sold Theodore Roosevelt Focuses on Justice Rather Than the Letter of the Law

“Knox and I then had an argument, he standing for the law and I for rude and primitive justice...”.

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Melville Davisson Post was a successful lawyer whose avocation was writing popular mystery stories. In 1905 he put aside the law to concentrate on being an author. Pursued by numerous publications, he signed a contract with Pearson’s Magazine to carry his work in 1906; Pearson’s billed him as the next Arthur Conan...

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sold Theodore Roosevelt Focuses on Justice Rather Than the Letter of the Law

“Knox and I then had an argument, he standing for the law and I for rude and primitive justice...”.

Melville Davisson Post was a successful lawyer whose avocation was writing popular mystery stories. In 1905 he put aside the law to concentrate on being an author. Pursued by numerous publications, he signed a contract with Pearson’s Magazine to carry his work in 1906; Pearson’s billed him as the next Arthur Conan Doyle. That did not pan out, but his Uncle Abner and Randolph Mason were very influential and foreshadowed the tough, ‘hard-boiled’ characters of many later American mystery authors such as Erle Stanley Gardner. His story "Madame Versay" appeared in the March 1907 issue of the magazine, and it featured Mason arranging for a payoff to the villainous madame to be made in Confederate money. When the furious Versay threatened to have him prosecuted for passing counterfeit currency, Mason was ready with a citation to a Supreme Court case holding that because Confederate money never was intended to simulate U.S. money, it cannot be considered counterfeit. Roosevelt read the article, and finding it reminded him of a similar situation he had experienced as president, wrote Post about it.

Typed Letter Signed on White House letterhead, two pages, Washington, January 17, 1908, marked "Private," to Post in care of Pearson’s. "Apropos of Madame Versay, you may possibly be amused to know my experience in connection with the decision of the United States Supreme Court that Confederate notes were not counterfeit. While [Philander] Knox was Attorney General there came before me the case of two criminals who had passed these notes. The lower court held that these notes were counterfeit and both men were imprisoned. One of the men took an appeal and the other did not. After some time the superior court declared the Confederate notes were not counterfeit and thereupon the man was released. Knox then brought around to me a formal order for the release of the other. This I promptly refused to issue, and Knox and I then had an argument, he standing for the law and I for rude and primitive justice. The argument reminded me a little of the famous discussion between the King, the Queen and the Headsman in ‘Alice in Wonderland.’ Knox’s position was that as the act committed by the man had been declared by the court not to be criminal, I could not keep him in prison. My position was that as he was undoubtedly a scoundrel and a swindler and morally a criminal, I certainly would not let him out of prison; and that as for saying that I could not keep him in, why, he was in, and that was all there was about it. I think Knox had the best of the argument as regards the law, but I had the final say-so as to the facts and the man stayed in for nearly a year longer. I was sorry I could not punish both scoundrels but at least I was able to punish one." A few of the words were added in TR’s hand.

There are two noteworthy aspects of this letter. The main significance is that TR, whose theme throughout his political career was justice, was willing to maintain that theme even in the face of a technical defense. It is also fascinating that back then a cabinet officer could take an independent position and argue with a president.

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