The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

ndeiity ana ability be @scnafged the duties Of his
place ana became tine eonndential adviser of the
State Department and Of President Lincoln dur.
ing the remainder Of the war. When commits
sion was appointed 70 revise the United States
statutes, at the inssaDce OF Mr.. Sumner,
President Johnson appointed MI. Gushing
at the head Of the commission; but
he found the laboes Of 1T too arduous
and fatiguing and soon resigned the position and
returned to the practice Of law being employed by
tine government to take care Of Its great interests
in recovering the property Of the Confederacy in
foreign countries, which came to Ms by the break
ing up Of the rebellion. During the time Of the
1 whole legislation on measures OF reconstruction
and the adoption Of the amendments TO
the constitution, Mr. Gushing was In constant
consultation with the great leaders Of the
republican party, especially with Mr. Stevens and
Mr.. Sumner. Doubtless the facts stated above
win be news to the enemies OF Mr.. Cushing, yet he
advised and constructed the original draft Of the
Fourteenth Amendment From that time those
who have enjoyed MI. Cushlng's acquaintance In
Washington have known how pronounced have
been his opinions upon these amendments and
the measures to carry them into effect. Motto
ably he has retained the confidence and
| support Of Mr. Sumner because of hts opinions
upon those subjects. Mr. Gushing has never had
anything to DO with ue class of practice in Wash
ington which falls into the hands Of claim agents.
He has always held aloof from IT, Nor has ne ever
promoted business or made arguments before the
committees OF the two houses Of Congress- The
single instance in which he broke this rule was in
matters of election, and for day or two, in the
absence OF other counsel, assisting his old
friend and acquaintance Mr.. Ames, OF Massa-
chusetts, when the Union Pacific Railroad matters
were being examined before Q committee of the
House. Mr.. Gushing voted for Mr. Lincoln In 1884
and for Grant in 1868 and 1872, going to Massa
chusetts for that purpose, and contributed $500
to the campaign In his adopted State OF
Virginia in the election OF 1872 Having
been 80 pronounced democrat before the war;
his services having been repealed by the Governor
OF his State ana being employed most fully In his
profession, MI. Gushing has never thought it
proper to make any loud protestatons Of his re-
publican feelings and views lest his motives might
be misunderstood. The readers of the HERALD
will remember, however, that he appeared in the
Louisiana case in the Supreme Court, last winter
upon the question Of the right Of the government
to put in operation the Enforcement laws in that
State.
1t is known that Mr.. Mcpherson, the Clerk of the
House, has kept record OF the doings of public
men of prominence ever since 1863 by cutting out
all newspaper mention OF their important acts and
comments thereon Senators on both sides have
had access to this recofd~and they have failed to
and single word eitla laid by or against Mr.:
Cushing from that time until now which mpugns his
patriotic record, which is but briefly recited.
On the contrary, one Of those slips gives
character to Mr.. Gushing, as Judge of the Su.
preme Court Of Massachusetts,, which 1t might be
we'll for the Senate to consider. 1t was published
in the Boston Advertiser. in $780, and an
Ia hos hoo
our own fortune to agree with him, these
many years past, but 1t has not seldom occurred
to us that those who have been at the greatest
pains to inveigh against him must find points In
his character and history worthy OF something
more than contempt His untiring industry,
his great learning the charm Of his conversation
his entire devotion to whatever he undertakes 10
do, his actual success in official pOsirions-these
count a good deal In the sum Of public career
and will some time be acknowledged. Never was
there fairer or more considerable and courteous
magistrate on the bench; never legislator who
was more Industrious and skilful and ready to
assist in matters Of general legislation even those
from whom he entirely differed on purely political
questions. It will be difhcult to find lawyer
Of eminence wheAg d5es not IKE to meet
an opponent Of such fairness as well as
ability. Perhaps the time has hardly come
to say all this and it may CRATE the feelings OF
those who have warmly resented Mr.. Cushing's
political course, and may tend to rake open the
slumbering fires Of old controversies; but we ven-
ture it, and also the further remark that things
have turned out the bitrerest foe can afford to be
just, as well as generous to citizen so remarka-
BILE, SO able and SO distinguished"
1t is believed here that, upon fun reflection upon
the subject and upon Mr.. Cushing's record az
given there will be no difficulty about his confr-
nation. The list Of Senators opposed to him tele-
graphed from here is wholly incorrect and unre.
liable. The names which head the list TOR and
against confirmation are Ames and Alcorn Both
Senators are in Mississippi. Alcorn viii not be
here for several weeks and Ames not at all, he
having gone down to take his seat as Governor.
Your correspondent had an interview with Mr..
Sumner tonight in regard to the confirmation Of
Mr.. Gushing as Chief Justice Of the Supreme Court
OF the United States, at which the following facts
were elected He believed the nomination was
very good one, and that Mr.. Gushing possessed all
the qualifications OF ability and record as lawyer
and in the requirements OF intellect to make q
good Chief Justice. He mentioned to most of the
lawyers In the Senate and those on the Judiciary
Committee, holding in doubt but few who had
not spoken to him on the subject. Prominent
among those enumerated who were favorably dis
posed we're Edmunds. Conkling, Carpenter and
rIeHuHuuyseH. CdueTon, boutwell, ana FenJOn ne
knew to be strong advocates Of the favorable
action Of the Senate. He had received telegram
to-day from J. B. Smith, colored member Of the
Legislature Of Massachusetts, and whom he pro.
nounced strong leader of long standing among
the colored republicans Of Massachusetts,, in which
the confirmation of Mr.. Cushing was strenuously
urged, closing with the remark that 1--WE colored
people, have need OF his great SERVICE" In addition
this he had received very strong letter from one
of the highest sources Of republican strength and
responsibility insisting upon the same action. Mr..
Sumner laughed quite heartily at the statement in
some of the republican papers which said this was
Mr.. Summers nomination. He stated that he did
not know anything about the nomination
until 1t was made, and he has not laid his
eyes on Grant since the Inauguration, and
had not spoken to him for a long time. He had no
opportunity of knowing anything about 1t until it
was announced. lie knew Mr.. Cushing very well,