Massachusetts Chief Justice
In 1783, Cushing presided over a series of cases involving Quock Walker, a slave who claimed his freedom. In Commonwealth v. Jennison, Cushing, in his charge to the jury, stated, "Without resorting to implication in constructing the constitution, slavery is...as effectively abolished as it can be by the granting of rights and privileges wholly incompatible and repugnant to its existence." This has been taken to mean that slavery was incompatible with the state constitution ratified in 1779, and that slavery was therefore abolished in the state.
During Shays' Rebellion (1786-87), Cushing made sure 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.
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