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Caleb Cushing (January 17, 1800 – January 2, 1879) was an American Democratic politician and diplomat who served as a Member of the U.S. House of Representatives from
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
and the 23rd
United States Attorney General The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the Federal government of the United States, federal government. The attorney general acts as the princi ...
under President
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. A northern Democratic Party (United States), Democrat who believed that the Abolitionism in the United States, abolitio ...
. From 1874 until 1877, he was the United States Minister to Spain. Cushing was an eager proponent of territorial and commercial expansion, especially regarding the acquisition of
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
,
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
and
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. He believed that enlarging the American sphere would fulfill "the great destiny reserved for this exemplar American Republic." Cushing secured the first American treaty with China, the Treaty of Wangxia of 1844; it gave American merchants trading rights in five Chinese ports. After the Civil War, Cushing negotiated a treaty with Colombia to give the United States a right-of-way for a trans-oceanic Canal. He helped obtain a favorable settlement of the ''Alabama'' Claims, and as the ambassador to Spain in 1870s defused the troublesome ''Virginius'' Affair.


Biography


Early life

Cushing was born in Salisbury, Massachusetts, on January 17, 1800; he was the son of John Newmarch Cushing, a wealthy
shipbuilder Shipbuilding is the construction of ships and other Watercraft, floating vessels. In modern times, it normally takes place in a specialized facility known as a shipyard. Shipbuilders, also called shipwrights, follow a specialized occupation th ...
and merchant, and Lydia Dow, a delicate and sensitive woman from
Seabrook, New Hampshire Seabrook is a town in Rockingham County, New Hampshire, United States. The population was 8,401 at the 2020 census. Located at the southern end of the coast of New Hampshire, on the border with Massachusetts, Seabrook is noted as the location of ...
, who died when he was ten. The family moved across the
Merrimack River The Merrimack River (or Merrimac River, an occasional earlier spelling) is a river in the northeastern United States. It rises at the confluence of the Pemigewasset and Winnipesaukee rivers in Franklin, New Hampshire, flows southward into M ...
to the prosperous shipping town of
Newburyport, Massachusetts Newburyport is a coastal city in Essex County, Massachusetts, United States, northeast of Boston. The population was 18,289 at the 2020 United States census, 2020 census. A historic seaport with a vibrant tourism industry, Newburyport includes p ...
, in 1802. He entered
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
at the age of 13 and graduated in 1817. He was a teacher of mathematics there from 1820 to 1821, and was admitted to practice in the Massachusetts Court of Common Pleas in December 1821; he began practicing law in Newburyport in 1824. There he attended the First Presbyterian Church. On November 23, 1824, Cushing married Caroline Elizabeth Wilde, daughter of Judge Samuel Sumner Wilde, of the
Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the highest court in the Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the distinction of being the oldest continuously fu ...
. His wife died about a decade later, leaving him childless and alone. He never married again.


State legislature

Cushing served as a
Democratic-Republican The Democratic-Republican Party (also referred to by historians as the Republican Party or the Jeffersonian Republican Party), was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed l ...
member of the
Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the State legislature (United States), state legislature of Massachusetts. It is composed of 160 members elected from 14 counties each divided into ...
in 1825, then entered the
Massachusetts Senate The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts. The Senate comprises 40 elected members from 40 single-member senatorial districts in the st ...
in 1826, and returned to the House in 1828. Afterwards, he spent two years in Europe from 1829 to 1831. Upon his return, he again served in the lower house of the state legislature in 1833 and 1834. Then, in late 1834, he was elected to the
United States House of Representatives The United States House of Representatives is a chamber of the Bicameralism, bicameral United States Congress; it is the lower house, with the U.S. Senate being the upper house. Together, the House and Senate have the authority under Artic ...
.


Washington career

Cushing served in Congress from 1835 until 1843 (the 24th, 25th, 26th and 27th Congresses). During the 27th Congress, he was chairman of the
U.S. House Committee on Foreign Affairs The United States House Committee on Foreign Affairs, also known as the House Foreign Affairs Committee, is a standing committee of the U.S. House of Representatives with jurisdiction over bills and investigations concerning the foreign affairs ...
. Here the marked inconsistency characterizing his public life became manifest. For when
John Tyler John Tyler (March 29, 1790 – January 18, 1862) was the tenth president of the United States, serving from 1841 to 1845, after briefly holding office as the tenth vice president of the United States, vice president in 1841. He was elected ...
had become president, had been read out of the Whig party, and had vetoed Whig measures (including a tariff bill) for which Cushing had voted, Cushing first defended the vetoes and then voted again for the bills. In 1843 President Tyler nominated Cushing for U.S. Secretary of the Treasury, but the U.S. Senate refused to confirm him for this office. He was nominated three times in one day, and rejected all three times. John Canfield Spencer was chosen instead.


China mission

In 1843, Cushing was appointed by President Tyler to be commissioner and United States Ambassador to China, holding this position until March 4, 1845. With the goal of impressing the Royal Chinese court, the Cushing mission consisted of four American warships, loaded with gifts that exalted scientific wonders including revolvers, telescope, and an encyclopedia. His arrival at Macau in February 1844 created a local sensation, but the Chinese government was reluctant to designate another most favored nation. Cushing cleverly mixed the carrot and stick. He warned – against the backdrop of his warships – that not to receive an envoy was a national insult. He threatened to go directly to the Emperor – an unheard of procedure. The Emperor tried delay, but he finally sent an envoy to negotiate with Cushing, leading to the signing of the
Treaty of Wanghia The Treaty of Wanghia (also known as the Treaty of Wangxia; Treaty of peace, amity, and commerce, between the United States of America and the Chinese Empire; () was the first of the unequal treaties imposed by the United States on the Qing dyn ...
in the village of Wanghia on July 3, 1844. In addition to most favored nation status, Cushing made sure that Americans received
extraterritoriality In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdict ...
. In the following years American trade with China grew rapidly, thanks to the high-speed clipper ships which carried relatively small amounts of high-value cargo, such as ginseng and silk. American Protestant missionaries also began to arrive. The popular Chinese reaction was mostly hostile, but there was a favorable element that provided a base of support for American missionaries and businessmen. By 1850–64, China was enmeshed in the
Taiping rebellion The Taiping Rebellion, also known as the Taiping Civil War or the Taiping Revolution, was a civil war in China between the Qing dynasty and the Taiping Heavenly Kingdom. The conflict lasted 14 years, from its outbreak in 1850 until the fall of ...
, a civil war which caused millions of deaths; foreign trade stagnated. While serving as commissioner to China he was also empowered to negotiate a treaty of navigation and commerce with Japan.


Return to Massachusetts

In 1847, while again a representative in the Massachusetts state legislature, he introduced a bill appropriating money for the equipment of a regiment to serve in the
Mexican–American War The Mexican–American War (Spanish language, Spanish: ''guerra de Estados Unidos-México, guerra mexicano-estadounidense''), also known in the United States as the Mexican War, and in Mexico as the United States intervention in Mexico, ...
; although the bill was defeated, he raised the necessary funds privately. He served in the Army during the Mexican War first as colonel of the 1st Massachusetts Volunteer Regiment, of which he was placed in command on January 15, 1847. He was promoted to brigadier-general of volunteers on April 14 of the same year. He did not see combat during this conflict, and entered Mexico City with his reserve battalion several months after that city had been pacified. He was discharged from the Army on July 20, 1848. In 1847 and again in 1848 the Democrats nominated him for
Governor of Massachusetts The governor of the Commonwealth of Massachusetts is the head of government of the Commonwealth (U.S. state), Commonwealth of Massachusetts. The governor is the chief executive, head of the state cabinet and the commander-in-chief of the commonw ...
, but on each occasion he was defeated at the polls. He was again a representative in the state legislature in 1851, was offered the position as Massachusetts Attorney General in 1851, but declined; and served as mayor of Newburyport in 1851 and 1852. (He had written a major history of the town when he was 26 years old.) He became an associate justice of the Massachusetts Supreme Judicial Court in 1852. During the presidency
Franklin Pierce Franklin Pierce (November 23, 1804October 8, 1869) was the 14th president of the United States, serving from 1853 to 1857. A northern Democratic Party (United States), Democrat who believed that the Abolitionism in the United States, abolitio ...
, from March 7, 1853, until March 3, 1857, he was
Attorney General of the United States The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the federal government. The attorney general acts as the principal legal advisor to the president of the ...
. Cushing supported the March 1857
Dred Scott decision ''Dred Scott v. Sandford'', 60 U.S. (19 How.) 393 (1857), was a landmark decision of the United States Supreme Court that held the U.S. Constitution did not extend American citizenship to people of black African descent, and therefore they ...
. In 1858, 1859, 1862, and 1863 he again served in the Massachusetts House of Representatives. Also during this time, he founded the Cushing Land Agency in St. Croix Falls, Wisconsin. The building it was housed in, now known as the Cushing Land Agency Building, is listed on the
National Register of Historic Places The National Register of Historic Places (NRHP) is the Federal government of the United States, United States federal government's official United States National Register of Historic Places listings, list of sites, buildings, structures, Hist ...
.


1860 and the Civil War

In 1860 he presided over the
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, which met first at Charleston and later at
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, until he joined those who seceded from the regular convention. He then presided also over the convention of the seceding delegates, who nominated John C. Breckinridge for the Presidency. Also in 1860 President
James Buchanan James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was the 15th president of the United States, serving from 1857 to 1861. He also served as the United States Secretary of State, secretary of state from 1845 to 1849 and represented Pennsylvan ...
sent him to Charleston as Confidential Commissioner to the Secessionists of South Carolina. Despite having favored
states' rights In United States, American politics of the United States, political discourse, states' rights are political powers held for the state governments of the United States, state governments rather than the federal government of the United States, ...
and opposed the
abolition Abolition refers to the act of putting an end to something by law, and may refer to: *Abolitionism, abolition of slavery *Capital punishment#Abolition of capital punishment, Abolition of the death penalty, also called capital punishment *Abolitio ...
of slavery, during the Civil War, he supported the Union. He was later appointed by President
Andrew Johnson Andrew Johnson (December 29, 1808July 31, 1875) was the 17th president of the United States, serving from 1865 to 1869. The 16th vice president, he assumed the presidency following the assassination of Abraham Lincoln. Johnson was a South ...
as one of three commissioners assigned to revise and codify the laws of the United States Congress. He served in that capacity from 1866 to 1870.


Return to diplomacy

In 1868, in concert with the Minister Resident to Colombia, Cushing was sent to
Bogotá Bogotá (, also , , ), officially Bogotá, Distrito Capital, abbreviated Bogotá, D.C., and formerly known as Santa Fe de Bogotá (; ) during the Spanish Imperial period and between 1991 and 2000, is the capital city, capital and largest city ...
,
Colombia Colombia, officially the Republic of Colombia, is a country primarily located in South America with Insular region of Colombia, insular regions in North America. The Colombian mainland is bordered by the Caribbean Sea to the north, Venezuel ...
, and worked to negotiate a right-of-way treaty for a ship canal across the
Isthmus of Panama The Isthmus of Panama, historically known as the Isthmus of Darien, is the narrow strip of land that lies between the Caribbean Sea and the Pacific Ocean, linking North America, North and South America. The country of Panama is located on the i ...
. At the Geneva conference for the settlement of the Alabama claims in 1871–1872 he was one of the
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
s appointed by President
Ulysses S. Grant Ulysses S. Grant (born Hiram Ulysses Grant; April 27, 1822July 23, 1885) was the 18th president of the United States, serving from 1869 to 1877. In 1865, as Commanding General of the United States Army, commanding general, Grant led the Uni ...
for the United States before the Geneva Tribunal of Arbitration on the Alabama claims. From January 6, 1874, to April 9, 1877, Cushing was Minister to Spain. He defused tensions over the ''Virginius'' Affair, and proved popular in the country.


Supreme Court nomination

On January 9, 1874, Grant nominated Cushing as Chief Justice of the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
. The nomination came soon after Grant withdrew the nomination of George Henry Williams to the position. The selection caught many off-guard, including Cushing himself. Radical Republicans in the U.S. Senate immediately challenged Cushing's loyalties on account of his earlier close personal rapport with Andrew Johnson and his alleged pre-Civil War Copperhead sympathies. Their feelings of distrust turned into all out opposition to his confirmation when a (non-political) letter that Cushing had written in 1861 to President of the Confederacy
Jefferson Davis Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the only President of the Confederate States of America, president of the Confederate States from 1861 to 1865. He represented Mississippi in the Unite ...
was found and made public. As a result of rising furor, the nomination was withdrawn on January 13, 1874.


Death and legacy

Cushing died in Newburyport on January 2, 1879, where he was laid to rest in the town's Highland Cemetery. The United States Revenue Cutter ''Caleb Cushing'' was named after Cushing. The ''Caleb Cushing'' served during the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
and was destroyed by Confederate raiders during the Battle of Portland Harbor on June 27, 1863.


Works

* ''To the members of the senior class'', Harvard University (1821) * ''An oration, delivered in Newburyport : on the forty-fifth anniversary of American independence, July 4, 1821'' * ''History and Present State of the Town of Newburyport, Mass.'' (1826) * ''An oration delivered before the citizens of Newburyport : on the fifty-sixth anniversary of American independence'' (1832) * ''An oration pronounced at Boston before the Colonization Society of Massachusetts : on the anniversary of American independence, July 4, 1833'' * ''Reminiscences of Spain'' (1833); * ''Review, historical and political, of the late revolution in France, and of the consequent events in Belgium, Poland, Great Britain, and other parts of Europe,'' two volumes, (1833) * ''Introductory discourse delivered before the American Institute of Instruction, at their fifth anniversary meeting, in Boston, August 1834'' * ''An oration pronounced before the literary societies of Amherst College, August 23, 1836'' * ''Oration on the Material Growth and Territorial Progress of the United States'' (1839) * ''Life and Public Services of William H. Harrison'' (1840) * ''Speech of Mr. Cushing, of Massachusetts, on the case of Alexander McLeod : delivered in the House of Representatives, June 24 and 25, 1841'' * ''An address, delivered at the laying of the corner stone of the new town hall, Newburyport 1850'' * ''Address. Delivered September 26, 1850, at Salem, before the Essex agricultural society'' * ''Speech delivered in Faneuil Hall, Boston, October 27, 1857 : also, speech delivered in City Hall, Newburyport, October 31, 1857'' * ''Oration delivered by the Hon. Caleb Cushing, of Massachusetts, before the Tammany society, or Columbian order, at Tammany hall, on Monday, July 5th, 1858'' * ''The Union and the Constitution. Public meeting in Faneuil Hall, Boston, Dec. 8, 1859. Speeches of Hon. Levi Lincoln, Hon. Edward Everett, Hon. Caleb Cushing'' * ''Speech of Hon. Caleb Cushing, in Norombega hall, Bangor, October 2, 1860, before the Democracy of Maine'' * ''The Treaty of Washington'' (1873)


See also

*
Unsuccessful nominations to the Cabinet of the United States Members of the Cabinet of the United States are nominated by the president and are then confirmed or rejected by the Senate. Listed below are unsuccessful cabinet nominees—that is, individuals who were nominated and who either declined their o ...


References


Further reading

* * Belohlavek, John M. ''Broken Glass: Caleb Cushing & the Shattering of the Union'' (2005) * Belohlavek, John M. ''Race, Progress, and Destiny: Caleb Cushing and the Quest for American Empire'' (1996) * Fuess, Claude Moore ''The Life of Caleb Cushing'', New York: Harcourt, Brace and Co., 1923. (2 vols.) * Haddad, John R. ''America's First Adventure in China: Trade, Treaties, Opium, and Salvation'' (2013) pp. 136–159
online
* Johnson, Kendall A. ''The New Middle Kingdom: China and the Early American Romance of Free Trade'', Baltimore, MD: Johns Hopkins University Press, 2017. * Kuo, Ping Chia. "Caleb Cushing and the Treaty of Wanghia, 1844". ''The Journal of Modern History'' 5, no. 1 (1933): 34–54.
Online
* Schurz, Carl. New York: McClure Publ. Co., 1907. Schurz reports his impressions of seeing Cushing, in an effort to discourage anti-slavery sentiment, speak at a "Conservative Union Meeting" at
Faneuil Hall Faneuil Hall ( or ; previously ) is a marketplace and meeting hall near the waterfront and Government Center, Boston, Massachusetts, Government Center, in Boston, Massachusetts, United States. Opened in 1742, it was the site of several speeches ...
in Boston just before the Civil War (Volume II, Chapter IV, p. 162): "While speaking he turned his left shoulder to the audience, looking at his hearers askance, and with a squint, too, as it seemed to me, but I may have been mistaken. There was something like a cynical sneer in his manner of bringing out his sentences, which made him look like Mephistopheles alive, and I do not remember ever to have heard a public speaker who stirred in me so decided a disinclination to believe what he said. In later years I met him repeatedly at dinner tables which he enlivened with his large information, his wit, and his fund of anecdote. But I could never quite overcome the impression he had made upon me at that meeting. I could always listen to him with interest, but never with spontaneous confidence." * Welch, Richard E. "Caleb Cushing's Chinese Mission and the Treaty of Wanghia: A Review." ''Oregon Historical Quarterly'' 58.4 (1957): 328–357
Online
*


External links

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