Monday, February 13, 2012

The Chief Justice Who Wasn't

Every school kid learns John Jay, whose Masonic status is uncertain, was the first Chief Justice of the US Supreme Court.  But most do not know the first Associate Justice was  William Cushing (1732-1810), a member of St. Andrew's Lodge, Boston.  Brother Cushing had been Attorney General of Massachusetts and became the state's first Chief Justice in 1772. Cushing, in fact, was the first person Brother Washington appointed to the Supreme Court, even before appointing Jay.  In 1796, Washington appointed Cushing the 3rd Chief Justice.  The Senate unanimously confirmed Cushing and that evening he attended a dinner party where Washington surprised him by praising his virtues and asking him to sit on his right had side.  Cushing, in return, surprised Washington when, a few days later, he declined the appointment!

Apparently, health and family matters are the reasons why Cushing declined, although he did continue to serve as Associate justice until his death in 1810.  Of the original Supreme Court Justices, Brother Cushing served the longest, 21 years.

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