Burke Marshall (#161)

An Inventory of His Personal Papers, 1944-2003
In the John F. Kennedy Library
National Archives and Records Administration

Administrative Information
Biographical Note
Collection Overview
Note to Researchers  
List of Series
Collection Description

Administrative Information

Abstract
Papers 1944-2003
Lawyer, government official, professor. Assistant Attorney General, Civil Rights Division, Department of Justice (1961-1964); Partner, Covington and Burling (1965); General Counsel (1965-1969) and Vice President (1969), International Business Machines Corporation (IBM); Professor of Law, Yale University (1970-2003). Personal and professional correspondence, writings, subject files, organizational materials, and legal documents relating to civil rights legislation, events, and organizations; Robert F. Kennedy and the Kennedy Family; the John. F. Kennedy Presidential Library and Yale University.

Access
Open.

Usage Restrictions
Documents in this collection that were prepared by officials of the United States as part of their official duties are in the public domain. Users of these materials are advised to determine the copyright status of any document from which they wish to publish.

Copyright
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. The copyright law extends its protection to unpublished works from the moment of creation in a tangible form. Direct your questions concerning copyright to the reference staff.

Provenance
Received from Burke Marshall of Bedford, New York, in November 1965; Burke Marshall of New Haven, Connecticut, in October 1975 (Acc. 1976-011); and the estate of Burke Marshall via Yale University, in June 2004 (Acc. 2004-086).

Extent
About 82,200 items (58 linear feet; 70 cubic feet).

Items Separated
Items separated include photographs and audiovisual items (P-161), oversized items (OV- 161), and museum objects (MO-161).

Date Opened
January 2008.

Finding Aid Prepared by
Jaimie Quaglino, Elizabeth Williams, Emily Todd, Rachel Searcy, and Emily Rupp.

Related Collections
Ford Foundation Records, John F. Kennedy Library
Thomas M.C. Johnston Papers, John F. Kennedy Library
Robert F. Kennedy Personal Papers, John F. Kennedy Library
Burke Marshall Oral History Interviews, John F. Kennedy Library
William H. Orrick, Jr. Papers, John F. Kennedy Library
Scott J. Rafferty Papers, John F. Kennedy Library

The Personal Papers of Burke Marshall

Biographical Note
Burke Marshall was born October 1, 1922, in Plainfield, N.J. He attended Philips Exeter Academy and earned his B.A. from Yale University in 1943. He served in the Army during World War II, working as a Japanese translator and cryptanalyst. After the war, Marshall returned to Yale to study law. He graduated in 1951, and went to work for the Washington, D.C. law firm of Covington and Burling. In 1961, he was appointed Assistant Attorney General by Robert F. Kennedy. During his four-year tenure as head of the office’s Civil Rights Division, Marshall played an integral role in the 1961 ban on segregation in interstate travel and in the integration of the University of Mississippi, as well as shaping legislation for the Civil Rights Act of 1964. Following his resignation in 1965, Marshall returned to commercial legal practice at Covington and Burling before joining IBM where he served as vice president and general counsel for five years. In 1970, Marshall returned to Yale as a deputy dean and professor of law. There he taught political and civil rights classes for over three decades, eventually earning the title of Professor Emeritus. Throughout his professional career, Marshall served on a variety of professional committees and organizations, including the Vera Institute of Justice which he chaired 1966 to 1986. He also maintained a role as legal counsel and friend to members of the Kennedy family. Marshall died on June 2, 2003 at his home in Newton, Connecticut, at the age of 80.

Collection Overview
This collection of Burke Marshall papers highlight Marshall’s major professional roles working as Assistant Attorney General under the Kennedy and Johnson administrations, as a lawyer and administrator for the Covington and Burling law firm and IBM corporation, and as a professor at Yale University, as well as his multi-decade relationship with the Kennedy Family. Materials document his interest and involvement with civil rights movements and legislation, including the integration of the University of Mississippi, the Civil Rights Acts of 1964, 1966, and 1968, and the Voting Rights Act of 1965. Documents also reflect his work as a lawyer and counsel for a variety of issues and organizations over the years including the Bedford Stuyvesant Corporation, the National Advisory Committee on Selective Service (NACSS), and the Vera Institute of Justice. The collection is divided into four major series: Series 1. Assistant Attorney General Files; Series 2. IBM Office Files, Series 3. Yale Office Files, and Series 4. Kennedy Family Files.

Note to Researchers
The original deposit of Burke Marshall’s materials was opened to research in 1972 and can be found in Series 1. Assistant Attorney General Files. An October 1975 addition was integrated into the original deposit and called "Bedford Stuyvesant File." In June 2004, an addition that exceeded the size of both the original deposit and the first addition resulted in the creation of three (3) new series (Series 2., 3., and 4.) and the intellectual and physical re-evaluation of the previously deposited materials. All additions to the original deposit are considered new series. Processing staff applied formal series numbers and created series descriptions and complete folder lists for all seventeen (17) subseries in Series 1. The 1975 addition of the Bedford Stuyvesant files were placed in Series 3. and are now found in Series 3.3. Bedford Stuyvesant Files. Note that the original box numbers are retained for Series 3.3. to document the original location of the material.

List of Series

Collection Description

Series 1. Assistant Attorney General Files, 1958-1965 (1961-1964 bulk).
About 25,000 items.

This series consists of materials relating to Burke Marshall’s work with Robert F. Kennedy and for the Department of Justice as Assistant Attorney General in the Department’s Civil Rights Division. Types of materials include correspondence, writings, administrative and legal documents and reports, subject files, and published materials relating primarily to civil rights issues, events, and legislation.

This series constitutes the original deposit of Mr. Marshall’s materials and is arranged into seventeen (17) subseries. The subseries are preceded by an index to the files and a list of events and achievements of the Department of Justice. All additions to this original deposit are considered new series. Note that Marshall used files from this time period in his later studies, work, and instruction. For example, files relating to the Civil Rights Act of 1964 (as well as later civil rights legislation) can also be found in Series 2. IBM Office Files. Materials relating to “civil rights” in general, including correspondence and subject files on Mississippi, can be found in Series 3.1. Yale Office Files, General Subject Files. A small amount of material relating to Burke Marshall’s work with Senator Robert F. Kennedy on his 1964 senatorial campaign can be found in Series 4. Kennedy Family Files.

Series 1.1. Chronological File, 1961-1965.
About 2,000 items.
Arrangement: chronological by year, thereunder chronological by month.

This series primarily contains carbon copies of outgoing letters sent from Burke Marshall’s office to colleagues and contemporaries, friends, the public, and other federal employees relating to the general activities and operations of the Department of Justice Civil Rights Division.

Series 1.2. Alphabetical File, 1961-1964.
About 2,500 items.
Arrangement: alphabetical by correspondent, thereunder chronological by year.

This series contains carbon copies, similar to those found in Series 1.1., of outgoing letters sent from Burke Marshall’s office to colleagues and contemporaries, friends, the public, and other federal employees relating to the general activities and operations of the Department of Justice Civil Rights Division. Unlike files in Series 1.1., not all years are covered by each letter, and no files exist for the year 1965.

Series 1.3. General Correspondence, 1961-1964.
About 2,500 items.
Arrangement: chronological by month and year.

This series contains incoming letters sent to Burke Marshall’s office from colleagues and contemporaries, friends, the public, and other federal employees relating to the general activities and operations of the Department of Justice Civil Rights Division, as well as occasional carbon copies of Marshall’s outgoing response.

Series 1.4. Special Correspondence, 1961-1964.
About 600 items.
Arrangement: alphabetical by correspondent.

This series contains a mixture of carbon copies and originals of correspondence sent to and from Burke Marshall’s office to and from “special” recipients including Robert F. Kennedy, President John F. Kennedy, members of Congress, and civil rights figures such as James Meredith and Martin Luther King. Some letters are accompanied by newspaper clippings.

Series 1.5. Telephone Logs, 1961-1965.
About 2,100 items.
Arrangement: chronological by month and year.

This series contains daily handwritten logs documenting activities and communications in Burke Marshall’s office. Logs predominantly contain incoming and outgoing telephone traffic. Logs from June 1961 onward include exact times for all phone calls and office activities.

Series 1.6. Writings, Speeches and Interviews, 1961-1965.
About 1,400 items.
Arrangement: by type of material.

The series contains materials relating to writings, speeches, and interviews by Burke Marshall, primarily typescripts of speeches delivered by Marshal from 1962 to 1965. In addition, there are materials pertaining to his book, Federalism and Civil Rights, as well as various clippings and statements sent to Marshall for his review.

Series 1.7. Invitations, 1961-1964.
About 1,000 items.
Arrangement: chronological by month and year.

This series contains invitations and carbons of Burke Marshall’s replies for various speaking engagements and other events that he was asked to attend. From 1961 to 1962, invitations accepted and declined are mixed together. From 1963 onward, they are separated into accepted and declined.

Series 1.8. Civil Rights Division Reports, 1961-1964.
About 500 items.
Arrangement: alphabetical by type of report.

This series contains both annual and weekly reports of the Unites States Justice Department’s Civil Rights Division, as well as a 1964 Status Report.

Series 1.9. Alabama File, 1962-1964.
About 1,300 items.
Arrangement:alphabetical by subject.

This series contains correspondence, memos, reports, and clippings related to civil rights events and activities in Alabama, including Birmingham. Note that upon review by archival staff in December 2007, the folders were found to be in their original, unorganized order and were arranged alphabetically for ease of research.

Series 1.10. Mississippi File, 1961-1964.
About 1,200 items.
Arrangement: alphabetical by subject and type.

This series contains correspondence, memos, and published materials relating to civil rights events and activities in Mississippi, including the desegregation of the University of Mississippi. Note that upon review by archival staff in December 2007, the folders were found to be in their original, unorganized order and were arranged alphabetically for ease of research.

Series 1.11. School File, 1961-1964.
About 600 items.
Arrangement: alphabetical by subject.

This series contains correspondence, memoranda, legal documents, reports, clippings, and press releases relating to the desegregation of schools in the southern United States.

Series 1.12. Case Documents.
About 3,600 items.
Arrangement: numerical by case number.

This series contains notes and legal documents relating to cases Burke Marshall was involved in as part of his duties as Assistant Attorney General.

Series 1.13. Civil Rights Act of 1964.
About 1,500 items.
Arrangement: alphabetical by subject.

This series contains correspondence, legal documents, background materials, reports and other materials relating to Burke Marshall’s work on the Civil Rights Act of 1964. Note that upon review by archival staff in December 2007, the folders were found to be in their original, unorganized order and were arranged alphabetically for ease of research. See also Series 2. IBM Office Files.

Series 1.14. Subject File, 1961-1964.
About 2,700 items.
Arrangement: alphabetical by subject.

This series contains legal documents, correspondence, memoranda, and other materials related to various topics and projects, mostly related to civil rights issues, events, and organizations that Burke Marshall was involved in as part of his work as Assistant Attorney General. Note that the folder titled “[Other]” is not miscellaneous in nature, but contains files from existing folders that appear to have been removed and returned to the collection, but have not been reintegrated into their original folder locations.

Series 1.15. Material Collected.
About 1,300 items.
Arrangement: alphabetical by topic or title.

This series contains speeches, reports, press releases, publications and other materials collected by Burke Marshall for his reference. Most items are copies of original documents or published material.

Series 1.16. Miscellany.
About 40 items.
Arrangement: alphabetical by type.

This series contains single folders of file memoranda and audiovisual material that were not placed in previous series.

Series 1.17. Fund for the Republic, 1958-1959.
About 40 items.
Arrangement: alphabetical by author.

This series primarily contains papers written and presented by members of the Fund for the Republic, Inc. Seminar on Corporation. Several of the reports are annotated by Burke Marshall. The series begins with a small amount of memoranda, meeting notes and reports.

Boxes 39-50
See Series 3.3. Bedford Stuyvesant File.

Series 2. IBM Office Files, 1961-1970 (1965-1970 bulk).
About 8,000 items.
Arrangement: alphabetical by type of material, thereunder reverse chronological.

This series consists of files kept by Burke Marshal during his tenure as General Counsel and Vice President at IBM, and is arranged by correspondence and subject files. Correspondence files consist of personal correspondence and personal reading files spanning Marshall’s tenure at IBM, including materials brought from the Attorney General’s office, and the Covington and Burling law firm. Personal correspondence contains incoming and outgoing letters on broad topics. Personal reading files contain outgoing carbons sent by Burke Marshall as part of his official duties at IBM. A “Pending” file from 1965 documents the change from the Assistant Attorney General’s office to the law firm of Covington and Burling. Major topics include civil rights issues and activities, the selective service, and personnel issues. Types of documents include invitations, requests for autographs, recommendations for employment and admission to academic institutions, and thank-you notes. Subject Files focus on Marshall’s work on the National Advisory Committee for Selective Service (NACSS) and include correspondence, memoranda, notes, writings, reports, and publications. Other materials relate to civil-rights related legislation, including the Civil Rights Acts of 1966 and 1968 and the Voting Rights Act of 1965, projects, issues, and organizations Marshall was involved in or affiliated with while working for IBM.

Series 3. Yale University Office Files, 1944-2003.
About 106,000 items.

This series consists of materials created by Marshall during his tenure as a professor of law at Yale University. They are organized into three subseries: General Subject Files, Yale Subject Files, and Bedford-Stuyvesant Files.

Series 3.1. General Subject Files, 1944-2003 (1963-2003 bulk).
About 22,000 items.
Arrangement: alphabetical by topic, thereunder reverse chronological.

This series consists of working files relating to Burke Marshall’s outside interests during his tenure as a Professor of Law at Yale University Law School. Also included is material Marshall brought with him from previous years at the Office of the Assistant Attorney General, Covington and Burling law firm, and IBM. These files relate to more general and external activities rather than to Yale University. Topics include affirmative action, civil rights, discrimination, general, civil and human-rights issues, legal cases, the activities of organizations and committees, legal conference materials, and President Nixon’s impeachment. Types of materials found in the files include correspondence, memos, notes, writings and research materials, reports, legal documents relating to cases, and organizational reports and publications. Files also relate to governing boards and committees Marshall served on, including the Vera Institute of Justice. Other files relate to Marshall’s writings. Note that because Marshall’s filing varied over time, all of his writings files have been placed under the heading “writings” for ease of research. Most writings files also contain related correspondence and research materials. Writings not by Marshall have been placed under the heading “writing by others.”

Series 3.2. Yale Subject Files, 1964-1997.
About 12,000 items.
Arrangement: alphabetical by topic, reverse chronological thereunder.

This series contains material related to Burke Marshall’s role as a professor and deputy dean at Yale Law School. The bulk of the material relates to courses taught by Marshall at Yale, including correspondence with students. Course files, arranged chronologically, usually include class rosters, syllabi, lecture notes, assignments, student papers, final exam questions, and materials from various “small groups” taught by Marshall. Also included are documents devoted to administrative, policy, and personnel concerns relating to Marshall’s committee work, including Deanship committee material prior to Marshall’s appointment as a professor. Other topics include social issues, such as affirmative action and world hunger relief, and legislative issues, such as white-collar crime and campaign finance reform. Types of documents include memoranda, letters of recommendation, printed e-mails, research and grant proposals, reports, booklets, brochures, meeting notes, and agendas.

Series 3.3. Bedford-Stuyvesant File.
About 7,200 items.
Arrangement: alphabetical by subject.

This series consists of photocopied files of the Bedford-Stuyvesant Development and Services and Restoration Corporations that Burke Marshall used as part of his course materials at Yale Law School. These files contain information relating to the first four years of this project, which was initiated by Robert F. Kennedy. A comprehensive evaluation of the whole community development program through 1968 may be found in the two volumes of “Evaluations.”

This October 1975 addition to the Burke Marshall Papers (Accession 1976-011) was added to Series 1. after being processed in 1983, but was determined by processing staff in 2007 to intellectually belong with other materials in Series 3. Yale Office Files. While the box numbering for this series is not sequential to the rest of the materials in Series 3., for earlier citation purposes the box numbers reflect the original location of the materials.

Series 4. Kennedy Family Files, 1963-2003.
About 7,800 items.
Arrangement: alphabetical by subject or name.

This series consists of subject files relating to Kennedy family members. Files span Burke Marshall’s professional career, and document his continued work for the Kennedy family and their related enterprises and institutions. Materials are generally organized by Kennedy family member name or related institution. The bulk of the material relates to Robert F. Kennedy and the John F. Kennedy Presidential Library. Robert F. Kennedy files contain correspondence, background and publicity material relating to Marshall’s involvement with his senatorial and presidential campaigns. Also included is condolence mail; correspondence relating to the establishment of the Robert F. Kennedy Journalism Awards and the Robert F. Kennedy memorial; and writings about Robert Kennedy. Note that records created while Burke Marshall worked in the Department of Justice were found in files Marshall brought with him to later professional appointments. Material from the original deposit (Series 1.) have not been added to this series. See also Series 1. Assistant Attorney General Files. John F. Kennedy Presidential Library files contain materials from both the Kennedy Presidential Library (governmental) and the Kennedy Library Foundation (private, non-profit) documenting the planning, establishment, collections, and early operations of the Library. Materials relate to Marshall’s work on the Foundation’s Board of Directors and the Kennedy family’s Screening Committee, his involvement with the Library’s Oral History Program, and the donation of personal papers to the Library. Included is general correspondence regarding Library collections and access policies, Library events, and releases of materials to research. Also included is a chronological record of individuals and organizations that requested access to President Kennedy’s autopsy materials. Other types of documents include writings, notes, organizational minutes, reports, legal documents, and publications. Much of this material is closed to research. Folders completely restricted are identified in brackets next to the folder title.