e of the Boston papers suggested
several names for the succession, among them that of Mr.
Knowlton, of Springfield, and Mr. Nelson. I said nothing
to him. But he observed: "I see in a paper that I am spoken
of as District Judge." I replied: "Yes, I saw the article."
Neither of us said anything further on the subject. When
I got to Washington I met Mr. Devens, then Attorney-General,
who said, "We shall have to appoint a District Judge, I suppose.
I think your friend Nelson is the best man for it. But I
suppose he would not accept it." I said: "No, I don't believe
he would accept it. But, if you think he is the best man
for it, the question whether he will accept it ought to be
determined by him, and not by his friends for him." I had
no thought that Mr. Nelson would leave his practice for the
Bench. But I thought it would be a very agreeable thing to
him to have the offer. I wrote to him a day or two afterward
that I thought it likely he would be offered the place. He
answered by asking me, if it were to be offered to him, how
much time would be given to him to consider the matter. Soon
after I was informed by Attorney-General Devens that the President
had offered him the place on the Circuit Bench, and that he
very much desired to accept it. But he thought that, although
the President had put the place at his disposal, he was very
unwilling to have any change in the Cabinet, and doubted whether
he ought to accept the offer unless he were very sure the
President was willing to spare him. One day soon after, President
Hayes sent for me to come to see him. I called at the Attorney-
General's office, told him the President had sent for me,
and that he probably wished to speak about the Circuit Judgeship,
and I wanted to know what he would like to have me say. Devens
said that he should prefer that way of spending the rest of
his life to any other. But the President had done him a great
honor in inviting him to his Cabinet, and he did not wish
to leave him unless he were sure that the President was willing.
I went to the White House. When President Hayes opened the
subject, I told him what was the Attorney-General's opinion.
The President said that if he could be sure that were true,
it would relieve his mind of a great burden. I told him he
could depend on it. The President said he did not know anybody
else whom he should be as willing to have in his Cabinet as
Devens, unless I myself would consent