Cushing, William

Born March 1, 1732, in Scituate, MA
Died September 13, 1810, in Scituate, MA

Federal Judicial Service:
Associate Justice, Supreme Court of the United States
Nominated by George Washington on September 24, 1789, to a new seat authorized by 1 Stat. 73. Confirmed by the Senate on September 26, 1789, and received commission on September 27, 1789. Service terminated on September 13, 1810, due to death.

Supreme Court Oath:
February 2, 1790 (based on questionable authority)

Allotment as Circuit Justice:

Eastern Circuit, Spring 1790-Spring 1792, Spring 1793, Spring 1794-Fall 1794, Fall 1795, Fall 1796, Fall 1797-Spring 1798, Fall 1799-Fall 1800
Middle Circuit, Fall 1792, Fall 1798
Southern Circuit, Fall 1793
First Circuit, April 29, 1802-September 13, 1810

Education:
Harvard College, A.B., 1751
Read law, 1755

Professional Career:

Private practice, Scituate, Massachusetts, 1755-1760
Justice of the peace, register of deeds, and probate court judge, Lincoln County, Maine, 1760-1772
Judge, Superior Court of Massachusetts, 1772-1789; chief justice, 1777-1789 (name changed to Supreme Judicial Court in 1780)

Other Nominations/Recess Appointments:

Nominated to be Chief Justice of the Supreme Court of the United States, January 26, 1796; confirmed, January 27, 1796; declined appointment

Bibliography

Davies, Ross E. “William Cushing, Chief Justice of the United States.” Toledo Law Review, vol. 37, No. 3 (2006): 597-658.

Gerber, Scott Douglas. Seriatim: The Supreme Court before John Marshall. New York: NYU Press, 1998.

Jones, Francis R. “William Cushing.” Green Bag, vol. 13, no. 9 (Sep. 1901): 415-7.

O’Brien, F. William. “Justice William Cushing and the Treaty-Making Power.” Vanderbilt Law Review, vol. 10, no. 2 (Feb. 1957): 351-68.

________. “Justice Cushing and State Sovereignty.” South Carolina Law Quarterly, vol. 9, no. 4 (Summer 1957): 572-90.

________. “The Pre-Marshall Court and the Role of William Cushing.” Massachusetts Law Quarterly, vol. 43, no. 1 (Mar. 1958): 52-63.

Rugg, Arthur P. “William Cushing.” Yale Law Journal, vol. 30, no. 2 (Dec. 1920): 128-44.

“William Cushing’s Judicial Career in Massachusetts from 1777-1789.” Massachusetts Law Quarterly, vol. 43, no. 1 (Mar. 1958): 64-9.

Manuscript Collections

Massachusetts Historical Society
Boston, Mass.
William Cushing family papers, 1657-1840.
4 boxes and 1 box of photocopies; contains personal and legal papers of the Cushing family, including correspondence of William Cushing and papers relating to his tenure on the Supreme Court.

William Cushing judicial notebook, 1783.
1 vol.; judicial notebook Cushing kept as chief justice of the Massachusetts Supreme Judicial Court, in 1783, regarding Commonwealth v. Jennison.

William Cushing papers, 1664-1814.
3 vols.; collection contains letters, and family and legal papers.

William Cushing scrapbook, 1919.
1 vol.; scrapbook with pamphlets, letters, articles, and addresses, and copies of manuscripts relating to William Cushing and family.

Federal Judicial Center

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Cushing, William