THE SUPREME COURT HISTORICAL SOCIETY

VOLUME xm NUMBER 4,1992

Society Plans Lecture Series onthe Court's FiveJewishJustices Five-PartSeriesCo-sponsoredbyJewish HistoricalSocietyofGreaterWashin^on

The Society is pleased to over half a century remained both a protagonist of modem announce that plans are American liberalism and an embodiment of its ideal." being finalized for a lecture The program will consist of five separate lectures, each series concerning the five concerning an individual Justice. The lectureswill be given by Jewish Justices who have outstandingscholarswho have devoted much oftheircareers to served on the Supreme Court. study of these individuals. Lectures will be given in the The Society will co-sponsor SupremeCourt Chamber,the RestoredSupremeCourtChamber these five eventswiththeJewish in the Capitol Building and the Senate Caucus Room in the Historical Society of Greater 5 Russell Building. All three rooms have historical significance to Washington. Sheldon S.Cohen, g the Court. The Court sat in what is now the Restored Supreme ofthe firm ofMorgan, Lewis & t Court Chamberofthe Capitolprior to the Civil War. The &nate Bockius is serving as ad hoc | CaucusRoomhasbeen thesiteformostoftherecentconfirmation chairman of the organizing 5 hearings forSupreme Court nominees. The SupremeCourt has committee for the series and is S been meeting in its current Chamber since 1935. O assistingwithplanningandfund- | The tentative schedule for the lectures is as follows: raising. ° The Court's last Jewish Justice, Abe Examining the lives and Fortas, will he examined ina talk by March 4, 1993 careers of some of the most Professor Bruce Murphy, of Penn Lecture on Louis Brandeis by Prof. Melvin Urofslg'. Pro fascinating and memorable State University. fessor Urofsky is a professor ofHistoiy at Virginia Common individuals to have served on the Supreme Court, the serieswill wealth University. His published works include Big Steeland focus upon thecareersofLouis the Wilson Administration (1969), the \>nze-\nnningAmerican ^ FelixBrandeis,Frankfurter,Benjamin Cardozo,Arthur --con tin uedon pagesix Goldbergand Abe Fortas.The subject matter of the series includes complex and rich 3niHemoriam personalities such as Louis D. Brandeiswho "inventedsavings It iswith great sadness that we report the death of long bank life insurance and the time QuarterlyEdiiorand SocietyFirstVicePresident,Alice preferential union shop, Louise O'Donnell. becameknown as the 'People's Miss O'Donnell's association with the Supreme Court, Attorney,' and altered American the Society,and the federaljudicial systemas a wholewasa jurisprudence as a lawyer and long-standing one. Sheservedon AssociateJusticeTom C. Supreme Court Justice." Clark's staff from 1949-1967, and before that on his staff Another lecture will deal with whenhe was AttorneyGeneral from 1945-1949. Felix Frankfurter, referred to During hertenurewith Justice Clark shecompleted her as "brilliant,mde, warmhearted, law degree atGeorge Washington UniversityinWashington, 'ThcCourt'sfirstjcwishjustice,Louis self-important, charming, D.C. and she was admitted to the Supreme Court Bar in D. Brandeis, will be the subject of a , t„ii,1 » ,lecture , ^byProfessor \Melvin - ITUrofekyr 1., brusque,." V-' talkative,i- i-. but never -continnedonpagefour of the University of Richmond. borillg. PcllX FfBllkfurtcr fOF A Letter From the President sively to that aspect of the Court's duties. Circuit riding was great people; and to bestow upon themunexampled prosper- attacks on the latter fromthe circuitbench, and hispassionate provided for by the JudiciaryAct of1789,which established three ity"(119). Jeremiads are included in thisvolume. Butwhatcomes through circuits (composed respectively of New England, the middle What is even more interesting is the aristocratic gjoss the here ishow much the otherjustices sharedhisviews-how all of most critical funding states, and the southern states) and required the Justices to hold Justicesputontheirrepresentative duties-agloss thatplaces them them operated on the conservative premises of the English need during the two sessions of the circuit courteach year. Until 1793,twoJustices 'quarely within the deferential political culture of the late eigh common law tradition. dlP^'^-years is, were required to sit with the federal district judge in each district teenthcentury. WhenJusticePatersoncomments on thehospital Take forexample Ellsworth's charges to the grand juryfor without doubt, the (state) oftheir assignedcircuit;after that date onlyonejusticewas ityand generosityofthe"gentlemen ofCharleston," (142) orwhen the district ofNewYork, April 1,1797, inwhich helashes out required. Circuit assignments varied throughout the decade, Iredell describes to his wife the "small but genteel society" the in pulpit rhetoric against the "hateful influence of those •• ^ Project of the which meant that justices from northern states often had to ride "pleasing civilities" ofPortsmouth, New Hampshire (45), ofbeing elements of disorganization, &tenetsof impiety," the"spirit ^A 7 Supreme Court of the middleor the southemcircuitsandjusticeswhosehomeswere entertained bythe governorof Maryland (178), weare reminded of party which poisons the source of public confidence, and A In^^l fhe United States, in the South sometimes worked the middle or New England ofthe factthat thejusticesbelongedto the political and social elite palsies the hand of the administration;" and that which un 1789-1800. It circuits. oftheir respective states.That noblesse oblige wasalive andwell leashes foreign influence, the "destroying angel of republics" probable, in light of Thedocuments in this volume, most ofwhich are now available among theJustices issuggestedby theirAnglicized wigs androbes. ( 159). Justice Gushing got soheated upinRichmond, Novem '^j the for the first time, include the personal correspondence of the Even moreto the pointwas the didactic, oftenpatronizing, tone ber 23, 1798, that he called on "AN ANGEL OF DELIVER- stantialmembership justices dealing with circuit duties and their charges to circuit of their jurycharges. The justices on circuit were in fact more ANGE;" in the person of George Washington, to rescue the grandjuries arrangedby circuit and year.Jury responses to the directly in touch with the people than either of the political republic. In fact, the justice cast himself in the same heaven years that many charges are reprinted when available asareothercontemporary branches of the national government, and like the itinerant appointed role. Armed with true law he would rescue "liberty ^^Hj^^^HL—^^HL—J^^HallH our members are reactions to the charges and to the circuitjudges themselves.The evangelicals of an earlier agethey rarelymisseda chanceto teach and property,""virtueand piety,"extirpate"allcombinations Leon siivennan unfamiliarwith the editors provide brief, but useful introductory essays preceding and preach. Thus we hear Justice Paterson in hischarge of April of foreign influenceand intrigue, of internal anarchy discord, Project. Since it is eachyearofthecircuit, whichkeepthereaderabreast ofpersonnel 2,1795, to the grand jury for the district of New Jersey declare: misrepresentation, calumny and falsehood, operating from the Society's single largest research endeavor, I think it appro changes ontheCourt,statutorychanges affectingthe circuits, and POLITIGAL, ambitious and selfish purposes;" and subdue priate to better familiarize those members who are not well the shifting political scene. Appendices include several undated The best and most effectual method of "allimpious attemptto root out of men'sminds every trace of informed of its history and objectives with some detail about circuit charges ofJustice Paterson, congressional legislation down preventing the commission of crimes is to Christian andnatural religion:" On hishit listwere"democratic this worthwhile program. to 1800 dealing with the circuits, and a circuit calendar that render the system of education as general societies," thelicentious press, andthose (debtors who argued The Project has been under the direction of Dr. Maeva includes attendanceinformation aswell asthe places anddatesof and perfectas possible The mind, without against paying British debts) who declared anunprovoked war Marcus since its inception in 1977. It is co-sponsored by the court sessions as assigned by statute. A bibliography of works literature or science, is in a rude and dark upon property" and whose evil ways have caused untold Supreme Court andtheSociety, andour costs are underwritten consulted and an extensive indexadd to the accessibility of the state, and incapable of high or useful exer suffering to"widows andorphans" across the land. Opponents by substantial annual grants from the National Historic Publi materials. tions ... (11). To act well our parts in society, oftheJayTreatywerealsodesignated public enemies (305-6). cations and Record Commission (NHPRC) and the William Several importantthemesemergefrom thesedocuments, the ^ wemustknow thetrueinterest ofthecommu- Gushing wenton in thisveinsolongthat he promptedonewag Nelson Cromwell Foundation, as well as some otheroccasional first of which is that circuit riding was demanding and frustrating flp P nity in which we live; to perform in a proper to question how it was that "an annual speech of60 lines from contributions. work-somuch sothatitdrove sittingjustices intoearly retirement manner the various duties incumbent upon a British kinghas given birth to an annual speech of from3 to The Project has published four volumes to date of an and worked to keep good men off the court. While it is true that us as men and as citizens, we must know 600byan American president, 1000from a stategovernor,and anticipated eight-volume series. I will not attempt in this occasional letters praise the beauty of the countryside, or the whatthose duties are, whatweowetoothers, from 2000to 6000 from a federaljudge'?" (317). column to describe them in great detail. Rather, I would refer generosity of local hospitality, the predominant motifis one of and what is dueto ourselves. Knowledge lies As political passions intensified after 1798—fueled by the you to a recently published review of Volume 3 from the Fall, complaint: about the condition of the roads, the weather, the at the foundation of social order and happi XYZ disclosures, the Fries Rebellion, the Alien and Sedition 1992 edition of Law and History Review, published by the absence of reasonable accommodations, and of the toll taken on ness (12). acts, and the Virginia and Kentucky Resolutions-so did the American Society for Legal History. The review provides an family life byprolonged absences twice a yearon topofthe two Gourt's efforts inbehalf of lawand order. Federalist style. The excellent description of the contents of Volume 3 as well as annual sessions of the full court in Washington. The justices Justices Gushing,Ellsworth,Iredell, and Chase, whosecharges charges from 1798 to 1800, for example, contain extremely some commentary from an independent scholar. Professor R. especially objectedto circuit assignments outsidetheir own sec were if anything even more didactic and ministerial than valuable material concerning the doctrine of seditious libel, Kent Newmyerof the University of Connecticut, attesting to tionsand negotiatedwitheach other to avoid them.There were Paterson's, likewise assumed that they were bringing light and the federal criminal common law in general, the meaning of the Project's value in advancing our understanding of the structural anomalies in the system, too, the main one beingthat wisdom to the benighted people. The deferential responses of citizenship, and the emerging doctrine of treason. Court's first decade. justices in Washington sat in review of cases they had tried on juries tothese charges, some ofthemost interesting documents in The arrogant tone and the openly Federalist bias of the I expect a forthcoming issue ofthe Quarterlywill include a circuit. the volume,echo the elitistassumptions ofthe justicesthemselves. charges produced a barrage of anti-court criticism in the morecomplete description ofthepublished volumes andthose Congress made some adjustments in the system over the Giventheir assumption that theywere the specialguardians opposition press, a nice samplingofwhich is included in this planned for the future. years but, except for the short lived Judiciary Act of 1801, of republican civilization and given the fact that political volume. One critic ofjudicial elitism, writing inthe New York The contributionthis Projecthasmade,andwill continueto retained the basic form established in 1789. Apparently the divisions of the 1790s increasingly turned on the belief that Argus, April 11, 1797, blasted Ghief Justice Ellsworth for his make, tothelegal historians who areexamining, orwill examine lawmakers realized the fragility of nationalauthority and the civilization itselfwas at risk, it was perhaps inevitable that the patronizing, preachy style and his "transatlantic prejudices" the early years of the Court's activities, is invaluable. The importance ofcircuit riding in bringing federal law directly to judges should get sucked intothe vortex of partisan conflict. (161). Another declared that the Justices had become a band Society may well beproud ofitsrole inpublishing these works. the people. The documents in this volume make it abundantly Judging from their charges theymarched offwith a grim and ofpolitical preachers, insteadofa sage body to administer the clear that thejusticesthemselves understood the factthat they self-righteous determination and not a littleparanoia to pre law" ( 187). It is hard to disagree, and making the point so Editors'Note: Thefollowing bookreview, written byProf. R.Kent were the traveling representatives of a yet-to-be-legitimated servelawandorder.Thejustices.Federalistappointeesall,not convincingly setsthestage forunderstanding theinstitutional Newmyer, firstappearedinLaw andHistory Review, Volume 10, national authority. Thus could Justice Ellsworth remind the surprisingly concluded that danger to republicanism came history and jurisprudence of the Marshall period. Much has Number2, Fail1992. The Societythanks ProfessorNewmyerfor grand jury empaneled in Savannah, Georgia, April 25, 1796, from the radical, Jacobinical ideas unleashed by the French been said about therelation oflaw and politics under Marshall- permittingitsrepublicationhere. that [t]he national laws are the national ligatures andvehicles Revolution- "the wholebloody reign of Robespierre and his -some scholars arguingthattheGhiefJustice separated thetwo oflife. Tho' they pervade acountry asdiversified in habits, as •accomplices;" as Gushing put it in 1798 (309). The judges were and some that he conflated themwitha vengeance. Wherever Given theimportance ofcircuit riding inthework oftheearly it is vast in extent, yet they give to the whole, harmony of ^ually persuaded that the Democratic-Republican party was thetruthlies, it is clear that the starting point ofany analysis Supreme Court, it is entirelyappropriate that Volume 3 of the interest, and unity ofdesign. They are the means by which it the chief repository ofthose unhinging ideas. Students ofthe must be the 1790s. The documents in this excellent volume DocumentaryHistory ofthe Supreme Court be devoted exclu pleases heaven to make of weak and discordant parts, one period are, of course, familiar with Justice Chase's political helps immensely in that chore. Georgia The Hon. Stephen N. Limbaugh, St. Louis South Carolina Edward J. Coleman, III, Esq., Augusta Ms Nancy D. Hawk, Charleston ^n^Httnonam(continuedfrompageone) Miss O'Donnell had attained Life Membership status in the Jay D. Gardner, Esq., Savannah Nevada Mr. Henry B. Smythe, Charleston 1964. Society. She was first elected as a Trustee in 1975, and was j^^Barbara G. Moon, l&q., Jonesboro Mr. Richard W. Wert, Las Vegas Thomas Waring, Esq., Charleston Miss O'Donnell joined the staff of the Federal Judicial currentlycompletinghersecond threeyear term as First Vice ^Poavid E. Stahl, Esq., Atlanta Center in 1969 and in 1973 she became the Director of the President. She was also Editor for the SCHS Quarterly. David Sinclair Walker, Jr., Esq., Lilbum New Hampshire South Dakota FJC's Division of Inter-Judicial Affairs and Information Recounting Miss O'Donnell's devotion to her work with Professor Stephen Werraiel, Atlanta The Honorable Joseph P. Nadeau, Durham Mr. Robert B. Anderson, Pierre Services—a position she held until her retirement in 1990. the Society, President Leon Silverman stated: RichardH. Battey,Esq., Rapid City Miss O'Donnell also played a key role in founding the Hawaii New Jersey Fredric R. Cozad, Esq., Martin Jeffery S. Clark, Esq., Haddenfield Michael DeMersseman, Esq., Rapid City Supreme Court Historical Society in 1974. Indeed, Retired Alice O'Donnell was a loyal friend tothe Society. Her HarryYee,Esq.,Honolulu Francis X. Crahay, Esq., Newark Lewayne M. Erickson, Esq., Brookings ChiefJustice Warren E. Burger observed at her passing: work on our publications was of inestimable value. Her ' Idaho Mrs. SallyAnn Darnoi, Ocean Township Martin P. Farrell, Esq., Hot Springs comments in Executive Committee meetings, were Alan Kofoed, Esq., Boise Russell W. Grayson, Esq., Plainfield Robert B. Frieberg, &q., Beresford Alice O'Donnellwas a member ofthe small Historical thoughtful and considerate. All of us on the Society's Leslie Thullen Kunick, Esq., Hailey Thomas G. Heim, Esq„ Woodbury Heights David A. Gerdes, Esq., Pierre Advisory Committee, which we appointed in 1970. This Board of Trustees will miss her for the continuing t ScottHeidepriem,Esq., Sioux Falls in turn lead to the incorporation of the Society, and Alice contributions she made to foster this organization's Illinois New Mexico Glen H. Johnson, Esq., Rapid City wasoneoftheincorporators. She has been afaithfuland growth. K.Tate Chambers, Esq., Peoria M. B. Kaminski,Esq., Albuquerque The HonorableGeorgeS.Mckelson, Pierre productive member of the Judicial Branch and will be C. Philip Curley, Esq., Chicago Karl H. Sommer, Esq., Santa Fe George J. Rice, Esq., Aberdeen long remembered. Memorial services were held for Miss O'Donnell in R. Wayne Harvey, Esq., Peoria New York WashingtononJanuary12,1993. Herfamily members returned MaryLee Leahy, Esq.,Springfield Texas MichaelP. Seng, Esq., Chicago Dennis J. Block, Esq., Port Washington Colin B. Amann, Esq., Houston In additiontobeingoneoftheSociety'sfoundingmembers. her to her native State of Washington for final services. Robert Burns Budelman, Jr.. Esq., New York Marie Collins, Esq., Houston Indiana Thomas M. Campbell, Esq., New York Tom Cunningham, Esq., Houston Donald W. Pagos, Esq., Michigan City Kenneth A. Caruso, Esq., New York Thad T. Damens, Esq., Houston Membership Update George Douchkess, Esq., New York Mr. S. Grant Dorfman, Houston Louisiana Philip Douglas, Esq., New York Harold B. Gold, Esq., Dallas The following members have joined the Society between September 1,1992 and December 15,1992. Names and honorifics LeRoy A.Hartley, Esq., New Orleans Mr. Joseph Francis Ferrette, North Bellmore Samuel D. Griffin, Jr., Esq., Lufkin appear as they do on membership applications. Janice Montague-Myles, Esq., Plaquemine Mr. & Mrs. Gedale Horowitz. New York John David Hart, Esq., Fort Worth Hoffer Kaback, Esq., New York Ms Bonnie L. Hobbs, Houston Alabama Alaska Michael R. Totaro, Esq., Malibu Alan S. Katkin, Esq., Staten Island Mr. Marshall Horowitz, Houston R. D. Thorington, Esq., Montgomery James N. Barkeley, Esq., Anchorage John K. Webb, Esq., Newport Beach Maine Malcolm L. Lyons, Esq., Augusta Andrew A. Levy, Esq., New York Mark A. Huvard, Esq., Houston Robert B. Tuten, Esq., Huntsville James M. Gorski, Esq., Anchorage Jack Williams, Esq., Glendale Charles L. Nickerson, Esq., Sanford Mr. Stephen A. Radin, New York Professor Robert S. Marsel, Houston Kenneth M. Gutsch, Esq., Anchorage Constance P. O'Neil, Esq., Bath Steven S. Rogers, Esq., New York Les Mendelsohn, Esq., San Antonio Matthew K. Peterson, Esq., Anchorage Connecticut ^ John H.Rich, III, Esq., Portland Richard Rotham, Esq., New York Wayne A. Reaud, Esq., Beaumont Frank A. Pfiffner, Esq., Anchorage Dr. Ira Bloom, Cos Cob Robert C. Robinson, Esq., Portland Philip R. Schatz, Esq., New York Mr. Jonathan Ross, Houston Earl M. Sutherland, Esq., Anchorage Stuart Jay Filler, Esq., Bridgeport William G. Scher, Esq., New York MarcusF. Schwartz, Esq., Hallettsville William R. Murphy, Esq., New Haven Maryland Vincent F. Siccardi,Esq.. Ozone Park Ms Kris Thomas, Houston The Supreme Court Arizona Robert F. Vacchelli, Esq., Glastonbury Professor Michael D. Boyd, Hagerstown SpencerWeberWaller, Esq.,Brooklyn Mr. David Wille, Houston Frederick M. "Fritz" Aspey, Esq., Flagstaff Historical Society C. Gordon Haines, Esq., Baltimore Joseph P. Martori, Esq., Phoenix Delaware Laura A. Ingersoll, Esq., Bethesda North Carolina Vermont K. Layne Morrill, Esq., Phoenix Melvyn 1. Monzack, Esq., Wilmington Mr. Michael Lavine, Potomac Mr. Kevin L. Nelson, Buies Creek Mr. Robert P. Davison, Jr., Stowe The Honorable Barry C. Schneider, Phoenix Quarterly Bruce A. Rogers, Esq., Georgetown Ms Monika Lindmayer, Potomac Mr. William H. Pruden, III, Raleigh Roxanne K. Song Ong, Esq., Phoenix John H. Small, Esq., Wilmington Published four times yearly in Jeffrey F. Liss, Esq.,Chevy Chase Virginia James Sandors Tegart, Esq., Phoenix Ohio Spring, Summer, Fall and Winterby Ms Kristen Marshall, Baltimore Mr. Sam Almala, Sterling District of Columbia Mr. William K. Van Home, Baltimore Maryann B. Gall, Esq., Columbus The Honorable Martin V. B. Bostetter.Jr., the Supreme Court Historical Soci California Mr. Charles H. Atherton Gregory Vincent Hicks, Esq.,Warren Alexandria ety, 111 Second Street, N.E., Wash John Lawrence Allen, Esq., Carlsbad Laura H. Hamilton, Esq. Massachusetts Barbara R. Wiethe, Esq., Cincinnati Mr. Scott E. Dupree, Arlington ington, D.C. 20002. Tel. (202) 543- Mark T. Brisebois, Esq., San Diego Deborah J. Jeffrey, Esq. Mr. Daniel B. Rosengarten, Dracut Mr. Clem R. Kyle, Williamsburg 0400. Distributedto membersofthe Deborah M. Croft, Esq., San Diego Kenneth J. Kies, Esq. Daniel J. Sheridan, Esq., South Hadley Oklahoma Ms.Ann SouthardMurphy, Alexandria Society, law libraries, interested in George A. Finnan, Esq., Palo Alto Betty Southard Murphy, Esq. Michael P. Sheridan, Esq., South Hadley CharlesE. Drake, Esq., Stillwater Mr. RichardE. Taylor, Fredericksburg dividuals and professional associa Clifford Gardner, Esq., San Francisco Thomas H. Odom, Esq. Zina Tillona, Esq., Amherst Douglas L. Inhofe, Esq., Tulsa Gilbert T. Gembacz, Esq., La Canada Andrew W. Lester, Esq., Oklahoma City Washington tions. Paul Rosensweig, Esq. Professor Bernard Wolfman, Cambridge Mr. Dick Grosboll, San Francisco Dr. John W. Schneller David F. Jurca, Esq., Seattle Michael John Hassen, Esq., Oakland Michigan Pennsylvania Editor James Kashian, Esq., Los Angeles Florida WilliamJ. Brennan, Esq., Grand Rapids Richard L. Cantor, Esq., Norristown West Virginia Alice L. O'Donnell Justice & Mrs. Marcus M. Kausman, Richard D. Connor, Jr., Esq., Orlando PaulE. Richards,Esq.,Grosse PointeWoods Mr, Jack W.Hartman,Pittsburgh Mr. David C. Hardesty, Jr., Ripley Managing Editor Newport Beach Clifton C. Curry, Jr., Esq., Brandon John M.McElroy, Esq., Pittsburgh Gary J. Martino, Esq., Fairmont Kathleen Shurtleff Pamala J. King, Esq., Los Angeles Jorge A. Duarte, Esq., Miami Minnesota Sharon R. Meisler, Esq., Glenside Michael B. Victorson, Esq., Charleston Assistant Editor Richard E. McCain, Esq., Santa Ana Alan G. Greer, Esq., Miami James L. Sifferie, Esq.,Bloomington Mr. Raymond K. Walheim, Malvern Jennifer M. Lowe Moreno, Purcell & Schindler, Santa Monica David Keith Kelley, Jr., Esq., West Wisconsin Craig G. Riemer, Esq., San Bernardino Consulting Editor Palm Beach • Mississippi Puerto Rico Mr. John C.Ahlgrimm, Racine Maureen J. Shanahan, Esq., Malibu Roberto Lefranc, Esq., Santurce RobertA. Slattery, Esq.,Milwaukee Kenneth S. Geller Manuel R. Moreles, Jr., Esq., Miami D. Scott Yeoman, Esq., Pontotoc Douglas R. Shaw, Esq., San Francisco Catherine M. Rinaldo, Esq., Tampa Doris Hale Slater, Esq., Pleasanton Japan James M. Russ, P.A., Orlando Missouri Rhode Island R. Bruce Tepper, Jr., Esq., LosAngeles William Perry Brandt, Esq., Kansas City John T. Walsh, Jr., Esq., Providence Professor Taisuke Kamata, Kyoto 4 5 Lectures (continuedfrompageone) sociate Justice Felix Frankfurter from will be introduced by United States Sena Alfred Moore: The Court's Last North Carolinian 1955 to 1957. He is currently nearing tors Mitchell, Lieberman and Ford who Zionism from Herd to the Holocaust completionofan exhaustivebiography have been very supportive ofthe program byJames M. Buchanan (1975), Louis D. Brandeis and the Pro ofBenjaminCardozo. SenatorMitchell andwhohave been instrumental in arrang-^k gressive Tradition (1981), as well as his will introduce this ecture in the Senate ing for theuse ofthespace intheCapitol^^ Editors'Note:In addition toMr.Buchanan'swork, wehaveused Mooreandhisfamily promptedhimto resign hiscommission and r^centhodk, FelixFrankfurter. Judicial Caucus Room. Building. anexcellentpamphletenfif/edNamesake byRobertMason, pub- retum to manage the family plantation, "Buchoi," on Ea^es RestraintandlndividualLiberties (1991). Each lecture will have limited seating UshedbytbeMooreCountyHistoricalAssociation. Anothersource Island near Wilmington. The respite from the battlefield was Prof.Urofslq''slecturewill takeplacein AprU 19, 1993 available. Seatingcapacity for the lectures /or thep/ecewasThe DocumentaiyHistoryoftheSupreme Court short-lived, however, and Moore took command of the local theSupremeCourtbuildingandwill be Lecture on Arthur Goldberg by will vary according to the size ofthe cham of the United States: 1789-1800, Volume I. Photographs in this militiawhowerebusilyharassingBritishlinesaround Wilmington. introduced by Justice Sandra Day Emily VanTasselof the FederalJudi ber in which the lecture is given. article were made available by the North Carolina Division of The British retaliatedbyburainghisplantationbuildings, carrying Reservations for all five lectures in the O'Connor. cial Center. Ms. Van Tassel taught at ArchivesandHistory. off his slaves, and destroying his crops. Following the British Georgetovm University and worked on series are expected to cost $60.C)()~which Alfred Moorewasbomon May21,1755,inBrunswick retreat from Wilmington in 1781 Mooreserved outthe will include the cost of the receptions fol March 18, 1993 the staffof the DocumentaiyHistoiyof County, North Carolina, a town inthesouthcJames Iredell be given in the Senate Caucus Room The modest cost for the series is being amongthe gentryclass ofCaroIina land- / dv »9BP \ (^'tom he would also succeed on the and will be introduced by Senator made possiblebyseveralgenerous co-spon owners who made their fortunes in I * 1 Supreme Court oftheUnited States) Geoi^e Mitchell. sors to theseries. To date, thesponsors for navalstores,lumber and planting. The asAttomey General. During his eight theprojectinclude: SondraBender,Marvin family's political influence matchedits year tenure, Moore shaped theoffice Eisenstadt, the firm of Morgan, Lewis & wealth: Alfred's great uncle, James and defined its function. Bockius, and the Brandeis University Moore, served asgovernor of the prov- ^ state's chief law officer, he Alumni. inceofSouth Carolina and his grandfa- often found himself at the bar opposite All members of the Supreme Court ther had donated .120 acres from his his friends Iredelland William R.Davie. Historical Society and the Jewish Histori- more than 83,0(X) acre holdings to create Together, theyconstituted thebest legal cal Society of Greater Washington wiU minds ofthestateduring thattime. In1785 receiveaninvitationtotheseries, outlining Following the death of hismotherand the state honored Moore, age thirty, by the schedule and costs involved, accompa the remarriageof his father,Alfredwassent naminga countyafterhim. Moore also worked nied by a reservation form. Members are to Boston at agenine forhisformal education. with his friend Davie to establish the University encouraged to make their reservations There, according to family lore, he caught the of North Carolina, and served as a trustee to the early, as space is limited. attention of the commander of a British garrison, AssociateAssocifltc JusliJustice AlfredAltred MMoore university for nearly the remainder of his life. who offered the thirteen year old an ensign com- 1800-1804804 lnl787Mooreandlredellmetheadlongoverthe mission. The boy turned him down. nowfamous caseof Bayardv. Singleton. The case Upon his retum toNorth Carolina, Moore studied law under grew out ofan act passed by the state legislature that required its Associate Justice Felix FrankAirter Will be the focus the direction ofhis father. By 1775 he was ready for the bar and courts todismiss, upon petition by defendant, any claim made by of a paper to be delivered by Professor Michael the altar, for he was married toSusanna Elizabeth Eagles, also of Tories toland confiscated by North Carolina during the Revolu- Parrishof the University of California at San Diego. Brunswick, at about the same time as his admission to practice tion and subsequently re-sold. In 1785 a suit was brought by the before the state's courts. daughter of Samuel (Cornell, awealthy Tory and former resident Mxf 13, 1993 ^ @ JB I In the same year he took up arms against the British. Along of the state who had left for England at the outbreak of the lecture (Ml AbeFortas bvProf. Bruce f lL'1 ' ' with his brother, Maurice, Moorejoined the First North Carolina Revolution. Eight days before a confiscation bill passed the Benjamin N. Cardozo, the Court's second Jewish Murphy ofPennsylvania State Univer- I RegimentoftheContinentalLine,whichwascommandedbytheir legislature, ComeUwflled his daughterthe land. The defendant and Justice, will be the topic of a lecture by Professor sity. Prof.Murphy is theauthorofthe uncle Colonel James Moore. As captain and company com- present owner ofthe land claimed title by virtue ofadeed from Andrew Kaubnan ofHarvard Law School. biography Fortas: The Rise andRuin of ' mander, Alfred fought in the battle of Moore's Creek Bridge and the state superintendent of confiscated estates, a Supreme Court Justice and The ^ later served under his cousin. Major General Robert Howe, atthe Moore moved for a dismissal under the confiscation statute March 25, 1993 Brandeis-Frankfurter Connection, B battle of Charleston. iredell, joined by his brother-in-law Samuel Johnston, Lecture on Benjamin Cardozo by among other works. Justice Anthony Despite their wealth, political influence and rank in the argued that the act violated the due process clause of the state Prof. Andrew Kaufman of Harvard Kennedy introduce lecture in armed forces, the Moore family paid dearly in the quest for constitution which guaranteed trial by jury. The court, hoping University. Prof. Kaufman is the the Supreme Courtbuilding. | American independence. Not long after the Moore's Creek that the legislature would repreal the act, deferred action only to Charles Stebbins Fairchild Professor Bridgecampaign, Alfred'sbrotherMauricediedinaskirmish.Six be answered by an enraged assembly who clamored for theu" atHarvardLawSchool and the author Thelecture seneswill beintroduced by I months later his father and uncle were killed on the same day. heads. The legislature then began an inquiry into their near- Justice Sandra Day O'Connor who wiU ..' of Commercial Law and Problems in . rfc r 1 • TT fi 9 AssociateJusliceArthurGoldbergwillbethetopicof Moore's sister's husband, Francis Nash, took over the command treasonous behavior. Despite the political storm caused by the Professional Responsibility. Prof. present Professor Melvin Urofsky as the ,„addn>ssbyEn.ilyVanTasselofU.eFeden.lJudkial from Colonel Moore and fell at the battle of Germantown. case, the judges were exonerated. Emboldened, they ruled that Kaufman served as a law clerk to As- first speaker ofthe series. Otherspeakers Center. The series of tragedies that befell the twenty-three year-old -continuedon nextpage 7 MOOrG (continued^ompreviouspage) created an additional district and divided the circuit duty into After deliberation. Pres. Adams nominated Alfred Moore to "East and West Ridings", adding an additional judge and the theSupreme Court on December 4,1799. Senate confirmation theconfiscationstatutewas unconstitutionalbecauseeverycitizen solicitor general to help compensate for the extra work. In was obtained justsixdays later,but Moore didnot take theoath had a right to a trial by jury for which the statute did not provide. addition, it calledfor theattomeygeneral andthesolicitorgeneral of office untilApril 21,1800, at the Circuit Courtof the District The case proceeded and the plaintiffs lost before a jurywho had to consult together and divide the duties in the ridings. It of Georgia in Savannah. little sympathy for the cause of Loyalists. The action of the provided for the solicitorgeneral to have "thesame power, and Moore's five years on the Court were by all accounts superior court judges constituted the first act in which a court be under the same restrictions and have the same allowances unremarkable. Theoneopinion hediddelivercaused anoutburst declaredunconstitutionalan act oflegislature. As such it provided and fees of the attomey general...." It is unclear why Moore of criticism and condemnation from Anti-federalists. The 1800 a precedent for the doctrine of judicial review adopted by the objected tothis plan, but he resigned as soon as John Haywood, case, Bas v. Tingy, came at a time when partisan feelings were Supreme Court in its landmark Marbury v. Madison (1803) who had been the state treasurer, became solicitor general. runningatfeverpitch. TheCourtheldthatastateoflimitedpartial" decision. In 1792 Moore retumedtothestatelegislature andthreeyears war existed between the United States and France. The decision Moore's pohtical activities were not hindered by his attomey later made an unsuccessful bid for the U.S. Senate, losingbyonly buttressed the Federalist anti-French policy, both foreign and generalship. Appointedbythe legislature to represent the state at one legislative vote to Democratic-Republican Timothy domestic. DemocraticRepublicans,alrea(fyincensedoverthepassage theAnnapolisConventionin 1786,he stoodfor electionto the first Bloodworth. Moore's Federalist loyalties drew the attention of and enforcement ofthe Alien and Sedition Acts,whidi were hostile to state ratifying convention but his federalist orientation lost him President John Adams who appointed him, in Januaiy 1798,one foreigners and imposed stiff penalties for criticizing the government, the jxjst. Following the faflure of the state to ratify the con of three commissioners to conclude a treaty with the Cherokee exploded in rage. Calls for impeachment ofthe entire Courtappeared stitution, Moore again fought for a delegate's slot at the new Nation. He withdrew from negotiations, however, before the in Anti-federalist newspapers throu^out the country. ratifying convention. This time success was his, and joined by treaty was signed, and soon began service on the North Carolina The Bas case was to Moore's only contribution to Supreme fi-iends Davie and Iredell, he pushed ratification through. Superior Court. Courtjurisprudence. Theremainde rofhiscareer became astory Moore continuedhis service as attomeygeneral until January Upon the death of Associate Justice James Iredell, Adams ofmissed opportunities. Hemissed thebiggest case, Marbury v. 1791 when he resigned his post in protest of the legislature's considered appointing Davie to fillthe Supreme Court seat, but Madison, because of a delay in traveling from his circuit riding creation of a solicitor general's office. Part of a plan conceived by the North Carolinian had just been made diplomatic envoy to assignment ontheSouthem circuit. Hearrived intime onlytohear the legislature to ease the burden on the existing members of the France.John Steele,a nativeofSalisbury,wasservingasComptroller a final witness anddidnot participate inthe decision. state'sjudicial system, Moore apparently viewed the creation of of the Treasury, an appointmenthehadreceivedfrom Washington Along with Moore,William Richardson Davie was one of the great legal figures PerhapsMoore'srelativeobscurityontheCourtwas dueinpart of North Carolina during the Colonial Era. Bom in England, he immigrated to to the arrival of John Marshall as Chief Justice in 1801. In a the new position as an incursion on his ownpowers. Thelegislation in 1796 and which he held until 1802. Steele resolved to make a North Carolina atthe age of 8 and hadjust graduated from Princetonat the time the Revolutionary War broke out He and Alfred Moore worked together on biography of Moore written by Robert Mason, Mason quoted many occasions and collaborated in founding the University of North Carolina, Hampton C.Carson's theory that'"owing to the practice which prevailed after Marshall ascended to the bench of makingthe suggestion to Adams, and in a letter dated November 13,1799, Chief Justice the organ of the Court,' the five associatejustices ( written to John Haywood, Steele asked Haywood's opinion of assumed near-anonymity." Mr. Mason went on to observe that Moore as a possible candidate. [tjhere is good reason to believe, nevertheless, that the * it 4 'l Can Iwith justice to the United States, and to individuals court under Marshall formed a solidfront principally to ward recommend Alfred Moore? Will he appear with reputation offencroachments upon itsauthority by the Presidentand out of No. Carolina? I am extremely anxious that all Congress. It is especially significant that no dissenting or appointments which I may have any agency in bringing concurring opinion was delivered in Marbury v. Madison, about should be f[illed?] with men possessing dignity of the1803 orderinwhich Marshallwrote thedoctrineofjudicial characterand talentto beuseful intheirpublic stations, and review, although Moorehad taken a contrary position inthe ornamental members of society. Although Mr. Moore ... case Bayard v. Singleton may never know it, Ihave concluded to mention him to the President. Inever had intercourse enough with him to be Given what we know of Moore's strong temperament, it considered an acquaintance, much lessafriend, w[hi]ch seems unlikely that he would have acquiesced to Marshall I very much lament. His public & private character simply to provide a united front. It seems far more likely that however Ihavealways respected,andthatforthepresent Moore agreed with Marshall and therefore voted with the occasion isenough. Say nothing of this. You will perhaps majority. Manyaccounts have been given ofMarshall'spersuasive hear more of it... . personality andcharm, andMoore appears tohave been suscej> tible to him as well. Marshall and Moore were on friendly terms t> A newspaper article datedDecember 3, 1799, published ina andfrom thediaiy ofMaude Waddell, a Moore descendant, we Philadelphia paper called Aurora, intimated that several leam that Moore's "practice was togo in his coach from North individuals wereactively seeking the vacancy. Carolina toRichmond, there meet Judge Marshall, andaftera few days [at Marshall's home] proceed by coach" toWashington for Although the grasshasnot yet hadtime for growing over theSupreme Court term. Undoubtedly thetwo discussed many the grave ofthe late judge Iredell, it is said (and believed) that matters during their visits in Richmond and during the carriage Mr. Jerey Smith of New Hampshire, Mr. Ames of Mas rides to and from Washington, allowing them time to form a sachusetts, Mr. Bourne ofRhode-Island, Mr. Benson ofNew friendship and to discuss opinions. York, and Mr. Harper of Baltimore, had generously offered During his service on the Court, Moore remained in Washing Alfred Moore served as a company commander in the battle of Moores Creek Bridge in 1776, the opening battle of the Revolutionary War in North Carolina. There their services for the federal bench ton only for the duration oftheCourt terms, returning home as the Revolutionaries defeated the Highland Tories who were loyal to the Crown. Later Moore served in the defense of Charleston,where the commanding officer was --continuedonnextpage a Moore cousin, Robert Howe, North Carolina's highest ranking officer in the war. 8 MOOr0 (continuedfrompreviouspage) work bunding the university. He diedshe years lateron October 15,1810, attheBladen Countyhome ofhis daughterAnne and her Taking Artistic License With the Hughes Court soon as he was able. He made few acquaintances in Washington husband Major Hugh Waddell. Judicial circuit-riding and super National Tlieater Dance Group Portrayed the 1936 Court as **Nine Earnest Men** as reflected in his letter of Februaiy 1802written to John Steele vising plantations had taken their toll on the fifty-Gve year-old i at the Treasuiy Department. He wrote Steele to explain that he former Justice. He left hisproperty and estates to his two sons Dance and the Supreme Court mayseem an unlikelycombina Colonists through pioneer days to the present time." had not yet receivedthe quarterly draft for his salary,and to ask Alfred, Jr.andMaurice, andtohisdaughtersAnneandSarah. Still tion, but on at least one occasion, the Court was the subject ofa The ballet was choreographed and performed at a timewhen his assistance in obtaining it. He apologizedfor troublingSteele a minor, Sarah was also provided with money for hereducation dance concert. Societymember, Arthur Hodgson, was a dancer the Supreme Court was receiving great attention from the press saying: "I am ashamed to be so often troublesome to you, but and for "a piano and proper music books." Moorewilled his ina modemballetwhichdepictedthe nine Justicesofthe Supreme forattackingPresident Roosevelt's NewDealreforms. AsJoseph necessity forces me to ask assistance—I know not who else can libraryand "philosophical and nautical instruments" toAlfred, Jr., Court sitting in the spring of 19.^6. Rauh noted in his article, "A Personalized View of the Court- advise me so well as yourself & moreover am acquaintedwith few who would carry on the family name by becoming speaker ofthe Mr. Hodgson was dancing with the Marian Chace-Michael Packing Episode" (SCHS JoumaA-1990) "[t]he Court, in the in Washington & slightlywith that few." North Carolina House of Representatives and mayor of Lx)gan Dance Group. Mr. Logan choreographed the "modem hectic years of 1935 and 1936, invalidated Roosevelt's National Moorereceived a letterof reply from Steeleshortly thereafterin Wilmington. which Steele, among othermatters, reported that the President was By all accounts, Moore numbered among theleaders ofthe planning to renew the practice of circuit riding for Supreme Court North Carolina bar ofhis generation. Abrilliant lawyer, with a . ^ X A Justices. Moorewasappalledbytheideaandon March 20wroteSteele profound knowledge of criminal law, he had "a keen sense of outlining his concerns: humor, abrilliant wit, a biting tongue, amasterful logic, [which] made him anadversary atthebartobefeared." His "judgment... What you intend of the plan for a new Circuit Court will was almost intuitive. Hismanner ofspeech was animated, and he prove, I fear, very different from which you wish me. Until spoke with ease and with force enlivened with flashes of wit." some new Judges shall beappointed, to the south Moore's biographers and contemporaries describe him as a ward of me, Georgia and So Carolina will of ^ . man who appeared "so small in stature thatatfirst glance he course fall to my share. Savannah is 300 seemedonlya child, forhisheightwasaboutfourfeetfive miles offthe shortest route, with 20 miles \ inches, and he was proportionately slender." One on aferry; this is the post road. Augusta / '\ contemporaiynoted that "probably he weighted [sic] I believe is yet farther: to attend in / \ 3bout 80 or 90 pounds. His head was large for his Georgia therefore, will costme 1200 / d \ body,afterthemannerofdwar£s,andhisface...was miles riding each year—from here to / \ fine-featured good-humored and dark-eyed." His Washington is more than 410 miles , slight stature somewhat belied his strong will and to attend the Supreme Court, there- W/jfT quick mind. fore will cost me 1640 miles riding. yM Despite the promise of his career at the bar, y ^ Can it be believed I can ride 2800 his service on the bench was eclipsed by that ofhis X t miles a year with any regularity to A brethren and, in the words of one biographer, attend to business on the seat of \ ^ / made "scarcely a ripple in American judicial Justice—the number of cases to be ^ history." determined is by no means so disturb- John Steele (left), a native of Salisbuiy, was appointed as ing as the getting to them—My failing to Comptroller oftheU.S. Treasury byPresident Washington, and attend at a Circuit Court will occasion the was rcappointed by President Adams. It was Steele who loss of that Court &this consideration gives recommended Moore's appointment to the Supreme Court to President Adams. me pain. I would under the circumstances i" • Below is "Moorefields" a home Moore purchased in Hillsborough,North resign my office at once and the most uncharitable Carolina. Itwas an eight room Georgian house which served as a second home conclusionwould be drawnfrom it—that Ideserted mypart for the Moores. The fam ily usuaUyarrived there in May and stayed until the Crst of the office ofJudge of a federal court. .. frost, seeking to avoid the outbreaksof malaria thatwere common during the hot months in the plantation areas. Moore was not only demoralized bythe thought of riding circuit, butalso bypublic opinion ofthe Supreme Court andits Justices. He toldSteelethat he foundthe roleof beinga Justice "to be one of the most uneasy in the Nation." He further commented that the Court itselfwas"in some respects treated like a shield & in the war ofwords receives abundance of the blows levelledat thosewhoholditup." Moorealsoobserved that Membersof the Marion ChaccDanceGroupof1936whoperformeda ballelonMay3rdofthatyearatthe NationalTheaterenliUed'^NineEarnestMen." Members whensupporters of the Court sought to defend it, it onlymade ofthe dance troupe portrayed the members of the Hughes Court of 1936. "their adversaries more determined to pull it down.", Moore furtheropinedthatthenationwould suffer from thiscontroversy ballet"whose premierperformance was part of a program held Recovery Act, Railroad Retirement Act, Bituminous Coal and that it would be "mischiveous to the administration of to benefitseveral "farmersand their families at Harpers Ferry" Conservation Act, as well as other New Deal legislation and Justice. Take away the confidence and respect of the People whohad losttheir homes ina recentflood. The thirdsegment of administrative actions Talkwasintheairaboutconstitutional from it and the power to dogood will be nearly destroyed." theprogram was "devoted entirely to anoriginal andbrand-new amendments, including expanding the Commerce Clause ofthe Following hisresignation fromthe Court in 1804 becauseof satire called 'Nine Earnest Men'. The aim of the ballet was to Constitution; prohibiting less than two-thirds oftheCourt from ill health, Moore returned to North Carolina to continue his depict "the whole cycle of American life to date, from the --continuedonnextpage DanceGroup (con tinuedfrompreviouspage) The dancers were impressed by the "bored air" ofthe Court Societyto Co-Sponsor <George Sutherland was perceived as having "more spring. Thisseries wUl be comprised ofseven parts, andwill take havebeencenteredon thecourtas neverbefore inits history" nine poise during a court session than any of his associates." His the formoflectures,panel discussions and debates. The serieswill Constitutional Law: dancers "have been concentrating not upon the momentous nervous habitwas to "strokehis Vandykebeardand run his fingers focus on various aspectsof the Court, its procedures, its history, What Justices Have to Deal ¥fith decisions being read, but rather upon the justices themselves. through his white hair". The dancer portraying Sutherland itspersonalities, and its impact on American life. Their characteristic postures, movements of their hands, their observed that she expected Justice Sutherland "to break into Thisprogramwill attempt to explain the complexities everyattitudewhile hearingthe NRA, the AAA and the TVAand fluent French at almost any time, so much is he my idea of what The seven-part program isoutlined as follows: oftheprocess ofdecision-making forJustices when they otherimportant casesduringthelast fewmonths havecome under a French school teacher looks like." formulate opinions. The featuredspeakerwill beAllan the close scrutiny of the nine youthful mimes. And the result is a Owen Roberts appearedto thedancers"more interested in his April 20, 1993 Ides,a formerlawderkto JusticeByronWhite,whonow rare personal study ofthesemenwhosejudicialsupremacycannot audience than his associates and [they] accused him of even inside the Court: serves as a professorofconstitutionallaw at Washington be challenged anywhere in the world." playingup to hisandience. Hisvoiceisthe most commandingtrait. & Lee University Law School. The aimofthebaUet inpart, wasto portraythe justicesas others It is cold and clear. It is said he frequently comes to work from his A CloseLookattheInternalOperations sawthem, but editorial comment and interpretation were clearly home in Georgetown on a street car." of the Court May 25, 1993 an essential part of the composition. "Wearing masks of the Butlerwasobservedtothrowhishead backtimeandtime again justices,sotherewillbe no mistakeabouteach characterportrayed, to stare at the ceiling during argument, and so this trait was Thissegmentwill featurea20-minute film concerning Personality and the Role they will make their entrance in long purple robes and white portrayed in the ballet. "Of all the Justices, Butler enjoys the functioning of the Court which will be followed by of a Supreme Court Justice periwigs and present the results of their study in dance and Washington social life the most, and he likes to talk and tell commentarybythe Clerk ofthe Court, WilliamK Suter. pantomime." Perhaps ironically, the masks were made by two stories." This section of the program will be delivered by Public Works Administration artists, the PWA being one of The dancer portraying McReynolds liked the "sarcasm of the April 27, 1993 ProfessorG.EdwardWhite. ProfessorWhite istheJohn Roosevelt's creations which the Court let stand. tall, gaunt McReynolds Duringthe ballet she will lean first to B.MinorProfessorofLawandHistoryat the University Looking Backto Forward: The Justices' traits and eccentricities are outlined one after oneside, and then the other. Thatwillbe makingcaustic remarks of Virginia. Professor White is the author of the widely another, with some editorial comment about the Court itself on the side," she explained. The Court In Historical Perspective acclaimed third volume of the Oliver Wendell Holmes interspersed. At a distanceof nearlysixtyyears,itisinterestingto Michael Logan, the choreographer, portrayed Chief Justice Deviseseries, HistoryoftheSupremeCourtofthe United read about the personal traits and mannerisms ofthis Court that Charles Evans Hughes. Logan described the big moment in the Professor Emeritus Herman Belz ofthe University of States,entitled The MarshallCourtandCulturalChange, is now remembered as "The Nine Old Men." ballet as the time "when the minority gather on one side of the Maryland will delivera lectureproviding attendees with dealingwith the lateryears ofJohn Marshall Court(1815- Justice Cardozo was observed as "the most intense listener on stage and the majority on the otherwith the Chief Justice, trying a brief historical overview of the Supreme Court. 1825). Professor White served as a law clerk to Chief the bench. . . .just watch him become suddenly alert when an tomakeuphis mind,standingbctweenthegroups. Hefinally sides Proferssor Belz is theauthor ofseveral books focusing on Justice Warren from 1971-1972. Among his other important point is beingdiscussed and you will know he is not with the majority." Logan observed that "despite his austere constitutionallawand history, including The American publishedworksare: PattemsofAmericanLegalThought missing a thing ... He has the finest head of them all—an exterior, I believe the ChiefJustice is the most human memberof Constitution: Origins and Development of Equality and TheAmerican Judicial Tradition. Professor White inspiration, I think." The author further remarkedthat, "long theSupremeCourt—andthe kindest. The ChiefJustice lovesthe Transformed:AQuarterCenturyofAffirmativeAction. will present a lecture drawingon hispersonal experience famed for his brilliant style and apt phrasing. Justice Cardozo great dignity of the court and allthe formalities that gowith it. He with and intense study ofthe Supreme Court. actually hasbecome an ideal" to the dancer assigned to portray isa greatwalker,but likes nothingbetterthan an automobile ride. him. He carries a cane and wears a derby." May 4, 1993 June I, 1993 Brandeis characterized aspossessing a "face any artist would A Debate on the Supreme Court: The Judicial Selection Process: find inspiring, hasoneoutstandingtrait. He places hisforefinger Social issues and American Politics Two OpposingViews against his nose, first to one side, then the other. Thirty-seven times hedidthisinoneday, according toyoungMello's count. Of This program will take the form of a lively debate This lecture willdeal with the issuesfaring the Senate allthe justices, he isnearest to the judicialphilosopher. And he between representatives of conservative and liberal JudiciaryCommittee members in fulfilling their role to looks the part, too. He is 79 years old; his voice is clear and The PublicationsCommitteeisseekingoriginal articles perspectives as they debate their views conceming the "advise and consent" the President on candidates forceful." on the Court'shistorytobepublishedin the 1993 Journal SupremeCourt and itsimpactand influenceonAmerican Harlan Fiske Stone was perceived as "an active-looking nominatedto fill SupremeCourt seats. The first part of ofSupreme Court History or inthe Society's Quarterly the programwillbe bya memberof the SenateJudiciary person, compared to the others on the bench. Whenever I watch newsletter. The Quarterly's staff is also seeking himI keepwishingthat the sessionwouldhurryand adjournsohe Committee, with a commentary following by a well photographsand artwork ofhistorical interest to illustrate May 11, 1993 known scholar. could get out and walk or be with a crowd. I imagine he enjoys articles,and tobe used in aproposed seriesofphotographic being around people." TheSupremeCourtandtheMarketPlace montages planned for subsequent issues ofthe Quarterly. The series will be offered through the Smithsonian Theauthorofthe articleobserved thattheballetportrayed"the OfparticularinterestarephotographsofthepastJustices Institution's "Campus on the Mall" program. Society members minority, rightly consisting of Justices Cardozo, Brandeis and This panel discussion will include Toni House, and their families, clerks' reunions, famous litigants, and Information Officer for the Supreme Court, Lyle will receive a special mailing giving pertinent information for Stone, listen[ing] intently totheopposition lawyers, who rave and attomeyswho have appeared before theCourt onhistoric registration. Membersareencouragedtoenrollsoonasspacewill rant and tear their hair before the austere old men in hopes of Denniston, Supreme Court correspondent for the cases. For further information contact Director of Ba/rimoreSun,RitaBraver,SupremeCourtcorrespondent be limitedand there willbe great interest in the series. winning theirpoint. Butwhen theotherlawyers come before the Publications Jennifer M. Lowe at (202) 543-0400. bench, the minorityobviously nods." fortheCBSNetwork, LindaGreenhouse,whocovers the DanceGroup (continuedfrompreviouspage) The dancerswereimpressedby the"boredair" oftheCourt Societyto Co-Sponsor ^Campus on the MaU" Series VTith the Smithsonian members while they were on the bench. This aspect was Series wil indude Lectures, Debates and Panel Discussions on the Court invalidating federal or state legislation' permitting a majority of portrayed in the ballet by a "yawning scene when the Chief the two houses of Congress to reenact a law invalidated by the Justice reads the decision." Jack Wilson, who portrayed Van Court without further Court reviewof the law; and making laws Devanter, sawhim as the exception to this boredomand perceived A new exciting continuing educational program is being Court forThe New York Timesand Carl Stern, legal passed by two-thirds of each House unreviewable." Van Devanter as "the most positive and most attentive of the developed bythe Society, The Federal Judicial Center and the correspondent for NBC TV News. A newspaper article that appeared in the Washington Sunday justices. He has been on the bench for 25 years, havinga longer Smithsonian Institution. It will be conducted as part of the Star on April 19, 1936explained that "[wjhilethe chamber has record of judicial experience than any other justice." Smithsonian's "Campus on the Mall" programand offeredthis May 18, 1993 been packed duringthe last fewmonths and the eyes of the world Justice George Sutherland was perceived as having "more spring. Thisseries will be comprised ofseven parts,andwill take have beencenteredon thecourtas neverbefore inits history" nine poise during a court session than any of his associates." His the formoflectures,paneldiscussions anddebates. Theserieswill Constitutional Law: dancers "have been concentrating not upon the momentous nervous habitwasto "strokehis Vandyke beardand run his fingers focus on variousaspectsof the Court, its procedures, its history, What Justices Have to Deal With decisions being read, but rather upon the justices themselves. through his white hair". The dancer portraying Sutherland itspersonalities, and its impact on American life. Their characteristic postures, movements of their hands, their observed that she expected Justice Sutherland "to break into Thisprogramwillattempt to explain the complexities everyattitudewhile hearingtheNRA, the AAAandtheTVAand fluent French at almost any time, so much is he myidea of what The seven-part program isoutlined as follows: ofthe process ofdecision-making forJustices when they otherimportantcasesduringthe last fewmonths havecome under a French school teacher looks like." formulate opinions. The featured speakerwill be Allan the closescrutiny of the nine youthful mimes. And the result is a Owen Robertsappearedtothe dancers"moreinterestedin his April 20, 1993 Ides,a formerlawclerkto JusticeByronWhite,whonow rare personal study of these menwhosejudicial supremacy cannot audience than his associates and [they] accused him of even serves as a professorofconstitutionallaw at Washington Inside the Court: be challenged anywhere in the world." playinguptohisaudience. Hisvoiceisthemostcommandingtrait. & Lee University Law School. The aimoftheballet inpart,wasto portraythejusticesasothers It iscold and clear. It issaid he frequently comesto work fromhis A CloseLookattheInternalOperations sawthem, but editorial commentand interpretation were clearly home in Georgetown on a street car." of the Court May 25, 1993 an essential part of the composition. "Wearing masks of the Butlerwas observed tothrow hishead back time andtime again Personality and the Role justices,sotherewillbeno mistakeabout eachcharacterportrayed, to stare at the ceiling during argument, and so this trait was Thissegmentwill featurea20-minute film concerning they will make their entrance in long purple robes and white portrayed in the ballet. "Of all the Justices, Butler enjoys the functioning of the Court which willbe followed by off a Supreme Court Justice periwigs and present the results of their study in dance and Washington social life the most, and he likes to talk and tell commentarybythe Clerkofthe Court, William K.Suter. pantomime." Perhaps ironically, the masks were made by two stories." This section of the program will be delivered by Public Works Administration artists, the PWA being one of The dancer portraying McReynoldsliked the "sarcasm of the ProfessorG.EdwardWhite. ProfessorWhite is theJohn April 27, 1993 Roosevelt's creations which the Court let stand. tall, gaunt McReynolds During the ballet shewilllean firstto B.MinorProfessorof Lawand Historyat the University The Justices' traits and eccentricities are outlined one after oneside, andthenthe other. Thatwill bemaking caustic remarks Looking Back to Forward: of Virginia.ProfessorWhite is the author of the widely another, with some editorial comment about the Court itself on the side," she explained. The Court In Historical Perspective acclaimed third volume ofthe Oliver Wendell Holmes interspersed. At a distance ofnearlysixty years, itisinterestingto Michael Logan, the choreographer, portrayed ChiefJustice Deviseseries, HistoryoftheSupremeCourtofthe United read about the personal traits and mannerisms ofthis Court that Charles Evans Hughes. Logan described the bigmoment inthe Professor Emeritus Herman Belzofthe Universityof States,entitled The MarshallCourtandCulturalChange, is now remembered as "The Nine Old Men." ballet as the time"when the minority gatheron one sideofthe Maryland willdeliver a lecture providingattendeeswith dealingwith thelateryearsofJohn Marshall Court(1815- Justice Cardozo was observed as "the most intense listener on stageand the majorityon the other with the ChiefJustice,tiying a brief historical overview of the Supreme Court. 18Z5). ProfessorWhite served as a law clerk to Chief the bench. .. .just watch him become suddenly alert when an tomake uphismind, standingbetween thegroups. Hefinally sides ProferssorBeIzistheauthorof several books focusingon Justice Warren from 1971-1972. Among his other important point is being discussed and you will know he is not with the majority." Logan observed that "despite his austere constitutional law and history, including The American publishedworksare: PattemsofAmericanLegalThought missing a thing ... He has the finest head of them all—an exterior, I believe the ChiefJustice is the most human memberof Constitution: Origins and Development of Equality and The American Judicial Tradition. Professor White inspiration, I think." The author further remarked that, "long theSupremeCourt—andthe kindest. TheChiefJustice lovesthe Transformed:A QuarterCen turyofASirmativeAction. will present a lecture drawingon hispersonalexperience famed for his brilliant style and apt phrasing. Justice Cardozo great dignityof the court and allthe formalities that gowithit. He with and intense study ofthe Supreme Court. actually has become an ideal" to the dancer assigned to portray isa greatwalker, but likes nothingbetterthan an automobile ride. him. He carries a cane and wears a derby." May 4, 1993 June 1, 1993 Brandeis characterized as possessing a"face any artist would A Debate on the Supreme Court: The Judicial Selection Process: find inspiring, has one outstanding trait. He places his forefinger against his nose, first toone side, then the other. Thirty-seven Social Issues and American Politics Two OpposingViews times he did this in one day, according toyoung Mello's count. Of all the justices, he is nearest tothe judicial philosopher. And he This program will take the form of a lively debate This lecture willdealwith the issuesfacing the Senate looks the part, too. He is 79 years old; his voice is clear and between representatives of conservative and liberal Judiciary Committeemembersin fulfilling their roleto ThePublicationsCommitteeisseekingoriginal articles perspectives as they debate their views conceming the "advise and consent" the President on candidates forceful." Harlan Fiske Stone was perceived as "an active-looking on the Court'shistory tobepublishedin the 1993Journal SupremeCourtanditsimpact and influence on American nominated to fill Supreme Courtseats. Thefirst partof ofSupreme Court Historyor in the Society's Quarterly life. person, compared to the others on the bench. Whenever I watch the programwill bebya memberofthe Senate Judiciary newsletter. The Quarterly's staff is also seeking Committee, with a commentary following by a well him Ikeepwishingthat thesessionwould hurry and adjourn sohe photographsand artworkofhistoricalinteresttoillustrate could getout andwalk or bewith a crowd. I imagine he enjoys May 11, 1993 known scholar. articles,and tobeusedinaproposedseriesofphotographic TheSupremeCourtandtheMarketPlace being around people." montagesplannedforsubsequentissues ofthe Quarterly. Theauthorofthearticle observed thattheballet portrayed"the The series will be offered through the Smithsonian Ofparticularinterestare photographsofthepastJustices This panel discussion will include Toni House, Institution's "Campus on the Mall" program. Society members minority, rightly consisting of Justices Cardozo, Brandeis and andtheirfamilies, clerks' reunions, famous litigants, and will receive a special mailing giving pertinent information for Stone, listen [ing] intently totheopposition lawyers, who rave and Information Officer for the Supreme Court, Lyle attomeyswhohaveappearedbeforetheCourtonhistoric Denniston, Supreme Court correspondent for the registration. Members are encouragedto enroll soon as spacewill rant and tear their hair before the austere old men in hopes of cases. For further information contact Director of be limited and there will be great interest in the series. winning theirpoint. Butwhen theotherlawyers come before the BaltimoreSun, Rita Braver,SupremeCourt correspondent Publications JenniferM. Lowe at (202) 543-0400. forthe CBSNetwork, LindaGreenhouse,whocoversthe bench, the minority obviously nods." Justice White Hosts Annual State Membership Chairs' Dinner Nine State Chairs Receive Awards for Outstanding Efforts

Justice and Mrs. Byron R. White the State Chairs the Society's membership program held on Friday, November20,1992. The eveningcommencedwith a reception in the West Conference Room during which guests had theopportunity toconverse with theWhites and meet other I state chairs and their guests. Diimer followed in the East j t Conference Room. Earher in the day, many of the guests had taken tours of the Supreme Courtbuilding conducted by the staff ofthe Curatorofthe Court, allowing them an opportunity to see many ofthe fruits ofthe Society's labors inthe form ofportraits Jl J and furnishings. FoUowingdinner, Mr. Silverman made briefremarks thanking those in attendance for their commitment to the membership

Credit for the longestdistance traveled in order to attend the State Membership Chairs'Dinnerwent to Earl Sutherland (right), the Society's Alaska State Chair, who poses here with Justice White in his Chambers. Justice White poin's to a gift from his law clerks as Louisiana Slate Membership Chair Harvey Koch looks on. Following the reception and dinner, Justice White in the Supreme Court building, it had been sparsely furnished, invited those in attendance for an impromptu visit to his Chambers. with fewportraits or busts to enhance thedecor. Publicspace had Society's gratitude. The marble awards are made from px)lished littleifanydecoration,whileevenareas suchasJustices'chambers was the Supreme Court had fewfurnishings beyond the required office furniture. Chief andaffixed with the seal oftheSupremeCourt. Those recognized Justice Burger recognized this problem upon his arrival at the this accomplishment were: Victor F. Battaglia of Biggs & Supreme Court, and determined that a non-profit organization Battaglia, State Chairfor Delaware; Paul Hawkinsof Freeman & shouldbe created to perform serviceto the Court and to educate Hawkins, State Chair for Georgia; George Saunders, accepting the public about the Court's history and heritage. The Historical forJoan Hall, State Co-Chair for Illinois; Leon E. Eilbacher of j Societywas createdto address these needs and objectives. Justice Hunt, Suedhoff, Borror & Eilbacher, State Chair for Indiana; JusticeWhite (right) andSociety PresidentLeon Silvemian (left) appeartogether White commented that the building now contains busts of all the Harvey C. Koch of Koch & Rouse, State Chair for Louisiana; ^ shortly after the awards ceremony. past Chief Justices, as well as portraits of all previous Justices, James L. Volling of Faegre & Benson, StateChairfor Minnesota; manyofwhichare inpublicspacewherethehundredsofthousands Rafael Escalera Rodriguez of Lasa, Escalera & Reichard, State program of the Society, and stressing the importance of the ofannualvisitors tothe Courtcan also 'viewthem and leam about Chair for Puerto Rico; John T. Jessee of Woods, Rogers & membership to the success of the Society. He acknowledged the the individuals who have served on the Court. In addition, Hazelgrove, theFourthCircuit Representative; andSocietyTrustee absence of Mr. Charles Renfrew, National Membership Chair, furnishings and artifactscollectedbythe Societyhavebeen added Vera Brown of Houston, Texas., who serves as an At-Large whowasunable to attendthat eveningand offered Mr.Renfrew's to enhance work space, while other artifacts have been used to member of the National Membership Committee. apologies and greetings. Mr. Silverman further noted that Mr. furnish rooms in the building whichwere previouslyunoccupied. At theconclusionofdinner, Mr.Silverman Earl Sutherland, state chair for Alaska, had journeyed to Justice White furthercommentedthathe foundthe publications for commitment to the Washingtonespeciallytobe presentfor this dinner. He expressed of the Societyvery interesting and readable, and complimented important endeavor. unexpected departure from theplans his personal appreciation for Mr. Sutherland's efforts. Mr. theSocietyonitscontributionsandaccomplishments, andexpressed for the evening. Justice White invited those present to tour his Sutherland then received a round of applause from the other his wishes for the Society's continued success. Mr. Silverman chamberssothattheymightseefirsthandwhatworkingchambers guests. thanked Justice White forbeingpresent andforhis comments and arelike. TheWhitesthengraciouslyguideddinnergueststhrough Following his prefatoiy remarks, Mr. Silverman introduced gave his assurance thattheSociety is committed tocontinue inthis the from guests Justice White, and thanked him for his courtesy in hosting the tradition. anecdotes about the Court. memorable to party. He then called uponthe Justice fora few remarks. Awards were thenpresented to those individuals present who ^the sense had accomplished their membership goals for the 1991-92 dediaition and commitment to the Society and the Supreme Justice White expressed hisappreciation oftheSociety andits „ T j o., Mrs.VeraBrownr«ceivesanawardfrom JusticeWhitcforheroutstandingwork Court ofthe United States. . ,• ,i. c • • t activities. He explained that when he had first come to thework campaign, noting that the awards are tangible reminders ofthe " in promoting the Society in Texas. T^xunan Biographer David McCullough to Deliver Natioiial Heritage Lecture on February iOth The second National Heritage Lecture, co-sponsored by the ofthe National Geographic Society located atthe intersection of Supreme Court Historical Society, the United States Capitol 17th and MStreets, N.W. Entrance tothe parkinggarage is on M Historical Society and the White House Historical Association, Street. The auditorium is centrally located and has alarge seating hasbeenscheduledforWednesday,Februaryl0,1993,at7:30PM, capacity, as well as underground parking available. We are with a reception to follow at 8:30 PM. Under the auspices ofthe grateful totheNational GeographicSocietyformakingthis lovely White HouseHistoricalAssociation, thelecturewillbe presented facility available for this event, by David McCullough, noted author. Thecostforreservations to the lecture will be $15 perperson During his career, McCullough has worked as an editor for and will include a reception following the lecture. Noseparate Time, Inc. and the American Heritage Publishing Company. He parking fee will beassessed toguests attending the program. The haswrittenseveralbooks, including ThePathBetween theSeas, The auditorium will accommodate 400 individuals. JohnstownFloodandMomingsonHorseback. Herecentlypublished Invitations will bemailed toall Society members in January, a critically acclaimed biography ofHarryTrumanand many think 199.3. As interest in the lecture will be great, we encourage you to McCullough may be a contender for a Pulitzer Prize for this return your reservation card as soon as possible to insure your outstandingbiography. The title ofthe lecture is "To the Best of reservation. As the sponsoring organization, the White House My Ability—Character and the Presidency." HistoricalAssociationwillmakereservations,butS

Supreme Court Historical Society 111 Second Street, N^. NON PROFIT ORG. U.S. POSTAGE Washington, D.C. 20002 PAID WASHINGTON, D.C. Permit No. 8232