Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-01-12
CALEB CUSHING.
His Nomination for the Chief Jusiiceship.
WHAT THE NEWSPAPERS SAY.

The Providence Journal, Senator Anthonv's
paper, says: Caleb Gushing was yesterday
nominated for the ONCE of Chief Justice of the
Supreme Court of the United States. The nom
nation was referred, a usual, to the Judiciary
Committee of the Senate, but no doubt is eN-
pressed of his confirmation. The most dSa
greeabIe feature of this change is the loss OF Mr..
Cushing's diplomatic services at Madrid"
The Chicago Tribune, says: "Mr. Cush
ing is man Of ability, of great acquire
ments, OF ripe and varied ext erieuce, and o.
considerable eccentricity; He has been con
fsssedly one of the Sblest lawyers Of the coun,
try for many wears. His intellectual status i
uBqnestioned. His knowledge and experience
IN tue affairs OF the government for half cen
fury are hardly surpassed by any person now
living. The objections to Mr.. Gust ing are his
age and garrulOusness."
The Chicago liter Ocean says" OF Mr..
Cushng's ability there can be no qUes-
ton; but the experience of the bar and of eli
ehts whose interests were partially in the keep.
ing Of Justices Grier and Nelson in the late
years of their lives. gave them TO distrust
the policy of retaining IN active Off cial position
men of such extreme age, and led to the pas
sage OF the act permitting them and their asso-
ciates and successors to retire from the bench
At the age of 20, without forfeiture of pay"
The New York Commercial 4dcertiser Saws
" All concede his great ability and familiarity
extensive learning; but public judgment wills
pers there is something else required than these
important qualities. MIR. Gushing is not great
lawyer in the true accePtation of the term. He
arts, Hoar, Curtis, and many other eminent
members of the profession. His engagements
for thirty years have not been in courts, but
have been Of the Bohemian illegitlmate and of
the highly respectable lobby order"
The New York Graphic Says The nOmina-
ton of Caleb Gushing to the Chief ,Tusticeship
viii shock the country into regret that Mr..
Williams had not been confirmed. Mr. Cushing
rs marvel OF unhtnesS in every essential par
ncular. By constitution and training he is an
attorney, versatile, diplomatic. elastic con
scIeneeless. His mental habits and temper arc
unjudicial, and be lacks the dignity of charac-
ter aud steadtness OF conviction and consistency
OF lite which that high station requires"
The y. \. Post says that Mr.. CushiDgs nomi-
nation evidently diSpleases the mere party
hacks, and adds Mr.. Gushing is "A gentle
man OF such UNREASONABLE learning As a law.
yer, has bad so wide an experience OF otficial
lite, and Is so comparatively free from personal
impeachment, that his no miDatiOn TO the Chiei
Justiceship seems happy escape from that by
winch IT was preceded. Almost everybody, "a
the first blush, is inclined TO approve il, and TO
nope that IL will he AT once confirmed by the
Senate. But second thought recalls his ad.
vanced age, his want of solid Judgment, his
restless vanity, his ntrmities OF temuer, and
the fact that tor the last ten years he has not
been at all in sympathy with the pronounced
policy of the republic
The Tribune says: "Nr. Cushing is not our
greatest lawer. He has not a 1irSt rate reputa-
uon as man of fixed and conscientious convic-
tons. lie does not possess in the country the
;lgh prestige and public confidence which should
never be absent from exalted judicial station.
lie has always been untriendly to those great
fundamental principles upon which the ma
tonal integrity was preserved through four
years OF war, and he has never given his adhe-
sion TO those constitutional guarantees by which
the results of the war were secured. He is
therefore not the man whom the President
should appoint and the Senate confirm as Chief
Justice OF the United States"
The Times thinks it may be acceptable to the
oaf, ana does not suppose that the Democrats
VIII oppose 1t. But tor our own part lit SAYS
we are unable to explain or justify Mr.. Cush
ing's nomination, and therefore we shall not
tmpt TO DO either. We can only regard the
present game of bliIdman's buff in reference to
me Chlef Justiceship with surprise and morti-
fcati0n."
The World admits that Mr.. Cushing has an
aifueDCe of qualifications, but nevertheless
hesitates 10 consider 1t good appointment:
IA the nrst place he is too far advanced in life
His faculties are perhaps a. vigorous and elasti
as they ever were but at his age it is doubtful
how long they can continue. : Itls a
hazardous experiment to put so Old man in
that POSITION
The Herald regards il a. a nomination which
amply supplies the high requirements de.
nanded for the Office. 1t is a nomination upon
which the Senate may properly dispense with
reference to the Judiciary Committee, as in the
case or Salmon p. Chase, and is a nomination
winch Will awaken no opposition from any
quarter, butwhich will challenge the approval
~ intelligent men OF ALI parties, and will be &C
ceptable TO all sections OF the country.
The Star says: "Mr. Gushing will honor the
position, As man, he is above reproach. As
As publicist, he has few equals and no su-
periors. He will doubtless be conarmed and
oe worthy OF all the kind words said OF him"
The Sun considers il an infinitely better nom
nation than that of Mr.. Williams: But when
we are asked whether MIR. Gushing is altogether
a MT man for Chief Justice, and whether ne
Will answer the higher requirements OF so dig
nihed and important Office, the answer must
he in the negative"
The Express says: General Grants nomina-
ton OF Mr. Gushing may be illustrated, as things
hy fha htl In oh,
partissns curse aloud, the cool heads wonder,
and the rest of the world stand amazed-not
that MIR. Gushing is OF able, but that something
else was expected, and especially something
younger in years than seventy three"
The Philadelphia Ledger says lie has the
high intellectual ability required by the po-
conceded that he has, to the full, the essential
legal learning, especially in those departing ts
OF the law which come before the Supr eme
court Of the United States. Whether he has
the judicial qualities of keeping his mind open
until all sides of the case have been heard, of
patient attentiveness, careful investigation, i'm
perturbable temper, &c, 1t is not easy for any
but his close iutimates in recent years to say
HIS studies and practice, and his latterly toer-
ant spirit are the sort of surroundings which
should naturally produce the Judicial quail
ltles, and ii is, therefore, reasonable to infer
That he possesses them. But his mind is quick
ana ms learning great, and these sometimes
carry the abiest lawyers ahead OF the arguments
The Petersburg tva.) Daily Ne,os says: "The
nomination of Mr.. Caleb Gushing, .of Virgin
Ia y to the high position of Chief Justice of
the United States, will be a pleasing surprise to
the whole country, sober minded folk north and
south. Mr.. Gushing is an irritable man, and
possessed Of other infirmities of temper which
I'D other days would have rendered his nomina
uon thing not to be thought Of but it is useless
70 look back and institute com parsons with the
Malshaiis and Taneys and other great and
pure men OF the early republic, and 50 we may
humbly thank God even for Mr., Cushing whose
ability in certain directions no one auestiops.n
The Richmond Enquirer says: 1--WE like the
nomination very well. 1t is a million times better
than IT would have been with Williams or might
nave been with some other political fayorite:
and "a We said when Mr.. Gushing was so recent
~ rom mated for the Span sh mission we be-
gener ally"
The Boston Globe says he will, at least, com.
mand respect, and that "during the period of
MS service, We shall have no fear that the
ermine will drag in the mire of corruption or
political intrigue, and when 1t is over we will
nope that period shall have arrived in our
coqntry's history when the eminent fitness OF
the candidate shall be the sole consideration in
making selections for the highest posts Of honor
The Boston Advertiser saws 1--WE take IL for
granted that the nomination will be Confirmed
ana that 1t Will be accepted as a fortunate issue
OF . cfisie At one time threatening; but il
VIII De with mixed emotions on the part of
u