"},"predecessor":{"wt":"''Seat established''"},"successor":{"wt":"[[Joseph Story]]"},"birth_date":{"wt":"{{birth date|1732|3|1}}"},"birth_place":{"wt":"[[Scituate,Massachusetts|Scituate]],[[Province of Massachusetts Bay|Massachusetts Bay]]"},"death_date":{"wt":"{{death date and age|1810|9|13|1732|3|1}}"},"death_place":{"wt":"[[Scituate,Massachusetts]],U.S."},"education":{"wt":"[[Harvard College]] ([[Bachelor of Arts|BA]])"},"signature":{"wt":"William Cushing Signature.svg"}},"i":0}}]}" id="mwBg">.mw-parser-output .infobox-subbox{padding:0;border:none;margin:-3px;width:auto;min-width:100%;font-size:100%;clear:none;float:none;background-color:transparent}.mw-parser-output .infobox-3cols-child{margin:auto}.mw-parser-output .infobox .navbar{font-size:100%}@media screen{html.skin-theme-clientpref-night .mw-parser-output .infobox-full-data:not(.notheme)>div:not(.notheme)[style]{background:#1f1f23!important;color:#f8f9fa}}@media screen and (prefers-color-scheme:dark){html.skin-theme-clientpref-os .mw-parser-output .infobox-full-data:not(.notheme) div:not(.notheme){background:#1f1f23!important;color:#f8f9fa}}@media(min-width:640px){body.skin--responsive .mw-parser-output .infobox-table{display:table!important}body.skin--responsive .mw-parser-output .infobox-table>caption{display:table-caption!important}body.skin--responsive .mw-parser-output .infobox-table>tbody{display:table-row-group}body.skin--responsive .mw-parser-output .infobox-table tr{display:table-row!important}body.skin--responsive .mw-parser-output .infobox-table th,body.skin--responsive .mw-parser-output .infobox-table td{padding-left:inherit;padding-right:inherit}}
As to the doctrine of slavery and the right of Christians to hold Africans in perpetual servitude, and sell and treat them as we do our horses and cattle, that (it is true) has been heretofore countenanced by the Province Laws formerly, but nowhere is it expressly enacted or established. It has been a usage – a usage which took its origin from the practice of some of the European nations, and the regulations of British government respecting the then Colonies, for the benefit of trade and wealth. But whatever sentiments have formerly prevailed in this particular or slid in upon us by the example of others, a different idea has taken place with the people of America, more favorable to the natural rights of mankind, and to that natural, innate desire of Liberty, with which Heaven (without regard to color, complexion, or shape of noses-features) has inspired all the human race. And upon this ground our Constitution of Government, by which the people of this Commonwealth have solemnly bound themselves, sets out with declaring that all men are born free and equal – and that every subject is entitled to liberty, and to have it guarded by the laws, as well as life and property – and in short is totally repugnant to the idea of being born slaves. This being the case, I think the idea of slavery is inconsistent with our own conduct and Constitution; and there can be no such thing as perpetual servitude of a rational creature, unless his liberty is forfeited by some criminal conduct or given up by personal consent or contract ... [9]
This was taken to mean that slavery was incompatible with the state constitution ratified in 1779, and that slavery was therefore ended in the state. [10] [11] The case relied on a 1781 freedom suit brought by slave Elizabeth Freeman, also known as Mum Bett, on the same grounds; a Massachusetts county court ruled in her favor in 1781.
During Shays' Rebellion (1786–87), Cushing ensured that court sessions continued, despite the aggressive protests of the armed rebels, and later presided over their trials. A year later, in 1788, he served as vice president of the Massachusetts convention, which narrowly ratified the United States Constitution. [12]
On September 24, 1789, President George Washington nominated Cushing for one of the five associate justice positions on the newly established Supreme Court. His appointment (along with those of: John Blair Jr.; Robert H. Harrison; John Rutledge; and James Wilson; plus that of John Jay for Chief Justice) was confirmed by the Senate two days later. [13] Cushing's service on the Court officially began February 2, 1790, when he took the Judicial oath. [1] He generally held a nationalist view typically in line with the views of the Federalist Party, and often disagreed with Thomas Jefferson's Democratic-Republicans. His two most important decisions were probably Chisholm v. Georgia and Ware v. Hylton , which held that treaties made under the Constitution supersede state law. Though he served on the Court for two decades, only 19 of his decisions appear in the United States Reports .
Cushing administered the oath of office at Washington's second inauguration on March 4, 1793. This was the first inauguration to take place in Philadelphia (then the nation's capital). [14]
When Chief Justice John Jay resigned from the Court in June 1795, during a long Senate recess, Washington appointed John Rutledge as the new chief justice by a recess appointment. On December 15, 1795, during the Senate's next session, it rejected Rutledge's nomination. Washington subsequently nominated Cushing on January 26, 1796; the Senate confirmed the nomination the following day. [13]
Cushing received his commission on January 27, but returned it to Washington on February 2, declining appointment. [15] An error in the rough minutes of the Court on February 3 and 4, 1796, lists Cushing as Chief Justice, although this entry was later crossed out. This error can be explained by the text of the Judiciary Act of 1789, [16] which allowed for the Court to hear cases with a quorum of only four justices; that is, the Chief Justice need not always be present for the Court to conduct business. As Cushing was the most senior associate justice present on those dates, he would have been expected to serve as the presiding justice, directing the Court's business.
Washington then nominated Oliver Ellsworth to be chief justice, transmitting the nomination to the Senate in a March 3 message stating that Ellsworth would replace "William Cushing, resigned." [17] Subsequent histories of the Court have not counted Cushing as chief justice, but instead report that he declined the appointment. Had Cushing accepted promotion to chief justice and then resigned, he would have had to leave the Court entirely; accepting the appointment would have implicitly required Cushing to resign his place as associate justice. That he continued on the Court as an associate justice for years afterward lends weight to the assertion that Cushing declined promotion. Additionally, Cushing's February 2 letter explicitly stated his return of the commission for chief justice, and his desire to retain his seat as associate justice. [15]
In 1810, Cushing died in his hometown of Scituate, Massachusetts. He is buried in a small cemetery there which is also a state park.
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump’s first impeachment.
William Paterson was an American statesman, lawyer, jurist, and signer of the United States Constitution. He was an Associate Justice of the United States Supreme Court, the second governor of New Jersey, and a Founding Father of the United States.
Thomas Johnson was an 18th-century American lawyer, politician, and patriot. He was a delegate to the First Continental Congress in 1774, where he signed the Continental Association; commander of the Maryland militia in 1776; and elected first (non-Colonial) governor of Maryland in 1777. Throughout his career, Johnson maintained a personal and political friendship with George Washington, who gave him a recess appointment as an associate justice of the Supreme Court in August 1791. He served only briefly, resigning in January 1793, citing poor health.
The Supreme Court of the United States is the highest-ranking judicial body in the United States. Established by Article III of the Constitution, the detailed structure of the court was laid down by the 1st United States Congress in 1789. Congress specified the Court's original and appellate jurisdiction, created 13 judicial districts, and fixed the initial size of the Supreme Court. The number of justices on the Supreme Court changed six times before settling at the present total of nine in 1869. As of June 2022, a total of 116 justices have served on the Supreme Court since 1789. Justices have life tenure, and so they serve until they die in office, resign or retire, or are impeached and removed from office.
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 functioning appellate court in the Americas, with a recognized history dating to the establishment of the Massachusetts Superior Court of Judicature in 1692 under the charter of the Province of Massachusetts Bay.
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.
Quock Walker, also known as Kwaku or Quork Walker, was an enslaved American who sued for and won his freedom suit case in June 1781. The court cited language in the 1780 Constitution of Massachusetts that declared, "All men are born free and equal". The case is credited with helping abolish slavery in Massachusetts, although the 1780 constitution was never amended to prohibit the practice explicitly. Massachusetts was the first U.S. state to effectively and fully abolish slavery—the 1790 United States census recorded no enslaved people in the state.
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government.
The Jay Court refers to the Supreme Court of the United States from 1789 to 1795, when John Jay served as the first Chief Justice of the United States. Jay served as Chief Justice until his resignation, at which point John Rutledge took office as a recess appointment. The Supreme Court was established in Article III of the United States Constitution, but the workings of the federal court system were largely laid out by the Judiciary Act of 1789, which established a six-member Supreme Court, composed of one Chief Justice and five Associate Justices. As the first President, George Washington was responsible for appointing the entire Supreme Court. The act also created thirteen judicial districts, along with district courts and circuit courts for each district.
The Ellsworth Court refers to the Supreme Court of the United States from 1796 to 1800, when Oliver Ellsworth served as the third Chief Justice of the United States. Ellsworth took office after the Senate refused to confirm the nomination of Chief Justice John Rutledge, who briefly served as a Chief Justice as a recess appointment. Ellsworth served as Chief Justice until his resignation, at which point John Marshall took office. With some exceptions, the Ellsworth Court was the last Supreme Court to use seriatim opinions.
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and United States Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.
John Rutledge Jr. was an American Founding Father, politician, and jurist who served as one of the original associate justices of the Supreme Court and the second chief justice of the United States. Additionally, he served as the first president of South Carolina and later as its first governor after the Declaration of Independence was signed.
Commonwealth of Massachusetts v. Nathaniel Jennison was a court case in Massachusetts in 1783 that effectively abolished slavery in that state. It was the third in a series of cases which became known as the Quock Walker cases.
Oliver Ellsworth was a Founding Father of the United States, attorney, jurist, politician, and diplomat. Ellsworth was a framer of the United States Constitution, United States senator from Connecticut, and the third chief justice of the United States. Additionally, he received 11 electoral votes in the 1796 presidential election.
Nathan Cushing was a justice of the Massachusetts Supreme Judicial Court from 1790 to 1800. He was appointed by Governor John Hancock to the seat vacated by the elevation of Nathaniel Sargent to chief justice.
The Rutledge Court refers to the Supreme Court of the United States from June to December 1795, when John Rutledge served as the second Chief Justice of the United States. Rutledge took office as a recess appointment of President George Washington to succeed John Jay. However, Rutledge was denied confirmation by the United States Senate, partly due to his attacks on the Jay Treaty. Rutledge was succeeded in office by Oliver Ellsworth. This was the first time that the Senate rejected a Supreme Court nomination; it remains the only time a "recess appointed" justice was not subsequently confirmed by the Senate. Rutledge's tenure as Chief Justice lasted for only 138 days, and the court only decided two cases under his leadership.
John Rutledge was twice nominated by President George Washington to the Supreme Court of the United States, being nominated and confirmed in 1789 as an associate justice, and being unsuccessfully nominated in 1795 to serve as chief justice.
Wiley Rutledge was nominated to serve as an associate justice of the Supreme Court of the United States by U.S. President Franklin D. Roosevelt on January 11, 1943, after the resignation of James F. Byrnes created a vacancy on the court. Per the Constitution of the United States, Rutledge's nomination was subject to the advice and consent of the United States Senate, which holds the determinant power to confirm or reject nominations to the U.S. Supreme Court. After being favorably reported on by both a subcommittee of the Senate Committee on the Judiciary and the full Judiciary Committee, the nomination was confirmed by the full Senate through a voice vote on February 8, 1943.
Cushing.
William Cushing | |
---|---|
Associate Justice of the Supreme Court of the United States | |
In office February 2, 1790 [1] –September 13, 1810 [1] | |
Nominated by | George Washington |
Preceded by | Seat established |
Succeeded by | Joseph Story |
Personal details | |
Born | Scituate,Massachusetts Bay | March 1,1732
Died | September 13,1810 78) Scituate,Massachusetts,U.S. | (aged
Education | Harvard College (BA) |
Signature | |
William Cushing (March 1,1732 –September 13,1810) was one of the original five associate justices of the United States Supreme Court;confirmed by the United States Senate on September 26,1789,he served until his death. [2] His Supreme Court tenure of 20 years and 11 months was the longest among the Court's inaugural members. [3] In January 1796,he was nominated by President George Washington to become the Court's Chief Justice;though confirmed,he declined the appointment. [2] He was the last judge in the United States to wear a full wig (Court dress). [4] [5]
Cushing was born in Scituate,Massachusetts Bay,on March 1,1732. The Cushing family had a long history in the area,settling Hingham in 1638. Cushing's father,John Cushing (1695–1778),was a provincial magistrate who in 1747 became an associate justice of the Superior Court of Judicature,the province's high court. William Cushing's grandfather John Cushing (1662–1737/38) was also a superior court judge and member of the governor's council. [6]
Cushing's mother,Mary Cotton Cushing,was a daughter of Josiah Cotton (1679/80–1756). They were descended from Rev. John Cotton,the great 17th century Puritan theologian. Josiah Cotton and Richard Fitzgerald,a teacher at a local Latin school,were responsible for young Cushing's early education. [7]
Cushing graduated from Harvard College in 1751 and became a member of the bar of Boston in 1755. After briefly practicing law in Scituate,he moved to Pownalborough (present-day Dresden,Maine,then part of Massachusetts),and became the first practicing attorney in the province's eastern district (as Maine was then known). In 1762 he was called to become a barrister,again the first in Maine. He practiced law until 1772,when he was appointed by Governor Thomas Hutchinson to replace his father (who had resigned) on the Superior Court bench.
Not long after his tenure on the Massachusetts bench began,a controversy arose over revelations that court judges were to be paid by crown funds from London rather than by an appropriation of the provincial assembly. Cushing did not express any opinion on the matter,but declined the crown payment in preference to a provincial appropriation.
After the American Revolutionary War broke out in April 1775,the Massachusetts Provincial Congress (which exercised de facto control over the province outside besieged Boston),sought to reorganize the courts to remove the trappings of British sovereignty. Consequently,it essentially dissolved the Superior Court and reformed it in November 1775. Of all its justices,Cushing was the only one retained.
The congress offered the seat of Chief Justice first to John Adams,but he never sat,and resigned the post in 1776. The provincial congress appointed Cushing to be the court's first sitting Chief Justice in 1777. He was a charter member of the American Academy of Arts and Sciences (1780). [8] He would sit as Massachusetts Chief Justice until 1789,during which period the court ruled in 1783 that slavery was irreconcilable with the new state constitution,and it was ended in the state.
In 1783,Cushing presided over a series of cases involving Quock Walker,a slave who filed a freedom suit based on the language of the new state constitution. In Commonwealth v. Jennison ,Cushing stated the following principles,in his charge to the jury: