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 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.
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