Morgan, Edmund Morris. Papers, 1925-1949: Finding Aid.
Harvard Law School Library, Harvard Library, Harvard University
Harvard Law School
© President and Fellows of Harvard College
Location: Harvard Depository
Call No.: HOLLIS 601705
Repository: Harvard Law School Library, Harvard Library, Harvard University
Title: Edmund Morris Morgan papers
Quantity: 13 boxes (2
Language of materials: English
Abstract: Papers relating to Morgan's service as chief reporter for the American Law Institute's
Model Code of Evidence, member of the Supreme Court's Advisory Committee on Rules
for Civil Procedure, chairman of the War Shipping Panel of National War Labor Board,
and chairman of the Dept. of Defense Committee on a Uniform Code of Military Justice.
Also included are teaching notes, student theses, and other papers from his career
Gift of E. M. Morgan in 1950.
Prepared by Erika S. Chadbourn, April, 1972
Access to these papers is governed by the rules and regulations of the Harvard Law
School Library. This collection is open to the public, but is housed off-site at Harvard
Depository and requires 2 business-day advance notice for retrieval. Consult the Special
Collections staff for further information.
The Harvard Law School Library holds copyright on some, but not all, of the material
in our collections. Requests for permission to publish material from this collection
should be directed to the Special Collections staff. Researchers who obtain permission
to publish from the Harvard Law School Library are also responsible for identifying
and contacting the persons or organizations who hold copyright.
The seven volumes of unpublished materials from the Committee on a Uniform Code of
Military Justice from the Edmund Morris Morgan Papers have been digitized. Click here to view images.
Morgan, Edmund Morris, Jr., educator.
- November 11, 1878
- b. Mineral Ridge, O.; s. Edmund Morris and Sarah M. (Davis) M.
- April 26, 1911
- m. Elsie Sears Smith; children: Roberta Mary, Edmund Sears
- Professor of Law, University of Minnesota
- Professor of Law, Harvard
- 1936-1937, 1942-1945
- Acting dean, Harvard School of Law
- Professor of Law, Vanderbilt University
- Chairman, Office Secretary of Defense, Committee to draft uniform military justice
- Assistant city attorney and acting city attorney, Duluth
- Special Counsel, Duluth Charter Commission
- Appointed city attorney, Duluth, but declined to qualify
- September 1917
- Commanding major, judge advocate
- July 1918
- September, 1917 - June, 1919
- Assistant to the judge advocate general, U.S. Army, Washington
- January 1966
Reporter on Code of Evidence, American Law Institute Member, Advisory Committee,
U.S. Supreme Court on Rules of Civil Procedure.
- Introduction to Study of Law, 1924, 1948
- Cases on Common Law Pleading, (Whittier and Morgan), 1917
- Cases on Evidence (Morgan and Maguire), 1934, 1942
- The Legacy of Sacco and Vanzetti (with G.L. Joughin), 1948
- Some Problems of Proof under Anglo-American System, 1956
The Edmund M. Morgan Papers in the Harvard Law School Library span the years 1925-1949.
The collection includes correspondence, notes, handwritten and mimeographed drafts,
proof sheets, printed drafts, legal documents, government documents, outlines, minutes
of meetings, reports, student theses, printed items, memoranda, and statistical tables.
The Papers relate to Professor Morgan's work as the chief reporter for the American
Law Institute's Model Code of Evidence, mainly during the 1937-1942 period, to his
contributions as a member of the Advisory Committee on the Federal Rules of Civil
Procedure (1936-1937), and to his service as Chairman of the War Shipping Panel of
the National War Labor Board (1943-1945). Also included are teaching notes and other
Harvard miscellany, a small group of correspondence, and seven bound volumes of items
which Professor Morgan collected while serving as Chairman of the Committee charged
with drafting the Uniform Code of Military Justice (1948-1949).
Among Professor Morgan's correspondence were: Charles E. Clark, Felix Frankfurter,
Augustus Noble Hand, Learned Hand, William Draper Lewis, John M. Maguire, Harlan Fiske
Stone, John H. Wigmore, and John N. Woolsey.
Another group of papers of Professor Morgan was left by him with the Vanderbilt University
Law School Library. This material consists mainly of correspondence and lecture notes.
- Series: I. AMERICAN LAW INSTITUTE
EMM was the reporter for the ALI's Model Code of Evidence (Restatement of the Laws
of Evidence). His advisers were: Judges Augustus Noble and Learned Hand, Prof. Charles T. McCormick, Prof. John M. Maguire, Charles E. Wyzanski, Jr.; Chief Consultant was Dean John H. Wigmore. Prof. Maguire also served as Prof. Morgan's
assistant on the drafting of the Code.
Material in this series relates mainly to EMM's work as a reporter on the Code of
Evidence. Items include correspondence, handwritten and typed drafts, printed preliminary
drafts, minutes of meetings relating to the restatement.
There is a significant amount of corr. between EMM and William Draper Lewis, the
Director and one of the founders of the American Law Institute.
Material in this series covers the years 1928-1930, 1937-1942.
- 1-1. Correspondence
- 1-2 to 1-10. Correspondence re Code of Evidence, May 26, 1937-Dec. 16, 1939, including draft code
of certain of the Rules of Evidence and comments thereon.
Date: May 26, 1937-Dec. 16, 1939,
- 1-11 to 2-1. Code of Rules of Evidence: drafts
Date: Nov. 23, 1939-Jan. 10, 1940
- 2-2 to 2-5. Correspondence re Code of Evidence
Date: Jan. - March, 1940
Mainly corr. from persons to whom draft of Code was submitted for comments
- 2-6 to 2-10. Correspondence re Code of Evidence
Date: Apr. - June, 1940
- 3-1 to 3-6. Correspondence re Code of Evidence
Date: July - Dec., 1940
Fold. 5 contains corr. with Wigmore
- 3-7 to 3-9. Code of Rules of Evidence, 1940: preliminary drafts, Council drafts
- 3-10 to 4-2. Code of Rules of Evidence, 1940: drafts of various chapters
Chapters 5, 6; mostly Hearsay
- 4-3 to 4-4. Correspondence re Code of Evidence
Date: Jan. - June, 1941
- 4-5 to 4-8. Correspondence re Code of Evidence
Date: July - Dec., 1941
- 4-9 to 5-1. Code of Rules of Evidence, 1941: drafts of various chapters
- 5-2 to 5-3. Suggestions
- 5-4 to 5-9. Correspondence re Code of Evidence
Date: Jan. - June, 1942
Fold. 8 contains corr. between EMM and Learned Hand, May 18, 19
- 5-5. Correspondence re: Code of Evidence
- 5-10 to 6-4. Correspondence re Code of Evidence
Date: July - Dec., 1942
- 6-5 to 6-8. Code of Evidence, Jan. - July 1942: drafts of Rules of Code, comments thereon, proceedings
at annual meeting, May 1942, relating to Code of Evidence, etc.No correspondence.
Date: Jan. - July 1942:
Date: May 1942,
- 6-9 to 6-11. Drafts of chapters of Code of Rules of Evidence, typed and handwritten, with corrections
- 5-6. Correspondence re: Code of Evidence
- 5-7. Correspondence re: Code of Evidence
- 5-8. Correspondence re: Code of Evidence
- 5-9. Correspondence re: Code of Evidence
- Series: II. FEDERAL RULES OF CIVIL PROCEDURE
EMM was a member of the Advisory Committee on the Federal Rules of Civil Procedure which were being drafted under the auspices of the Supreme Court of the United States.
Material consist of drafts of the Federal Rules of Civil Procedure, and EMM's comments
and suggestions on these drafts. It covers 1936/1937 period.
- 6-12. Tentative draft of Federal Rules of Civil Procedure, 1936/1937; Committee drafts
- 7-1 to 7-4. EMM's suggestions to Charles E. Clark on his Preliminary Tentative Draft III
- 7-5. Charles E. Clark's final Tentative Draft III
- 7-6. EMM's suggestions to go to Committee on final Tentative Draft III of Charles E. Clark
- 7-7 to 7-8. Sunderland's Preliminary Tentative Draft III; EMM's suggestions to Sunderland.
Final Tentative Draft III, including EMM's suggestions to Committee on Sunderland's
Final Tentative Draft III
- Series: III. NATIONAL WAR LABOR BOARD
EMM served as Chairman of the War Shipping Panel of the National War Labor Board during a brief period of World War II; he was a "public member" of this Board. EMM
resigned from the Panel Sept. 1, 1944. Material in the series covers period of 1943
to 1945, and it includes correspondence and cases submitted for arbitration; it deals
with such problems as labor disputes over wages, hiring practices, work hours, competition
between shipping lines, contracts. Some of the corr. is with the executive secretary
of the Panel.
- 7-9. Miscellaneous items; includes congratulatory letters on EMM's Chairmanship appointment
to NWLB's War Shipping Panel
Date: Aug. 1943
- 7-10. Atlantic and Gulf Coast Steamship Companies and the National Maritime Union.
Case No. 111-4743-D.
- 8-1 to 8-2. Bethlehem Transportation Corporation, Inland Steel Company, International Harvester Company, Interstate Steamship Company.
Case No. 376
- 8-3. Bermuth Lembcke Co.
Case No. 47-51M.E.B.A. and 23 other cases
- 8-4 to 8-5. Carnegie-Illinois Steel Corporation et al. and United Steelworkers of America
Case No. 111-6230-D (14-1, et al.)
- 8-6. Colliers Owners' Ass. (Boston, Mass.) and Amer. Communications Assn. (Marine Dept.) Radio Operators, C.I.O.
- 8-7. Dunham Towing & Wrecking Company and Tug Firemen, Linemen & Oilers Protective Association of North America, I.L.A.
Case No. 111-4712-D
- 8-8. The Great Lakes Towing Company and Tug Firemen, Linemen & Oilers Protective Association of North America, I.L.A.
Case No. 111-7970-D
- 8-9 to 8-12. Harbor Carriers of Port of N.Y. and Tidewater Boatmen's Union, Local 933-1, International Longshoremen's Ass., AFL
Case No. 111-2435-D
- 8-13. Nat. Bulk Carriers, Amer. Pet., Phoenix S.S., Tanker Oceanic S.S., Gulf Oil, Sinclair
Oil, Spencer Kellog, and Pan-American and Amer. Communications Assn., C.I.O.
Case No. 111-118-C
- 8-14. Ore S.S. Corp. and Marine Engineers' Beneficial Assn., C.I.O., Local 33
- 8-15 to 9-2. Pacific American Shipowners Assn. and Nat. Organization of Masters, Mates & Pilots of America, Local #90 A.F. of L.
Case No. 111-1360-D
- 9-3. Providence, R.I. Steamboat Company
- 9-4. Standard Fruit and Steamship Co. and National Maritime Union of America, C.I.O.
Case No. 111-6058-D
- 9-5. U.S. Lines Company and Nat. Marine Engineers' Beneficial Assn. (Wage Scale MV John Ericsson)
Case No. 13-202
- 9-6. Temporary: Calmar Steamship Corp. and American Communications Ass'n. Local #2 C.I.O.
Case No. 111-3730-D
- 9-7. Temporary: Oil Carriers
Case No. 111-2891-D
- 9-8. Temporary: Uniform Contract case
Cases No. 111-4649-D and 111-4932-D
- 9-9 to 9-11. War Shipping Administration Panel, M-Z
- Series: IV. TEACHING NOTES
Folders contain mainly notes for EMM's courses in Civil Procedure, and they cover
the years 1925 to 1932. Notes were in complete disarray, and no attempt has been made
to re-organize them as they are quite incomplete. There are a few items of EMM's Evidence
- 9-12 to 10-6. Civil Procedure
- Series: V. HARVARD AND OTHER MISCELLANY
Items cover period of 1926-1944. They relate to some of EMM's research and writing
activities, miscellaneous committee work and surveys, and student work. EMM was on
the Faculty of the Harvard Law School from 1925 to 1950.
- 10-7. Full Faith and Credit Clause of the Constitution: Corr., 1926-1927, relating to problems
- 11-2. Bates v. Bates
Date: June 9, 1927
Brief of a legal case
- 11-3 to 11-5. Harvard Crime Survey
In reverse chron. order (1932-1927) Mainly carbons and communications from Felix Frankfurter
who was Chairman of Survey
- 11-6 to 11-8. Student papers submitted to Prof. Morgan
- 11-9. Ladd, Mason. Typed paper on hearsay impeachment [ ca. late 1930's]
Date: late 1930's
- 11-10 to 11-12. Refugee Fellowships
EMM was the Chairman of a " Committee for Selection of Applicants for Law School Fellowships"; this Committee was made up of law teachers from 6 Eastern universities. Committee
was established in May of 1939
- 11-13. Morgan, Edmund M. " Judicial Notice"
Reprint from Harvard Law Review, Jan. 1944, with marginal notes, underlining of text,
etc., by EMM
- Series: VI. CORRESPONDENCE
Professional correspondence with Felix Frankfurter, Judges Augustus Noble Hand, Learned
Hand, and John N. Woolsey, and Chief Justice Harlan Fiske Stone. Correspondence includes
letters received and carbons of letters sent. Period covered is 1929 to 1948.
- 11-15 to 11-16. Frankfurter, Felix
- 11-17. Hand, Augustus Noble1 item, undated, ANH to EMM
- 11-18. Hand, Learned 6 items: 1929, 1941, 1945, 19485 items LH to EMM; 1 item EMM to LH
- 11-19. Lummus, Henry T.: 1933, 1934, 1935, 1937, 1938
- 11-20. Moors, John F., 1942, 1948
- 11-21. O'Connell, William Cardinal, 1940
- 11-22. Pepper, George Wharton, 1941, 1948
- 11-23. Stone, Harlan Fiske17 items: 1929, 1935, 1938, 1941
- 11-24. Woolsey, John N.4 items
- Series: VII. ADDENDA
This series includes three groups of material: drafts of The Legacy of Sacco and Vanzetti (book co-authored by EMM with G.L. Joughin); papers collected by EMM while he served
on the Advisory Committee on Rules of Civil Procedure (including copies of correspondence,
reports and proposed amendments); and additional material relating to EMM's work as
reporter for ALI's Model Code of Evidence.
- 12-1. Handwritten notes and typescript drafts for The Legacy of Sacco and Vanzetti . Also, a memorandum from G.L. Joughlin to EMM dated March 31, 1945.
- 12-2. Drafts of Chapters III and IV. Annotated, typescript pages.
- 12-3. Drafts of Chapters II, III, and V. Annotated, typescript pages.
- 12-4. Photocopy of Decision of Gov. Alvan T. Fuller in the Matter of the Appeal of Bartolomeo Vanzetti
and Nicola Sacco..., typed letters, signed, from Louis Joughin to EMM: April 25, 1945, November 15, 1945,
mss. note, draft of Introductory Note to Chapters II and III
- 12-5. Typed and mss. first drafts of Chapter IV and footnotes, annotated. April 11, 1946.
- 12-6. Commonwealth of Massachusetts vs. Bartholomeo Vanzetti and Commonwealth vs. Nicolo
Sacco. Statement in re substitution of barrels in court exhibit pistols. Signed by
clerk and annotated [by Morgan].
- 12-7. Draft of Chapter III, annotated typescript.
- 12-8. Draft footnotes for Chapters II and III, annotated typescripts.
- 12a-1. Footnotes, Chapter IV-VI
- 12a-5. Chapter IV and V drafts
- 12a-6. Sacco-Vanzetti article
- 12-9. Material related to Advisory Committee on Rules of Civil Procedure collected by EMM
- 12-10. Material related to Advisory Committee on Rules of Civil Procedure collected by EMM
- 13-1. Material related to Advisory Committee on Rules of Civil Procedure collected by EMM
- 13-2. Material related to Advisory Committe on Rules of Civil Procedure. Includes annotated
typescript pages as well as handwritten notes.
- 13-3. Draft Code of Rules of Evidence (ALI), rules 21 - 37, (with EMM's annotations)
Date: Oct. 16, 1939
- 13-4. Draft Code of Rules of Evidence (ALI), rules 39-46 (with EMM's annotations)
Date: Nov. 2, 1939
- 13-5. Draft Code of Rules of Evidence (ALI), Chapter 1, Rule C
Date: Nov. 16, 1939
- THE COMMITTEE ON A UNIFORM CODE OF MILITARY JUSTICE
Edmund M. Morgan, Chairman
- The seven volumes from The Committee on a Uniform Code of Military Justice have been
digitized, and are available here.
- THE COMMITTEE ON A UNIFORM CODE OF MILITARY JUSTICE
Volume I - Paige Box 1
Vanderbilt Report - 13 Dec. 1946, & Attached Papers
- 2. Correspondence re & Appointment of Morgan
- 3. Successive Agenda Sheets of Morgan
- 4. UCMJ - Draft of 18 Aug. 1948
- 5. Isolated Selections of controversial provisions, apparently
for revision in Conference
- 6. Committee Hearing on
Elston Bill, 8 & 15 July 1947
Volume II - Paige Box 1Comparative Studies, reflecting:
See Larkin Introduction, 6 Jan. 1949 - First page
Existing AW - 1948MCM 1949
- 2. Comparable AGN
Provision, plus NCB & Navy Bill
- 4. Recommendations
Volume III - Paige Box 1
- 1. Tentative Draft, UCMJ
- 2. Comparative table, Provisions of A W 1920 & A G N
- 3. Correspondence re and report of Committee on Military
Justice, New York County Lawyers Association
- 4. Memo -
Prof. Morgan on Legality of Judicial Council System
Statement of Association Secretary Gray on Appelate proposals with
- 6. Correspondence and Memos re points of
difference within Morgan Committee
- 7. Pencilled notes
(apparently Prof. Morgan)
- 8. Naval Justice
- 9. Table of Comparative Provisions, A W 1920 & A G N
- 10. First Ballentine Report, 23 July 1943
Second Ballentine Report, 24 April 1946
- 12. Maguire
Report, 21 Nov. 1945
- 13. Senate 1338, 80th Congress, For
- 14. Mimeographed Version of # 13
- 15. Synopsis of various recommendations of Committee for
Improvement of Naval Justice
- 16. Fr. White's Report on
- 17. Report of General Court Martial
Sentences Review Board (Keefe Report)
Volume IV - Paige Box 2
- 1. The Uniform Code of
Mililtary Justice, Tentative Draft of January 7, 1949,
- 2. An Act, H.R. 2498 [draft]
"J.J. Whelan – Second Draft", letter dated 16 September 1948, written
by Morgan, soliciting comments regarding the Committees charge
- 4. Comments on the work of the Committee from interested
individuals and organizations, both solicited and unsolicited
- 5. Correspondence and Memoranda containing comments on various
parts of the Code
- 6. Report of the Institute of Living
Law, "Bill to Revise the Articles of War"
- 7. A Plan for
the Reorganization of the Naval Courts Martial," Robert L.
Volume V - Paige Box 2
- 1. What appears to be final mimeographed form of UCMJ as
submitted to Congress
- 2. Corr. about # 1, and a proposed
summary of its contents for submission to Secretary of Defense,
including a statement of disagreement among the Services
- 3. Printed form with comments of Committee
- 4. H.R.
2498 - UCMJ as introduced
- 5. Radioscript for ABC radio
- 6. Comments of Secretary of Defense on H 2498
- Armed Services Committee, 7 March 1949
- 7. Report of
British Army & Air Force Courts - Martial Committee
- 8. Some pencilled notes on British system
- 9. Typed
copy of article from The Economist, 25 Sept. 1948
Volume VI - Paige Box 2
- 1. Corr. re
questions raised by House Committee
- 2. Prof. Morgan's
statement of 7 March 1949 to House Armed Services Committee
- 3. Statement of A. E. Farmer - War Veterans Bar Ass'n. to same
- 4. Statement of R. H. Wells - Special Committee on
Military Justice of N.Y. County Lawyers Ass'n., to same Comm.
- 5. Statement, John W. Kenney, Under secretary of Navy, to same
- 6. Statement of Prof. Keefe to same
- 7. Navy Dept. Bulletin 30 April 1944,
- 8. Statistical tables on status of Courts
- 9. Hearings on H.R. 2498 - Subcommittee on House
Armed Services Committee
- 10. H.R. 4080 - as it came out
- 11. Abstract of changes made in
Volume VII - Paige Box 2
- 1. Some detached drafts of various paragraphs of Code
- 2. Various Agenda sheets for Committee meetings
Charts of Army Review system under 1920 A.W.
- 4. Some
proposals by Prof. Morgan for phrasing of punitive articles
- 5. Mimeographed material on punishment
Preparation for Forrestal & Morgan appearance before House
- 7. Opinion in Smith v. Hiatt (U.S.C.A.,
- 8. Hirshberg, Certiorari Petition
Reprint of Farmer & Wells article, 24 N.Y. Univ. L.Q. 263 April
- 10. Vol. 14, Mo. Law Rev. # 1, CONTAINING Fratcher
- 11. Reprint of Keefe article in 233 Cornell L.Q.
Civil procedure - United
Evidence (Law) - United States.
Law - Study and
Military law - United States.
Clark, Charles Edward,
Hand, Augustus Noble,
Hand, Learned, 1872-1961.
Lewis, William Draper, 1867-1949.
Maguire, John MacArthur, 1888-1978.
Morgan, Edmund Morris, 1878-1966.
Stone, Harlan Fiske, 1872-1946.
Tilton, Henry T. (Henry Tilton), 1876 - 1960.
Wigmore, John Henry, 1863-1943.
Woolsey, John N.