11/14 I myself had a conversation with Attorney-General Hoar in the afternoon of that day. He had just heard the decision from the Chief Justice with great astonishment and surprise. There were two vacancies in the court--one occasioned by the withdrawal of Mr.Justice Grier, and one by the Act of Congress of the previous Session providing for an additional judge. At twelve o'clock in the morning of that day, before the decision in Hepburn _v._ Griswold was made known, President Grant had sent to the Senate, and the Senate had received the communication nominating Messrs. They were regarded as the ablest lawyers in the circuits where they dwelt. |