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LIBRARY OF CONGRESS MANUSCRIPT DIVISION The Papers of CALEB CUSHING The papers of Caleb Cushing (1800-1879), lawyer, author, U.S. Representative from Massachusetts, envoy to China, Colombia, and Spain, brigadier general in the Mexican War, Attorney General of the United States, and senior counsel for the United states at the Geneva Tribunal of Arbitration, were given to the Library of Congress in 1935 by his niece, Miss Margaret W. Cushing. Several small accessions have been acquired through purchase and gift, 1906-75. The Library has no information on the status of copyright in the unpublished writings of Caleb Cushing in these papers and in other collections of papers in the Library's custody. The materials contained in the Caleb Cushing papers were described on page 33 of the Report of the Librarian of Congress for the fiscal year ending June 30, 1936. provenance information may be found in Claude M. Fuess, The Life of Caleb Cushing (1923): v. 1, p. vii-viii; v. 2, p. 399-400. Linear feet of shelf space occupied: 190 Approximate number of items: 120,000 \ 2 Biographical Hote 1800, Jan. 17 Born in township of Salisbury, Essex County, Mass. 1817 Graduated from Harvard 1820-21 Tutored mathematics at Harvard 1821 Admitted to bar and commenced practice of law in Newburyport, Mass. Edited local newspaper Began contributing to North American Review 1824 Elected as representative to Massachusetts General Court, reelected in 1846, 1850, and 1857 Married Caroline Elizabeth Wilde (died, 1832) 1825 Elected Massachusetts state senator 1829-30 Traveled in England, France, Spain 1834 Elected U.S. Representative as member of Whig Party; served four consecutive terms 1843 Name sent to Senate three times as President Tyler's nominee for Secretary of the Treasury, rejected three times 1843-44 Served as commissioner to China; negotiated Treaty of Wang Hiya (treaty approved 1845, formally proclaimed 1846) 1846 Made extended trip to Great Lakes region and along St. Croix River 1847-48 Brigadier general, Mexican War 1851 Elected first mayor of Newburyport 1852 Appointed associate justice, Supreme Judicial Court of Massachusetts 1853-57 Served as U.S. Attorney General under President Pierce \ 3 1860, ,Apr. Named Permanent president of National Democratic convention, Charleston, s.C. , Dec. sent as president Buchanan's personal representative to Charleston, S.C., to delay passing of ordnance of secession 1865-70 Counsel for the united States before British and American Joint Commission to settle Hudson's Bay and puget's [sic] Sound Companies claim 1868 Appointed by President Johnson as Special Minister to Colombia to negotiate a treaty regarding ship canal across Isthmus of Panama Appointed agent and counsel by Mexican Government to present claims before Mexican-American Claims Commission 1871 Appointed counsel for the United States at the Geneva Tribunal of Arbitration 1~3-77 Minister to Spain 1879, Jan. 2 Died, Newburyport, Mass. J 4 Scope and Content Hote This collection of approximately 120,000 items includes diaries, journals, general and special correspondence, subject, legal, and financial files, a speech, article, and book file, and related newspaper clippings and printed matter. There is also an extensive file based on Cushing's speculation in lands, and an additional file with papers that relate to his varied public employments, beginning with the China Mission of 1843-44 and ending with his Ministry to Spain (1873-77). General correspondence, constituting approximately one-third of the collection, thoroughly documents Cushing's life and touches on many of the national and international issues that arose during the middle years of the 19th century. The much less voluminous special correspondence series includes letters dealing with patronage questions during Cushing's congressional career (1835-43) and during his service as president Pierce's Attorney General (1853-57). Social correspondence, autograph requests, some bound correspondence, and a small amount of family correspondence round out this series. A considerable amount of legal and business correspondence is included as part of the extensive legal file. In this file the papers are divided among cases in which Cushing was in some way personally involved, and those in which he acted as attorney or consultant. Also in the legal file, and separately arranged therein, are the drafts of Cushing's opinions as Attorney General. Correspondence, principally of a business nature, is also included in the file of papers, illustrating Cushing's long continued financial interest in lands located from Maine to Lower California. The speech, article, and book file has materials as disparate as fledgling attempts at poetry in 1816 and the philippic against Britain's Sir Alexander Cockburn in The Treaty of Washington (1873). The bulk of this file, however, is made up of drafts and printed copies of Cushing's speeches and addresses, and drafts of articles for the North American Review and other publications. A subject file incorporates notes, memoranda, and extracts, largely in Cushing's hand, and principally dealing with political topics of the day. Personal miscellany contains biographical materials, early notebooks, 5 commissions, and a few photographs. Numerous lists and inventories reflect Cushing's reading habits and wide-ranging interests. A financial file, general miscellany, newspaper clippings, and printed matter complete the collection. From an early date Caleb Cushing was in correspondence with important men of his day. Names such as George Bancroft, Rufus Choate, Edward Everett, Jared Sparks, and Daniel Webster appear in his general correspondence as early as the 1820's, and in some instances frequently reappear for decades thereafter. A number of letters and notes from John Tyler and Franklin pierce are found during their terms as president, but are not confined to those years. Every member of Pierce's Cabinet, including James Campbell, Jefferson Davis, James C. Dobbins, James Guthrie, Robert McClelland, and William L. Marcy, is represented in the 1853-57 period. Included among the many other prominent correspondents are Benjamin F. Butler, Hamilton Fish, Francis Lieber, Hugh McCulloch, Albert Pike, Gideon J. pillow, John Rose, William H. Seward, Roger Taney, and John Greenleaf Whittier. 6 Description of Series Container Nos. series 1-2 Diaries, Journals, and Related Material, 1821-44. Two containers. Approximately 60 small, unbound notebooks and 2 bound volumes, arranged by type of material and chonrologically therein. 3-143 General Correspondence, 1815-18. 141 containers. Letters sent and received, arranged chronologically by day. Undated correspondence in container 143 arranged under Franklin Pierce, Caleb Cushing, and then alphabetically by names of correspondents. 144-162 special Correspondence, 1819-99. 19 containers. Bound copies of selected letters to Cushing, bound correspondence of I. Lowell, and correspondence and related papers of J. N. Cushing, L. B. Cushing, S. Stevens, and others. Patronage letters are included in this series, as are invitations, announcements, and requests for autographs. All are chronologically arranged within the sub-series. 163-191 Special File, 1843-18. 35 containers. Memoranda, drafts, extracts, official documents, and other materials connected with the many public roles played by Cushing are grouped under the appropriate headings and placed in chronological sequence, commencing with the mission to China and terminating with the period of the ministry to Spain. Arrangement within each particular group is chronological wherever feasible: otherwise by type of material. Correspondence removed unless noted in container list. 7 Container Nos. Series 198-213 Speech, Article, and Book File, 1816-77. 16 containers. Handwritten drafts, printed copies, and newspaper accounts of Cushing1s speeches, articles, and books, chronologically arranged by year: poetry separately grouped. 214-225 Subject File. 12 containers. Notes, memoranda, and extracts relating to a wide variety of topics in which Cushing interested himself. Materials are grouped by subject, alphabetically arranged. 226-330 Legal File, ca. 1785-1886. 105 containers. Includes opinions, briefs, legal documents, drafts, memoranda, notes, and printed matter, as well as a considerable amount of correspondence, all gathered into three main categories, and arranged therein, as follows: 226-232 personal Cases, 1830-78. 7 containers. Cases in whic~ Cushing was himself a party to the suit. Arranged chrono logically by year, with the papers relating to a specific case in the same folder. In those instances where a legal case spans several years, inclusive dates are provided and the case is filed by date of initial significant correspondence. Cases occupying one or more folders are also listed by title. papers of specific cases are not further arranged within folders. 233-246 Attorney Generalis Office, 1853-57. 14 containers. Material chiefly consists of drafts of Cushingls opinions. There is a small amount of official correspondence and some memoranda, notes, etc., chronologically arranged by month. 8 Container Nos. Series 247-330 Miscellaneous Cases, ca. 1822-78. 84 containers. Various types of litigation, and some business ventures, in which Cushing acted as attorney, or had an interest. Arranged the same as papers filed under Personal Cases. In some instances, certain types of cases are given generic titles, e.g., Suits to Recover Confederate Property, and are filed together in same folder. 331-375