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Taney, Roger Brooke, 1777-1864

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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

Creator(s)

Roosevelt, Theodore, 1858-1919

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

Creator(s)

Amidon, Charles Fremont, 1856-1937

Letter from Theodore Roosevelt to Claudius Buchanan Spencer

President Roosevelt thanks Claudius Buchanan Spencer for the nice editorial and letter, and responds to the statement by Syracuse University Chancellor James Roscoe Day. Roosevelt believes that, “in a broad sense, if the chancellor is correct in his position, then from Lincoln down every President who has striven to act decently should be condemned,” and rejects Day’s position that the courts must not be criticized. He also protests against Day’s stance that Roosevelt should not personally advocate for legislation, and defends his record of helping pass beneficial legislation over the past several years. Roosevelt goes on to similarly condemn several other points Day tries to make.

Collection

Library of Congress Manuscript Division

Creation Date

1906-07-23

Creator(s)

Roosevelt, Theodore, 1858-1919

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

Creator(s)

Spring, Alfred, 1851-1912

Letter from Theodore Roosevelt to Henry Cabot Lodge

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

Excerpt from a speech by Otto Gresham to the Law Club

Otto Gresham relays Abraham Lincoln’s opinion on the Dred Scott Case in which he stated his respect for the Supreme Court, but his refusal to stand by the case. The document states that the judicial decision radicalized Lincoln on the issue of slavery, and that he and Wendell Phillips welcomed succession. He connects the transportation interests of the country to the slave power, stating that the best advocates of efficient government have always been those with regard for the rights of property.

Collection

Library of Congress Manuscript Division

Creation Date

1905-11-25

Creator(s)

Gresham, Otto, 1859-1946