The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-01-15

WASHINGTON.
The Cushing Afair-The Presidents
Action

WASHINGTON, Jan. 14.-Yesterday afternoon
before the Republican Senators resumed their
caucus session, Senator Sargent called upon the
President and mentioned TO him the fact that
he had read an anonymous rote IN which it
was stated that on the 21st of March, 1861,
Caleb Gushing wrote a letter to Jefferson
Davis strongly recommending Archibald
Roane, clerk in the Attorney Generals Of
flee to Davis's favorable consideration, Roane
having strong southern sympathies and being
an able scholar, was contributor to De Bows
Review and while briefly abiding to the SUBJ
ject which then divided the North and South,
Mr.. Gushing spoke OF them as the cause of
final separation of the Union, regarding this as
an accomplished fact. The President short
time thereafter applied to the Secretary of
War for the original of this letter vhich was
produced, it being found among the captured
rebel archives The President on reading the
letter at once concluded to withdraw the nomi.
nation and caused communication to be
written to the Senate for this purpose. The
President before he nominated Mr.. Cushing
knew that this gentleman had taken States
rights views of the questions which agitated
the country just previous to the breaking out of
the late civil war, but when Fort Sumpter was
fired upon, Gushing made patriotic speech
and offered his services in military capacity
to assist in putting down the rebellion. Other
gentlemen had, like Gushing, declared their
opinion that the government had no right to
coerce State, yet when hOstilities resulted,
they were actively found on the side of the
Union, but now that this letter to jeff Davis
had come to sight, stating so broadly disunion
views, the President, notwithstanding his high
appreciation of Cushing's legal attainments,
resolved to withdraw his name, apprehenslve
that his opinions expressed in the letter might
injurously affect the opinions of the Supreme
Court in the event of his confirmation as Chief
Justice.
The President called an extra Cabinet meet
ing to-day which continued nearly two hours,
during which time the subject of the Chief
Justiceship was considered.
AS the result of the meeting the following
communications were sent to the Senate by the
President, which have been made public.
To the Senate of the United States Since
the nomination of Caleb Gushing for the Chief
just ce of the Supreme Court of the United
States, information has reached me which in
duces me to withdraw him from the nominal
ton, as the highest official officer of the govern.
ment and l do, therefore, hereby Withdraw
said nomination. (Signed.)
Executive Mansion, Jan, 49, 1874
To the Senate of the U. S.:-Atter signing
the above withdrawal, | have received from
to say, was made without his knowledge, a
letter requesting the withdrawal of his name
copy of which is herewith attached.
(Signed,) U. S. GRANT
The letter of Gushing asks the withdrawal of
his name, as it might be the cause of inconven-
fence to the President or his political friends in
the Senate. He says the charges of disloyalty
against him are utterly unfounded. He says
prior to the war, all of his acts were for the
preservation Of the threatened integrity of the
Union; and Immediately after the firing on
Sumter, he. took stand for the Union and it's
government, offering his services in any capaci-
ty to prove his fidelity. In his long life, he
says, never by act, word or thought, has he
been disloyal to the Constitution or Union.
Letter of Mr. Cushing TO the President.
The following is a copy of Gen. Cushing's
letter of withdrawal;
10 the Observation-Disclosures by a sense
of profound gratitude for the honors done
me in nominating me to the high office of Chief
Justice of the Supreme Court of the u. s., and
perceiving that the continuance of my name be-
fore the Senate may be the cause or occasion of
inconvenience to yourself or your political
friends there, respectfully request you to
withdraw the nomination.
Permit me to add that the charges of disloy-
atty to the Union and the Constitution which
have been brought against me in this connec-
ton, are utterly destitute of foundation, in
truth or in at. L Indignantly repel the impu-
taton In all the time anterior to the COM
mencement of bostilities in the Southern States
every act of my political life, in whatever rela-
tion to parties,was governed by the single domi-
nant purpose of aiming to preserve the threat
ened integrity of the Union, and to avert from
my country the calamity of its description, and
of consequent patricidal carnage How could
SUCH puTpOSc De pISNculcu OlueTWlS6 tN3u Dy
political association or personal intercourse
with citizens of different States, including those
of States professedly disaffected to the Union?
Shonld the only possible means of laboring to
prevent civil war, be stigmatized as disloyalty
to the Constitution? But Immediately on the
occurrence of the first act of hostility to the
Union being struck in the State of South Caro-
lima, took my stand with the Union and its
government. l publicly announced my adhe-
sion to them in the most unequivocal terms. 1
field, or in any other way which might testify
my fidelity to it, and L have continued from
that day to this as well in official and unoffi-'
cial action, to tread in the path of answering
devotion to the Uuion, whether during the &C
tual progress of hostities against it, or in the
subsequent events of its reconstruction, and of
the successive amendments of the Constitu-
ton rendered necessary by the chaOged condi-
tons and relations of the several States of the
U. S. and of their respective inhabitants.
The recent amendments of the constitution,
each and all of them as they were in turn adopt
ed and the legislative acts for their enforcement
and for accomplishing the reconstruction, had
my cooperation and adhesion, and l have sup
ported them constantly, if not in political de-
habits of life afforded neither occasion nor op-
portunity, yet in legal opinion or in the courts
and in counsel or discussion with officers of the
government, members of Congress and private
persons. l entertain the same general respect
lOr THESE dIIlSuuIueuJS as IOT lo 0OGneF prOVl-
sions CT The Constitution and also rendering the
special observance due to them as the Just and
necessary incidents of the reconstruction of til g
Union.
While my nomination was undergoing con-
sideraton in the Senate, it would have been
unbecoming for me to speak in explanation of
my acts or opinions, but now with relative in
difference to whatever else may have been said,
either honestly or maliciousy, to my prejudice,
it belongs to my sense of public duty, and it is
my right to reafirm and declare that 1 have
never, in the long course of not inactive life,
done an act, uttered word or coDceived a
thought of disloyalty to the Constitution of the
| Union.
have the honor to be very respectfully,
Z. CUSHING.
Washington, JAM IA, 1874.
Cushing's Letter TO Jeff Davis.
Numerous AMI conflicting versions have been
| given OF the contents of Caleb Cushine's letter
to jeff Davis, but the following is copy of the
Originate
: Washington, March 90 1S61.-Dear Sir: Mr..