A Guide to the M. Caldwell Butler Papers 1945-2006 Butler, M. Caldwell, Papers, 1945-2006 004

A Guide to the M. Caldwell Butler Papers 1945-2006

A Collection in
Lewis F. Powell, Jr. Archives
Collection Number 004


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Lewis F. Powell, Jr. Archives, Washington and Lee University

Lewis F. Powell, Jr. Archives
Washington and Lee University
School of Law
Lexington, Virginia 24450-0303
USA
Phone: (540) 458-8969
Email: powell@wlu.edu
URL: http://law.wlu.edu/library/powell/

© 2001 By Washington and Lee University

Funding: Web version of the finding aid funded in part by a grant from the National Endowment for the Humanities.

Processed by: Alison Oswald, 1992. Additional processing by John N. Jacob, 1997,1999, 2015 and 2018.

Repository
Lewis F. Powell, Jr. Archives, School of Law, Washington and Lee University
Collection number
004
Title
M. Caldwell Butler Papers 1945-2006
Physical Characteristics
This collection consists of ca. 93 cubic feet of materials.
Language
English

Administrative Information

Access

The Ford medical and financial records are closed.

Use Restrictions

There are no restrictions.

Preferred Citation

M. Caldwell Butler Papers, 1945-2006, Ms 004, Lewis F. Powell, Jr. Archives, Washington and Lee University School of Law, Lexington, VA

Acquisition Information

This collection was given to the library by M. Caldwell Butler in 1980-1983,1997,1999, 2004 and by his estate in 2015.

Biographical/Historical Information

Manley Caldwell Butler was born June 2, 1925 in Roanoke, Virginia, where he lived most of his life until his death on July 28, 2014. Following service in the Navy in World War II, he received his A.B. from the University of Richmond in 1948 and his J.D. from the University of Virginia Law School in 1950. Butler married June Nolde in 1950. This union produced four sons: Manley, Henry, James and Marshall.

Butler served as the City of Roanoke Representative in 1960-1961. In 1962 he was elected to the Virginia House of Delegates. He was elected Minority Leader in 1966, a position he held until 1972 when he was elected to the 92nd U.S. Congress from the 6th District of Virginia. Butler served the 6th District for a decade. While serving on the Judiciary Committee, Butler participated in the impeachment action against President Richard M. Nixon during the summer of 1974. In the aftermath of Nixon's resignation, Butler was involved in the confirmation hearings of Gerald R. Ford and Nelson Rockefeller to serve as President and Vice President respectively. Butler was a principal architect of the Bankruptcy Reform Act of 1978. He was also a member of the Committee on Government Operations. In retirement, Butler served on the National Bankruptcy Review Commission in the years 1995-1997.

A partner in the firm of Woods, Rogers & Hazelgrove of Roanoke, Virginia from 1983-1998, Mr. Butler held memberships in the American Bar Association, the Virginia State Bar, the Roanoke Bar Association, the American College of Bankruptcy, the Raven Society, the Order of the Coif, and the Board of Directors of Dominion Bank Shares Corp of Roanoke. He was also a Fellow of the American Bar Foundation and a Director of the American Bankruptcy Institute. His fraternal organization affiliations include Phi Beta Kappa, Tau Kappa Alpha, Omicron Delta Kappa and Phi Gamma Delta.

Scope and Content Information

The M(anley)Caldwell Butler Papers consist of approximately 96 cu. ft. of materials from 1925-2006. Most of the papers cover the periods 1972-1982 and 1995-1997. The papers are divided into seventeen series: June Nolde Butler papers; correspondence and subject files; military service; appointment calendars; campaigns; scrapbooks, clippings and photos; speeches; newsletters, press releases, radio reports and weekly reports; voting record; constituency correspondence; confirmation of Gerald R. Ford as Vice President; impeachment of President Richard M. Nixon; Bankruptcy Reform Act of 1978; Legal Services Corporation; re-authorization of the Department of Justice for the Fiscal Year 1982; Voting Rights Act extension; the National Bankruptcy Review Commission, 1995-1997; and Artifacts, 1944-1998. With the exceptions of the first six series and National Bankruptcy Review Commission materials, these papers were generated during Butler's terms as U. S. Representative for the 6th Congressional District of Virginia, 1972 -1982 (93rd Congress - 97th Congress).

The refinement levels of processing are mixed. The gradual donation of materials over a period of 40 years is chiefly the cause. The Nixon Impeachment and Bankruptcy Reform Act of 1978 materials are mostly described down to the folder level. The National Bankruptcy Review Commission materials arrived largely self-arranged. Most other areas of the colleciton, however, are largely unprocessed beyond being sorted into tentative series.

This is particularly true of additions made in 2018 through the estate of Butler's son, James. This has resulted in a temporary box renumbering in boxes 1-7. There is also a box of artifacts added at the end of all of the papers.

Contents List

1: June Nolde Butler c.1962-1977
Carton 1-5
4 cu. ft.

Biographical materials,general correspondence, correspondence with parents and siblings,Letters, invitations, menus, calendars, subject files, photos, clippings, artifacts, photos scrapbook (1933-1950) and correspondence (1947-1950) with her future husband, M Caldwell Butler

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2: Additions 1973-1982
Carton 6-6A
.5 cu. ft.

Nixon Impeachment historical studies; Correspondence re publication of book, Stonewall Jim; GOP Gala, 2001; certificates of award and merit; records of naval service; education records and related materials.

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2: Correspondence 1973-1982
Carton 6B
.5 cu. ft.
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2: Subject Files, 1973-2004
Carton 6C

Subjects include: United States Court of Appeals for the Fourth Circuit; National Bankruptcy Review Commission; Sarah Butler Memorial; Sam Garrison Bar Discipline; Bankruptcy Law; Watergate/Impeachment; Susan Aheron; Butler for Governor; Newspaper Items; Legal Services Corporation; The Miller Center; and Virginia Cares.

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3: Appointment Calendars 1972-1982
Carton 6D
1 cu. ft.
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4: Campaigns 1961-1983
Carton 6E-6F
2 cu. ft.

Correspondence, subject files, surveys, election returns, and memorabilia

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6: Scrapbooks c.1961-2001
13 cu. ft.
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7: Photos and Moving Images,
3 cu. ft.
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8: Printed Materials 1962-1998
Carton 22-23
1.5 cu. ft.

There is a variety of publications on a variety of mainly political topics. forms of materials include trade books, government documents, brochures, and magazinies.

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9: Speeches 1973-1982
Cartons 25-28
4 cu. ft.

Speeches (1964-2001; bulk 1973-1982) are also arranged chronologically. The audience, occasion, and location are usually noted. From January 1976 onward, a topical index is present in addition to the chronological listings that are available for all of the years. Some nine speeches are missing from the original inventory, while others not on that listing were found during processing and added to the finding aid.

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10: News Letters, News (Press) Releases, Radio Reports, Weekly Reports 1972-1982
2 cu. ft.

Newsletters (1973-1981)were generated by Congressman Butler's staff to keep citizens of the Sixth District of Virginia informed on issues before the House, and on the activities of his office. The newsletters(N:) are arranged chronologically with an alphabetical reference index that has been updated through October 1, 1982. This index includes references to Radio Reports(RR#) and Weekly Reports(WR#). News (Press) Releases (1972-1982), Radio Reports (1973-1978), and Weekly Reports (1979-1982) are arranged chronologically and their indices provide brief summaries of the topics discussed.

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11: Voting Records 1973-1982
.5 cu. ft.

The Members Personal Voting Record covers the period 1973-1982 (93rd Congress First Session to the 97th Congress Second Session). Each Congress' voting record is divided into two sessions. A cumulative record for each Congress is also present. Included here are: roll numbers, dates, daily record page number, description, and members response. Each record contains a roll call subject guide and an index to the voting record. Although Butler began his congressional term with the 92nd Congress, there is no personal voting record for this time.

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12: Constituent Correspondence 1973-1975
6 cu. ft.

The Constituency Correspondence is almost exclusively from the period of the impeachment of Richard M. Nixon. The letters are divided into those favoring impeachment and those opposed to this action. There is also correspondence in reaction to the pardon of Nixon by President Gerald R. Ford.

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13: Confirmation of Gerald R. Ford as Vice President; Confirmation of Nelson A. Rockefeller as Vice President 1973-1974
1 cu. ft.

Materials concerning the Confirmation of Gerald R. Ford as Vice President include: correspondence, memoranda, a briefing book, and transcriptions of testimony and proceedings during the hearings.

Ford medical and financial records are closed.

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14: Impeachment of Richard M. Nixon 1973-1974
15 cu. ft.

Congressman Butler sat on the House Judiciary committee that investigated and voted on the impeachment of President Richard M. Nixon . The impeachment materials are 15 cu. ft. in extent and include: narratives about the Watergate break-in and related events, and about the bombing of Cambodia; interview transcripts and recorded testimony of persons involved in Watergate activities; general impeachment inquiry materials(committee notebooks, personal notes, etc.); reports on White House Surveillance activities; Department of Justice/ITT Litigation; Milk Producers Cooperatives investigations; papers re the Judiciary Committee's "Fragile Coalition"; general correspondence and memoranda; and printed materials. (See also, the series of constituent correspondence that precedes the impeachment materials. Butler kept an audio diary during the impeachment process, and these cassette recordings are included here, as are his written notes from this time. Also present are partial transcripts of an oral history project on the "Fragile Coalition" conducted in 1974.

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15: Bankruptcy Legislation 1972-1978
18 cu. ft.

The Bankruptcy Materials are 18 cu. ft. of papers documenting Butler's work in the drafting and passage of the legislation popularly known as the Bankruptcy Reform Act of 1978. Forms of materials present include: minutes of the Bankruptcy Commission, markup books on various versions of bankruptcy bills, memoranda, briefing materials, meetings transcripts, hearing transcripts, conference materials, Congressional Record Notebooks, audio tapes of markup sessions, and supplemental information on bankruptcy legislation with relevant testimony.

This material was arranged by Butler's office into three major components: 1)general materials in ring-binder notebooks to which Roman Numerals were assigned; 2)"Supplemental Materials: ... " filed in "books" numbered 1-45; and, 3) Ken Klee's research materials. The arrangement of these materials is not easily grasped, but the donor has provided a "road map." A Butler document from around 1980 entitled "The Narrative History of the Bankruptcy Act Revision" provides a concise, informal legislative history of the Bankruptcy Reform Act of 1978 from Mr. Butler's perspective. It also discusses the creation and arrangement of these records and includes references to the Roman numeral numbering scheme employed by Butler's staff. This narrative is found in the first folder of the first box of bankruptcy materials(box 57). A second helpful narrative entitled "The Establishment of the Commission" states the reasons that impelled Congress to establish the Commission on Bankruptcy in June of 1970. This can be found in box 71 in the folder titled "Mun. 5." Ken Klee's article on bankruptcy legislative (box 72) may also be of use in understanding events leading up to the 1978 act. The article is entitled, "Congress and the Bankruptcy Act of 1976," and appeared in volume 61 of the American Bar Association Journal (October, 1975).

The general materials have been removed from the ring-binders, but the folders that now hold them are labeled with the Roman numeral corresponding to the binder in which they were formerly housed. Everything from 1971 research materials to the printed public law version of the 1978 Bankruptcy Reform Act can be found here. Books and pamphlets printed by the Government Office of Printing are found in Roman numeral sections I and III-IX. Included here are the Commission on Bankruptcy Laws Report, H.R. 10792, H.R. 16643, Hearings on H.R. 31 and H.R. 32, Hearings on S. 235, S. 236, H.R. 6, and oversized side-by-side comparisons of VI (H) and XIII of H.R. 31 and 32 and S. 2266 and H.R. 8200 (stored in box 75).

All of the "Supplemental Legislation and Testimony" is contained in 45 "books" and includes correspondence, notes and paste-ups of various sections of proposed versions of the bankruptcy bill. Section "F," of XLIII "Conference Materials" (Box 61, Folder 9 from the general materials described above) contains the index to the 45 books. Much of the contents are reiterations of information from the "Roman numeral" notebooks arranged for quick reference. Testimony is arranged by bill section.

The Ken Klee's bankruptcy files were created while Klee served as associate counsel for the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary. They are 4 cu. ft. in extent and are divided into three sections: uniform bankruptcy file, municipal bankruptcy file (MUN), and bankruptcy act subject files. An index to Klee's files is contained in Section "E" of XLIII "Conference Materials" (Box 61, Folder 9). The Uniform Bankruptcy Files are arranged numerically beginning with the number 102 and contain statements, testimonies, correspondence, memoranda, drafts and other relevant materials regarding the proposed bankruptcy rules. The Municipal Bankruptcy File is arranged numerically. The files are designated MUN with a corresponding number. These files also contain drafts, testimonies, statements, memorandums and reports. Klee's Bankruptcy Subject Files are arranged alphabetically. Included here (under 'g') is general correspondence from 1973-1978.

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16: Legal Services Corporation Act
Carton 50
1 cu. ft.

Legal Services Corporation Act papers consist of one cu. ft. of materials concerning the authorization of funding for this entity for the fiscal years 1982-1984. Included here are: the authorization bill, itself; correspondence; "discussion papers"; press clippings; transcripts of testimony and hearing proceedings. (The one file of material about the re-authorization of the Department of Justice follows the Legal Services papers.)

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17: Voting Rights Act Extension 1981
Carton 77-78
2 cu. ft.

The Voting Rights Act Extension series comprises Butler's legislative papers as a member of the House Judiciary Committee during the consideration of the extension of this Act.

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18: National Bankruptcy Review Commission
16 cu. ft.

The National Bankruptcy Review Commission papers are from Butler's service as a member of that body from 1995-1997. These 16 cu. ft. of materials include: correspondence; meeting minutes; memoranda and documents distributed to commission members; and the report of the commission and drafts of that report.

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19: Artifacts 1976, 1998
Carton 95-96

Bicentennial of American Revolution Flag; Bicentennial Medal, 1976; American College of Bankruptcy Commendation plaque, March 14, 1998.

Navy hat, brass buttons, insignia, pins and dog tags.

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20: Oversize Materials 1972-1982
Carton 3
1 oversize folder in map cases

Contents: 24"x36 inch photo of Butler, c. 1961; House Concurrent Resolution 672, July 1, 1976; Washington and Lee University Honorary Doctor of Laws Diploma, June 1, 1978; Birthday card from staff, June 2, 1973; National Small Business Association Certificate of Recognition, October 1978; certificate, Governor George Allen (Virgini) naming Butler to Governor's Advisory Council on Self-Determination and Federalism, November 14, 1994.

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