He was regarded by the people of Massachusetts as a man without moral convictions and as utterly subservient to the slave power.
So his appointment was a great shock to the Anti-Slavery men and made them believe that it was not safe to put political power in Democratic hands.

General Cushing vindicated this opinion afterward by the letter written when he was Attorney- General in the Cabinet of President Pierce declaring that the Anti-Slavery movement in the North "must be crushed out," and also by a letter written to Jefferson Davis after the beginning of the Rebellion recommending some person to him for some service to the Confederacy.

The discovery of this letter compelled President Grant who had been induced to nominate him for Chief Justice to withdraw the nomination.

The other cause was the passage of the bill for the prohibition of the manufacture and sale of intoxicating liquors, known as the Maine law.

This measure had passed the Legislature, containing a provision for its submission to the people.