New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-12
WASHINGTON.
TUT CgIEF-JUSTlCESHIP.

nvxocRA rs-nR. CUSHING CHhk"hp WI" o
o., optNroNs-sEvRRAL DEMOCRATS oP-
,,svn tn CoNFIRMATIoN-GRN BUTLER "okh
non MR.. cusHSG-TIE PRESIDENT SUR
n.,srn AT THE UNFAvORABLE ASPECT OF Az
vuRs-sENATuR CoNKIINGs CHANCES
,ny TELEGRAPH TO THE rRIBUSE.l
w,strScvoS. Jan 1i-NO late nomination tha'
p...;do,t Grant has made has caused so much stu
..aexetA,,ent in Washington, or has been received
with so much disfavoT as that Of MI Cnshihg 10 I've
Just;ce Nothing else has been talked about
Knots Of men have gathered IN the hotel ioonieS
to-day and in the newspaper offices 10 DISCUSS 'ne
p.os,dort,s cbo,oe and il has been almost ~ rare
70 find a man who has approve" OF az u
WAS a wear ago to find straight hep"o''''"
who dared 20 cIiticiso anything the Fres'de"'
did Senators have also been ontspokeh ~ 'i'o'i
opnosition. After Judge Wilhalns's nomination was
oot >, ,ol,o,s On in Washington very soon began to
feel in the atmosphere that there was opposition 10
b,s continuation and that it existed in intioental
,narters Of the Senate; but the Acknowledgement
trhnds were full Of hope because when they oha'-
lenged an opponent to name Republican Senator
Who had declared hs intention OF voting against
continuation the name was not Forthcoming. ih's
silence was ominous hut II left room for doubt.
The reception of Mr.. CushInge nomination has
been of an entirely different character. Its announce
.ent on Friday afternoon was so unexpected That at
trst il seemed TO stun peop and they did not know
what 10 say. Had a vote been reached IN the sen
ate while The first effect of the appointment lasted
and without debate the result wouh probably nave
been favorable Tor the candidate. The De
underwent of Senators that afternoon may
he strikipcly illustrated by the favorable re-
port Of the Judiciary Committee every RepublI-
IAN member of which il now believed to be opposed
10 Mr. Cushings continuation except perhaps, Mr..
CorAling and even his position Is in doubt. But
alter tbe Senate adjourned and Senators had an OPP
rortunty to converse freely with each other and
WITH Representatives. they began to recover from
the stupor into which they had been thrown, and to
perceive bow nearly they had come to doing what
ney now consider indeteusible.
Ii would be impossible TO repeat ono-tenth Of the
adverse expressions that have fallen from the lips
OF republican Senators and Others prominent III the
Administration party to-day. Many say that MI
CuShmg's continuation would he equivalent to
placing the highest judicial tribunal III the land IN
the hands al tho State Rights Democrats. Others,
admitting Mr. Cushing's eininence as a lawyer,
qualify their eulogy OF him 10y charging that his
opnions have been too long in the market for
tic highest bidder, TO make him t TO preside on the
Supsemo Bench. he has sold legal opinions IN
Washington for the last 20 years, they say TO who
evel would pay him we'll fOr them. Two late in
stances are those ia which lie expounded the law in
Senator Pomeroy's interest before the Special
investigating Committee last Winter and when he
g. - at tk.,
Of District of Columbia sewer bonds, a proposition
u which not half dozen lawyers in Washington,
who value their reputation in their profession,
would agree The other arguments IN regard to his
age etc. have already been referred 10 in dispatches
and editorials, and do not need TO he repeated.
Yesterday it was a COMMON remark that Mr.. Cush-
mgs confirmation depended on the action of the
Democrats and Liberal Republicans; to-day it is
very apparent that were this element in the Senate
10 vote solidly for HIN. he would still lack many
votes of receiving majority But It is not at all
certain that the Democrats viii all support the
President second choice Two OF three have already
announced their opposition and there are probably
some Others vino have net been heard from. Some
Of the beIals dislike the nomination as much as
any Of the Republicans aud they have no induce
neut to vote for the nomination, because the Pres
must not be supposed that there rs effort making
In Mr. Cushing's favor. Gen Butler who is credited
as beng the one at whose suggestion the nomination
was made has been hard at work all day and has
called upon many Senators TO urge them to vote for
Mr.. Cushing's confirmation. Nh Gushing himself
has also called upon several Senators who I'M
derstood to be il the opposition.
The President s reported TO be very much sur
"A he with OH
for ChiefJustlce has been received. The compli-
mentary remarks which be found in nearly all of
the leading newspapers Of the country when he
selected MIR. Gushing to be Minister to Spain led
him TO believe that when Mr.. Wilhams's
name was withdrawn. be could make no
moro popular nomination than this for the
misunderstanding He did not announce his choice
even to his Cabinet until Friday, and though the
nomination was not much discussed then II was
apparent that at least one OF MS constitutional
sdVuers was not impressed with the wisdom of the
course lie mad determined upon He has said TODAY
'na' ne expects Mr.. Cushlnes confirmation hut this
remark does not Indicate III the least the prOba-
piiues III the case, since II is not likely that those
Administration Senators who have been most active
IN The opposition to-day, have Informed the Presi-
dent OF what they have been doing
mere are many theories in regard to the Presi-
eents motive IL choosing Mr.. Gushing One is that
mi Conkhng wants the place if be thinks he can
NOT 90 better 10 the near future OF if his friends in
Ne" iofk WILL consent 10 his accepting it, and the
report tnat bargain has been made between him
Aiio MI, Cushing-that the latter shall resign and
Aio" tue PRESIDENT TO appoint the former when the
proper ''ine shall COMETS believed by some. The
more probable theory is that the President 6,din"
that the Senate and the country demanded the am
Pointment of an able lawyer and knowing so,ns-
thing of Mr.. Cnshins's reputation did not tb;nl -
inquire whether sNv other quali6cat;ooo 49,
necessary but fastened to reward the man 10 whom
has Administration is indebted for almost eyerv.
thing that has been well managed in its :.