New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-10
THE CHIEF JUSTICESHIP.
Continucd from first Pusr,


a war with the United States no diplomacy. however
able. can avert such calamity. which he may deem
necessary for her safety. II his situation does not
qure so great and fearful step his part, which VIC
trust he may not deem it wise to do then no
diplomacy will be needed to prevent
conflict between this Republic and his Government In
either event. matters TO stand at present. dipo-
macy would he useless for this topic.
GENERAL PRESS DisrArcHl
The nomination Of Caleb Cushing to be ChiefJustice
occasioned much surprise all quarters today and
matter Of astonishment to himself he had made his
arrangements leave this country on JAM "A for
Madrid in the capacity of United States Minister, and
had nmaton of the additional honor to DO conferred
upon him The announced Of the nomination caused
quite In the Senate The news soon reached
the Associated Justices OF the Supreme Court through
of the officers and time was lost in teegaphiDg
it abroad. The members of the House OF Representa-
lives visbly effected by the intelligence, al
though produced considerable excitement IN other
quarters.
The nomination Of Gen. Gushing recalls the fact that
after tho death Of ChiofJustice Chase the Presidents
first choice his Senator Conklidg who
declined the appointment lie then desired to nominate
Gen. Gushing, thinking that toward tho close OF his
administration Gen. Gushing would retro from the bench
by treason OF age when the thus vacated could be
filed by Attorney-General Williams Gen. Cushing's
nomination not being acceptable to- majority OF the
Cabinet the time the President FASTENED his purpose
with regard to Mr. Williams and now after the with
drawa OF the nomination OF Mr.. Williams, has returned
his original position and, after Cabinet consuta-
ton, has nominated Caleb Cushing.
In Of the reports heretofore prevalent as TO the
nomination of Senator Morton for the hief Jusceshp,
it proper say that lie neither consulted ten
dered the appointment.
Gen. Cushings first the rolls OF the Su
preme Court in December, 1861. when no appeared
Attorney General under Mr. Pierce's Administration
VIEWS OF EX-JUDGE FANCHER AND OTHERS.
The nomination of Caleb Cushing for tho
position Of ChiefJustice yesterday afternoon and
evening the first subject of conversation wherever law
yers and interested in public affairs met after the
had reached this city The expression OF surprise
universal and the opinions uttered rs to the quail
fcations OF Mr. Cushing for the position were diverse
Some speakers found scope high eulogy in tho varied
and important occupations OF Mr. Cushings long career
and spoke warmly Of his great attanments: his VAST
experience Of what he had done at Geneva others
who admitted such obvious merits found room for fault
in many Of the efforts and aims of Mr. Cushtngs public
e and argued that his marked talents were OF shifty
sort nothing in what he has done or in the temper
he has shown indicated the qualities which to
make no great Judge and that his age would
great stumbling blOck to lOng-contnued usefulness as
efustice, even they said II there were no other
objection
TRIBUNE reporter last evening called upon ex.Judge
T.. L. Fanchsr his residence, No l4l MadSon-aVe 10
his views about the reception Of the nomination by
tho legal profession and the country at large Judge
Fancher said that Mr. Cushings nomination was wholly
unexpected aud would undoubtedly call out much sur
prise among the legal profession and throughout the
county When he named Minister to Spain the ap-
pontment we'll received he was considered adj
mrably fitted for that post He Is master OF many
tongues is well acquainted with the Spanish language
and literature and with the people Of SPAN with their
customs and win the country Bat that he should be
selected for CnieJustice appears odd aud Is startling
because unlocked for Mr. Cushing Is man or varleu
learning OF very extensive attainmentS ana great
ability. Withal hs IS lawyer aud gentleman Oh the
old school, He is looked upon BY the legal profession as
the of remarkable talents but whether as nav
ing exactly the quality and peculiar elevation OF inind
and the ft disposition be great ChiefJustce there
may be a question. His studies have Deen VIDE ana
various, but IL does not appear mprOOaDe lhat .hey
have not gwen largely might De desired 10
lust those lines research when would best neip 70
prepare him for the office. And he Is now rar al
yanced in years--he 1900 Ii may seem 10
some that IL is late in life for him " attempt 20 MI the
chair OF his DISTINGUISHED predecessors On the whOie
think said Judge that the NOMINATION Will be pretty
well received by the profession and by the county
when the first start surprise has passed The seec-
lion Il far better than that OF Mr.. Wlals. but
Mr. Cushing named for the right place when noinl-
mated as Minister Spain. When asked IT, IN his Judg-
ment there had been circumstances In Mf. Cushng's
served confidence of the country IN his occupation OF
the chair Chief Justice Judge Fanche answered that
Mr. Cushing had been prominently De0ro the people
In politics mauy years Some Things an ms pOliticai
course may point to inference unfaVoraDIo 10 MS
judicial habit OF mind while II Is probably the OPINION
of lawyers generally that Mr.. Cusnings abors III some
other directions absorbed more attention and been
more note worthy than his skill and work as Jurisi