It was the desire of his associates in the House that he should be a Member of General Grant's cabinet. When General Grant's Cabinet was announced the name of Governor Boutwell did not appear, and my brother, Judge Hoar, was nominated for Attorney-General. He had a high opinion of Mr. Boutwell and had been very earnest, so far as he could properly do so, in advocating his original nomination to Congress. In the evening after the Cabinet had been announced Mr. William B. Washburn, afterward Governor, called upon me at my room. Mr. Washburn and I were not then intimate, although we afterward became close friends. He said that he had been requested by the delegation to tell me that they earnestly hoped to Mr. Boutwell might have a place in the Cabinet, and that, although they had great regard for Judge Hoar, they hoped that some arrangement might still be made which would bring about the selection of Mr. Boutwell. I told Mr. Washburn that I was sure that the appointment of Judge Hoar would be a surprise to him, as it was to me, and that I thought it quite doubtful whether he would wish to leave his place on the Bench for a seat in the Cabinet, but that I could not speak for him or judge for him. I telegraphed at once to Judge Hoar not to commit himself in any way until he reached Washington and could see me. I met him at the depot, told him of the communication of the Massachusetts delegation and that, especially considering President Johnson's quarrel with Congress, it seemed quite important that General Grant, who had no experience whatever in political life, should have some person among his counsellors who had the full confidence of the leaders in Congress. The Judge strongly appreciated that view. When he called upon President Grant his first conversation consisted in urging upon him very strongly the selection of Governor Boutwell. He supposed then that it would be quite unlikely that the President would take two men from the same State and supposed that selection would require his own refusal of the offer of the office of Attorney- General. 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