- For the U.S. Navy hero, see William B. Cushing.
| William Cushing | |
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| In office February 2 1790 – September 13 1810 |
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| Nominated by | George Washington |
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| Preceded by | (none) |
| Succeeded by | Joseph Story |
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| Born | March 1 1732 Scituate, Massachusetts, U.S. |
| Died | September 13 1810 (aged 78) Scituate, Massachusetts, U.S. |
William Cushing (March 1, 1732 – September 13, 1810) was an early associate justice of the United States Supreme Court, from its inception to his death.
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Youth and early career
Born in Scituate, Massachusetts, Cushing became a member of the bar in Boston in 1751. Although his family had a history of attorneyship, he seemed to have had a hard time at the beginning of his career. During that time, as well, his father, John Cushing, served on the Massachusetts Superior Court of Judicature for about 24 years. When his father resigned in 1771, Cushing took his position on the Court. However, when the American Revolution started, he had to choose between the rebels and Great Britain; unlike the rest of the court, he chose the U.S.
His work with state and federal constitutions
In 1783, Cushing presided over a criminal action that virtually abolished slavery in Massachusetts, citing the 1780 Constitution of Massachusetts's statement that "all men are born free and equal". During Shays' Rebellion, he made sure that court sessions continued, even at the aggressive protests of the armed rebels. He later presided over the trial against the rebels. A year later, in 1788, he was vice president of the Convention of the Commonwealth of Massachusetts, which narrowly ratified the Constitution.
Washington's first appointee
When George Washington became President of the United States, his first appointee to the Supreme Court was Cushing. Although he served on the Court for 21 years, only 19 of his decisions appear in the case reporters, mainly due to frequent travels and failing health, as well as the incompleteness of the case reports of the era. He generally held a nationalist or Federalist view, often disagreeing with Thomas Jefferson's Democratic-Republicans. His two most important decisions were probably Chisholm v. Georgia and Ware v. Hylton, which regarded intra-state suits and the supremacy of treaties. He administered the oath of office at Washington's second inauguration as president. Cushing was probably the last American jurist to wear a wig. He died in 1810.
The third Chief Justice?
When John Jay resigned from the Court in 1795, Washington had to appoint a new Chief Justice. Although his first choice was John Rutledge, the Senate refused to confirm him. Washington then nominated Cushing on January 26, 1796; his nomination was confirmed unanimously by the Senate the following day, and Washington then signed his commission. Remarkably, although Cushing likely was present in Philadelphia (the temporary capital) during these events, he was unaware of the nomination until Washington introduced him as "Chief Justice" at a dinner party. Cushing received the commission and, on February 3 and 4, apparently sat as Chief Justice during sessions of the Court. The rough minutes of the Court sessions of those dates list him as Chief Justice, although this entry was later crossed out. On February 5, Cushing returned the commission to Washington with a letter referring to his "infirm & declining state of health." (Washington then appointed Oliver Ellsworth as Chief Justice, transmitting the nomination to the Senate in a message saying that the nominee would replace "William Cushing, resigned.") Subsequent histories of the Court have not counted Cushing as a Chief Justice, but instead report that he declined the appointment.
References
- Tony Mauro: "The Chief Justice Who Wasn't There", Legal Times (September 19, 2005)
- Ross E. Davies: "William Cushing, Chief Justice of the United States", [University of Toledo Law Review, Vol. 37, No. 3, Spring 2006
External links
| Preceded by (none) |
Chief Justice of the Massachusetts Supreme Judicial Court 1782 – 1789 |
Succeeded by Nathaniel Peaslee Sargent |
| Preceded by None (New Seat) |
Associate Justice of the Supreme Court of the United States February 2, 1790 – September 13, 1810 |
Succeeded by Joseph Story |
| Preceded by John Rutledge |
Chief Justice of the United States (disputed) January 27, 1796 – February 5, 1796 |
Succeeded by Oliver Ellsworth |
