The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-01-12
How Cushing's Nomination Is Re.
celVed,

SpANCus
. Generally speaking the Republican
0 papers of Saturday speak more or less ap
provingly Of the nomination for Chic
! Justice sent to the Senate on Friday
. But we mistrust that they are not partl,
cularly delighted at the idea of a Demo
crat occupying the position. The New
York Times, considered the Administra,
tlon organ in New York city, Is down oI
1t, and expresses itself thus;
AS supporter Of the Dred Scott de.
cislon. as an advocate Of the slave power
as . Wing who became a Democrat, as d
politician whose place was never fixed
from one week TO another, as q gentleman
who strongly objected to hear the patri.
Otto tunes OF tho North during the war,
as partisan Of the cause which the
Northern people detested-in all these
capacities Mr. Gushing has distinguished
himself. 1t can scarcely be his achieve.
ments IN these directions which have
moved the President to select him as
Chtet Justice. When we geta Chief Jus.
tlce OF secesslonist proclivitles In the gu.
preme Court, It may fare badly with Gen.
Sherman-perhapS even with Gen. Grant
himself The entire proceedings OF Con-
gresS since the war may be called in dues.
tlon. 1t Is said that Mr.. Cushing will be
acceptable 10 the Bar. We do not sup
pose the Democrats will oppose him.
There is no reason why they should do
so. But for our own part, we are unable
to explain or justify Mr.. Cushing's nomi.
nation, and therefore we shall not attempt
to do either, We can only regard the
present game OF blindman's- 10 refer.
ence TO the Chief Justiceship with sur
prise and modification.
The Tribune is also down on 1t, and
closes an article upon 1t thus:
When Mr.. Cushing was nominated as
Minister TO Spain, the country was agree
ably surprised, as it always Is when Gen.
Grant places in an important position a
man OF good abilities and reasonable rep.
utation. The appointment was not free
from objections, but on the whole 1t was
good one, and we thanked the President
for it. But Il was a mistake.to conclude
that because Mr.. Gushing would make a
good Envoy he was therefore the man
Tor Chief Justice. Gen. Grant would not
say that because man was q fair Com
missary he would therefore make a good
General. Mr.. Cushing Is not our greatest
lawyer. lie has not first rate reputs.
ton as man OF fixed and conscientious
convictions. He does not possess in the
country the high prestige and public con.
1dence which should never be absent
from exalted judicial station. He has al. |
ways been untriendly to those great fun.
damentsl principles upon which the ma
tional integrity was preserved through |
four years Of war, and he has never |
given his adhesion to those constitutional |
guarantees by which the results OF the
war were secured. He Is therefore not
the man whom the President should ap.
point and the Senate confirm as Chief
Justice Of the United States.
The New York World (Dem J, for
wonder, does not think Gen. GRANTS
choice happy one. 1t objects to him,
for one thing, on account of his age, and
says that
Chief Justice Jay was appointed at the
age Of torty.three; Chief Justice Marshall
at the age of fortyslx; Chief Justice
fancy at tlfty.nine, and Chief Justice
Chase at fifty.six. The average age of
these judges at the time Of their appoint.
ment was fiIty.one years; an advantage OF
twenty. three years In the race of life over
Mr.. Gushing.
Another drawback to this appointment
is MIR. Cushings impulsive and rather i'm.
petuous temper. He lost his self.com.
mand at Charleston as presiding officer of
the Democratic National Convention in
1860, and INDUCED IN objurgations for
which he afterwards thought It necessary
to apologize; and exhibited symptoms Of
loneliness as presiding officer at Balu.
more. The "Wonted fires" still live in his
composition. He got nettled with Chief
Justice Cockburn at the Geneva court OF
arbitration, and the scathing book which
le published against him last year was
very extraordinary specimen of unre.
ltrsined invective. On the bench OF the
supreme Court his equanimity Is not
likely to be tried; but firm nerves and
'ool temper were never his strong points.