roosevelt believes that Henry G. Ward will be an excellent replacement.
Library of Congress Manuscript Division
1907-05-22
President Roosevelt accepts Judge Moses Hallett’s resignation, and thanks him his long service on on the federal bench. Hallett was an early pioneer in Colorado, and has contributed to its development into a prosperous state.
Library of Congress Manuscript Division
1906-04-07
President Roosevelt informs Senator McComas he plans to promote Judge Seth Shepard to Chief Justice of the Court of Appeals of the District of Columbia since Chief Justice Richard H. Alvey has resigned. Roosevelt will appoint Charles Holland Duell to take Shepard’s place. Roosevelt plans to appoint McComas to replace Judge M. F. Morris when Morris resigns soon; however, many members of the bar in the District of Columbia are protesting McComas’s appointment. Roosevelt informs McComas he needs to have “substantial backing” from excellent lawyers in the District of Columbia to be able to appoint McComas.
Library of Congress Manuscript Division
1904-12-15
Supreme Court Justice Gray thanks President Roosevelt for the kind letter, and understands that his resignation will not take effect until the appointment of his successor.
Library of Congress Manuscript Division
1902-07-15
Attorney General Bonaparte writes to President Roosevelt regarding some upcoming cases to be heard by the Supreme Court. Bonaparte advises Roosevelt to mention to an unnamed Justice the danger of disqualifying himself, and brings up the difficulty of postponing the case. Bonaparte does not believe that the justices who are of an age to retire will do so until several cases are heard, and therefore doubts the chance of having them heard by a more favorable court.
Library of Congress Manuscript Division
1908-12-18
Judge Speer encloses a list of United States judges who will likely be appointed by Democratic nominee William Jennings Bryan. He explains to President Roosevelt the ramifications of having Bryan potentially nominating a large number of justices to federal courts at various levels. The Bryan judges would likely jeopardize peonage laws and the Employers Liability Act, among other things. Democrat-appointed judges would shift jurisprudence to favor states’ rights over federal authority.
Library of Congress Manuscript Division
1908-10-26
There is some uncertainty over the possible retirement of Associate Justice M. F. Morris on the District Court of Appeals. Although Attorney General William H. Moody has announced that ex-Senator Louis E. McComas would be appointed as Morris’s successor, Morris has declared that he is not yet ready to retire. The confusion comes from a letter sent previously, and from Morris’s previous illnesses, which have resulted in the anticipation of his imminent retirement.
Library of Congress Manuscript Division
1905-05-21
The document contains a list of United States judges who may retire and be replaced during the next presidential term.
Library of Congress Manuscript Division
1908-10-26
Although it is commonly known that President Roosevelt intends ex-Senator Louis E. McComas to succeed M. F. Morris on the Court of Appeals of the District of Columbia, this announcement has caused consternation from Morris, who does not intend to retire yet. Attorney General William H. Moody made the announcement based on the idea that Morris had written Roosevelt a letter stating his intention to retire, but Morris asserts that he had not written any such letter, and has not given any indication that he will retire.
Library of Congress Manuscript Division
1904-05-19
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.
Library of Congress Manuscript Division
1902-07-07