Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-01-15

letter OF CuS0lDg 10 DAVIS, Is III lu6 pOc-
session OF the war department. Senator
Sargent has copy OF it, which he pro-
cured yesterday, by virtue of his sena-
torial privileges, and which was exhib-
tied by him to the caucus. Efforts to
! obtain copy for publication,
have thus far proved unsuccessful,
as the paper IS considered in the light of
confidential matter.
Nothing has as yet been made
public in reference to the noml-
nee for chief-justice. 1t Is sup
posed in official quarters that MI.
Cushing will soon leave for Madrid.
The letter OF Mr.. Cushing, read to-day,
was written March 81, 1861, strongly
recommending Archibald Roans to Mr..
Davis's favorable consideration. Mr.
Roans having strong southern sympa-
thies, and being an able scholar, was q
contributor TO DeB010's ReUteaO, ana
while briefly alluding to the suD)ects
which then divided the north and south'
Mr.. Cushing spoke of them as the cause
of final separation of the Unioni re-
garding this as an accomplished fact.
Mr.. cUsHINs's LETTER.
WASHINGTON, January 14.-The fol-
lowing is the letter of Caleb Cushing to
! the President:
SIR-Animated by a sense OF pro-
found gratitude for the honor you have
done me in nominating me for the high
office of chief-justice of the supreme
court of the United States, and perceiv-
ing that the continuance of my name
before the senate may be the cause or
occasion of iDconveniencing yourself or
your political friends. therefore re-
spectfulIy request you to withdraw
my name; and permit me TO add
that the charges OF dlsloy"
alty to the Union and constitution
which have been brought against me In
this connection are utterly destitute OF
truth or fact. / Indignantly repel the
imputation. In all the time anterior to
the commencement of hostilities in the
southern States, every act of my politi-
cal life in relation to parties, was gov
erned by the single purpose Of aiming to
preserve the threatened integrity of the
Union, and to avert from nay country the
calamity of its disruption, and conse-
quent fratricidsl carnage. How could
such purpose sbe promoted otherwise
than by political association or personal
intercourse with the citizens of the
different States, including States
professedly disaffected to the Union.
Should the only possible means Oflabor-
ing to prevent civil war be stigmatized
as disloyalty TO the constitution? I'M
mediately on the occurance of the first
act OF hostility to the Union, which was
being struck in the State of South Caro-.
lima, took my stand with the Union and
its government. l publicly announced
my adhesion to them in most unequivo'
cal terms, / rendered my services to the
government in the field or in any other
way which might testify my fidelity tc
it, and l have continued from that day
to this, as well in official as in unofficial
action, to tread in the path OF unswerV-
/ ing devotion to the Union whether
during ,actual progress of hostlli-
| ties against or on subsequent
events in its reconstruction and sue
cessive amendments of the constitu-
| ton rendered necessary by the changed
conditions and relations of the several
States OF the United States and of then
respective inhabitants. The recent
amendments of the constitution, each
and all of them, as they were in turn
adopted, and the legislative acts foI
| their enforcement and for accomplish
ing reconstruction, had my cooperation
| anu dunSSlOI, anu hdu SuppOlOCo
them constantly, if not IN political
debate for which my comparatively re-
served habits of life afforded neither Oc-
casion nor opportunity, yet in my le-
gal opinion, in the courts or in council
or in discussions with officers of the gov
ernment, members of congress, and pri'
vate persons. ] entertain the same gen
eral respect for these amendments a'
for other provisions of the constitution
and also rendering the special observance
due to them as just and necessary
| incidents of the reconstruction of the
| Union while my nomination was un'
dergoing consideration in the senate
1t would have been unbecoming in me
to speak in explanation of my acts, o.
my opinions, but now with a relative
| indifference to whatever else may
have been said, either honestly
or. maliciously to my prejudice, il
belongs TO my sense of public duty, anC
it is my right to reaffirm and declare
| that have never, in the long course o
my not inactive life, done an uct, ut
tered a word or conceived thought o
disloyalty to the constitution and the
Union. l have the honor to be, very
respectfully, c. CUSHING:
! The President in his message to tn
senate, transmitting the above letter
saws that the nomination of Mr.. Cush
ing was made without the latter's
knowledge.