The times., 1901-05-19
CALEB CUSHING S AMBITION
A Place on the Supreme Court
Bench the Dream Of His Life.

The story Of His Nomination ns
Chief Justice in 1874 and the
Failure OF the Senate 10 Confirm
1t Told by His Private Secretary.
The failure of the Senate in 1874 to con-
firm the nomination of Caleb Gushing as
Chief Justice of the United States Su-
preme Court. has never been understood
by those who know how eminently quail
fed for the high position he was l. 7.
Cowie, of this city. who was for years
General Cushing's private secretary, is
perhaps more familiar with the circum-
stances surrounding the case than any
one who knew the distinguished lawyer
and statesman. As related by Mr. Cowie
the story is an interesting one
The people Of the United States with
ont regard 10 politics. said Mr.. Cowie
few days ago, were never so much sur
prised as when, on January IA, 1874, the
nomination of Caleb Cushing for the po-
sition Of Chief Justice Of the Supreme
Court was withdrawn by President
Grant The nomination had been sent to
the Senate on January 8. On January
he had been nominated Minister TO Spain.
and was confirmed on the same day with
out a dissenting vote The next day the
newspapers OF the country all applauded
the President for so wise an appoint
rnent.-- The Virginius affeir at that time
threatened to cause war between this
country ard Spain, and the services OF a
shresvd international lawyer and diplo-
mat, and one who was familiar with the
Spanish language. was needed IN this
extremity the President seemed TO know
the man for the hour and Immediately
selected Caleb Gushing for The place.
But there was still higher and more
important position TO be filled b. the
President. that of Chief Justice Of the
Supreme Court The nomination Of Hon
George H williams. of Oregon (then At
toruey GeneraD, which was sent TO the
Senate on December 2 1873, had been held
up by the judiciary Committee on ac-
count of the charge that he had purchased
Iandaus for his own private use at the
expense Of the Government President
Grant withdrew Mr.. Williams name on
January s, 1894, and the following day
nominated Caleb Gushing. of Virginia,
Chief Justice. That he was justified in
making this nomination and to show that
his desire and aim were to secure the
man best qualified to fiji that high posi-
zion. can easily be proven by brief rec
ord Of General CushIng's public life.
Born January II, 1900. in Salisbury,
Mass. he graduated at Harvard College
At the early age Of seventeen. From 1925
10 1888 he WAS continuously elected TO the
State Legislature: from 1884 to 1913 ne was
sent 10 the United States House OF Repre-
sentatives as member from that district
He was then appointed as our first Com
missioner to China. and negotiated the
treaty which gave US the first open port in
that country In ls4T, at the outbreak or
the war between the United States and
Mexico. he raised and equipped regiment
fn Massachusetts, at his own expense, be
came its colonel. and was subsequently
made Brigadier General for gallant ser
vices on the field Of battle. IN 1883 he was
nominated by President Pierce as Attor-
ney General, and served until 1891, the fuii
four years. His service IN the army and
as Attorney General caused him 10 be
called General Gushing from 1853 until
his death
In 1872 ne was appointed by the Pres
ident one OF the counsel to represent the
United States before the international Tri-
bunal IN Geneva. Switzerland, for the prose-
cuuon OF what were then known as the
Alabama Claims against Great Britain.
He, together with William NJ EVarts Of
New York, and Morrison r. Waite, Of
Ohio, succeeded in obtaining one Of the
largest awards ever given over sl3 900 600
Great Britain
Under the circumstances the President
had night TO expect prompt and unan-
tTnous confirmation OF Mr. CushIng's nom
tnation as Chief Justice He was sus-
tained In this regard by a favorable re-
port OF the judiciary Committee of which
hon George H. Edmunds of Vermont
was chairman. made in the afternoon of
the day upon which the nomination was
received By the Senate
THE height OF General Cushing's am
eition-the goal for which he had studied
and lab0red for scores of years-was
within his reach; the cup had been offered
70 HIN, and yet was TO be dashed from
bis lips by the action of one who had