The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-02-26

Drawn.
On the following day, Jan. 8, 1874,
Caleb Gushing was nominated 10 the
vacancy, and the same day the nomina-
tion was favorably reported back from
the judiciary committee, despite
the fact chat Mr., Cushing
was within a week of his 74th
birthday. He would have been confirmed
that day had not Morton Of Indiana.
objected to an executive session. This
delay enabled the opposition to Cushing
within the ranks Of the Republican party
to organize. The republicans who OPP
posed Gushing did so because he had pre-
sided over the Charles ton convention aud
had cast his lot with the Breckenridge
wing of the Democratic party in the
campaign of 1869. They recalled the fact
that Gov. John A Andrew, of Massa-
chusetts, had declined to employ Mr..
Cushing in military capacity in 1861,
despite his excellent record in the Mexi-
can war. Ii was also claimed that he
denounced the reconstruction legislation
OF congress as unconstitutional The
contest grew very animated, and
finally caucus of republican
senators was called to consider the mat
ter. Cushing's cause was advocated by
Sumner and others, who vouched for his
loyalty during the war, and for his sym
pathy with the reconstruction legislation
he would have been confirmed But they
didn't. Senator Sargent, of California,
rose and read the following letter:
Washington, March %. 1s61.-Dear Sir:
MI. Archibald Roane, for the last six or seven
years clerk in the Attorney General cffice
desires from me a letter of introduction TO
you, and he desires it, not in the view OF an
may have the honor OF your personal inter
course. OF this take pleasure in assuring
you he Is eminently worthy. A southern man
BY birth, family, and affection, he has care
fully studied and ably discussed, in Mr.. De
Bows Review and other southern works, the
lamentable events which have been grad
ually undermining, and have at last
overthrow the American Union. While a
practical man, he is ripe and accomplished
scholar, with. indeed. predominant literary
tastes and habits. In the discharge OF his
o1icial duties he has continued in a singular
degree the purest integrity and most enlight
eneG intelligence, with modest contentment
In his lot. Having more than once declined
onlces OF more conspicuous employment in
the public service, he now resigns his present
office from sentiments Of devotion
to that community which alone he
can feel to be his country, namely, the con
federat states, from one Of which Texas
he was appointed most heartily commend
him as gentleman, and a man to your conf
dence and esteem, and, am. with the highest
consideration. Your obedient servant,
Hon. Jefferson Davis. President of the
Confederate states
The reading of this letter put an end to
all chance of Cushing's confirmation
Senator Sargent explained that that morn
ing he had received an anonymous note
calling his attention to the existence of
the letter he had read, and telling him
it was among the confederate archives
the government had bought and which
were then in it's possession. He had gone
at once, he said, and examined these
archives, finding the letter he had just
read and of which he had made copy.
He had shown his copy to President
Grant and then had gone to the caucus
loaded for bear. Grant had the
original letter sent to him
decided to withdraw Cushings name
Cushing, learning the turn matters had
taken, sent the President note asking
that his name be withdrawn 1t was q
superfiuous act on his part. His name
was withdrawn on Jan. IA, having been
before the Senate just six days
Previous to his nomination for chief
justice, Gushing had been nominated and
he filled with greA credit to himself and
advantage to his country. In connection
with this appointment an interesting
story is told. The Virginius affair was
still pending. President Grant sent for
Cushing and said to him;
"Mr. Cushing, want you to go as min
lister to SPAIN
DO YOU speak as a military man or
civil official, Mr.. Presidentl In other
words sir, is this an order or a requestl"
This is an order, Mr. Cushing" re-
piled Grant, with smile.
Very WE'LL said Cushing 81 will be
ready to go whenever the Senate confirms
my nomination"
After Cushing's name was withdrawn
that of Morrison E. Waite, of Ohio, was
sent in for chief justice on Jan. 10. 1874,
favorably reported on the Goth, and con-
firmed on the Dist.
Cushing's letter was compared to that
which caused the expulsion from the Sen
ate on Feb. 5, 1862, of Jesse d. Bright, of
Indiana. Mr.. Bright's letter was as fol
lows:
Washington, March l. 1861 My dear Sir;
Allow me TO introduce to your acquaintance
my friend, Thomas b. Lincoln OF Texas He
visits your capital mainly to dispose OF what
he regards great improvement in firearms.
/ commend him to your favorable considera.
ton as a gentleman of the first respectabilfty,
and reliable in every resReSs Very truly
To His Excellency, Jefferson Davis Presl-
dent Of the Confederation Of States.
It is something of a coincidence that
both the gentlemen who brought Bright
and Gushing to grief hailed from Texas
And it is another that Aaron A. Sargent,
who dis 4overed the Gushing letter, was
born in Newburyport, Mass, where Cush-
ing, then man Of "a, lived and practfced
law, and; which, at the time of Sargent's
birth, he represented in the state Senate.
Another Of President Grants nominees
for the supreme court, who failed Of con-
frmation, was +. lockwood Hoar, as he
called himself, or Ebenezer r. Hoar, as he
appears in the records of the Senate.
While he was Attorney General he was,
on Dec. 10, 1869, nominated for associate
Justice, and on Feb. 3. 1870 rejected.
There was no question of his ability, in
tegrity or loyalty. He was defeated be-
cause he had an acrid temper and had
quarreled vigorously with republican
Senators.
So far as can be gathered from the
published records the following is a COM
plete-list of nominations TO the supreme
court which failed of confirmation, ex-
cept those named above and Hornblower
and Peckham
John Rutledge, of South Carolina, APP
pointed chief justiceoby Washington in
1898, during the recess Of congress. He
presided at the August term of the court
that year. In the following December his
name was sent TO the Senate. That body
rejected the nomination. By some ac-
counts. because he opposed the jay
treaty with England, and by others be-
cause his mind had given away.
John J. Crittenden of Kentucky. asSO-