Herbert Brownell Jr. (February 20, 1904 – May 1, 1996) was an American lawyer and
Republican politician. From 1953 to 1957, he served as
United States Attorney General
The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the Federal government of the United States, federal government. The attorney general acts as the princi ...
in the administration of President
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
.
Early life and education
Brownell, one of the seven children of Herbert and May Miller Brownell, was born in
Nemaha County, Nebraska, near the town of
Peru
Peru, officially the Republic of Peru, is a country in western South America. It is bordered in the north by Ecuador and Colombia, in the east by Brazil, in the southeast by Bolivia, in the south by Chile, and in the south and west by the Pac ...
. His father, Herbert Brownell, was a professor and author at the
Peru State Normal School in education and physical sciences. After graduating
Phi Beta Kappa
The Phi Beta Kappa Society () is the oldest academic honor society in the United States. It was founded in 1776 at the College of William & Mary in Virginia. Phi Beta Kappa aims to promote and advocate excellence in the liberal arts and sciences, ...
from the University of Nebraska in 1924, and, in his senior year, being a member of the
Society of Innocents, Brownell attended
Yale Law School
Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, where he was president of the ''
Yale Law Journal
''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'', earning his law degree in 1927. While at the University of Nebraska, he joined the
Delta Upsilon fraternity.
Brownell's brother, Samuel Brownell, served as
U.S. Commissioner of Education from 1953 through 1956.
Legal career
Brownell was admitted to the bar in
New York and began his practice in
New York City
New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. In February 1929, he joined the law firm of
Lord Day & Lord in New York, and except for periods of government service, he remained with them until his retirement in 1989. He married Doris McCarter on June 16, 1934. They had four children (Joan Brownell, Ann Brownell, Thomas McCarter Brownell, and James Barker Brownell) and remained together until McCarter's death on June 12, 1979. He married his second wife Marion Taylor in 1987, but the couple separated and divorced in December 1989.
His most important client was the famous Greek shipping billionaire
Aristotle Onassis
Aristotle Socrates Onassis (, ; , ; 20 January 1906 – 15 March 1975) was a Greek and Argentine business magnate. He amassed the world's largest privately-owned shipping fleet and was one of the world's richest and most famous men. He was marri ...
; immediately after the end of
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, Onassis was eager to get his hands on the
T2 tankers originally built for the wartime needs of the
U.S. Navy. The tankers were eventually made available for sale, but because they were considered to have a militarily strategic value in the event of another war, they were being offered to American citizens only.
Brownell helped Onassis work out a scheme of dummy American corporations, thus allowing him to bypass the regulations and purchase the tankers through these
dummy corporation
A dummy corporation, dummy company, or false company is an entity created to serve as a Front organization, front or cover for one or more companies. It can have the appearance of being real (logo, website, and sometimes employing actual staff), bu ...
s.
[William Wright, ''All the Pain Money Can Buy: The Life of Christina Onassis'', pp. 46–48, 1991, Simon & Schuster ] Later, as Attorney General, Brownell would be forced to switch sides under pressure from FBI Director
J. Edgar Hoover, and his Justice Department would
indict Onassis (eventually Onassis and the U.S. government reached a settlement).
State political career
Besides his law practice, Brownell had a long and active political career as a
Republican. He was a member of the
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits.
The Ass ...
(New York Co., 10th district) in
1933
Events
January
* January 11 – Australian aviator Sir Charles Kingsford Smith makes the first commercial flight between Australia and New Zealand.
* January 17 – The United States Congress votes in favour of Philippines independen ...
,
1934
Events
January–February
* January 1 – The International Telecommunication Union, a specialist agency of the League of Nations, is established.
* January 15 – The 8.0 1934 Nepal–Bihar earthquake, Nepal–Bihar earthquake strik ...
,
1935
Events
January
* January 7 – Italian premier Benito Mussolini and French Foreign Minister Pierre Laval conclude an agreement, in which each power agrees not to oppose the other's colonial claims.
* January 12 – Amelia Earhart ...
,
1936
Events January–February
* January 20 – The Prince of Wales succeeds to the throne of the United Kingdom as King Edward VIII, following the death of his father, George V, at Sandringham House.
* January 28 – Death and state funer ...
and
1937
Events
January
* January 1 – Anastasio Somoza García becomes President of Nicaragua.
* January 5 – Water levels begin to rise in the Ohio River in the United States, leading to the Ohio River flood of 1937, which continues into Feb ...
.
In 1942, he was the campaign manager for
Thomas Dewey
Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer and politician who served as the 47th Governor of New York from 1943 to 1954. He was the Republican Party's nominee for president of the United States in 1944 and ...
's election as
governor of New York
The governor of New York is the head of government of the U.S. state of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military forces. The governor ...
. He also managed Dewey's 1944 and 1948 campaigns for president. From 1944 to 1946, he was the chairman of the
Republican National Committee
The Republican National Committee (RNC) is the primary committee of the Republican Party of the United States. Its members are chosen by the state delegations at the national convention every four years. It is responsible for developing and pr ...
, where he focused on modernizing it with advanced
polling methods and fundraising techniques. He was credited by many as being instrumental in helping the Republicans to gain control of the
US Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
in the
1946 midterm elections.
In 1952, Brownell played an important role in convincing General
Dwight Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
, then supreme allied commander in Europe, to run for
President of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
and worked in the Eisenhower campaign. Along with Dewey, Brownell was instrumental in Eisenhower's selection of
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
as the vice-presidential running mate.
Attorney General

Brownell was appointed by Eisenhower as Attorney General and served from January 21, 1953, to October 23, 1957. On November 6, 1953, Brownell told members of the Chicago Executives Club, "
Harry Dexter White was a
Russian spy.... He smuggled secret documents to Russian agents for transmission to
Moscow
Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
." At the same time, he helped the Eisenhower administration cover up the Soviet Union's involvement in the
Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
to prevent
McCarthyist politicians from using it to raise popular support for a
full-scale world war against the
Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
.
[Carson, Austin (2018-12-31), ''Secret Wars: Covert Conflict in International Politics'', Princeton University Press, p. 171, , , retrieved 2022-02-1]
Early in his term, Brownell was involved in several landmark
civil rights
Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...
cases, including ''
Brown v. Board of Education
''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the ...
''.
Although it was weakened by the
US Senate
The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
, he drafted the legislative proposal that ultimately became the
Civil Rights Act of 1957
The Civil Rights Act of 1957 was the first federal civil rights law passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwight D. E ...
, the first civil rights law that was enacted since 1875. Because of his strong stance in favor of civil rights, Brownell became very unpopular in the
South
South is one of the cardinal directions or compass points. The direction is the opposite of north and is perpendicular to both west and east.
Etymology
The word ''south'' comes from Old English ''sūþ'', from earlier Proto-Germanic ''*sunþa ...
.
Eisenhower reluctantly decided not to nominate Brownell to the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
when vacancies occurred in 1957 and 1958, as he feared that
segregationists in the Senate would fight and defeat the nomination.
Brownell stepped down as an Attorney General only after his advice had been followed in the
Little Rock
Little Rock is the List of capitals in the United States, capital and List of municipalities in Arkansas, most populous city of the U.S. state of Arkansas. The city's population was 202,591 as of the 2020 census. The six-county Central Arkan ...
desegregation case.
Osro Cobb, the
United States Attorney for the Eastern District of Arkansas, reflects on Brownell's tenure:
Later life
In 1965, Brownell chaired a committee to find civilians, who would serve on the first impartial
Civilian Complaint Review Board
The NYC Civilian Complaint Review Board (CCRB) is a civilian oversight agency with jurisdiction over the New York City Police Department (NYPD), the largest police force in the United States. A board of the Government of New York City, the CCR ...
of the
New York City Police Department
The City of New York Police Department, also referred to as New York City Police Department (NYPD), is the primary law enforcement agency within New York City. Established on May 23, 1845, the NYPD is the largest, and one of the oldest, munic ...
, the first such citizen oversight of police in the country.
Brownell took himself out of consideration for appointment by President
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
as
Chief Justice of the United States
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution g ...
to replace
Earl Warren in 1969, the eventual replacement being
Warren E. Burger
Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney who served as the 15th chief justice of the United States from 1969 to 1986.
Born in Saint Paul, Minnesota, Burger graduated from the William Mitchell College o ...
.
Brownell later served as the United States representative to the
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
in
The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
and from 1972 to 1974, he was special U.S. envoy to
Mexico
Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
for negotiations over the
Colorado River
The Colorado River () is one of the principal rivers (along with the Rio Grande) in the Southwestern United States and in northern Mexico. The river, the List of longest rivers of the United States (by main stem), 5th longest in the United St ...
.
In addition to many honors and other civic roles, Brownell was also President of the
New York City Bar Association
The Association of the Bar of the City of New York, commonly referred to as the New York City Bar Association (City Bar), founded in 1870, is a voluntary association of lawyers and law students. Since 1896, the organization has been headquartere ...
in 1982. From 1986 to 1989 he served on the Commission for the Bicentennial of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. He died of cancer at the
New York Hospital Cornell-Medical Center in
Manhattan, New York
Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, larg ...
, at 92.
Sources
* Herbert Brownell and John P. Burke; ''Advising Ike: The Memoirs of Attorney General Herbert Brownell''; 1993, University of Kansas Press; .
References
Further reading
* Brownell, Herbert. "Eisenhower's civil rights program: A personal assessment." ''Presidential Studies Quarterly'' 21.2 (1991): 235–242
online* Lawrence, Albert. "Herbert Brownell, Jr.: The 'Hidden Hand' 1 in the Selection of Earl Warren and the Government's Role in Brown v. Board of Education." ''Journal of Supreme Court History'' 37.1 (2012): 75–92.
External links
*
ttps://library.metmuseum.org/record=b1712914~S1, Oral history interview with Herbert Brownell, 1993 July 21 and Aug. 18from The Metropolitan Museum of Art Archives, New York.
*
* "
Eyes on the PrizeInterview with Herbert Brownell" 1985-11-15,
American Archive of Public Broadcasting
, -
, -
{{DEFAULTSORT:Brownell, Herbert Jr.
1904 births
1996 deaths
20th-century American lawyers
American judges of international courts and tribunals
American United Methodists
Eisenhower administration cabinet members
Republican Party members of the New York State Assembly
Members of the Permanent Court of Arbitration
People from Nemaha County, Nebraska
Presidents of the New York City Bar Association
Republican National Committee chairs
Attorneys general of the United States
University of Nebraska–Lincoln alumni
Yale Law School alumni
Deaths from cancer in New York (state)
20th-century American judges
20th-century members of the New York State Legislature
Delta Upsilon members