Letters and Correspondence, Historical Letters, Photographs

Letters of Supreme Court Justices and other Judges to Fred Rodell

Bazelon, David L. 1960 12/29. (Circuit Judge, U.S. Court of Appeals) [thanks Rodell for his recommendation of Harrison Goldin, but has decided on another clerk.]

Biggs, John. 1964 9/18. [thanks Rodell for his attendance at the Judicial Conference and valuable comments.] Fred Rodell responds.

Black, Hugo L. 17 items, 1947-1970. Black, Hugo L. 1944 1/8. ["you may find yourself in a position where there are dissents to your concurring opinion."] Black, Hugo L. 1947 3/11. [Wiley Rutledge 'is a grand man and I like his work on the Court'. They often disagree, but Black admires his work on the Court.] 1968 4/4 [has stated that he has not changed his basic constitutional philosophy, though some of his views have changed; thinks their basic aspirations for the good of government coincide; encloses 3 printed lectures, inscribed to Fred and Janet.]

Black, Hugo L. 1970 5/18. [feels William O. Douglas has committed no "high crime or misdemeanor" and all the political hub-bub will get nowhere.]

Black, Hugo L. 1970 6/5. [There is nothing he (W.O. Douglas) has done to justify impeachment.]

Brandeis, Louis D.

Brennan, William J. 3 items. 1965 & 1971.

Clark, Tom C. 1951 4/2. ["Thank you for your comments on the Spector dissent. It was only 'devastating' enough to pick up two adherents - but hope 'springs eternal' even here."]

Douglas, William O. 1943 10/18. [the piece which Rodell praised was a condensation from a talk he gave, however, the Progressive did not note this and mutilated the piece; praises a person recommended by Rodell.] Rodell responds, 1943 10/21. [is annoyed that Douglas seems to hint he (Rodell) is responsible for the Progressive piece of which Rodell had no knowledge; his wife (Mildred Riddle Douglas)'s tuberculosis has returned.]

Douglas, William O. 50 items, 1943-1978. 1 facsimile of A.L.S. to Felix Frankfurter. 1944 2/3. [approves of Rodell's rebuttal letter to Harold Laski.]

Douglas, William O. 1945 12/29. [encomiums for Rodell's review of Harvard's book-shelf and article in the Progressive.]

Douglas, William O. 1946 1/7. [Felix Frankfurter retaliated with charges against Rodell after his article on Laski and is using a smear campaign against Douglas.]

Douglas, William O. 1947 3/12. [Defends Rodell's right to his position, though he (W.O.D.) "sweated through the problem."]

Douglas, William O. 1947 5/14. [In response to Frankfurter's position on the pending execution of a criminal: "you forget how hard he works for the good and truth when freed from his judicial fetters."]

Douglas, William O. 1947 6/16. [Frankfurter finally came out against Roosevelt's "count plan."]

Douglas, William O. 1949 5/9. ["In the Frankfurter technique, there is little of what we call principle or morality ... to him the end justifies the means."]

Douglas, William O. 1949 5/14. [Frankfurter hates Douglas and derogates Murphy Bloch and Rutledge because "he cannot stand to see the mantle of liberalism go to other shoulders."]

Douglas, William O. 1949 5/22. [example of how Frankfurter had a reporter for the Washington Post fired because the reporter would not present him in a good light.]

Douglas, William O. 1949 5/23. [more on Frankfurter's manipulation of the press and the fact that he has no friends on the bench other than Jackson.]

Douglas, William O. 1949 10/22?. [reports on his horse-riding injuries.]

Douglas, William O. 1949 10/27. ["there is no sacred ethical principle for him (Frankfurter)".]

Douglas, William O. 194? 10/6.

Douglas, William O. 19[59] 10/14 [Frankfurter has organized, in the main, the writers of the iconography of the Supreme Court under O.W. Holmes.]

Douglas, William O. 1960 6/27. [has been looking for a way to "gracefully" leave the court ... "the tides of reaction are so strong..."]

Douglas, William O. to Felix Frankfurter. photocopy. 1962 10/19. [telling him how much he has been missed at the Court during his absence.]

Douglas, William O. [1973] 9/3. [traveling through China.]

Douglas, William O. 1978 2/9. [is inspired during his own ill health by Fred's courage.]

Felton, Jule W. (Chief Judge of the Court of Appeals of the State of Georgia) 1957 10/17. [1954 desegregation decision by Supreme Court unconstitutional - constitution does not provide for integrated schools.]

Fortas, Abe. 9 items, 1967-1972. 1968 10/2. [grateful for help and understanding.]

Fortas, Abe. 1969 6/13. [has decided to do some research and writing, but will also have to work out some law practice arrangement and hopes to teach a law seminar, hopefully at American University or Georgetown; working problem of 5th amendment which is likely to be a target, either decisional or by proposed amendments; hopes Douglas will be O.K. despite constant attacks.]

Frank, Jerome (Judge of U.S. Court of Appeals). 4 items. 1950 5/24. [wants to make amends to Charles Clark] Clark responds (copy) 1950 6/11. [states Frank's scornful behavior makes friendship impossible, though they will have to coexist.]

Frankfurter, Felix. 7 items, 1930-1940. 1930 12/15. [pleased to be an honorary member of the "Wilful Seven" (a Yale group), though he cannot change his allegiance; not surprised Rodell would like to be Judge Learned Hand's secretary; would Rodell consider coming to Harvard for a year?]

Frankfurter, Felix. [1930?] 12. [can offer Rodell a $2,000 fellowship and hopes he will come.]

Frankfurter, Felix. 1931 1/10. [Sorry Rodell will not come to Harvard; would he like a job on Gov. Pinchot's staff as an "inventor and promoter of ideas needed for modern government"?] (Rodell did become Pinchot's staff member.)

Frankfurter, Felix. 1931 3/27. [Glad Rodell has taken job with Pinchot's administration.]

Frankfurter, Felix. 1940 2/13. [topics Rodell raises too large for written reply, but must say that while Holmes made legal problems sound simple, the process by which he arrived at their conclusions was complex.]

Frankfurter, Felix. 1940 2/21. [It is probably true that by the time Holmes reached legal conclusions, he had already discarded all non-pertinent or obscuring matter; Harvard is not the only good law school, but his allegiance is emotional as well as academic.]

Hincks, Carroll C.

McMillan, James B. (District Judge, U.S. District Court, North Carolina) 1972 11/21 ["color and clarity and force" of Fred Rodell's Nine Men] Also another letter.

McMillan, James B. to Janet Rodell. 1978 5/4. [agrees with Rodell on law review articles, both style and content; has double the load of most federal judges.]

Proctor, Haydn (Justice of Supreme Court of New Jersey).

Rutledge, Wiley. 1947 3/19. [appreciates Rodell's words of commendation "More and more I come to agree with Holmes that great cases make bad law as much as or more than hard ones." Has little sympathy for (John L.) Lewis' policy of throwing the country into semi-annual jitters and that he (Lewis) is responsible for "this" decision, though he (Rutledge) couldn't see the law in any other guise in any case.]

Stewart, Potter. 3 items, 1962-1967.

Stone, Harlan. [19]35 6/5. [Will read Fred Rodell's article with interest; "the law of -- is in an unfortunate state" which will undergo change due to the work of people such as Fred Rodell.]

Stone, Harlan. 1935 8/16. [regarding the state of constitutional law.]

Stone, Harlan. 1935 8/25. [has not responded to Fred Rodell because he does not wish to express opinions on legal subjects unless they have previously been stated in his opinions.]

Stone, Harlan. 1936 1/11. ["Where opinions differ so radically, only history and the perspective of time can resolve the differences."]

Warren, Earl. 1955 9/28. [looks forward to reading Rodell's book.]

Historical Letters

Alencar, A. de to Dr. Leo S. Rowe (Director General, Pan American Union; Chief, Latin American Division, State Department; Assistant Secretary of the Treasury; American-Mexican Joint Commission). Brazilian Embassy, 1920.

Baker, Newton Diehl to L.S. Rowe. Secretary of War. 1920 11/30.

Blaine, James G. to the Diplomatic and Consular Officers of the U.S. Secretary of State. 1890 5/27.

Clay, H[enry] to Nicholas Carroll. Washington, 1840 6/10. [Clay and his political allies are striving to gain for Clay the presidential nomination claiming at stake is everything most prized by freemen. The opposition claims they lack unity and have relaxed their efforts.]

Coolidge, Calvin to L.S. Rowe. Vice-President. 1921 7/5.

Davis, John W. to L.S. Rowe and Arthur F. Gotthold. Attorney. 1921 3/25 and 1922 9/14.

Fletcher, Henry P. to L.S. Rowe. Under Secretary of State. 1921 3/18.

French, Daniel Chester to Mrs. Gotthold. 1896 4/10. [Has been awarded the Hunt Memorial and wonders what to do with it.]

Glass, Curtis to L.S. Rowe. Secretary of the Treasury. 1918 12/18.

Hand, Learned to Mrs. Gotthold. 1947 1/27 & 1955 2/6. [tributes to Arthur Gotthold.]

Harding, Warren G. to L.S. Rowe. St. Augustine, Fla. 1921 2/20. [thanks Rowe for his opinion on choice for a vacant post.]

Hay, John. Poem, [1905 or 1906].

House, Edward M. to L.S. Rowe. 1919 10/17.

Hughes, Charles E. to L.S. Rowe. Secretary of State. 1921 7/11.

Lansing, Robert, to L.S. Rowe. Secretary of State. 1916 10/2 & 1919 10/21.

Payne, ____ to L.S. Rowe. Secretary of the Interior. 1920 5/29.

Pellere, di? to L.S. Rowe. Italian Embassy. 1918 1/16. [in an address before the N.Y. State Bar Association, he attempted to dissipate any doubt that might exist concerning Italy's conduct before and after entering the war. Hopes Italy will always receive the moral sanction of the U.S.]

Porral, Belisario to L.S. Rowe. President of Panama. 1919 8/8.

Reed, David A. to Arthur Gotthold. Later Senator from Penna. 1922 4/6.

Roosevelt, Theodore to L.S. Rowe. From the Metropolitan offices. 1917 11/1.

Root, Elihu to L. S. Rowe. Attorney. 1920 12/23.

Seward, ___ to ? [N.Y] [May not be in his hand].

Sherman, W. T. to Mrs. Gotthold. [ca. 1887].

Story, Joseph to Leverett Saltonstall. 1838 8/22. [Introduces Charles Hamer]. Also an engraving of Story.

Taft, William H. to L. S. Rowe. New Haven, Conn., 1920 8/4.

Whittier, John Greenleaf to Theodore Roosevelt. Amesbury, Mass., 1871 4/1. (looks like rough draft) [Accepts invitation to celebrate Italian unity, emancipation of Rome and its establishment as the capitol, all of which he looks upon with sympathy. Had he been a Catholic, he would have hailed deliverance from Papal temporal rule, "the despotism of a thousand years;" as a radical republican, he rejoices in the civil liberty of all men. He lost confidence in the French Republic when it crushed the Roman Republic under Mazzini and Garibaldi in 1849; now supports the efforts of Jules Faure (Favre?) and Leon Gambetta in reestablishing the French republic; the logical sequence of the bombardment of Rome by Charles Nicholas Oudinot (Marshal of France under Napoleon) is the "investment of Paris by King William"; the "terrible chassepot which made its first bloody experiment upon the half-armed Italian patriots without the walls of Rome (at Mentona) has failed in the hands of French republicans against the inferior needle gun of Prussia." No European Catholic powers came to the rescue of the Papal regime -- not Isabella of Spain nor the fugitive son of King Bomba, only the "loud-mouthed" American ecclesiastics protested the right of the Roman people to choose their own government and denies the right of kings in the person of Pio Nono.] Published in The Letters of John Greenleaf Whittier/ed. by John Pickard. vol. III, 1975.

Wilson, Woodrow to L.S. Rowe. 1918 6/10, Washington (White House). [pleased "Mexican editors were favorably affected by my little address"; sorry he did not point out the difference for Mexico in having Germany as a friend rather than U.S. in view of uses all the world now knows Germany makes of her friendships.]

Wilson, Woodrow to L.S. Rowe. Washington (White House), 1920 10/8.

Miscellaneous

5 cut signatures, including William Cullen Bryant and Kate Douglas Wiggin.

Photograph of Lieut. Gen. P.H. Sheridan.

3 passports for Leo S. Rowe.