New national era. [volume] (Washington, D.C.) 1870-1874, 1874-01-15
The Ch.rf-.. ..iceshlp.

of Congress is the nomieation of Caleb Cush-
ing by the President to the Enthusiastically
of the Supreme Court of the United States.
A measure which has excited SO much
general discussion, and seems so universally
condemned by the leading presses which
have yet spoken, requires consideration.
We do not join in the general howl which
was raised against the nomination Of the
Hon. Attorney-General Geo. H. Williams
and, furthermore, we are of the firm convic-
ton that this gentlemen expressed only the
exact truth in his letter of withdrawal, in
stating that the press had let loose upon him
the fioodgates of calumny. Although we
have no personal interest in Mr.. Williams
or have ever had any intercourse with him
whatever, either officially or through any
other channel, thus leaving us quite free
from any personal bias, we feel bound to say
under the existing situation, that 1t Is indeed
unfortunate that Mr.. Williams was not COLI
irmed by the Senate. This opinion is based
on the belief that Mr.. Cushing is not fit
man for the place, and that Mr.. Williams
was. Our opposition to MIR. Gushing is natu-
raj and obvious, and VIC will be frank enough
to admit that we are prcjudiced, as we be-
lieve we have reason to be, against him.
A pro-slavery democrat, the late Attorney
General and par-excellence the legal adviser
of Franklin Pierce, a man who has notori-
ously opposed the principles by which the
country was redeemed and purified from the
curse Of slavery, and by which the black mnn
has been citizenized and cnfranchiscd; a
turn-coat from the Wings to the pro-slavery
democracy; q man who in the past has
coldly turned from the right to the wrong
from the weak to the strong from the the
principles of natural justice to professional
vindication of the bred Scott decision, is not
the man with whom we feel any sympathy
or shall DO likely to consider superior to an
able Republican for the highest office in the
gift of the head of the Republican party.
The natural fitness of things, does not in
duce US to concur in the wisdom of placing
an enemy, politically speaking, above
party that he has exerted long life in OPP
posing. To be selected by the official repre-
sentatives Of that party to preside judicially
over its acts to be the last appeal and high
est resort in constituting and ef'ectually en-
forcing or restraining and eflectually annull-
ing the legislative, official, political, and COM
bined wisdom of that party, is truly high hon
or to place upon the brow of Mr.. Gushing.
To be chosen by an opponent to preside over
his acts in the capacity of censor is a very
great honor. But in this case, certainly not
complimentary to the legal acumen of the
representative men in the Republican party.
That this measure has caused division be-
tween press and party leaders, usually act
ing harmoniously, is evident. The causes
which have produced this anomalous, though
not entirely unprecedented situation, we
surmise are not to be charged, as seems to
be the inclination of some, as the fault Of the
Executive. Our position is just this: the
case which can be made out SO clearly
against Mr.. Gushing was not established
against Mr.. Williams and there commences
| this division, over which with Mr.. Gushing
for a new sounding-board, certain of the
press have suddenly grown so eloquent.
The main point against the AttOrney-Gcn-
eral, stoutly and variously maintained, was
slack of ability" This was the keynote.
It waa an easy cry, and unfortunately easily
swaying public opinion in a case like this,
where the public would naturally expect a
first-class man. But we assert unhestating-
ly that this was political trick, used cum
ningly for the time being to serve selfish
purpose; and it was sought to be established
cunningly and specifically after the manner
of any other trick, political or otherwise.
Lawyers are supposed to know everything !;
so prominent bars held bar-mcetings, and
pronounced this nominee of the President
for Chef-Justice lacking in ability" We
say here and now, that public sentiment will
eventually condemn this proceeding. Mr..
Williams will not look in vain for vndicatlon
from this calumny.
1t is not hard to prove that the New
York bar, or any other association of law
yers, as an association, or as individuals
(save those that have practised before him
as judge or with him as attorneys) know
nothing of his abilities more than the same
number of individuals engaged in any other
avocation whatsoever. 1t would have been
as much in order, and more excusable, if the
rag-pickers' association of New York had
met aud passed resolutions cOndemning the
Presidents nominee. 1t would have been
more exeusable, as they are not supposed to
understand so well the absurdities of ex parte
proceedings. 1t is already currently believed
that this was the work of a rival, and in this
connection it may be remarked that observa-
ton shows, that in the legal profession ew
large fishes swallow up great many small
ones; and in this case, the numerical
majority. but intellectual minority will proba-
bly, have brains enough left to reflect how
absurdly they have been used. The real
truth is this, motoriety has been the measure
for ability, and because Mr.. Williams did not
happen to be named in the same catalogue
with few very famous lawyers, he was
hastily condemned. We know that we
express very intelligent opinion prevailing
in this city, that advantage was taken in
this and other dishonorable ways, by Jealous
and ambitious rivals in the Senate, and by
the New York City ring, to rob Mr.. Will
liams of the honor sought to be conferred
upon him by the President. Mr.. Williams
at last retreated from this combined and
dishOnorable attack. But the President. no
doubt, discovered the Fact that there had
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