CUSHING, CALEB (1800-1879), American statesman and lawyer, was born in Salisbury, Mass., on Jan. 17, 1800. He gradu ated at Harvard in 1817, was tutor in mathematics there in 1820 21, was admitted to the Massachusetts bar in Dec. 182I, and began the practice of law in Newburyport, Mass., in 1824. After serving, as a Democratic-Republican, in the State house of repre sentatives in 1825, in the State senate in 1826, and in the house again in 1828, he spent two years in Europe. He again served in the State house of representatives in and in the latter year was elected by the Whigs as a representative in Congress. He served in this body from 1835 until 1843, but during this period he was forced out of the Whig Party by his support of Tyler's vetoes of certain Whig measures. In 1843 President Tyler nominated him for secretary of the treasury, but the Senate refused to confirm him for this office. He was appointed later in the same year U.S. commissioner to China, where he nego tiated the first treaty between China and the United States ; in it was outlined the principle of exterritoriality. During the Mexican War he raised the funds necessary to equip a regiment and served with it first as colonel and afterwards as brigadier general of volunteers. In 1847 and again in 1848 the Democrats nominated him for governor of Massachusetts, but each time he failed to be elected. After serving in the State legislature in 1851, he became an associate justice of the Massachusetts supreme court in 1852, and during the administration of President Pierce, was U.S. attorney general. In 186o he pre sided over the Democratic national convention which met first at Charleston and later at Baltimore ; when the split in the party came, he presided over the seceders, who nominated Breckinridge. During the Civil War he supported loyally the Union and served the Administration in various minor positions. At the Geneva conference for the settlement of the "Alabama" claims in 1871 7 2 he was one of the counsel for the United States. In 1873 Presi dent Grant nominated him for chief justice of the United States, but vigorous opposition in the Senate caused his name to be with drawn. From 1874 to 1877 Cushing was U.S. minister to Spain. He died at Newburyport, Mass., on Jan. 2, 1879. He published History and Present State of the Town of Newburyport, Mass. (1826) ; Review of the Late Revolution in France (1833) ; Remi niscences of Spain (1833) ; Orations on the Growth and Territorial Progress of the United States (1839) ; Life and Public Services of William H. Harrison (1840) ; and The Treaty of Washington See C. M. Fuess, The Life of Caleb Cushing (1923).