William Cushing
William Cushing was an influential figure in early American jurisprudence, known for his service as a Supreme Court Justice and his role in the legal evolution of the United States. After graduating from Harvard College in 1751, he began his career as a teacher before shifting focus to law, establishing a practice in 1755. His judicial career started in Maine and continued when he returned to Massachusetts, where he became a justice in the superior court and later the chief justice during a tumultuous period following the American Revolutionary War.
Cushing played a vital role in maintaining order during Shay's Rebellion and was a staunch supporter of the U.S. Constitution, presiding over the Massachusetts state convention that ratified it in 1788. Appointed to the Supreme Court by President George Washington in 1789, Cushing served for over two decades, contributing to significant cases like Chisholm v. Georgia and Ware v. Hylton. Despite writing only nineteen opinions during his tenure, his straightforward and careful legal reasoning left a notable mark on American law. Cushing's long service made him a key figure among the original justices, bridging the early years of the Supreme Court and the subsequent leadership of Chief Justice John Marshall.
Subject Terms
William Cushing
Jurist
- Born: March 1, 1732
- Birthplace: Scituate, Massachusetts
- Died: September 13, 1810
- Place of death: Scituate, Massachusetts
Nominated by: George Washington
Significance: Cushing was the first appointee to the Supreme Court. Serving on the Court for almost twenty-one years, he was adept at disposing of cases quickly and tersely by focusing on one simple issue that could resolve each case.
After graduating from Harvard College in 1751, Cushing taught grammar school for one year in Roxbury, Massachusetts. Turning his interests to law, he began his own law practice in 1755. In 1760 he moved to Maine to become a probate judge and justice of the peace. Cushing returned to Massachusetts in 1771 and was subsequently chosen as a justice in the Massachusetts superior court. After the American Revolutionary War began, he was elected to the Massachusetts superior court of judicature, and in 1779 he was elevated to the position of chief justice to replace John Quincy Adams. In 1786 Cushing maintained order and respect for the law in western Massachusetts by handling the armed rebels in Shay’s Rebellion. Cushing’s experience with regional disorders made him a strong supporter of the Constitution. He served as the vice president of the Massachusetts state convention that ratified the Constitution in 1788, presiding over most of the proceedings because the president, John Hancock, was ill.
On September 24, 1789, Cushing was nominated to the Supreme Court by President George Washington. He was confirmed by the Senate two days later. Serving more than twenty years on the Court, Cushing wrote only nineteen opinions. His opinions were brief, careful, and straightforward. Because of his previous experience with the early jurisprudence of the American states, Cushing was chosen to write the decisions on the property rights of colonists who had remained loyal to Great Britain during the Revolutionary War. In 1793 he concurred with the majority in the extremely unpopular decision of the Court in the Chisholm v. Georgia case, in which the Court upheld the rights of the citizens of one state to bring original suits in the Court against another state. Due to potential economic damage that might occur, this decision led to the adoption of the Eleventh Amendment in 1798.
In 1796 Cushing demonstrated his support of the Federalist agenda in Ware v. Hylton. He voted with the majority in concluding that debts encumbered before the Revolutionary War were still valid and that treaties were the supreme law of the land. As a result, President Washington nominated Cushing as the successor to Chief Justice John Jay. Cushing was confirmed by the Senate but resigned after one week due to declining health. However, he kept his position on the bench as an associate justice. Cushing served on the Court the longest of any of the six original appointees, being the only one to serve under both Jay and Chief Justice John Marshall.