The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-11


Ob5setiens Of RspublAoan Politi-
ciAns-Is the President Trining with
tho senates
The nomination of Caleb Cushing for Chief
Justice is not satisfactory to the republican
politicians. The Judiciary Committee of the
Senate. to which this nomination was re-
ferred, promptly reported in favor of con-
hrmation. They were 80 well assured of the
qualifications of the man for the Office that
their consideration Of the subject was re-
duced to a mere formality. Senator Sumner
expressed his appreciation in emphatic terms,
and o number of other Senators were equally
prominent in their approval of the President
substitute for Mr.. Williams. In word, the
nomination, though . SURPRISE was received
in the Senate with marked satisfaction The
action of the body upon the confirmation
was arrested by an objection from Mr. Nor
ton, and, consequently the consideration Of
the subject went over to the next executive
session.
From this point-Mr Morton objection
we have the development of q party move
ment against Mr.. Gushing for Chief Justice,
and the line Of attack adopted by the Wash
ington Chronicle indicates vigorous party re-
sistance to his confirmation. The Chronicle
objects to the democratic and pro-slavery an
tecedents of Me- Cushing. and says that as
Chief Justice he might, at the ripe age of
seventy-four, reverse opinions given as Attor-
ney General (under Pierce's administrator
twenty years earlier; but that ''what is bred
in the bone may not come out in the flesh
in his case" and that ''if the Senate, three
fourths republican, should confirm him for
this exalted position we advise the democrats
to nominate him for President in 1876" FL
nally, says the Chronicle, ''between this and
the next executive session of the Senate it is
expected that the question of the possibility
of finding republican lawyer in the United
States fit to be the Chief Justice will be ma
turely considered" The republicans of the
Senate, then, will be called upon to resist the
confirmation Of Mr.. Gushing upon these
grounds-that his pro-slavery opinions Of
twenty years ago and his past democratic
affiliations disqualify him for the Office, in the
judgment of q republican Senate; for that
in view of the maintenance in and through
the Supreme Court of the Southern recon-
struction acts of Congress republican
lawyer, of whose loyalty there can be no ques-
ton, must be exacted of the President for
Chief Justice
1t is certainly O singular event in our politi-
cal history that the man who was President Of
the famous Charleston Democratic Convention
of 1860 has in 1874 become the second
choice of a-republican administration for the
second Office in the government in its dignity
and its high responsibilities But this is only
one of many strange surprises in political
transformations which have come to pass
within the last ten years. General Butler, for
instance, no less than General Gushing, was
distinguished as pro-slavery democratic
magnate in the Charleston Convention; and
yet he is to-day q republican leader from Mas
sachusetts in Congress However, as upon
the test of loyalty to the republican party and
its Southern reconstruction measures Mr..
Cushing is to be arraigned and tried in the
Senate, it is possible that he may fail to run the
gauntlet. Reduced to this test of party loyalty
and subserviency Williams was, doubtless,
one of the best nominations that could be
made. Yet, from want of Senatorial conf
dence in his professional capacities, expert
ence and attainments, the President was con-
strained to withdraw him. Under his annoy
ance from this defeat General Grant, we
suspect, has been playing with the Senate the
role of Jupiter with the frogs Of the fable -
Every we'll, if King Log will not satisfy you,
perhaps King Stork will be acceptable. If
capacity for the Office is all you want you will
surely be delighted with Caleb Cushing Bat
a man Of the largest capabilities without
loyalty to the party is quite as Objectionable
to many of the republican politicians as a
nominee who has nothing but his party loyalty
to recommend him. The republican radicals
want genuine republican lawyer, if one can
be found in the United States fit to be Chief
Justice.
But, supposing that Mr. Cushing is laid on
the table by the Senate, where are we to find
this genuine republican lawyer qualified for
the Office in question? You cannot have
Senator Conkling for he was the Presidents
first choice, but he declined the honor The
Office is not quite up to the mark of his expec-
tations He looks higher Senator Morton is
professionally qualified, but is physically dis
abled. Senator Edmunds has been mentioned
as q proper man, but he is too little known.
Charles Francis Adams would be an emf
nently proper man for Chief Justice, but he
to the regular orthodox republican is an
apostate and hereto. Mr.. Evarts is fully
qualified, but he was on memorable occa-
sion counsellor for Andrew johnson, and 30
Evarts is not the man for General Grant.
Senator Frelinghuysen might pass the ordeal
of the Civil Service Examining Bureau, but
he is apparently content with his present
position General Butler is one of the ablest
of republican lawyers, but the Puritans of