'Archibald Cox, Jr.', (
May 12,
1912 –
May 29,
2004) was an
American lawyer who served as
U.S. Solicitor General under President
John F. Kennedy, and later became best known as the first
special prosecutor for the
Watergate scandal.
Early life and law career
Cox was the son of Archibald and Frances Perkins Cox. A native of
Plainfield, New Jersey, he attended the
Wardlaw-Hartridge School, then called Wardlaw Country Day. Cox graduated from
Harvard College in 1934 and
Harvard Law School in
1937 where he was a member of
Phi delta phi legal fraternity, and joined the
Boston law firm of
Ropes, Gray, Best, Coolidge and Rugg, now known as
Ropes & Gray. During
World War II, he was appointed to the
National Defense Board, and then to the Office of the Solicitor General.
After the war ended, Cox joined the faculty at Harvard, where he taught courses in
torts and in
administrative,
constitutional, and
labor law. During that time, he also became an adviser and speech-writer for John F. Kennedy, who was at that time
U.S. senator from
Massachusetts. In
1961, Cox joined the new Kennedy administration as solicitor general. At a time when civil rights protesters were routinely chased with dogs and clubbed, he became JFK's point man on pursuing legal remedies to injustice, often appearing before the Supreme Court. Among the cases he was involved in were ''
Baker v. Carr'', which set the standards for reapportionment; ''
Heart of Atlanta Motel v. United States'', which broke grounds on public accommodations for African-Americans under the Civil Rights Act of 1964; ''
South Carolina v. Katzenbach'', which upheld the
Voting Rights Act; and ''
Buckley v. Valeo'', which reformed campaign financing. In
1965, he returned to the law school.
Watergate special prosecutor
Main articles: Watergate scandal
On
May 19,
1973, Cox took another leave to accept appointment as the first Watergate special prosecutor. Less than two months following his appointment, Cox learned with the rest of America of Nixon's secret tapes. Over the next few months, Cox, the Senate Watergate committee, and Judge John Sirica battled with the White House over those tapes. During the fight, after Sirica ordered Nixon to comply with the committee and Cox's demand, Cox offered the President a compromise. On
October 20,
1973, in an event termed the
Saturday Night Massacre, U.S. President
Richard Nixon ordered Cox fired, due to Cox's insistence on obtaining secret White House tapes. Rather than comply with this order, both
Attorney General Elliot Richardson and Deputy Attorney General
William Ruckelshaus resigned. The order was ultimately carried out by the Solicitor General,
Robert Bork. Upon being fired, Cox stated, "whether ours shall be a government of laws and not of men is now for Congress and ultimately the American people."
The firing of Cox illustrated the need for
independent counsels — prosecutors specifically appointed to investigate official misconduct. After Nixon's resignation, Cox became chairman of
Common Cause, became the founding chair of the
Health Effects Institute, and was made an honorary member of the
Order of the Coif in
1991. Besides the Paul Douglas Ethics in Government Award, Professor Cox was also the recipient of the Thomas "Tip" O'Neill Citizenship Award.
Death and legacy
Cox died at his home in
Brooksville, Maine of natural causes on the same day as
Sam Dash, chief counsel to the
House Judiciary Committee during the Watergate scandal.
The ''New York Times'' wrote, "a gaunt 6-footer who wore three-piece suits, Mr. Cox was often described as 'ramrod straight,' not only because of his bearing but also because of his personality."
Cox was the great-grandson of
William M. Evarts, who defended President
Andrew Johnson during his impeachment hearing and became
Secretary of State in the
Hayes administration. He was also a direct descendant of
Roger Sherman, a Connecticut signer of the
Declaration of Independence; Archibald Cox, Jr. 6, Frances Bruen Perkins 5, Elizabeth Hoar Evarts 4,
William Maxwell Evarts 3, Mehitabel Sherman 2,
Roger Sherman 1.
Bibliography
A partial list of Cox's books:
★ ''Freedom of Expression.'' (2001)
ISBN: 0735102368
★ ''Law and the National Labor Policy.'' (1983)
ISBN: 0313237948
★ ''The Role of the Supreme Court in American Government.'' (1977)
ISBN: 0198274114
★ ''The Court and the Constitution'' (1988)
ISBN: 039548071X
Further reading
★ "Cox and Nixon." ''Time.'' October 29, 1973.
★ Gormley, Ken. ''Archibald Cox: The Conscience of a Nation.'' New York: Perseus Books, 1999. ISBN 0738201472
External links
★
Archibald Cox Oral History, audio and transcripts from 2000 interview with Archibald Cox
★
Biography from a
Department of Justice website
★
Bloomberg News story on Cox and Samuel Dash
★
Find-A-Grave profile for Archibald Cox