Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1874-01-15
Chr FREEMAN.
MONTPELIER, VT,
THURSDAY, JANUARY 10, 1874.
The New Nomination.

Chief-Justice. 1t seems to be the effort of
the chief magistrate of this nation not eX-
actlv to evolve from his own consciousness
a Chief-Justice, properly rObcd in Judicial
gown and adorned with legal lore, but to
do the next thing to that, to work out IN
his own mind the problem of who is fit
and satisfactory man for the place. So far.
it is not too much to say that the executive
mind has not seemed to be equal to the
task about which it has set itself.
We are sorry General Gushing is not on
shis way to Spain, where he would have
both benefited and honored his country.
At the same time we are by no means Ger
tain that he would not us Chief-Justice do
that very thing, and 90 down in history as
the peer of Marshall himself. - It is the
very uncertainty about what the man will
do that makes the question Of his confirms
ton very difficult one. His abilities are
such that they ought to add luster to the
court should he be placed at its head. His
opinions. the last the country at large
of the former Chief-Justice fancy. And
even if they have changed. and are no
longer those of re-actioniSt, many who
knew his history claim that there is no
certainty how long before his present no.
tons will give place to opposite ones.
The Supreme Court of the United States
is not a political body, and ought not to be,
but it has to decide questions relating to
the very foundation Of all or law,-the
constitution.-as well rs those relating to
our statutes The method of constituting
this court is lawfully established under the
constitution, and it would be the height of
folly, where a principle vitality affecting
the whole country, and believed in by Il
majority of the people, had been acted ON,
and the friends of that principle were in
power. to place in the judiciary depart
ment one who would take the first OppOr-
tunity to overthrow everything built upon
the principle so adopted and believed
in and to establish new foundations ON
which should be built Il new policy and
new laws. The theory of this government
is rule by the people under the limita-
tons of their original compact and by
that compact the supreme court is made
the ultimate arbiter Of disputed questions
We SEE nothing wrong in the determine
ton of Il great party which has trinmphcd
before the people to so act, when in the or
binary course OF government the oppOrtu-
nifty comes to its hands, that this nominal
court of last resort shall be seen to be in
accord with the real court Of last resort,
the people.
The Constitutional Amendments that
have been adopted, and the Reconstruction
Acts under which the Southern States have
returned to the Union, embody principles
that triumphed by the war, and protect
the results of that war.
The party which to-day controls the
government believes in the constitutions
ality of these amendments and the acts
based upon them. The Supreme Court at
some time must pass upon these questions,
and deliberate placing of an opponent
where he might overturn to Il great extent
the work Of the war, would be utterly in
dcfensibe on the part of those who believe
these things have been rightly settled
Whether Mr.. Cushing would do this we
do not know. Those who are to act upon
his nomination should know before they
vote to confirm it.
Nor should he be confirmed, even if he
is right now, if his character is such rs to
give no security that he will remain of his
present opinion. Mr.. Cushing's history
has been that of timc-server. He found
his way into the old wing party out of
some of the temporary organizations
which preceded it. He RATED to the
Democracy with Tyler, and made nothing
of repudiating the principles which he had
formerly upheld. He was a democrat of
the most approved kind for twenty wears.
The bred Scott decision was to him a
sweet morsel, and he WAS honored by the
presidency of the Charleston convention
in 1860. He was no Douglas democrat
but one of the Breckenridge stripe
In 1861 he wanted to 90 into the army
rs n general, but Governor Andrews want
of faith in him prevented Afterwards he
went to Washington, where he has since
remained as legal adviser of the govern
ment. Such, in brief, is Mr.. Crsling's
political history. Many who know him
say that lie is utterly without fixed princi-
pie. and that the motive power for every
opinion, or change of opinion. is the ad-
vancement of Caleb Cushing's interests
While he has always impressed men with
his great ability, he has certainly not won
a reputation as reliable man. who could
be depended on to have notion of right
in opposition to what was expedient.
Whether he is the sort of man that he
has the name of being, we cannot say. If
he Is, 1t would be Il misfortune that he
should be made Chief-Justicc. His re-
ported lobbying for the position certainly
goes to show that his ways are even vet
what they were in his early political his
tory, when he used to write ANONYMOUS
letters to the press, eulogistic of himself,
and advocating his own election to Con
gress.
Altogether it looks as though it was a
nomination which is dangerous one. and
the main argument in its favor is, that ii
may be much better than the President
next choice. Still, it is to be hoped that
the Presidents stock of blunders is pretty
we'll exhausted. He outraged the sense OF
the nation by his course as to the salary
bill. He threw into opposition a large
part of the party, by his nomination o.
Mr.. Williams, though it is true that large
number of republicans, notably the stric