Taft William


William H. Taft Investigates Federal vs State Courts 25 Years before Serving as Supreme Court Chief Justice

4pp autograph letter inscribed overall by future 27th U.S. President William H. Taft (1857-1930), then an Ohio-based Circuit Court Judge, and signed by him as "WmHTaft" at the center of the fourth page. Written in Pointe-au-Pic, Quebec, Canada on July 27, 1895. On watermarked cream stationery with "United States / Circuit Court of Appeals, / For the Sixth Circuit, / Judge's Chambers, / Cincinnati." letterhead. Expected paper folds and a few scattered ghost ink impressions, else near fine. 4.875" x 8".

Judge Taft was enjoying a working vacation at Pointe-au-Pic in southern Quebec when he wrote the following letter to assistant George Leonard. Paragraph breaks have been added for improved legibility, but spelling and punctuation remain unchanged. In part:

"I have written Max May and George Hoadly to ask them to assist me by finding some opinions which I wish to consult…With reference to the opinions, I should like them as soon as they can be sent because I have none too much time for my writing and these brought to see before I begin.

In Feb. 1893, Governor Stone of Missouri sent a special message to the Legislature of Missouri in respect to the imprisonment of the judges of the county court of St. Clair County by order of the U.S. Circuit Ct of the Western District of Missouri Judge Phillips presiding. I wish you would cop Judge Thayer wrote me that Judge Phillips had written an opinion in which he had answered this message which was reported in one of the late Federal Reporters - I wish you would find this opinion and the earlier one of which the Gov. complains and send me copies of them.

Judge Phillips imprisoned the county judges because they refused to levy a tax to pay county bonds in accordance with a mandamus issued by him to enforce a judgment on the bonds. You might also look into the Ct of Appeals reports and U.S. Supreme Ct reports to see whether the cases have gone to the Supreme Ct or Ct of Appeals and been there decided…"

Judge Taft wanted more information about an interesting legal predicament which had unfolded in neighboring Missouri two years earlier. The judges of St. Clair County, a western enclave of Missouri, had refused to levy property taxes that would have been used to pay judgements against the county in the form of bonds (the money had been earmarked to help finance railroad construction.) The county judges had been ordered to collect the taxes by the Eighth U.S. Circuit Court--a federal judicial body--even though this edict violated Missouri state law. Since the county judges abstained from tax collecting, the circuit court cited them for contempt of court and imprisoned them in Kansas City. Governor William J. Stone (1848-1918) eloquently defended the county judges' decision in his February 23, 1893 address to the Missouri Legislature.

The case was significant because it exposed inconsistencies in the American judicial system and posited that federal power trumped states' rights. The Federal Courts or the State Courts--which was supreme? Taft's interest in the legal origins of this case--along with his passing reference in the letter to the U.S. Supreme Court--anticipate the role he would play after 1921. As Chief Justice of the Supreme Court between 1921-1930, Taft would have to proffer his expert opinion on equally complicated issues.

Taft had graduated from the University of Cincinnati Law School in 1880, and occupied positions as Cincinnati Superior Court judge and Solicitor General before assuming responsibilities as a federal court judge. President Benjamin Harrison appointed Taft a judge of the Sixth Circuit U.S. Court of Appeals in 1892, a position that Taft would hold until 1900. In this role, Taft and other circuit judges presided over hearing and appeals trails in Tennessee, Kentucky, Michigan, and Ohio.

Little is known about Taft's correspondent George W. Leonard, except that he too was a lawyer associated with the U.S. Circuit Court of Appeals. During his travels, Taft addressed numerous pieces of correspondence to Leonard--most including copious instructions relating to both work and Taft's personal life--that indicate Leonard performed secretarial and paralegal duties for Taft.

The Tafts (William had married Helen in 1886) vacationed for over forty years at a summer residence at Pointe-au-Pic near Charlevoix facing Murray Bay in southern Quebec. Their summer home Fassifern Cottage was a hodgepodge of add-ons and ells, ever expanding to accommodate the growing Taft family and their house guests. The Midwestern Tafts were famous for their warm hospitality and enthusiastic entertaining. The Taft's summer season usually culminated with William's birthday bash on September 15th, where it was not uncommon for Helen to feed up to eighty guests.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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