Toward the close of the Cleveland Administration, a vacancy occurred
in the office of Chief Justice of the United States, to fill which
President Cleveland appointed the Hon. Melville W. Fuller, of
Illinois. I had something to do with this appointment.
Chief Justice Fuller has only recently passed away, after serving as Chief Justice of the United States for a longer period than any of his predecessors in that high office, with the two exceptions of Marshall and Taney. I knew Melville W. Fuller for many years before he became Chief Justice. Away back in war times, I knew him as a member of the Illinois Legislature and as a member of the Constitutional Convention, and subsequently as one of the leading lawyers of the Chicago Bar.
President Cleveland was in a considerable quandary over the appointment of a Chief Justice. He wanted to bestow the seat upon an able lawyer, and he wanted a Democrat, but as the Senate was in control of the Republicans he wanted to make sure to name some one whom the Senate would confirm. He at first seriously considered Judge Phelps, of Vermont, a cultivated and able man, who had been Minister to England, but for some reason or other—why I never knew —he finally rejected Phelps as an available candidate and determined upon a Western man as Chief Justice.
Prior to this, however, he had considered the appointment of Justice Scholfield, of our own State, who was then a member of the Supreme Court of Illinois, which never had an abler or better lawyer as a member of its personnel. He would have been given the honor had he signified a willingness to accept; but when he was approached by Representative Townsend, at the suggestion of President Cleveland, after considering the matter, he demurred, asserting that although he would enjoy the distinction of being Chief Justice of the United States, he did not think that life in Washington, and especially the social side of the life which the Chief Justice of the United States naturally is expected to lead, would suit either him or his family. He had a family of growing children, who had been raised in the country, and they would naturally have to accompany him to Washington. He feared that Washington life would ruin them, so he finally declined the appointment.
Judge Fuller had been a close friend of President Cleveland, had been a member of the national convention that nominated him, was recognized as one of the leading Democrats of Illinois, and had been consulted by Mr. Cleveland in the distribution of the patronage in that State; so naturally Judge Fuller was considered in connection with the office. It was not surprising, considering that the Senate was then in the control of the Republicans, that he would want to enlist my aid in securing his confirmation.
I called on Mr. Cleveland about nine o'clock one morning in regard to some personal matter. He at once sent out word for me to come in, that he wanted to see me. I apologized for appearing at so early an hour, whereupon he said that he was very glad that I had come because he desired to have a talk with me. Then he inquired whom I considered the best lawyer, belonging to his party, in Illinois, who would make a good Chief Justice. He at once himself mentioned Judge Fuller. I told him that Judge Gowdy was probably the ablest Democratic lawyer in Illinois, but that he was a railroad attorney, and it would probably not be a good thing to appoint him. He next questioned me particularly about Fuller. I told him that I knew Fuller very well indeed; that if I were called upon to name five of the best lawyers of Illinois belonging to his party, I would name Fuller among the five; that he was not only a good lawyer, but a scholarly man, a gentleman who would grace the position. He at once intimated that he would send his name to the Senate.
I said to him: "Mr. President, the selection of a Chief Justice is one of the greatest duties you have to perform. You can make a mistake; we can raise the devil in Congress; but with a capable Supreme Court standing steady and firm, doing its full duty, the country is safe."
He agreed with me; and very soon thereafter Melville W. Fuller was nominated as Chief Justice of the United States.
But this was only the prelude to the real struggle. The nomination was referred to the Committee on the Judiciary, of which Senator Edmunds, of Vermont, was chairman. The latter was very much out of humor with the President, because he had fully expected that Judge Phelps, of his own State, was to receive the honor, and he did not take it kindly that the appointment should go to Illinois. He had told me himself, in confidence, that he had every assurance that Judge Phelps was to be nominated.
The result was the Senator Edmunds held the nomination, without any action, in the Judiciary Committee for some three months, as I now recollect. Finally there began to be more or less scandal hinted at and suggestions of something wrong, and so forth; which I considered so entirely uncalled for and unfair to Judge Fuller that I appeared before the Judiciary Committee of the Senate and asked that the nomination be reported favorably if possible, unfavorably if the committee so determined; and if the committee was not disposed to report the nomination either favorably or unfavorably that they report the nomination to the Senate without recommendation, so that the Senate itself might have an opportunity to act upon it. The latter action was taken, and the nomination was laid naked before the Senate. The matter was considered in executive session. Senator Edmunds at once took the floor and attacked Judge Fuller most viciously as having sympathized with the Rebellion, together with much to the same effect.