to accept the place.
He gave a little friendly urging in that direction. I told
him that I had lately been elected to the Senate after a considerable
controversy, and that I did not think I could in justice to
the people of the State make a vacancy in the office which
would occasion a new strife. I called on Devens on my way
back, and reported to him what the President had said. He
immediately went to the White House, and they had a full understanding,
which resulted in Devens keeping his place in the Cabinet
through the Administration.

It was then suggested that while Judge Lowell was a most
admirable District Judge, and in every way an admirable lawyer,
yet that it would be better if it were possible to get one
of the leaders of the Bar, who would supply what Judge Lowell
lacked--the capacity for charging juries on facts, and presiding
at jury trials, and to leave him in the District Court, where
his services were so valuable. The office of Circuit Judge
was accordingly offered to Mr. William G. Russell. I wrote
to Nelson, asking him to consider my first letter on the subject
as not having been written. Mr. Russell replied, declining
the place, and saying, with great emphasis that he was sorry
the President should hesitate a moment about offering the
place to Judge Lowell, whom he praised very highly. But the
President and the Attorney-General thought that it should
be offered to Mr. George O. Shattuck, a very eminent lawyer
and advocate. On inquiry, however, it turned out that Mr.
Shattuck, who was in poor health, was absent on a journey,
and it was so unlikely that he would accept the offer that
it was thought best not to diminish the value and honor to
Judge Lowell of the place by offering it further to another
person. Accordingly the place was offered to Judge Lowell
and accepted by him.

General Devens than said to me: "I have been thinking over
the matter of the District Judge, and I think if a man entirely
suitable can be found in the Suffolk Bar, that the appointment
rather belongs to that Bar, and I should like, if you have
no objection, to propose to the President to offer it to Mr.
Charles Allen." Mr. Allen was later Judge of the Supreme
Court of Massachusetts. I assented, but said: "If Mr. Allen
refuses it, I hope it will then be offered to Mr. Nelson,
in accordance with your original opinion." The Attorney-
General agreed. The offer was made to Mr. Allen, and by him
declined. When