The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13
Jealous and Partisan Opposition to the
Confirmation Of Cushing.
Calumny Reflted in the Facts Of
His Patriotic Career.
Tho Senate Passes q Sweeping Repeal
Of the Back Pay Bill
Prospect Of Large Reductions in De-
partmental Expenditures.
Rejection of the Initiation Propo-
sition by the House.

Rejection of the Imitation Propo-
eition by the House.
WARRINGTON, Jan. ~, 1874.
The Charges Against Gushing Refuted
by the Facts OF HIS Patriotic Career
Hope OF His Ultimate Confirmation as
Chief Justice.
Very considerable opposition has developed
Itself as to the nomination OF Mr. Cushing Chief
Justice. That opposition all takes shape from the
allegation that he is not In accord with the repub-
hcan party upon the great measures Of recon-
stfuSttOn and the constitutional amendments
which authorized them, and the fear IL expressed
that it may not be safe to trust him as the head Of
the Supreme Court with these cardinal principles
of the republican party, or, as republican Sena-
tor expressed it. with the jewel Of the party.
The opposition is fomented largely by candidates
with lingering hopes that they may take
his place. in case Mr.. Cushing is rejected The
animus of those opposing Mr. Gushing may be I'M
derstood upon hearing the remarks of candidate
for the Chief JustIceship from Massachusetts, who
came on the floor OF the House to-day, and said to
Q brother member, "Have you heard the latest
newsR 1t Is said that the President has withdrawn
Cushng's name for Chief Justice and nOmired Jerry
Black" Still it is believed by thinking men here
that when Mr.. Cushing's record islairy put before
the Senate they will find that since the breaking
out Of the war land who of the Senate dare 60
back OF that date y his record has been as good
and nrm on the side OF his country as the most
prominent republicans from the democratic party,
such 40 Logan, Morton and Butler. While Mr..
Gushing has not been as noisy as some Of these,
especially the last named in his profession OF
devotion to the republican party, it appears that
he has been quite patriotic and effective in aid
Ing all the leading measures OF recon.
struction. 1t was asserted In the Senatorial
caucus, In an informal discussion, by republican
Senator to-day, that Mr.. Cushing was the author
Of the original draft OF the text OF the Fourteenth
Amendment to the Constitution. The facts OF Mr..
Cushings record as presented by his friends seem
to be briefly these:-
Mr.. Cushing was member OF the Charleston
Convention and presided over its deliberations,
and also, on its adjournment at Baltimore, he, In
connection with other Northern democrats,
warned his Southern friends that the secession OF
the Southern members Of the convention ana con.
sequent disruption of the party would surely bring
about the sectional strife that followed, from
which war must come, as it did. When majority
Of the Convention at Baltimore insisted on
nlling up the Convention with delegates
from the South without constituencies In place Of
those that seeded at Charleston thus forcing the
nomination OF Judge Douglas Mr.. Cushing, with
Butler and other Northern democrats, seeded
nom that convention and nominated Mr.. Brecken-
ridge. with the expectation that in the event of
republican success, which they deemed certain,
they would be enabled, by alliances with the
Boutherners, to prevent secession, in the
hope that the mistakes OF 1860 might
be corrected in 1854. But the disruption had gone
An ia.
December upon the meeting Of the committee of
the Breckenridge Convention, that South Carolina
had gone out and war was inevitable, the
Breckenridge democrats Of the North, who
had striven all within their power to pre-
serve the Union, almost without excep-
ton enrolled themselves on the side OF
the constitution. Butler went to the war immedi-
ately after the firing on Sumter, and Mr.. Gushing
made q most patriotic speech, which was pub
hshed In the HERALD at the time, in Newburyport,
In which ne rendered his services to his State and
the Union in support Of the government. This
was within 10 days after the surrender Of Fort
Sumter. MI. Cushing then rendered his services
to Governor Andrew, with whom, however, he
had had personal conflict on the moor OF
the House Of Representatives in Massachusetts,,
which Andrew never could forgive. Andrew
repealed Cushing's offer with insult, notwithstand-
LIZ WhACn SooAlne, pCiuS Wui ucAuOCIdt sup
ported every war measure for the support OF the
government, and voted all supplies for carrying on
the war. even when Andrew threatened to with
draw the Massachusetts troops If Lincoln did not
at once emancipate the slaves. In the Trent
efrair Mr.. Cushing took the American view Of the
question, and in a long letter, in response to
letter from Fernando Wood then Mayor OF New
York, asking his views argued the question in the
most mastery manner, the conclusion OF which is
% fonows-"To conclude then in my judgment,
the act OF Captain Wilkes was one which any
and every self-respecting nation must and
would have done by its own sovereign right
and power. regardless of consequences. 1t was an
act which. 1t cannot be doubted, Great Britain
would have done under the same circumstances.
At the same time 1t was on act amply justified by
the principles and doctrines Of international uris-
prudence. We may well regret that occasion
for the act has occurred, and that the
seizure needed to be done from on board
vessel, and still more. a mail packet of
Great Britain, with whom. for all possible
reasons, we desire to continue on the footing of
cordial amity; but Messrs. Mason and Slldell not
having been embarked on board Of the Trent By
the British government that government as such,
has not been offended by the seizure. The Trent,
her ofncers acting on their own responsibility,
could have no immunity from the ordi-
nary laws Of war, which anect the YES
sells Of o great power equally as Of
small one, and Great Britain cannot fall
think, to perceive that, no offence was intended
to her in the matter, and as the rights Of bel
ligerency were exercised by Captain wilkes IN the
most moderate form, without seizure Of mails,
without bringing In as prize, without
injury to private property, her national
pride and her national honor conspire to
dictate the most amicable construction OF
this inevitable event. Mr.. Cushing's course
was so grateful to President Lincoln that in De-
cember, 1861, he rendered to him the appointment
Of Brigader General, intending to detail him with
Buffers expedition to New Orleans, IN order that
ne might have advantage Of his legal learning in
setting questions OF international law, in the
event OF the capture Of that section OF
the Contederacy. which might grow out OF
the movement. Napoleon was then making war
against Mexico. Governor Andrew on learning Of