A Guide to the Lewis F. Powell Jr. Papers, 1929-1998 Powell, Lewis F. Jr., Papers, 1921-1998 001

A Guide to the Lewis F. Powell Jr. Papers, 1929-1998

A Collection in the
Lewis F. Powell, Jr. Archives
Collection Number 001


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Washington and Lee University, School of Law, Lewis F. Powell, Jr. Archives

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/

© 2015 By Washington and Lee University. All rights reserved.

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

Processed by:John N. Jacob and the staff of the Lewis F. Powell, Jr. Archives. John N. Jacob

Repository
Lewis F. Powell, Jr. Archives, School of Law, Washington and Lee University
Collection number
001
Title
Lewis F. Powell Jr. Papers 1921-1998
Physical Characteristics
The papers are 363 cu. ft. in extent.
Creator
Lewis F. Powell, Jr.
Language
English

Administrative Information

Access

By terms of the donor agreement, researches must obtain permission of the archivist before doing research in the case files from the Supreme Court or Court of Appeals portions of the papers. Additionally, portions of the Family Papers series are closed or require special permission for access and use. Specific terms of access are available from the Powell Archives or from its World Wide Web site.

Preferred Citation

Lewis F. Powell Jr. Papers, 1921-1998, Ms 001, Lewis F. Powell, Jr. Archives, Washington and Lee University, Lexington, VA

Provenance

The portions of these papers, including personal and family correspondence, created prior to Lewis F. Powell, Jr.'s joining the Supreme Court in 1972 were stored in his Hunton & Williams law firm office in the Electric Building in Richmond, Virginia or in that firm's storage facility known as the Presbyterian Building. Most of these pre-court papers were deposited at the Virginia Historical Society in August 1983.

In 1988, Justice Powell authorized the writing of his biography by University of Virginia (UVA) law professor John C. Jeffries Jr. In December 1989, Powell announced his decision to leave his papers to Washington and Lee University (W & L) to be housed in a specially constructed facility at the School of Law. Before going to W & L, however, personal and professional papers, which had been on deposit at the Virginia Historical Society, along with selected Supreme Court files, were transferred to the UVA School of Law's Special Collections department, for use in Professor Jeffries' biography. At Powell's request, the papers were housed there in courtesy storage for four years. Only Jeffries and his research assistants were allowed access to the papers during this period.

Papers from Powell's tenure on the Supreme Court (1972-1987) were stored in his chambers and in a storage room in the court building. In the Spring of 1989, as part of the project mentioned above, Professor Jeffries was allowed to have selected files (which were, for the most part, files of cases in which Powell wrote the Court opinion or a dissenting opinion) shipped to the UVA Law Library. Most of the Court files not chosen by Jeffries were shipped to W & L on March 4, 1992.

Powell's son, Lewis F. Powell III, located ten bound volumes of his father' s law school notes in a Hunton & Williams storage facility in the late 1980's. These volumes were kept in Lewis III's Hunton & Williams office until February 1991 when they were shipped to Professor Jeffries at the UVA law school. He, in turn, sent them to the W & L law school when he had finished with them.

The papers held in courtesy storage at UVA were moved to W & L in two shipments: September 8, 1992, and August 31, 1993. Subsequently some small additions have been mailed from the court to W & L.

On December 3, 1996, all Powell papers remaining at the Supreme Court were shipped to Washington and Lee School of Law in anticipation of the January 7, 1997 closing of Justice Powell's Supreme Court chambers. This shipment of 210 cubic feet of materials included: 110 cubic feet of papers; the Powell chambers' library; fine art; photographs; awards; and artifacts (including Justice Powell's Supreme Court bench chair). Most of these papers are from after Powell's 1987 retirement from the Supreme Court and include extensive documentation of Powell's work as an extra judge on the U.S. Court of Appeals. Approximately three feet of these papers came from Justice and Mrs. Powell's Washington apartment. In February 1999, shortly after the chambers closing, a final 16 cu. ft. of materials were transferred from the Supreme Court. Of this accession, 12 ft. were records and the remaining 4 ft. were artifacts.

The papers resided at W & L School of Law under a deposit agreement with Justice Powell. They were opened to researchers under the terms of this deposit agreement in April 1994. Following the 1998 death of Justice Powell, title to the papers passed to the School of Law by terms of his will.

In May 1999, approximately 35 cu. ft. of books, papers, photographs, and artifacts from Justice Powell's Richmond, Virginia home were transferred to the Powell Archives. Artifacts from Powell's student days at W & L and from his military service were included in this accession.

Biographical/Historical Information

LEWIS F. POWELL, JR. CHRONOLOGY

1907 Sept. 19, Born, Suffolk, Virginia
1925 B.S. magna cum laude, Washington & Lee University
1931 LL.B, Washington & Lee University; Admitted to Virginia Bar
1932 LL.M, Harvard Law School; Joined Richmond Law Firm of Christian, Barton & Parker
1935 Joined Richmond law firm of Hunton, Williams, Anderson, Gay & Moore
1936 Married Josephine Pierce Rucker
1938 Jan.1, Became partner of Hunton, Williams; July 1 Josephine McRae (Jody) Powell born
1938-1941 Instructor in economics, Evening School of Business, University of Richmond
1940 Sept. 19, Ann Pendleton (Penny) Powell born
1941 Elected Chairman, Junior Bar Conference, American Bar Association
1942 Volunteered for service in Army Air Forces
1946 Discharged from Army with rank of colonel; resumed practice at Hunton, Williams
1947 July 1, Mary Lewis Gwathmey (Molly) Powell born
1947-1948 Chairman, Richmond Charter Commission
1948-1949 President, Richmond Bar Association
1948-1952 Special Assistant to the Attorney General re Selective Service
1950 Joined Richmond School Board
1952 Sept. 14, Lewis F. Powell, III born
1952-1961 Chairman, Richmond School Board
1954 June 1 Became senior, named partner of Hunton, Williams, Gay, Moore & Powell
1958 Member of American Bar Association delegation to Soviet Union
1961-1969 Member of Virginia State Board of Education
1962 Represented Albemarle Paper Manufacturing in Acquisition of Ethyl Corporation
1964-1965 President, American Bar Association
1965-1966 Member, National Advisory Committee on Legal Services to the Poor
1965-1967 Member, President's Commission on Law Enforcement and Administration of Justice
1967-1968 Member, Virginia Constitutional Revision Commission
1969-1970 Member, Blue Ribbon Defense Panel; President, American College of Trial Lawyers
1969-1971 President, American Bar Foundation
1971 Oct. 21, Nominated to Supreme Court by President Nixon; Dec. 7, Nomination confirmed by Senate
1972 Jan. 7, Sworn-in as Associate Justice of the Supreme Court
1987 June 26, Retired as Associate Justice of the Supreme Court
1987-1996 Sat on the U.S. Circuit Court of Appeals as an extra judge
1996 July 24 Josephine Rucker Powell died
1997 Jan. 7, Powell Supreme Court Chambers closed
1998 August 25, Lewis F. Powell Jr. died

Scope and Content Information

The Lewis F. Powell Jr. Papers document the life of this Richmond, Virginia attorney and Associate Justice of the United States Supreme Court. The papers span the years 1921-1998(some few items of family history pre-date this period)and document his legal career; military service in World War II; leadership positions in varied civic and professional organizations; and friendships and family relations. Documentation of his work as an attorney is limited, as client files remain with his former law firm, Hunton & Williams. At one hundred forty two cubic feet, Supreme Court case files, 1972-1987, constitute almost half of the collection.

Organization

The papers are arranged in twelve subgroups. There are also oversized materials that are housed separately for preservation purposes. The first eleven subgroups represent different aspects of Powell's life and career. The final subgroup contains series of materials by form. These materials had never been integrated into the preceding larger body of papers. Most series are divided into subseries. Further divisions beneath this level are common.

1. Biographical Materials, 1797, 1859, 1873, 1942-1983

Series 1.1 General, 1942-1983
Series 1.2 Biographical & Historical Memoranda, 1959- 1983
Series 1.3 Genealogical Materials, 1797,1859, 1873, 1951-1981

2. Personal Papers, 1921-1996

Series 2.1 Correspondence, 1932- 1971
Series 2.2 Family Papers, 1941- 1996
Series 2.3 Education, 1921-1932
Series 2.4 Speeches, Statements and Writings, 1937-1971

3. Military Service Papers, 1942- 1994

Series 3.1 World War II, 1942-1946
Series 3.2 Post World War II, 1946-1964
Series 3.3 Historical Studies & Interviews, 1971- 1994

4. Law Firm (Hunton & Williams) Records, 1945-1972

Series 4.1 Correspondence, 1954,1958
Series 4.2 Memoranda, 1945-1972
Series 4.3 Forms File, 1945-1951
Series 4.4 Financial Statement, 1949-1954
Series 4.5 "Housekeeping" Records, 1949-1972

5. Professional Associations, 1937- 1971

Series 5.1 American Bar Association, 1937-1971
Series 5.2 American Bar Foundation, 1960-1971
Series 5.3 American College of Trial Lawyers, 1958-1971
Series 5.4 American Judicature Society, 1958- 1963
Series 5.5 American Law Institute, 1947-1967
Series 5.6 Association of Life Insurance Counsel, 1957-1963
Series 5.7 National Center for State Courts, 1971
Series 5.8 Richmond Bar Association, 1946- 1966
Series 5.9 Virginia State Bar Association, 1948-1970

6. Federal Commissions, Panels and Conferences, 1948-1971

Series 6.1 Special Assistant to the Attorney General re Selective Service, 1948-1952
Series 6.2 Joint Civilian Defense Orientation Conference, 1957- 1958
Series 6.3 Attorney General's Conference on Court Congestion and Delay In Litigation, 1958-1960
Series 6.4 President' s Commission On Law Enforcement and Administration of Justice, 1965-1967
Series 6.5 Blue Ribbon Defense Panel, 1969-1970
Series 6.6 Advisory Commission of the Federal Judiciary Center, 1971

7. Civic Activities, 1946- 1971

Series 7.1 Richmond Chamber of Commerce, 1946- 1960
Series 7.2 Richmond Charter Commission, 1947-1957
Series 7.3 American Cancer Society--Richmond Chapter, 1949- 1950
Series 7.4 Richmond School Board, 1950- 1962
Series 7.5 State Library Board (Virginia), 1954-1964
Series 7.6 Virginia Industrialization Group, 1958-1964, 1980
Series 7.7 Virginia Foundation for Independent Colleges, 1959-1961
Series 7.8 Virginia State Board of Education, 1961- 1969
Series 7.9 Virginia Magna Carta Commission, 1964-1965
Series 7.10 Commission On Constitutional Revision (Virginia), 1968-1971

8. Board Memberships, 1937-1994

Series 8.1 Civic, 1940-1966
Series 8.2 Educational, 1937- 1994
Series 8.3 Corporate, 1946- 1972

9. Political Campaigns, 1952-1970

Series 9.1 Virginia Democrats for Eisenhower, 1952-1956
Series 9.2 Walter Robertson Senate Campaign, 1965- 1966
Series 9.3 Harry F. Byrd, Jr. Senate Campaign, 1970

10. United States Supreme Court, 1968-1994 (bulk 1972-1987)

Series 10.1 Papers re Nomination and Confirmation, 1968-1971
Series 10.2 Correspondence, 1972-1987
Series 10.3 Memoranda, 1972-1987
Series 10.4 Subject Files, 1972-1987
Series 10.5 Opinion Assignments, 1972-1987
Series 10.6 Supreme Court Cases, 1972-1987
Series 10.7 Speeches, Writings and Interviews, 1972-1987
Series 10.8 Trips, 1972-1986
Series 10.9 Retirement, 1987
Series 10.10 Calendars, 1971-1987

11. Retirement, 1987- 1998

Series 11.1 Correspondence, 1987-1998
Series 11.2 Subject Files, 1987- 1996
Series 11.3 Habeas Corpus Committee, 1988-1992
Series 11.4 Teaching Files, 1988-1991
Series 11.5 Speeches & Writings, 1987-1995
Series 11.6 Case Files, 1987- 1996
Series 11.7 Trip Files, 1987- 1996
Series 11.8 Appointment Calendars

12. Materials by Form

Series 12.1 Photos
Series 12.2 Audio & Video Recordings
Series 12.3 Scrapbooks
Series 12.4 Clippings
Series 12.5 Printed Materials
Series 12.6 Artifacts

Separated Material

Published materials, including monographs, serials, pamphlets, periodicals, and reprints from both Justice Powell's Supreme Court Chambers library, and from his home library are stored separately from the papers. Many of these publications bear hand-written author dedications to Powell. Powell has annotated several of them. These publications have been cataloged and classified and are searchable through the Washington and Lee University online public access catalog. There is also a


Administrative Information

Contents List

1.0: Biographical Materials 1900-1995

The Biographical Materials fill two five-inch boxes. The series Biographical & Historical Memoranda is of special interest. Many of these memoranda express the common theme of Powell's concern about historical misinterpretation of his actions. This concern is most strongly expressed in his memoranda dealing with the desegregation of Richmond schools during his school board presidency.

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2.0: Personal Papers 1921-1996
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3.0: Military Service Papers 1942-1994

The subgroup Military Service Papers, (3 cu.ft.) includes series of records and papers concerning: World War II; Powell's postwar military associations; and his participation in historical studies of World War II.

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4.0: Law Firm (Hunton & Williams) Records 1945-1972

Though Powell spent thirty-eight years at Hunton & Williams the subgroup, Law Firm (Hunton & Williams) Records (5.5 cu. ft.), is not extensive. For reasons of client confidentiality and corporate records management, all of his client files remained with the firm's records. (For records of Powell's lawyering, see the civic and corporate series of the Board Memberships subgroup.) What can be found here is a small series of correspondence on two specific topics, memoranda, a forms file containing exemplar legal documents, some few firm financial statements, and "housekeeping" records. This last mentioned series contains what are potentially the most interesting materials in the subgroup. The "Time Tickets, 1956-1971" form a record of how Powell expended his billable and pro bono hours. His personal calendars show his appointments from 1949 to 1971.

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5.0: Professional Associations 1937-1971

The subgroup Professional Associations (35 cu. ft.) contains Powell's files concerning his memberships, and the offices he held, in a variety of legal associations.

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6: Federal Commissions, Panels, and Conferences 1948-1971
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7.0: Civic Activities 1946-1971

Comprises the records (6.75 cu. ft.) of ten governmental and charitable organizations serving the Richmond area or the Commonwealth of Virginia, with which Powell was associated.

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8: Board Memberships 1937-1994

The subgroup Board Memberships contains records and papers concerning many of the numerous civic, educational and corporate boards to which Powell belonged. Powell served as counsel--often pro bono or at reduced hourly fees--for many of the civic organizations of which he was a board member. He served as general counsel to several of the corporations whose boards he would later join. As a result, records of some actions taken by Powell as legal representative were interfiled with records of his board membership. As previously mentioned, all other files concerning clients represented by Powell are retained by Hunton & Williams. This subgroup, therefore, is at least as important for its documentation of Powell's lawyering as it is in recording his work as a board member. In addition to representing these firms in specific actions, in nearly every instance Powell was involved in revising basic organizational documents, especially charters and bylaws. He resigned from all corporate boards when his nomination to the Supreme Court was confirmed.

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9: Political Campaigns 1952-1970

The subgroup Political Campaigns, 1952-1970 documents Powell's work in both of Dwight D. Eisenhower's presidential campaigns, and in the U.S. Senate campaigns of Walter Robertson and Harry F. Byrd, Jr.

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10: Supreme Court of the United States 1968-1994 (bulk 1972-1987)
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11: Retirement 1987-1998

Retirement papers, 40.5 cu. ft includes all materials created and collected by Justice Powell after his retirement from the Supreme Court in June 1987. As a retired Associate Justice, Powell maintained chambers in the Supreme Court Building until January 1997. He also maintained chambers in Richmond. He sat as an extra judge, primarily on the 4th U.S. Circuit Court of Appeals in Richmond.

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12: Materials by Form
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