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 the letter of refusal came, the Attorney-
General and I went together to the White House and showed
the President the letter. In the meantime a very strong recommendation
of Mr. Oliver Wendell Holmes, Jr., now of the Supreme Court,
had been received by the President. He felt a good deal of
interest in Holmes. I think they had both been wounded in
the same battle. But, at any rate, they were comrades. The
President then said: "I rather think Holmes is the man." I
then gave him my opinion of Mr. Nelson, and the President
said to Devens: "Do you agree, Mr. Attorney-General?" Devens
said: "I do." And the President said: "Then Nelson be it."
Mr. Nelson, to my surprise, accepted the appointment.
Judge Nelson was a master of equity and bankruptcy. No doctrine
was too subtle or abstruse for him.
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