Title

The justice from Beacon Hill: the life and times of Oliver Wendell Holmes.

Description

Liva Baker's biography of judge and legal scholar, Oliver Wendell Holmes.

Identifier

2481708

60166290

Creator

Baker, Liva

Format

1st ed.

Source

Brian Lamb Booknotes Collection

Gift of Brian Lamb, 2011.

Catalog record

Language

eng

Date

1991

Program air date: September 8, 1991.

Publisher

HarperCollins

George Mason University. Libraries. Special Collections & Archives

Text

Transcription of Annotations
Half-title: Brahmins, pg. 21. Jane Anne Spellman introduced author to Wendell Holmes. Recognition of his achievement not as swift as Holmes would have liked, bitter when thought his work was unappreciated. 6'3" tall, NY Times described as "greatest of living judges," "great personality--man as well as judge." Max Lerner. Writers focused on Holmes's jurisprudence. Catherine Drinker, "Yankee from Olympus." Chiseled in parts admired; ignored contradictions in his nature, Malthusian pessimism/frustrations, egotism, ambition so intense, alienated best friends, cosmic confusion, infidelities, sense of isolation, wariness of intimacy in human relations, aloofness from mainstream human life. Political liberals mistook judicial detachment for liberalism. Darling of the Progressives, mistook judicial tolerance of their schemes for political comradeship. Jesuit professors scandalized by his lack of religious faith, found his work wanting, the mechanistic, mischief of a materialist. West Pegler called Holmes a cynical/senile brutalitarian. Henry Luce in 1951 called for Holmes to be reversed for the sake of law itself , American people, peace of mind. Holmes biographer Grant Gilmore saw him as savage, harsh, cruel, bitter pessimist, who saw course of human life as continuing struggle of the rich and powerful to impose their will on the weak and poor. Cannot reduce his work to one system--only absolute was absolute abhorrence of absolutes. Oliver Wendell Holmes, complex, often inconsistent man, not myth. Born March 8, 1841. Late 1850s, undergraduate at Harvard. Oliver Wendell Holmes, Jr.--kept Jr. until his father's death in 1894, born into traditional family in the most traditional of American cities, Boston. Father, physician, professor, poet, essayist, novelist, biographer--Wendell grew up surrender by father's coterie of James Russell Lowell, Henry Wadsworth Longfellow, Ralph Waldo Emerson, Nathaniel Hawthorne. Herman Melville, summer neighbor at Pittsfield. Letters except those to Lady Castletown almost interchangeable. Holmes's correspondence with Harlod Laski published after Lasi's 1950 death. Brahmin caste of New England--4-5 generations of gentlemen/women. English/Protestant--same language, religion, manners, style of government. Rarely admitted a Kelly, Cohen or Minnelli. Lived in same neighborhoods, same schools, read same books, shared same ignorance's/knowledge, belonged to same clubs, dined at same houses, donated to same charities, married cousins. Brahmins like the English, respected authority of the past, shared conviction that white, Protestant, conservative Boston represented social/political perfection./ Supported 12 hour work day for mill workers. Abiel Holmes's forth child, first son, Oliver Wendell Holmes born in 1809, Boston's unofficial poet laureate. Raised Calvinist, moved to Unitarianism. Wendell injured in Civil War--semi-deliriously called upon/rejected God. When Justice Gray became ill, Henry Cabot Lodge got in touch with friend Theodore Roosevelt, Lodge pushes for Holmes's nomination. August 11, 1902 Roosevelt announces Holmes's nomination. Holmes informed reporters that he would accept if truly nominated. Feigned surprise. Supreme Court range: 57-70 in age. Youngest from California wore rubber boots, scarf and overcoat year round, oldest from Kentucky was the last of the tobacco spitting justices. Of the nine justices in 1902 only one not a Brahmin, Joseph McKenna, from poor Irish immigrants, father a baker. Like Holmes all justices owed positions to relationships with important political figures. Holmes used the names of knives to rate attorneys: kitchen knives--average but undistinguished, razors--slightly sharper, stings--obvious legal talent. Holmes on an occasion awoke to find a kitchen-knife droning on and spattered "Jesus Christ!" before falling back to sleep. Saturday, conference day. Until 1909 when a leak was rumored, pages sat on sofas waiting to run errands. Holmes bored by conferences in which had to listen to repetition of arguments that had already bored him once. 1947 first black reporter allowed in Senate Press Gallery. Life in Washington makes one cynical. During conference, Holmes angered by something Harlan said, disrupts discussion roaring "That won't wash. That won't wash." Chief Justice Fuller tried to make peace , interjecting" Well, I'm scrubbing away. I'm scrubbing away." Holmes became known as the Great Dissenter. Dissent in Northern Securities case was painful/went against what a personal friend wanted. No wish to reshape world, redistribute wealth, contemptuous of those who did. President satisfied with decision, furious with Holmes, stated that he would never enter the doors of the White House again. Knox had Roosevelt invite him again, but camaraderie between Holmes/Roosevelt destroyed. Rosika Schwimmer, Hungarian-born, author, feminist, pacifist--applied for citizenship in 1926. Denied citizenship by naturalization, case reached Supreme Court where six justices found her ideas undesirable. Holmes thought the majority wrong/ determined to say so. Holmes claims principle of Constitution--principle of free thought=freedom for thoughts we hate as well as those we agree with. Rosika wrote her thanks for the dissent to Holmes, gently admonished her. 1930 Judge Taft's health declines and he resigns. March 8, Holmes's 89th birthday Sanford and then Chief Justice Taft die. In 1931 Holmes slipping, chief justice asks him to resign. Walter Lippmann. Inclination to dissent exaggerated--of 5,950 cases between 1902-1932, only 132 dissents. Judges should take the long view. Noninterventionist. Ist rule of judging--keep preferences/prejudices out of decisions, remain detached/disinterested. No use for individual rights. Impatient with those who sought betterment of human life, directive, social/economic panaceas--court's job decide if law unconstitutional. Did not pretend to know answers to questions that plagued his society. 92nd birthday March 8, 1933--visitors included Chief Justices Hughes, President Franklin Delano Roosevelt, son James and wife, Eleanor. FDR calls Holmes greatest living American, who's seen its greatest events, asks for advice. Holms replies you are in a war, I was in a war. One rule, form your battalions and fight. No children, no close relatives. Hardly any contributions to charity. Bulk of estate left to United States government.

Subject

"Holmes, Oliver Wendell, 1841-1935."

"Judges--United States--Biography."

Relation

Original Booknotes interview

Rights

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