Marshall, John, 1755-1835

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

Presidential Snapshot (#39): Excerpt of a letter from Theodore Roosevelt to Henry Cabot Lodge

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

Beveridge’s Life of Marshall

Theodore Roosevelt reviews the first two volumes of Albert J. Beveridge’s The Life of John Marshall, which is about Supreme Court Justice Marshall. The review was published in The Outlook on July 18, 1917.

Collection

Harvard College Library

Creation Date

1917

Letter from Theodore Roosevelt to William H. Moody

President Roosevelt has been reading the works of former President Thomas Jefferson and concludes that the Constitution is meant to adapt to the country through the decisions of the Supreme Court. As he spends more time with the wealthy, he is convinced of their “entire unfitness” for government. Despite their good intentions, Roosevelt believes that these elites are out of touch with the common people. Roosevelt has a low opinion of Jefferson’s presidency, but notes that he was popular in his time.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-21

Letter from Theodore Roosevelt to William H. Moody

President Roosevelt writes confidentially to Supreme Court Associate Justice Moody that he has read and enjoyed District Court Judge Charles Fremont Amidon’s address to the American Bar Association in support of the education of the courts. Roosevelt feels that John Marshall and Roger Brooke Taney differed primarily in their interpretation of the Constitution. Enclosed, Roosevelt sends a draft of his Saint Louis speech along with a letter from Alexander. If what Alexander has said is true, Roosevelt’s dislike of him may be wrong, and he asks Moody for a comment on the speech.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-03

Letter from William H. Moody to Theodore Roosevelt

Supreme Court Justice Moody presents President Roosevelt with some general rules of constitutional interpretation in light of his understanding of Charles Fremont Amidon’s speech. Moody mentions how interstate commerce has changed in recent years and that the courts must determine what commerce is national, what is local, and what role the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

Letter from Charles Fremont Amidon to Milton Dwight Purdy

Judge Amidon asks Judge Purdy about where he can find the full speech that President Roosevelt gave at Harrisburg, Pennsylvania. Amidon explains that he will be delivering the address at the next meeting of the American Bar Association, and he would like to speak to the recent criticisms of Roosevelt and Secretary of State Elihu Root. He quotes a variety of former politicians and justices to make the point that state issues have become important on a national scale. Amidon believes the Constitution should be interpreted liberally and “should respond only to the deep, abiding, organic things of the nation’s life.”

Collection

Library of Congress Manuscript Division

Creation Date

1907-02-08

Draft of address of President Roosevelt at the G.A.R. encampment, The Weirs, New Hampshire

A draft of a speech addressing members of the Grand Army of the Republic in which President Roosevelt praises the efforts of the Union Army during the Civil War. He argues that with the growth of cities, and of individual and corporate fortunes, men have become more divided into groups and classes. Roosevelt asserts that in order to solve the “dark problems looming before us,” Americans must “strive onward” in the same spirit Union soldiers demonstrated when they fought alongside men regardless of class or religion.

Collection

Library of Congress Manuscript Division

Creation Date

1902-08-28

Address of President Roosevelt at the G.A.R. encampment, The Weirs, New Hampshire

President Roosevelt addresses members of the Grand Army of the Republic, praising the efforts of Union Army soldiers during the Civil War. He argues that with the growth of cities and individual and corporate fortunes, men have become more divided into groups and classes, thereby diminishing the “realization of that essential underlying brotherhood which ought to be deep in the heart of every American.” Roosevelt asserts that in order to solve the “dark problems looming before us,” they must prioritize cooperation. He insists that Americans must “strive onward” in the same spirit Union soldiers demonstrated when they fought alongside men regardless of class or religion.

Collection

Library of Congress Manuscript Division

Creation Date

1902-08-28

Letter from Theodore Roosevelt to Albert J. Beveridge

Theodore Roosevelt sends Albert J. Beveridge letters and states he is looking forward to reading Beveridge’s articles. Roosevelt is skeptical about Beveridge’s biography of John Marshall.

Collection

Library of Congress Manuscript Division

Creation Date

1914-12-04

Letter from Theodore Roosevelt to Lucien Hugh Alexander

President Roosevelt informs Lucien Hugh Alexander he will allude to James Wilson’s service as statesman during his upcoming speech at Harrisburg, Pennsylvania. However, he cannot speak at the Wilson Memorial. Regarding past statesmen, Roosevelt finds no value in attending memorial meetings. Instead, as president and when necessary, Roosevelt feels he should “point a lesson in present day affairs from their lives.”

Collection

Library of Congress Manuscript Division

Creation Date

1906-09-24

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 Alfred Spring

President Roosevelt enjoyed hearing from New York Supreme Court Justice Spring, and comments that he has been concerned with attacks against various New York politicians. While the situation in Erie County is bad, it is not the only place in the state where the situation is not good. He also agrees with Spring’s opinion about appointing a new justice on the Supreme Court.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-09

Letter from Theodore Roosevelt to Theodore Roosevelt

President Roosevelt informs his son Ted that he recently went on a ride with his mother, Edith Roosevelt, beyond Sligo Creek where they enjoyed the beautiful scenery. On Saturday, the Roosevelts attended the wedding of Theodore Douglas Robinson and Helen Rebecca Roosevelt. On the following day, they visited Attorney General Knox at Valley Forge where the President gave an impromptu speech in support of efforts to build a memorial to George Washington.

Collection

Library of Congress Manuscript Division

Creation Date

1904-06-21

Letter from Theodore Roosevelt to Silas McBee

President Roosevelt thanks Silas McBee for the book and asks if he has considered anyone for the “student’s position in China.”

Collection

Library of Congress Manuscript Division

Creation Date

1902-08-09

Letter from William N. Freeman to Frank Harper

William N. Freeman shares with Frank Harper an argument by Albert Bushnell Hart of Harvard University and his own response to the argument of American history. Freeman would like to begin a correspondence with Roosevelt through Harper to send him occasional letters where he updates what Hart is doing. 

Collection

Library of Congress Manuscript Division

Creation Date

1911-10-21

Letter from Oscar Hallam to Theodore Roosevelt

Oscar Hallam calls Theodore Roosevelt’s attention to a historical inaccuracy in his article concerning the doctrine that courts can declare a legislative act unconstitutional. Hallam cites historical cases and thoroughly discusses the Constitutional Convention to prove his point.

Collection

Library of Congress Manuscript Division

Creation Date

1911-04-29

Letter from Alfred Spring to Theodore Roosevelt

Justice Spring found Theodore Roosevelt’s editorials on Nationalism and the judiciary interesting and was pleased Roosevelt quoted him. He discusses how judges beliefs influence their interpretations of the Constitution and rights of the public, particularly noting John Marshall and Roger Brooke Taney. Then he discusses the role the three branches of government regarding law making and interpretation. Spring will send an article he wrote responding to Roosevelt’s 1905 recognition of Panama.

Collection

Library of Congress Manuscript Division

Creation Date

1911-04-17

Letter from Winfield F. Prime to Theodore Roosevelt

Winfield F. Prime shares a quote from Thomas Jefferson with Theodore Roosevelt with regard to his recent controversy with Governor Simeon E. Baldwin.

Collection

Library of Congress Manuscript Division

Creation Date

1911-01-30

Letter from Emory Speer to Theodore Roosevelt

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.

Collection

Library of Congress Manuscript Division

Creation Date

1908-10-26