Dear Will , I am awfully sorry, old man, but after faithful effort for a month to try to arrange matters on the basis you wanted I find that I shall have to bring you home and put you on the Supreme Court. I am very sorry. I have the greatest confidence in your judgment, but, after all, old fellow, if you will permit me to say so, I am President and see the whole field. The responsibility for any error must ultimately come upon me, and therefore I cannot shirk the responsibility or in the last resort yield to anyone else’s decision if my judgment is against it. After the most careful thought; after the most earnest effort as to what you desired and thought best, I have come, irrevocably, to the decision that I shall appoint you to the Supreme Court in the vacancy caused by Judge Shiras’ resignation.⁠ ⁠… I am very sorry if what I am doing displeases you, but as I said, old man, this is one of the cases where the President, if he is fit for his position, must take the responsibility and put the men on whom he most relies in the particular positions in which he himself thinks they can render the greatest public good. I shall therefore about February first nominate you as I have suggested.