John McLean had died the previous year and President Lincoln followed his earlier advice to replace him with his close friend Noah Haynes Swayne.  Virginia-born Swayne was a 58 year-old anti-slavery Republican who was to serve on the highest court until January 1881.  The Senate vote to confirm him was 38-1 with nine other senators absent.  His only dissenting vote came from Republican John Parker Hale of New Hampshire.  (By John Osborne)