New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-10
PRICE FOUR CENTS.
THE CHIEF JUSTICESHIP
THE NOMINATION OF CALEB CUSHING.


sENAroRs-TuE NOMINATION. NOT ACTED UPON
IN THE EXECUTIVE sEssIoS-FEAR THAT THE
PRESIDENT WILL Get OBSTINATE" ~ Nh.
CUSHING NOT CONFIRMED.
10y TELEGRAPH The TRBUSEI
WASHINGTON. Jan 9-The nomination OF Caleb
Cushing to be ChiefJu Justice of the Supreme Court,
took everybody at the Capitol by SURPRISE IL seems
that the President did not mention his intention 70
make the appointment to any one, except perhaps
to Gen. Butler until during the Cabinet meeting to-
day. very short time before the name sent to
the Senate. Ii has been known for some time that
Mr. Cushing was Gen Grants orr ginal second choice,
Mr. ConkiDg being his first but since his appoint
ment TO the Spanish Mission 1T was supposed that
his selection would be out of the question. Tho
only mixing that the President has gwen lately
that he had Mr.. Gushing in his mind at all wa at
the conference with the Republican members Of tho
Senate Judiciary Committee at the Capitol, on Mon
day last. There he suggested that MIR. Williams and
Mr. Gushing change places, but the proposition vas
not received with sufficient favor To give hun much
encouragement.
When Gen. Babcock appeared at the bar Of tho
Senate, this afternoon, very few Senators were OK
pecting the nomination for ChieJustice to be sent
| in. Mr. Conkling intercepted the doorkeeper ~ he
walked down to the Presidents table, took the
manifold sheet glanced hurTiedly down the pare,
and exclaimed in whisper loud enough to be heard
| in the galleries "Cbef-Justioe.7 Mr.. Thurman
| went to Mr.. Conkng's seat and they
| were in conversation several minutes, after
which Mr. Carpenter left the chair, and the Repub-
| hcans of the Judiciary Committee held a caucus.
| standing in the open space behind the bar the
| Republican side of the chamber. This conference
lasted 10 OF 10 minutes and il was plain to be seen
from the of the Senators that they were not
very much pleased at the Presidents choice. Mr..
| l. II
ner, Mr.. Edmunds looked disappointed, ard Mr..
Conkling frowned All over the chamber Senators
gathered in knots of twOs and threes, apparently
discussing the nomination. Mr.. Boutwell, vent
over to Mr.. Summers seat, and the latter showed
| from his apparent satisfaction with tho
| nomination.
| An attempt was made by Mr.. Lewis to get tho
Senate into Executive session before o'clock, that
gentleman desiring to get action on the nomination
of Mr. Hughes to be District Judge for the Eastern
District of Virginia Ii was defeated. and the de-
bate on the Salary bill continued half bOur
longer, when, motion of Mr. Sargent, an Execu-
tive session was obtained When the doors were
closed the nomination read to the Senate and
referred to the Judiciary Committee, who soon re-
ported it back, with request for immediate action.
An objection having been made ii went over, and
Judge Hughess name was taken up and discussed
for an hour.
The nomination ofMr Gushing is not liked by very
many of the leading Republican Senators. In the
first place. many of them look upon the appointment
as an attempt the part of the President TO punish
them for refusing to confirm Judge Williams, since
he knew that they would prefer some man
of more pronounced Republican principles
than Mr.. Cushing. They also say that bo
is too old, and that though he may with bis
vigorous constitution. survive the present
Administration, he could hardly be expected to
Outlive the next, and il is possible that the next
President may not he in political accord with tho
men who manage the present Administration. Some
ofthe Republicans very angry at the nomination.,
and would work for its defeat did they fear that
the President would get obstinate, and as they term
it, " break up the party"
Most of the Democratic Senators will vote for Mr.
Cushings confirmation, and there is little donbt that
he will be confirmed early next week.
ALMOST UNIVERSAL OPPOSITION To Mr.. CusInNG's
CONFIRMATION AMONG SENATORS AND REPRE-
sENTATIvEs-JUDGE WILLIAMS APPOINTMENT
DECLARED BY ONE MEMBER TO BE PREFERABLE.
Mr.. CUsHNG's POLITICAL RECORD BROUGHT UP
lBY TELEGRAPH rRIBUSE.l
WASHINGTON, Jan. 9.-At Secretary Fish's recep-
ton this evening, nearly all of the Senators and
Representatives were present. and the nomination
Of Mr.. Cushing almost the only theme
firmation was almost universal and
remarkably outspoken. One member of the House
from Massachusetts declared with considerable
warmth that he could get $50 members of the House
to sign a petition to the President to send back
Judge Wiams's name much they were OPP
posed to his confirmation, preferable appoint
ment to that of Mr.. Cushing
Republicans bring up Mr.. Cushings political
record; his almost Secession speech at the
Charleston Convention; his influence with Presi-
dent Pierce in procuring the repeal OF the
Missouri Compromise. and his uniform opposition to
the Republican party. Some of them say that bIs
appointment is equivalent to putting branch OF
the Government, the Judiciary into the hands Of
the Democratic party ....I
It is learned that the report of the Judiciary Com
mittee in Executive session was unanimous, though
no Republican member of it was satisfied with the
nomination except Mr.. COnkling Mr.. Edmunds.
however, insisted on favorable report.
in order to prevent discord in
the party. Senator Sumner desired immediate
action on the nomination but Mr.. Sargent objected
and 30 il went over. The fact that Mr.. Gushing
will receive the support Of the Democrats makes his
confirmation possible as IL otherwise could not be.
Tho National Repsblicoa, in leading article To-
morrow morning believed to be inspired by the Ad-
ministration, will say:
pNow thsto CASTELAR, has been overthrown for his
friendly and Independent course toward Us, would
hardly fitting that the great republic OF the world
should hasten to recognize provisional Government In
the interest Of Q monarchy founded on The ruin
Of the Republic. II would to US, until advised,
that Government should pause before take any
step which shall give any support TO the new govern
ment, and certainly long as IL remaips provis
ionsl only. We forbore much in tho virginus AFFAIR,