National Republican. (Washington City (D.C.)) 1872-1888, 1874-01-10
THE CHIEF JUSTTCR


building.
THE CHIEF JUSTICR
Our real ers have or will learn with
pleased surprise of the nomination by the
President of Caleb Cushing, of Virginia, As
Chief Justice. This, following so close
upon his appointment and confirmation as
Minister to Spain, which was received by
the universal plaudits of the press and the
country, is very high compliment to this
distinguished jurist and statesman. We
have no doubt that, had the Spanish re-
public survived, the Administration would
hardly have felt that it could have spared
Mr.. Gushing from the service Of high capa-
city and usefulness to the country which
had been rendered him. But since his ap-
pointment 50 great change has taken place
in public affairs in Spain, that it seems TO us
that even his presence there, representing
the interests of the American republic, would
DC Raruly QeelIaoic.
The Administration, in the course of their
pacific settlement of the Virginius affair,
strove in every proper manner to sustain
CASTELAR, at the head Of the youngest repub-
lie in Europe Our Government Is not un :
observant of the fact that one cause which
made Castelar's fall, taking down the republic
with him, possibility, was that he desired
TO do right in the late negotiations between
this country and Spain. The Spanish re-
public has been overthrown by a General at
the head of fourteen thousand bayonets,
driving the Constituent Assembly, chosen
by the people, from their hall. and pro-
visional government has been set up which,
with SerTano as its chief. is undoubtedly in
the interest of Prince Alfonso and the mon
archists.
The monarchs of Europe have ever been
slow to recognize, by established diplomatic
relations. any republic in the Old World.
They have always waited until that repub.
lie appeared so established fact either by
arms or time, that they were obliged to have
diplomatic intercourse with it. Then, and
not until then, have European sovereigns
sent ambassadors in recognition of the exist
ing republican government.
Now that CASTELAR, las been overthrown
for his friendly and Independent course to-
wards us, it would hardly seem fitting that
the great republic of the world should
hasten to recognize provisional govern
ment in the interest of monarchy. founded
on the ruins of the republic 1t would
seem to us, until better advised, that our
Government should pause before we take
any step which shall give any support TO
this new government, and certainly not 90
long as it remains provisional only. We
forbore much in the Virginius affair because
Spain was a republic. 1t would seem we
ought now to forbear to do anything which
would tend to cripple the hopes or efforts
Of republican Spain to re establish itself.
These suggestions would seem to answer
what has been brought to our notice-:hat
the Government may still require Mr..
Gushing. as Chief Justice, to go to Spain to
settle the terms of the convention to carry
out the protocol of Admiral Polo, even
while Chief Justice, following the prece-
dent set in the case of Chief Justice Jay,
who went abroad upon almost q similar
mission while holding that high Office. We
Can sec no advantage Of active diplomatic
with Spain at the present time,
but rather wisdom in allowing the archives
of the legation to remain in the hands Of a
simple charge d aFaircs until we know
with whom we have to deal.
Itmay be said that unless we are repre-
scented at Madrid early We may drift into
war with the new Spanish authorities. But
the situation would seem to be thus: If Ser
rano finds i. necessary and convenient, in
order to consolidate his power, to rouse the
Spanish pride and to unite all parties, to
have war with the United States, no dip
lomacy, however able, can avert such q Ca
lamity, which he may deem necessary for
his safety. If his situation does not require
SO great and fearful step on his part
which, we trust, he may not deem 1t TODD
then no diplomacy will be needed to pre-
vent conflict between this republic and
his Government In either event, as mat
tiers seem to stand at present, diplomacy
would be useless for this topic.
Meanwhile, we congratulate the President
and the country upon his choice for Chief
Justice. In the nomination Of Mr.. Will
Hams the President offered to the country
young man of less assured reputation and
experience, who might grow up to the po-
sition. as did Marshall But the voice of
the press and the country demanded. with
singular unanimity, an experienced man.
The bar called for the greatest lawyer, the
country called for the greatest experience
in public affairs and greatest ability. In
the nomination of Mr.. Cushing the bar have
the foremost lawyer of the country and the
greatest experience, statesmanship, and
ability.