‘Field Marshal’ David Souter was an extraordinary man

Much has been written about the life and accomplishments of New Hampshire’s David Souter, retired Supreme Court justice and a warm and friendly man.

I encountered him due to our common connections to Warren Rudman, who made Souter the deputy NH attorney general when Rudman was named AG by Walter Peterson in 1970.  Rudman later joined our law firm before being elected to the U.S. Senate in 1970, the Tuesday that Ronald Reagan was elected resident and Republicans took control of the Senate.

The following Friday evening, Rudman had a private party for close friends and supporters at the Nashua Country Club. Souter, then a Superior Court judge, was seated at a table with my wife and me.  At 32, this attorney called Souter “Judge,” no matter that I had known him prior to being on the bench. Souter, who as a judge had not been able to participate in the Rudman campaign, gracious as always, told me to call him “David,” but I declined.

He smiled and said that reminded him of a story. An Anglophile, Souter had British stories for many occasions. He said, “This reminds me of the story of an English nobleman who, one night after dinner, was in the den of the manor house with his son-in-law, smoking a cigar and sipping brandy. The older man said, ‘Young man, you are a good son-in-law, faithful husband to my daughter, father to my grandchildren and able business partner.  I just want to be sure there is nothing in our relationship which bothers you.’

“The younger man replied, ‘My lord, I hope all those things you have said are true, and I enjoy our relationship and your confidence. But there is one thing that bothers me, and that is having to call you ‘my lord.’”

“The older man took a puff on his cigar and a sip of the brandy, thought about it and said, ‘That is fair. You know, in the Great War, I was in His Majesty’s service, and reached the exalted rank of field marshal. So, you no longer have to call me ‘my lord.’ Henceforth you can call me ‘field marshal.’  So, Brad, you don’t have to call me judge, call me ‘Field Marshal.’”

We laughed and went on with dinner and delightful conversation.

Fast forward to the day after David H. Souter was confirmed to the United States Supreme Court.  I wrote a letter of congratulations and addressed it: “Field Marshal David H. Souter, Supreme Court of the United States, Washington, D.C.”  Six weeks or so later I got an envelope with the letter inside, with a handwritten note which said, “Dear Brad, very funny. Don’t do that again, David.”

That was a kind thing for Souter to do, but it is not the end of the story. I had occasion several times later in our lives to correspond with Souter, and he always responded graciously and with great style.

The first was after the death of Kimon Zachos when I discovered files he had kept on various friends, and sent Souter the contents of the one Zachos had kept with copies of letters he had sent supporting Souter’s nominations to various positions (attorney general, Superior and Supreme Court state judgeships, First Circuit and U.S. Supreme Court).  Souter responded with a kind letter saying he was never aware of those letters and was touched.

The final letter was in response to one I sent him after my youngest son attended the St. Paul’s School Summer Program for New Hampshire high school juniors in 2004. On his last day in the Government and Law course, Souter spent an hour and a half with the students, and my son indicated what an experience it had been and how “smart” Souter was.  I wrote him to report that.

He replied in a letter which said, in part, “But, belatedly, more thanks than I can say for taking the trouble to pass along that generous review of my S.P.S. appearance. I wish I’d known which one of the students was your son, and after what he had to say, I really wish I’d known.”

“I’ve spent a morning with those classes since 1985, and I will admit that the last couple of years as I have gotten ready to join the latest group, I’ve begun to think I’ve done it long enough. Then I get there, and the kids seem all so decent and so smart, and I realize I better not be too glum about the future with people like that coming along. So, back I go, not out of any altruism but for a shot in the arm. And this year, along comes your booster shot. Again, thanks. Yours sincerely, David, Field Marshal.”

After all those years, he was not only literate, kind and generous, but he still recalled our 1980 conversation in Nashua. For those who were not lucky enough to experience David Souter in person, this story is an anecdote that explains why his obituary and stories about his life, while focusing on his judicial accomplishments, highlighted his character, humility and humanity.

David Souter was an extraordinary man.

Brad Cook is a Manchester attorney. The views expressed in this column are his own. He can be reached at bradfordcook01@gmail.com.