President Grant said that he would think it over
and not decide the question that day. The next morning he
sent for the Judge and said: "Judge, I think I would like
to have you take the oath of office." He handed the Judge
his commission. The Judge looked at it and saw that it was
not signed. He said: "I think perhaps it would be better
if you were to sign it." Grant laughed and complied with
the suggestion. Judge Hoar's first official duty was to give
an opinion upon the question whether Mr. Stewart, who had
been nominated for Secretary of the Treasury, could under
the law undertake the office. Mr. Stewart proposed to make
some conveyances of his business in trust, by which he should
part with his legal title to it while he held the office of
Secretary of the Treasury and come back to it again after
his term ended. But the Attorney-General advised the President
that that was impracticable, and the result was the withdrawal
of Mr. Stewart's name and the appointment of Mr. Boutwell
a day or two afterward.
I have had some serious difficulties with Mr. Boutwell since
he left the Democratic Party after his term of service as
Governor.
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