In the meantime some one had sent me a printed copy of a speech which Judge Phelps had delivered during the war, attacking Mr. Lincoln in the most outrageous and undignified fashion. When I read that speech I then and there determined that Judge Phelps would never be confirmed as Chief Justice, even though the President might send his nomination to the Senate. I put the speech in my desk, determining that if I ever had a good chance I would read it in the Senate, at the same time pointing out that the only objection which Senator Edmunds opposed to Judge Fuller was his pique because Phelps had not received the appointment. Edmunds' attack on Judge Fuller gave me the opportunity, and I read the speech of Judge Phelps to the Senate, much to the chagrin and mortification of Senator Edmunds.
The Democrats in the Senate enjoyed the controversy between Senator Edmunds and myself; Senator Voorhees was particularly amused, laughing heartily all through it. Naturally, it appeared to them a very funny performance, two Republicans quarreling over the confirmation of a Democrat. They sat silent, however, and took no part at all in the debate, leaving us Republicans to settle it among ourselves. The vote was taken and Judge Fuller was confirmed by a substantial majority.
Judge Fuller was very grateful to me for what I had done in behalf of his confirmation, and afterwards he wrote me a letter of thanks:
"Chicago, July 21, 1888.
"My dear Senator:—
"I cannot refrain from expressing to you my intense appreciation at the vigorous way in which you secured my confirmation. I use the word 'vigorous' because, though it was more than that, that was the quality that struck me most forcibly when I saw the newspapers this morning. When we meet, as I hope we will soon, I would very much like to talk this matter over with you. I hope you will never have cause to regret your action. I can't tell you how pleased I am that Maine and Illinois, both so dear to me, stood by me. But because I love them, I do not love my country any the less, as you know.
"And so I am to be called 'Judge' after all! This is between ourselves.
"Faithfully yours,
"M. W. Fuller."
Senator Frye voted in favor of Judge Fuller's confirmation. He did this partly, I believe, because Fuller was a Maine man and a classmate of his at Bowdoin College, he previously having entertained some doubts, as he told me afterwards, whether Fuller was really qualified to be Chief Justice of the United States. Very soon after his appointment, the Chief Justice was invited to deliver an address before the Joint Session of the two Houses of Congress. I think it was on the occasion of the one-hundredth anniversary of the inauguration of the first President of the United States. Senator Frye and I walked together over to the hall of the House where the joint session assembled, and he said as we went along: "I will determine to-day, after I hear Fuller deliver his address, whether I did right or wrong in voting for his confirmation as Chief Justice." Judge Fuller delivered a most beautiful speech, which would have done credit to any man, no matter how high a position he occupied in this or any other country; and as we returned together to our own chamber, Senator Frye remarked: "Cullom, it is all right. I am satisfied now that I did right in voting in favor of the confirmation of Fuller's nomination."
Melville W. Fuller filled the position of Chief Justice of the United States with great credit and dignity. He wrote, during his long term of service, many very able opinions. I did not agree with his conclusions in the Income Tax case; but I think every lawyer will conceded that this opinion was about as able a presentation of that side of the case as could be made. He was a most conservative and safe man for the high position which he occupied. Of necessity the Chief Justice of the United States must be an executive officer as well as an able lawyer and judge. There was no better executive officer than Chief Justice Fuller. Justice Miller told me on one occasion that Fuller was the best presiding judge that the Supreme Court had had within his time; and in addition he was a most lovable, congenial man.