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


and may we hope to see him withdraw his
support and oountenance from political
crime not in any particular. different from
the one he now declines to abet2
The Unconnrmed Gushing for Chief
Justice-The Opposition and the
Prospect.
Mr.. Caleb Gushing, the second nominee of
President Grant for Chief Justice of the
United States Supreme Court, still remains
unconfrmed The Senate refused TO go into
executive session yesterday, and therefore we
are unable to state whether the chances of the
venerable jurist are better or worse We only
know that the excitement over the nomination
has become more intense and that the discus
sion has grown more bitter and spicy. But
through all we see one fact, pretty distinctly
shown-that about two-thirds of the news
papers are for MIR. Cushing, and the balance
mainly composed of the most slavish organs of
republicanism, are unqualifedly opposed. We
draw this inference from an examination of
our exchanges as they happen to come in,
very fair and impartial method of gathering
the public opinion of the country. and we find
moreover that nearly all the non-partisan
newspapers praise the nomination in no I'M
certain language.
1t does not follow, however, that the honor
able Senators share in the public opinion as
reflected by our exchanges, and we only refer
to the fact to disprove the assertion of few
of the partisan journals that the second
choice Of President Grant for head of the
national Court of last resort has already met
with as much opposition from republican
newspapers as his first choice. The un-
doubted fact was that three-fourths of the
entire press of the country if not larger
proportion, condemned the nomination of
Attorney General Williams, while, perhaps,
less than one-third oppose ex-Attorney Cen
eral Cushing. None of these base their oppo-
sition on the ground of unfitness, and only
few very few indeed-venture to question
his honesty and patriotism. They quarrel
with his antecedents as democrat; they are
wroth because some pure out-and-out repub-
| Gcan lawyer was not selected or they pre-
tend to apprehend that he may upset all the
reconstruction work, North and South, that
has been accomplished since the rebellion
of jeff Davis. They admit that MIR.
Cushing is learned in the principles
of the law, from its lowest to its
highest branches, that in his experience in
and knowledge of the law he is unsurpassed
in the profession. But then they say that he
has been Tyler man, pro-slavery democrat,
o. orvthi hv fy1rn
nothing long-and that he has no fixed princi-
pies upon any question or thing, except the
the principles that will serve him for
| the passing hour that he has system
atically sold his opinions to the highest
bidder and that he is still in the market !;
years he has been, as o politician, an adven-
turer as diplomat, time-server, and as .
lawyer, Bohemian. The republican radicals
further denounce him, as consistent in nothing
so much as in his pro-slavery antecedents and
opinions as political outlaw from Massa-
chusetts as an unwelcome carpet-bagger in
Virginia as a man of endless intrigue, equally
at home with Buchanan, Lincoln, johnson or
Grant, and caring nothing for either Of them
beyond the profits accruing to Cushing.
Such is the war of the republican implaca-
bles against Gushing and yet there must be
some extraordinary merits Of solid character
in this vigorous old man, when Mr.. Fish
found in him, of all men, the very man re-
quired for Spain, and then, after his confrma-
ton for this mission. the President found in
him the man who most amply supplied the
deficiencies of. Williams for Chief Justice.
But his loyalty as republican is not satisfac-
tory to the radicals, and upon this test it is
very evident he is to stand or fall before the
Senate.
We venture no prediction as to the final re-
suit But is it not a little singular that the
President should display his independence
Of mere party dictation SO suddenly in two
| notable cases-the nomination of a n-pari-
san candidate for Chief Justice and the re-
fusal to interfere in the internal affairs OF
Texas at the call Of q carpet-bag Governor?
What does this mean?