William Cushing - Youth and Early Career

Youth and Early Career

William Cushing was born in Scituate, Province of 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 was a provincial magistrate who in 1747 became an associate justice of the Superior Court of Judicature, the province's high court.

Cushing graduated from Harvard College in 1751 and became a member of the bar in 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 the Superior Court was essentially dissolved and reformed in November 1775. Of all its justices, Cushing was the only one was retained. The seat of Chief Justice was first offered to John Adams, but he never sat, and resigned the post in 1776. The provincial congress then appointed Cushing to be the court's first sitting Chief Justice in 1777. He would sit as Massachusetts Chief Justice until 1789.