Evening journal., 1913-11-01
NEW NEWS OF YESTERDAY
Caleb Cushing and the
Chief JuStlCeShip
By Holland.

BY Holland.
] have already narrated the anecdotes
told to me in 1894 by Colonel John P.
Wait, which related to the appointment
by President Grant OF Morrison r.
Waite, of Ohio, as chief justice Of the
United States Supreme Court in the
winter Of 1874 Colonel Wait. who was
cousin Of Chief Justice Waite, al
though he spelled his name without the
final g, was for several terms a member
OF the lower house Of congress. repre-
senting one of the Connecticut districts.
He was especially interested in the his
tory of the various nominations made
by President Grant for chief Justice
of the Supreme Court, two of which
failed and one of which went no fur
ther than formal offer of the Office
because the tender of the Office was de-
clined.
81 made it a special point as soon
as | took my seat in the lower house
Of congress" said Colonel Wait TO me,
"to learn all 4 could about the attempts
made by President Grant to make a sue
cessful nomination for chief justice Of
the Supreme Court as the successor OF
Chief Justice Salmon =. Chase.
81 have already told you that Presi-
dent Grant did offer the chief Justice
ship in a formal letter to Senator Ros-
coe Conkling, and that Conkling thought
that his place was in the Senate
have told You. too, that Conklings dec
lination Of this very high Office was
the only declination Of that post which
was ever made.
president Grant nominated first OF
all Caleb Cushing He made that nom
ination after he had received Senator
Conklings declination of the offer
"Csleh Cushing's career and person
ality had aleady had a singular lascin-
alton for me. / knew him as won
derful scholar and master OF many
languages and / followed his career in
in the Mexican war; and his service as
attorney general Of the United States
in the cabinet of President Pierce had
never failed 10 interest me. / regarded
his achievement in securing treaties with
China as a wonderful one.
81 remember | thought when ] first
heard that President Grant had nomin-
ated Caleb Cushing for chief justice
that il was an admirable nomination /
was surprised when day or two later
the dispatches from Washington had
Withdrawn the nomination. / asked my
friend. Henry II. Starkweather, who was
at that time a member OF congress
from my home district why the nomin-
alton had been so suddenly withdrawn.
Mr. Starllweather told me that docu-
ments had been laid before the Presi-
dent which tended to show that Caleb
Cushing was in sympathy with the
Southern statesmen who were attempt
ing to establish new nation.
"But. after i became member OF
Congress I learned that this statement
was not exactly correct. What really
did happen was that after Jefferson
Davis became president of the Southern
conlederacy Cushing wrote him letter
in which he recommended somebody for
a minor appointment. The letter was
preserved and was brought out from
some hiding place as soon as Grant nom-
| mated Gushing for chief Justice.
"The fact was that there bad been
very strong personal friendship es-
tablished between Mr.. Davis and Caleb
Cushing at time both were members
of President Pierce's cabinet There was
nothing in the letter TO indicate that
Cushing was in sympathy with the at
tempts to establish the Southern con-
federacy
Il was also told that no one sooner
recognized the necessity of Withdrawing
his nomination for Supreme Court JUS
tice after that letter was produced than
Cushing himself, although he had for
gotten all about it. The incident never
impaired the friendship established be-
tween President Grant and Caleb ClIsh-
ing. Only few months later the Pres
ident nominated him for minister to
Spain. President Grant was immense
ly impressed with the services rendered
bv Mr.. Cushing when he was one of the
counsel representing the United States
before the Alabama claims tribunal at
Geneva
"There was, however, one mystery re-
specting the nomination for chief JUS
tice, which l was never able to solve.
President Grant sent TO the Senate the
nomination of George II. Williams, of
Oregon. after he had withdrawn General
Cushing's name. Williams had been a
United States senator and a very innu-
entail man. Grant was very fond Of
him. He was member of Grants cab
| met as attorney general, but the senate
| decidedly and impressively, for reasons
which l have never been able to dis.
cover objected to the nomination. That
was all the more surprising in view OF
the fact that Williams had been so long
member Of the Senate
1T was for the good fortune Of the
country, however, for It made possible
the nomination of Morrison r. Waite
whose rank as chief justice became
very high"