by Stephen W. Houghton II
One of the most significant events in the brief history
of the Robert H. Jackson Center brought together three former clerks of the
late state Supreme Court justice on Wednesday.
Phil C. Neal, Murray Gartner and James M. Marsh spent three hours reminiscing
about Jackson during a program held in the center, 305 E. Fourth St., Jamestown.
The discussion was moderated by John Q. Barret, law professor at St. John's
University and Elizabeth S. Lenna, fellow at the Jackson Center.
All three of the former clerks said Jackson is noted for the amount of work
he did as a justice. Unlike many justices who leave much of the work of drafting
opinions to their clerks, Jackson wrote most of his opinions from the first
draft, the clerks said.
Each clerk had his own emphasis on how he remembered Jackson.
Marsh focused on his personal relationship with Jackson, whom he characterized
as ''the genial justice,'' and how he met the Supreme Court justice.
''I was outraged by the Nazi atrocities,'' Marsh said, alluding to the war
crimes trials in Nuremberg. ''I thought the Nuremberg trials were not getting
enough enough coverage in law journals.''
Marsh wrote to Jackson, who agreed to send the trial documents to him so they
could published in the Temple Law Quarterly.
''He wrote a cover letter for the issue where we published the documents,''
Marsh said.
Marsh also remembered that when he arrived in Washington to start his duties
as a clerk, the justice sent his car to meet Marsh and his family, and take
them to their new home.
The former clerk also spoke about Jackson's contributions to the defense of
the fourth amendment that protects citizens against unreasonable search and
seizure.
''Jackson said, 'What use is free speech or freedom of religion if the government
can come into your house and seize your papers and property,' '' Marsh said.
''He was a real believer in the individual.''
Neal spoke about Jackson's scholarly and restrained approach to judgeship
and his independence in writing opinions. He said the most important case
that came before the Supreme Court during his tenure as Jackson's clerk was
Cramer vs. The United States, a treason case that set the standard for determining
what the constitution requires when it says there must be two witnesses to
each overt act of treason.
Neal also spoke about Jackson's opinion in the Korematsu case in which the
majority of the court upheld the orders that allowed the government to intern
Americans of Japanese decent in concentration camps.
Jackson expressed his disagreement with the court in an opinion that Neal
called one of Jackson's ''most eloquent dissents.'' Neal said he was troubled
by some of Jackson's reasoning in the case, because it might be taken to support
the idea that judges should not issue writs of habeas corpus for military
detainees in war time.
Asked about his relationship with Chief Justice William Rehnquist, Neal said
he taught Rehnquist at Stanford Law School and introduced him to Jackson.
Rehnquist later served as Jackson's clerk.
Gartner emphasized that Jackson, unlike some of the justices appointed by
President Franklin D. Roosevelt, was not ideological in his decisions. He
said the facts and law in the case were always the basis of Jackson's decisions,
rather than the identity of the parties in the case.
Asked about Jackson's legacy, Gartner said it was ''his vision of the purpose
of international law.'' However, he said if Jackson lived longer, his importance
as a justice would be better understood.
Neal said Jackson's service at Nuremberg overshadowed his time on the Supreme
Court, but pointed out that ''many justices have taken Jackson as their model''
of how to be a justice.
Marsh said Jackson's importance to the court is indicated by the fact that
''he is quoted more today than any other justice.''
Judge Michael E. Keasler said the round
table was fascinating because it gave a human background to a man who he said
was ''the greatest writer to grace the court.'' Keasler - a judge of the Texas
Court of Criminal Appeals, the state's highest criminal court of appeal -
gave a speech during a dinner at the Athenaeum Hotel, Chautauqua Institution,
at which the clerks were honored.
He said Jackson had ''an ability with language. He worked hard to be clear.
That is why he is quoted so much. Clear writing reflects clear thinking.''
Gregory L. Peterson, president of the Jackson Center, said the significance
of Wednesday's round table is that it expanded the understanding of Jackson.
''Our goal at the Jackson Center is to create a mosaic that portrays Justice
Jackson,'' Peterson said. ''Part of that mosaic is his significant contribution
as a justice of the Supreme Court. Since they had first-hand knowledge, these
gentlemen will help the center and the community to more fully understand
Jackson's significance.''