Early TLS signed “Wm. H. Taft,” one page, 8 x 10, Department of Justice letterhead, April 22, 1891. Letter to Calderon Carlisle. In part: “I send you herewith three copies of our brief in the Sayward case…The Attorney General came down to the office this morning, and though somewhat weak is mending rapidly. What I fear now is that the court may refuse to hear us on account of the absence of Justice Bradley. I think the intimation of the Chief Justice on last Monday was ominous on this head. I hope that this may not be true, because when one gets loaded one likes to shoot off; but I give you this as an intimation which I received this morning from a source likely to be authentic.” Paperclip impression to top left, heavy folds to both vertical edges, and a few small corner creases, otherwise fine condition.
At the time he wrote this letter, Taft was serving as Solicitor General of the United States at the uncommonly young age of 33, and “the Sayward case” was his first case in this capacity. Negotiations between the US and Great Britain regarding seal fishing had broken down and several Canadian sealing schooners had been seized by the United States in the Bering Sea. One of them, the Sayward, was condemned and ordered sold. The owner appealed and filed for damages, and the British Government made a strategic move of bringing the case directly to the US Supreme Court. This created an embarrassing situation: if a decision was reached against Great Britain, the decision might not be seen as binding, but if the decision went against the United States, it would be final. It was essential that the US win. Taft was opposed by two extremely able attorneys, Joseph H. Choate and Calderon Carlisle, Jr, and he quickly and deeply studied the whole fisheries' question and of the Sayward case in particular, rendering his conclusions in a 300-page brief whose characteristic clarity of expression ultimately enabled Taft to win his case. Pre-certified John Reznikoff/PSA/DNA and RRAuction COA.
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