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President Roosevelt does not think that Henry Billings Brown is a “large enough man,” for the position and would not appoint him if he had any other options.
Library of Congress Manuscript Division
1907-11-07
Samuel Want provides Theodore Roosevelt with two examples of dissenting opinions by Supreme Court Justices in response to Roosevelt’s “attitude” about “criticism of the courts” by the public.
Library of Congress Manuscript Division
1911-05-11
Attorney General Moody received Secretary of War Taft’s letter forwarding one from Governor Edward Wallis Hoch regarding the appointment of Judge J. T. Dickerson to the District Court. Moody thinks President Roosevelt will not take this matter up until at or before statehood is consummated. Moody further offers Taft a few considerations regarding the appointment of a judge to the United States Supreme Court to fill Judge Henry Billings Brown’s vacancy.
Library of Congress Manuscript Division
1906-08-27
Secretary of War Taft agrees with President Roosevelt’s decision to appoint John Marshall Harlan. Taft then analyzes the political considerations in making the appointment of the Supreme Court justice who will succeed Henry Billings Brown. Taft also expresses concern about Chief Engineer of the Panama Canal John F. Stevens’s inability to answer the charges of Poultney Bigelow’s article in The Cosmopolitan, even if the charges have no foundation. In addition, Taft notifies Roosevelt that he tried to get Major George W. Goethals, an army engineer, to be Secretary of the Board to live on the Isthmus of Panama, but the presence of Secretary of the Isthmian Canal Commission Joseph Bucklin Bishop prevents it. Taft recognizes that Congressman Julius C. Burrows is “indignant” about Taft’s involvement in the appointment of District Judge in the Western District of Michigan, but Taft does not think Burrows is justified.
Library of Congress Manuscript Division
1906-08-21
William H. Fleming writes to President Roosevelt about the possible disfranchisement of African American voters in Georgia. Fleming believes it would be a disaster if Hoke Smith, who advocates such disfranchisement, was nominated at the Democratic Convention. He is even more concerned about the conduct of Representative Thomas W. Hardwick, who has been decrying the 14th and 15th amendments to the Constitution and publicly renouncing his allegiance to those parts of the Constitution. Fleming thinks that the question should be raised in the House of Representatives, whether a member is violating their oath of office by refusing to uphold these amendments. Such an inquiry would force Hardwick to either retract his statements or be removed from office.
Library of Congress Manuscript Division
1906-08-17
Secretary of War Taft responds to President Roosevelt’s offer to appoint him to the Supreme Court as a replacement for Justice Henry Billings Brown. While Taft sincerely wishes to accept, he believes he should stay as the head of the War Department for the time being, given the situation in Panama and in the Philippines. He addresses several issues, including an ongoing investigation into possible misconduct in the War Department. He summarizes the great progress that has been made in the Philippines, as well as some of the challenges that remain. Taft feels responsible for these issues and thinks he would be able to help push through measures in the next session of Congress that would benefit the Filipinos. Given his reluctance, Taft proceeds to give his opinion on other potential candidates to the Supreme Court. He favors the appointment of Horace H. Lurton over William H. Moody.
Library of Congress Manuscript Division
1906-07-30
Justice Day recommends the appointment of Horace Harmon Lurton of Tennessee to the Supreme Court in the event that William Howard Taft declines the appointment to the position left vacant by the retirement of Justice Brown.
Library of Congress Manuscript Division
1906-07-23
Judge Spring writes to President Roosevelt on the situation in New York. According to Spring, the administration of Governor Higgins has been good and free of taint. Spring details “factional quarrels,” happening in New York and hopes that Roosevelt can persuade Warren to put an end to it. Spring worries that the quarrel could add to Democratic strength in New York. He also discusses Roosevelt’s appointment of a successor to Justice Brown for the United States Supreme Court.
Library of Congress Manuscript Division
1906-07-06
Secretary of War Taft informs President Roosevelt that his wife Helen would like to see him before he makes his final decision about whether to appoint Taft to the Supreme Court. In advance of a meeting between them, Taft reviews for Roosevelt both of their positions on the matter. Taft aspires to a judicial position and would like to one day be Chief Justice, although he is reluctant to leave his current position as Secretary of War. However, if Roosevelt believes that putting him on the Supreme Court better serves the public, Taft will accept. Helen “feels deeply on the subject” and Taft asks Roosevelt to “bear with her in any exaggerated ideas” and ambitions she may have for him.
Library of Congress Manuscript Division
1906-03-14
In response to recent criticism of a speech he gave, William H. Fleming submits two letters from former Governor of Georgia Allen D. Candler and former Supreme Court Justice Henry Billings Brown, in which the two distinguished figures support his views.
Library of Congress Manuscript Division
1906-08-17