New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-01
4 GUSHING MANIFESTO.

Mr.. Caleb Cushing IS making a publication
which seems to us in0pportune, lndecorous,
and every way inexpedient. He is undertaking
to review and criticise, with the freest pen,
and no lack of gall in his ink, the conduct OF
the Geneva Arbitration-and of the Arbitrators.
If he does this without, the consent and ap-
proyal of the Government. Mr.. Cushing's
client, then is it q gross breach of trust. III
with their consent, then client and counsel are
alike to blame. There is no clearer OF
more imperative rule Of professional de-
cor,lm than that which, during the pro-
gress of litigation, forbids an advocate from
talking or writing out Of doors about
it. 1t is a kindred rule, though not, we admit,
of the same obligation, which discOurages a
professional man from commenting on the
result of a cause after it has been decided,
and making the motives of the opposite
counsel OF of judge the subject of adverse
criticism. To take prominent case, what
would have been thought by considerate and
well-trained lawyers if, after the ac-
quittal of Andrew Johnson, Mr.. Evarts,
or Judge Curtis, or Mr.. Groesbeck,
had made an acrimonious speech, or written
ga merciless invective and satire" against
Senators who voted for a conviction, making
even their personal demeanOr the subject of
bitter comments There can be but one an
swer to this and when we read of the Ameri-
can advocate, who gained his cause, "merci-
"lessly lashingn dissenting Judge, it strikes
us, to say the least as incOngruOus and I'M
graceful.
Such an explosion, too, seems to us very In
opportune, for, in point of fact, the interna-
tional litigation Is not at an end. The
Commission on the British claims has not
concluded its work, and we can imagine Mr..
Recorder Gurney's discomfort when in this
assault on one Judge he has a foretaste Of
what may happen to another. Nay, further, the
very attitude which, owing to the nOn-action of
Congress, our Government occupies as to this
very Geneva fund, ought to admonish reserve
and silence, at least for time. 1t is a very
unpleasant one, view 1T as we may, and the
State Department, whence we fear this i'll
Judged publication emanates, must be very
poorly informed if it does not know that, at
this moment, there is a very sore feeling
abroad as to our supposed sharp practice,
which needs emOllents rather than such irri-
tants as Mr., Cushing delights to compound.
No one will accuse us of too great liking
for Great Britain, it's policy and its public
men, and hence we are the more free now to
speak. Mr.. Caleb Cushing is, and for years
has been, what may be termed chronic and
ferocious antl-Anglican. Nineteen years ago
he put in jeopardy Gov. MaIcy's judicious
diplomacy, and in some form or another he has
been at it ever since. We confess we neither
think the better nor the worse of him on
this account; but having at heart the
good name of our public service, for de-
corum and discretion at least, we deplore
conduct now which is under any circumstances
indecent and pregnant of mischief. The Chief
Justice of England is sharp and practiced
polemic, as any one who recalls his inculpatory
speech or Greek affairs in 1850 which gained
him his promotion, will admit, and it may be
his weapon of retort here may prove dan
gerous one. We confess we look to such an
unnecessary tourney with no satisfaction
whateyer