The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-13

timacy with Mr.. Gushing interfering with close
and critical scrutiny OF his capacity for the oico
from genuine republican standpoint he said
he did not allow his friendship his preferences
to interfere with question Of principle, and his
action in this case was from the dictates Of prn-
clple, In addition TO which he always stood by q
friend, and especially when he needed one.
An outside lear OF the availability ana
the propriety of confirming Gushing arose. he
said, from a fear that, owing to Mr. Cushing's age
II he should break down, which was nothing un-
usual in one OF advanced years, the next admni-
stration might be democratic, and in the event OF
vacancy by death or retirement, q democrat
might replace him Chief Justice. But this he re-
garded a. an uncontr0lling influence now
in the selection Of Mr.. Cushing. inasmuch
as, with the drst fact established, the contingency
might occur with any one appointed, and could
not be avoided. He thought Mr. Cushing, being o
man OF such vigOr and healthful constitution
would last q long time. TN the whole Mr.. Sumner
looked easy, hopeful and good natured while
contemplating the impending event, and, is very
anxious he is almost confident, that Mr.. Cushing
In due course Of time will be confirmed by strong
vote.
The question OF the dissolution of the republican
party or the severance of 1t from Grant, and he
from 1t. he does not regard with sufficient
One thing may be counted on that unless some
thing unforeseen and unexpected should be de-
veloped in the investigation Of Cushings record,
Of which no fears entertained, he will stand by
Gushing to the last
The extraordinary importance attached to the
once OF Chief Justice 30 plainly developed in the
opposition to Mr.. Cushing's confirmation, re-
calls the fact that in the act providing
for a., Supreme Court it was never in
tended that the Chief Justice should be, in
the decision of any superior to either OF the
other Justices. The extraordinary ascendancy Of
the earlier Chief Justices, including Chief
Justice Marshall and Chief Justice fancy,
was due to the circumstance, especially
in the case Of Chief Justice Marshall that the
Chief Justice, having the assignment of the cases
requiring decision assigned to himself the decision
Of nearly all the cases before the Supreme Court,
until in the popular mind the Supreme Court
was supposed to be Chief Justice Mar
shall. With the last few years the
number of cases before the Supreme Court being so
great, and owing to the modesty OF Chief Justice
Chase, there has been very large number Of
cases in which the opinion Of the Court has
been given by the Associate Justices BY way Of
explanation it may be stated that when case
has been finally heard before the Supreme Court
ana the Justices announce in the consultation
the majority, the Chief Justice merely selects
the Justice to give the opinion Of the majority
OF the Court, which Mr.. Chase was called upon to
do In several important cases in which he found
himself in the minority. This explanation being
kept in view, the shallowness OF the political
opposition to Mr.. Cushing will be ap-
parent when it Is stated that, Of the
member OF the Supreme Court as at present con-
stituted, six are republicans VIZ. :-Messrs Davis,
Bradley, Strong, Hunt, Swayne and Miller, and but
two are democrats, Messrs. Clifford and
Field. Even though the charge should be
true that Mr.. Gushing is an unreconstructed demo-
crat the public will recognize that his power for
mischief on the bench would be very feeble indeed,
and it Is proper to add, in this connection,
that the republican members OF the Supreme
Court are indignant that the impression should
have got abroad that in the event Of Mr.. Cushing's
confirmation his vote and his personal opinion in
any case would outweigh the judgment Of the re-
publican members Of the court.
Omtn0us Opposition in tho Senate to tho
Confirmation OF Cushing Chief JUS
tfce.
General Bdtler was diligently engaged during
good part OF the day canvassing the Senate in
favor of Mr.. Cushings continuation. Conspicuous
among those who received his attention were
Morton, Brownlow, Rowe, Morrill,, Of Maine, and
spond to the appeals made to him. but looked
darkly out from his heavy brows and dssented
from the arguments Of the statesman of Essex,
who, childlike and bland. browsed around uncon-
soled. All day long Senators hOb.nobbed in groups
Of twos and threes. During the debate on the sub
ject OF Cushing's confirmation and In bringing
it at once to a vote the presiding officer had fire.
quently to suspend all business and bring Sena-
tors to their seats and customary at
tention to the matter in hand. Finally,
pending a motion OF Senator Sherman
10 get the Senate to take up the special order,
Edmunds moved an executive session to bring the
long agony over the Chief Justiceship to an end,
when, by very decided vote in the affirmative on
Sargent's motion to adjourn, the Senate mani
tested its positive unwilhngness to take up the
sideration Of the case Of Caleb Cushing. 1t will be
tried again tomorrow and q hot conflict is ex.
pected with what results no one pretends to
know.
Massachusetts Senators Endorsing Cush.
ing's Nomination.
Mr.. Cushing has Of late years hailed from vr.
ginia, but when he found q hubbub raised over
his nomination as Chief Justice he fell back upon
the Massachusetts Senators for support. 1t was
amusing to see the Washington Chronicle, which
only lives by the droppings from the tables Of adj
vertisng Clerks paid by order OF the administra.
ton, pitching into Sumner, hammer and tOngs,
for sustaining an administration nominations but
Sumner was not easily scared. His defence Of
Cushings position as to the reconstruction acts OF
Congress and his endorsement Of him-although
friend OF Judge Hoar-had great effect Neither
was Boutwell, inactive in advocating the claims,
the political soundness and the loyalty OF Caleb
Cushing, "Of Virginia."
The senate Passes . Sweeping substi-
tute Repeating the Increase OF SAL
aries.
Another long, weary day, marked with the de.
alterations OF the senate on the Salary bill, not
outstanding the caucus held this morning had for
its object to decide upon some way Of reaching
an early conclusion. After several petitions per-
tainingto the Bankrupt law and liquor traffc were
presented joint resolution from the Legislature OF
Louisiana was placed before the Senate asking for
the admission and qualification OF Pinchback who
was ON the floor OF the Senate with Sumner dur