42. Sumner to AL, October 12 [sic], 1864, ALP-LC. Since Taney died late in the eve-
ning of October 12, Sumner’s letter was either misdated or written in anticipation
of the chief justice’s imminent death.
43. David Dudley Field to AL, October 14, 1864; Bryant to AL, October 14, 1864;
Medill to AL, October 15, 1864; Low and Stephen J. Field to AL, October 15,
1864; Sherman to AL, October 22, 1864; Colfax to AL, October 23, 1864, ALP-
LC.
44. Sherman to AL, October 22, 1864, ALP-LC.
45. Medill to AL, October 15, 1864, ALP-LC.
46. Chandler to AL, October 15, 1864; Hamlin to AL, October 15, 1864; Hale to AL,
October 16, 1864; Brewster to AL, October 14, 1864, ALP-LC.
47. Spalding to AL, October 13, 1864; Tod to AL, October 17, 1864; Moorhead to
AL, October 19, 1864; Butler to AL, October 18, 1864; Davis to AL, October 18,
1864, ALP-LC.
48. C. Tower to AL, October 14, 1864 (recommending Sumner); Davis to AL, Octo-
ber 22, 1864; Waite to AL, October 22, 1864, ALP-LC. Morrison R. Waite (1816–
1888) was appointed chief justice by President U. S. Grant in 1874. He served for
fourteen years, until his death in 1888.
49. Pease and Randall, Diary of Orville Hickman Browning, 1:686–687.
50. Ibid., 688.
51. Fairman, Reconstruction and Reunion, 12.
52. David Davis to AL, October 22, 1864, ALP-LC.
53. Beale, Diary of Edward Bates, 428.
54. Sumner to AL, October 24, 1864, ALP-LC.
55. Niven, Salmon P. Chase, 374.
56. Goodwin, Team of Rivals, 677.
57. Niven, Salmon P. Chase, 374.
58. Brooks, “Personal Reminiscences of Lincoln,” 677.
59. Niven, Salmon P. Chase, 374.
60. Brooks, Lincoln Observed, 153.
61. Brooks, Washington in Lincoln’s Time, 177.
62. Boutwell, Reminiscences of Sixty Years in Public Affairs, 2:29. The authenticity of
this quotation has been challenged, mainly by participants in later contests over
Supreme Court appointments. Boutwell is apparently the only witness who re-
ported that Lincoln said that “we cannot ask a man what he will do.” To the extent
that Lincoln seems to be saying that Supreme Court nominees should not be ques-
tioned about their views on controversial issues, those who favor intense question-
ing have called the statement foolish, or “un-Lincolnian.” To the extent that the
statement merely means that a nominee should not be asked to prejudge an issue
likely to come before the Court, it seems to be reasonable and in character. Lin-
Notes to Pages 229–234
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