Book Review

jective and ignores political affiliation, success loss of several elections to lesser offices and in office, and character qualities. having suffered a nervous breakdown. In The candidates are listed in chronological contrast to the near unanimous electoral order of their historical presence, and Morris vote for Washington, Lincoln barely received devotes a chapter to each subject. The can- enough votes to be elected to the presiden- didates include George Washington, DeWitt cy. Lincoln was an attorney specializing in Clinton, William Henry Harrison, Abraham small corporate affairs, and he was far less Lincoln, Jefferson Davis, Samuel J. Tilden, prepared for leadership as compared to the William Randolph Hearst, William Gibbs vast experience developed by Washington as MacAdoo, Herbert Hoover, Wendell Willkie, an Army general and president of the Consti- George C. Marshall, Henry A. Wallace, Barry tutional Convention. Many citizens were con- Goldwater, Robert F. Kennedy, and Ronald cerned that Lincoln’s election precipitated Reagan. the horrendous and costly Civil War, which Morris deviates from the prior conformist may have otherwise been prevented. Never- classification systems and places George theless, Morris praises Lincoln’s prosecution Washington higher on the fitness scale than of the war and his demonstrated compassion where Abraham Lincoln lies. Morris attri- and balance toward the defeated Confedera- butes Washington’s accomplishments and cy. Morris also emphasizes Lincoln’s resilien- subsequent election to not being distracted cy, humor, and linguistic eloquence, which by siring children. Morris believes that assisted him in his efforts to unify the nation. Washington’s childlessness also provided no Morris rates Lincoln’s judgment as outstand- opportunity for creating a family dynasty, ing; however, he only provides a “fair” rating Fit for the Presidency? unlike the jealously guarded class systems for Lincoln’s accomplishments. that had hamstrung England and other Eu- Morris offers that Americans were Winners, Losers, What-Ifs, ropean countries from political progress. fortunate not to have elected Henry Wallace and Also-Rans Morris admires the focused and firm or Robert Kennedy. Wallace was President leadership of the otherwise often mild-man- Franklin D. Roosevelt’s third term vice By Seymour Morris Jr. nered Washington, who helped to estab- president and subsequently was replaced by Potomac Books, Lincoln, Neb., 2017. 400 pages, $35. lish the framework of the newly enacted Harry Truman. Morris asserts that “in choos- Reviewed by John C. Holmes government of the United States. Further, ing to hang on to the presidency in 1944 Seymour Morris is a former political pollster, Washington’s multifarious skills saved the without making serious plans for succession, international entrepreneur, and author of the country from capitulation to bankruptcy FDR may have committed one of the most 2010 entertaining tome: American History and ensured the evasion and destruction of irresponsible acts ever made by a president. Revised: 200 Startling Facts That Never foreign aggressors. Washington refused to That we ended up with Harry Truman was Made It Into the Textbooks. Morris’ avid run for a third term of the presidency. De- due only to good luck.” interest in American history has resulted in spite his obvious abilities to lead the coun- Wallace also previously served as secre- a new and wonderfully written book, which try and the establishment and maintenance tary of agriculture under FDR. Wallace later is meant to surprise, entertain, and debunk of positive relationships among friends and ran for the presidency as an Independent, much of what has been previously written foes, he withstood the widespread entreaty against Harry Truman, Democrat Strom about the topic of rating presidents or those of the electorate. His pervasive modesty Thurmond, and Republican Tom Dewey, who aspired to the presidency. Morris offers was critical to his accomplishments and but Wallace lost miserably by receiving no forth each aspiring politician in the style of concealed a highly analytical mind. Morris electoral votes. A brilliant scientist and a corporate recruiter examining the quali- excuses Washington’s ownership of slaves unusually successful farmer, Wallace was fications of those who present themselves in his final ranking because of Washington’s “a man of enormous talent and energy and as potential candidates. He emphasizes key seemingly beneficial treatment of those zero self-discipline.” Morris rated Wallace’s criteria for each candidate in four categories: laboring on his plantation and because of accomplishments as outstanding, but his individual accomplishments, intangibles, the overriding importance of Washington’s judgment, intangibles, and overall rating judgment, and overall. Significantly, five of the accomplishments in establishing the nation. were categorized as poor. Morris notes that candidates he discusses were elected to the Morris acknowledges the good fortune some individuals found that Wallace “was a presidency, and 10 were not. Morris promises of the United States due to the election of lovely man, but too innocent and idealistic that his rating system of the candidates is ob- Abraham Lincoln, notwithstanding Lincoln’s for this world.”

58 • THE FEDERAL LAWYER • January/February 2019 Remarking on the keen sense of humor converted his political affiliation from of presidents preceding Robert Kennedy’s Democrat to Republican. Unfortunately, a aspirations for the office, including FDR, scurrilous fact not raised in the campaign, Truman, Eisenhower, and JFK, Morris but not particularly a secret, was that Willk- reveals that Robert Kennedy lacked that ie was involved with a woman who was not charm: “This man has absolutely none. He is his wife. As president of Commonwealth & awkward, extremely intense and emotional. Southern, a public utility, Willkie led it from He behaves like a battering ram, threatening, near bankruptcy to a successful, profitable ‘You will do this or else!’” Although nearly all company that served both the public and its of Kennedy’s jobs were in government and stockholders well. A lawyer who graduated were obtained by the influence of his father, first in his class at the Indiana School of Morris still rates Kennedy’s accomplishments Law, Willkie was a man of excellent disci- as excellent. However, his intangibles are pline and a keen sense of humor. Morris rated as fair, while judgment and overall rates Willkie as either excellent or out- are rated as poor. While describing Kenne- standing in the four qualifying categories. dy’s effectiveness when focused, such as in Morris concludes that Willkie “possessed a Senate hearings, Morris also found Kenne- high degree of executive ability, intellectual dy opportunistic, impatient, and at times curiosity, and personal warmth, and he had reckless. “He put his own selfish, emotional the judgment and vision to be a first-rate needs ahead of the nation’s, and certainly president.” ahead of his family’s.” In the final chapter, Morris creates a DeWitt Clinton was praised by Thomas comprehensive assessment of additional Jefferson as “the greatest man alive” and qualities that are desirable in a candidate American Default: cited by Abraham Lincoln as the man he for president. He provides comparison of would most like to emulate. Morris writes those candidates featured in the book, as The Untold Story of FDR, that Clinton had “the vision, drive and exec- well as some that were not, and further the Supreme Court, utive ability that many have, but he was also analyzes what accomplishments evince a and the Battle Over Gold a man of rare high principle pursuing worthy successful presidency. goals.” As the governor of New York, he was This book emphasizes a different ap- By Sebastian Edwards instrumental in initiating and completing the proach to political analysis at the presiden- Princeton University Press, Princeton, N.J., 2018. Erie Canal, a significant achievement in the tial level. Clearly, Morris draws examples 252 pages, $29.95. development of the United States. Clinton from his prior book, which reveal unusual Reviewed by Henry S. Cohn also spearheaded improvements in physical aspects, backgrounds, and qualities of those In American Default: The Untold Story of infrastructure, education, and social reform. who have sought the presidency. While often FDR, the Supreme Court, and the Battle While of austere personality, Clinton was ad- entertaining and educational, the apparent Over Gold, UCLA economist Sebastian Ed- mired for his integrity and accomplishments. search for uniqueness can detract from its wards relates the little-known history of the Clinton was an attorney and had served overall effect, as well as the balance and United States’ 1933 abandonment of the gold as a New York assemblyman. Morris rates believability of the facts and analysis offered. standard and its prohibition of the use of Clinton’s accomplishments, judgment, and Nevertheless, this book presents a fresh view “gold clauses” in legal instruments. Lenders overall as outstanding, and his intangibles of presidential history, as well as suggestions challenged the prohibition, and their liti- as excellent. While fortunate in his marriage on evaluating future candidates, and it is gation resulted in four significant Supreme into the wealthy Franklin family, Clinton was well worth reading.  Court decisions: United States v. Bankers unfortunate to run for the presidency against Trust Co., at 294 U.S. 240; Norman v. the well-known, popular, and successful John C. Holmes served as a U.S. adminis- Baltimore & Ohio Railroad Co., 294 U.S. James Madison. Additionally, further ambi- trative law judge for 30 years, retiring in 240 (1935); Nortz v. United States, 294 U.S. tions toward the presidency were curtailed 2004 as chief administrative law judge at the 317 (1935); and Perry v. United States, 294 due to Clinton’s poor health; he passed away U.S. Department of the Interior. He current- U.S. 330 (1935). ly works part time as a legal and judicial at the relatively early age of 56. Morris found President Herbert Hoover, working to consultant. that Clinton and William Gibbs McAdoo save the failing national economy and to win were both outstandingly credentialed, and re-election in 1932, accused Democratic can- he asserts that Clinton probably would have didate Franklin Delano Roosevelt of seeking been an outstanding president had timing to end the gold standard. Hoover claimed permitted it. that Roosevelt was reckless and would Wendell Willkie, crushed by Roosevelt’s undermine such stability as was present in fourth presidential victory in his first and the economy. However, after Roosevelt won only campaign for election, is usually dis- the election, and as the economy dissolved missed as a lightweight political candidate. in crisis between January and March 1933, Just before the presidential election, Willkie Hoover changed course and begged the

January/February 2019 • THE FEDERAL LAWYER • 59 president-elect to join him in issuing a dec- into the camp of the four justices called the the roles played in the Roosevelt administra- laration to end the gold standard. Roosevelt “Four Horsemen,” who were hidebound con- tion by its economic team—Raymond Moley,1 refused and distanced himself from the servatives led by Justice James McReynolds. Rexford G. Tugwell, and Adolf Berle. These Hoover administration. The Four Horsemen violently rejected any three men were professors at Columbia Uni- By the evening of the inauguration, idea developed by Roosevelt or his congres- versity and came to be known as Rosevelt’s Roosevelt knew that he would have to take sional majority. “brain trust.” Their approach, which Roo- steps to resolve the economic crisis. With The Court’s opinions in the gold clause sevelt adopted, was to experiment so that Hoover’s secretary of the treasury serving as cases were announced on Feb. 18, 1935. if one approach to lessen the effects of the an adviser, Roosevelt declared the nation’s Justice Hughes authored the opinions and Depression failed, another method would be banks “on holiday” and said they would only was joined by four other justices, which tried. In fact, the gold clause fight was begun reopen under an established grading system upheld the joint resolution with regard to on the brain trust’s recommendation. for their viability. Roosevelt then took to the private debt. The Supreme Court found that The book also describes the fascinating radio airwaves with his “fireside chats” to Congress had the power, under the Constitu- Attorney General Homer Cummings, who pri- explain his actions. tion, to regulate the nation’s currency and to marily argued the gold cases for the govern- Over the next few weeks, members of eliminate this type of lending clause. Justice ment. Cummings was criticized in a newspa- Congress clamored for the loosening of credit Hughes thus adopted the government’s per article for his poor answers to the justices’ to encourage lending. Subsequently, Congress primary argument that steps to end the fiscal questions during oral argument. He had only passed legislation to allow for a rise in infla- crisis necessitated congressional action. become attorney general when Roosevelt’s tion. In support of this legislation, the Roos- Paradoxically, in an 8-1 decision, the original choice, Sen. Tom Walsh of Montana, evelt administration declared that the United Supreme Court declared that Congress died of a heart attack on March 2, 1933, as he States would abandon the gold standard and had exceeded its powers in voiding the traveled to the presidential inauguration. the holding of gold became illegal. Even more gold clause in bonds, such as the Liberty Cummings was a Connecticut lawyer and significantly, in June 1933 a joint resolution Loan. However, Justice Hughes added that Democratic National Committee member. of Congress retroactively and prospectively the Supreme Court, by a 5-4 decision, had He is remembered in Connecticut for his disallowed bonds and other obligations to adopted the government’s fallback position. role as the Fairfield County state attorney. In contain clauses requiring repayment in gold. Interestingly, Roosevelt was listening to the 1924, he entered a nolle prosequi against a Historically, there existed both private decision on a telephone link from Joseph defendant accused of murdering a Bridgeport and public gold clauses. The private gold Kennedy at the courthouse and holding his priest. Based on ballistic tests, Cummings clause was found in promissory notes, signed breath as the Supreme Court announced its became convinced of the defendant’s inno- by a debtor for a bank loan, requiring re- ruling. This decision held that the bondhold- cence. The decision was not supported by payment of the loan in gold. The public gold ers had failed to prove damages. Repayment the community, but was praised nationally as clause was found in government bonds. The in another form, such as government-backed illustrating the duty of the prosecutor to seek government was to repay the purchaser of certificates, did not affect the purchasing justice rather than convictions. This histor- the bond in gold-backed currency. Both pub- power for goods and services. Additionally, ically significant case would later become a lic and private gold clauses were abolished payment in the value of gold would only movie, Boomerang, starring Dana Andrews. by the joint resolution of Congress. amount to unjust enrichment for the lender. Edwards closes his book with an issue Challenges to the joint resolution Justice McReynolds railed against the raised by the voiding of the gold clauses. reached the Supreme Court in 1935. Roo- public bond decision and termed it “ab- Hypothetically asking: What if an emerging sevelt was concerned that if the Supreme horrent.” The joint resolution of Congress nation issues bonds with a guarantee that Court ruled that Congress could not elimi- undercut a conservative protection for lend- the bondholder will be repaid in foreign cur- nate the gold clauses, his fiscal strategy to ers, not just for loans made in this country, rency, such as U.S. dollars? Legally can this increase credit would be left in shambles, but throughout the Western world. Justice nation dispense with the clause? According with additional defaults and bankruptcies McReynolds declared, speaking from the to Edwards, this is an open question that will by borrowers. Roosevelt directed Secretary bench after the chief justice had announced certainly arise in an international court in of the Treasury Henry Morgenthau to devel- the decision: “The Constitution, as many of the future.  op contingency plans. us understood it, the instrument that has Edwards nicely describes the personali- meant so much to us, is gone…. Shame and Henry S. Cohn is a Connecticut judge trial ties and political leanings of the 1935 Court. humiliation are upon us now. Moral and fi- referee who currently serves on the Tax He sets forth the arguments made in the nancial chaos may be confidently expected.” Court, which is located at the New Britain appellate briefs by the lenders, who chal- However, Roosevelt was thrilled by the District Superior Court. Judge Cohn earned his undergraduate degree from Johns Hop- lenged the joint resolution, and the govern- court decisions, joking with his long-time kins University and his Juris Doctor from ment’s response. Chief Justice Charles Evans secretary Missy LeHand and writing a the University of Connecticut School of Law. Hughes led a moderate approach to the New joyous note to his cousin Daisy Suckley. The Deal agenda and authored the 1935 court de- flexibility now available due to the loss of the Endnote cisions, with only Justice Benjamin Cardozo gold clause bolstered the economy through- 1 Edwards credits Moley with coining the dissenting, which struck down the National out 1935 and 1936. term “New Deal,” but its origin is in Mark Recovery Act as “government gone riot.” In addition to the legal history of the bat- Twain’s A Connecticut Yankee in King However, Justice Hughes did not fall tle of gold, American Default summarizes Arthur’s Court.

60 • THE FEDERAL LAWYER • January/February 2019